annex 1 - OHCHR

OPTIONAL PROTOCOL TO THE CONVENTION
ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND
CHILD PORNOGRAPHY
Initial report
SLOVENIA CONTENTS Paragraphs Page
I. INTRODUCTION 1 - 27 3 II. PROHIBITION OF THE SALE OF CHILDREN, CHILD PORNOGRAPHY AND CHILD PROSTITUTION 28 - 45
12 III. PENAL/CRIMINAL PROCEDURE 46 - 55 16 IV. PROTECTION OF THE RIGHTS OF CHILD VICTIMS......... 56 -
80 17
V. PREVENTION OF THE SALE OF CHILDREN, CHILD
PROSTITUTION AND CHILD PORNOGRAPHY................. 81 -
86 23
VI. INTERNATIONAL COOPERATION AND ASSISTANCE ...... 87- 92
24 ANNEX: ARTICLES FROM THE CRIMINAL CODE AND THE
CRIMINAL PROCEDURE ACT.........................
29 I. INTRODUCTION* 1. Pursuant to paragraph (1) of Article 12 of the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography, the Republic of Slovenia as a member of
the United Nations, a State Party to the Convention on the Rights of the
Child and a State Party to the Optional Protocol hereby submits its initial
report on the implementation of this Optional Protocol. 2. The Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography was ratified
by the National Assembly of the Republic of Slovenia at its session on 15
July 2004. It was published in the Official Gazette of the RS, No. 85/04 -
International Treaties, No. 23/04 and entered into force on 17 August 2004.
The Republic of Slovenia did not submit any reservations to the Optional
Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography. 3. With respect to the legal status of the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography in the legal order of the Republic of
Slovenia we would like to explain that Article 8 of the Constitution of the
Republic of Slovenia (Ur. l RS (Official Gazette of the Republic of
Slovenia), No. 33/91, 42/97, 66/00, 24/03, 69/04 and 68/06) stipulates that
laws and regulations must comply with generally accepted principles of
international law and international treaties that are binding on Slovenia,
and that ratified and published treaties are applied directly. Paragraph
(2) of Article 153 of the Constitution of the Republic of Slovenia further
defines that laws must be in conformity with valid international treaties
ratified by the National Assembly of the Republic of Slovenia whereas
regulations must also be in conformity with other ratified international
treaties. 4. The said provision of Article 8 of the Constitution of the Republic of
Slovenia establishes supremacy of international treaties, which are binding
on Slovenia, over laws and other regulations with the exception of the
Constitution of the Republic of Slovenia that is from a hierarchical
standpoint the supreme act of the Slovenian legal order. Paragraph (2) of
Article 153 of the Constitution of the Republic of Slovenia governs
harmonisation between laws and regulations in terms of constitutionality
and legality. 5. In accordance with the provisions of the Constitution of the Republic
of Slovenia (Ur. l. RS, No. 33/91, 42/97, 66/00, 24/03, 69/04 and 68/06)
children enjoy special protection and care. Children are guaranteed special
protection from economic, social, physical, mental or other exploitation
and abuse. Article 56 of the Constitution of the Republic of Slovenia of
1991 (with amendments adopted up to 2006) stipulates: "(Rights of Children)
- Children shall enjoy special protection and care. Children shall enjoy
human rights and fundamental freedoms consistent with their age and
maturity. Children shall be guaranteed special protection from economic,
social, physical, mental or other exploitation and abuse. Such protection
shall be regulated by law. Children and minors who are not cared for by
their parents, who have no parents or who are without proper family care
shall enjoy the special protection of the state. Their position shall be
regulated by law." The data in the Report reflect the situation until 31.12.2006 6. The Protocol covers areas under the responsibility of different
ministries. The Ministry of Labour, Family and Social Affairs performs
tasks in the field of the family and children as well as social affairs;
the Ministry of the Interior performs tasks in the field of public security
and police, administrative internal affairs and migrations; the Ministry of
Justice performs tasks in the field of organisation and status of courts,
the prosecutor's offices and the state attorneys' service, and the
Constitutional Court, supervision over the operations of the prosecutor's
offices and the state attorneys' service, in the field of civil and
criminal law, judicial proceedings, justice-system management, attorneys,
notaries, execution of penal sanctions, personal data protection and
international legal aid. The latter is also responsible for co-ordination
with respect to the Criminal Code (Ur. l. RS No. 95/04 - officially
consolidated text 1), the Criminal Procedure Act (Ur. l. RS No. 32/07 -
officially consolidated text 4) and the Act on Liability of Legal Persons
for Criminal Offences (Ur. l. RS, No. 98/04 - officially consolidated text
1). The Ministry of Health covers the field of health care, heath
insurance, health care activities or health care services; the Ministry of
Education and Sport performs tasks in the field of education, primary,
secondary and post-secondary vocational education and sport; the Ministry
of Foreign Affairs is responsible for co-operation with other countries and
international organisations, it also proposes international treaties for
ratification as well as promotes and co-ordinates co-operation with other
countries. 7. The Interministerial Working Commission for Human Rights as an expert
consultative body of the Government of the Republic of Slovenia was
established at the national level to co-ordinate human rights issues. It
is composed of the representatives of competent ministries and non-
governmental organisations. The Interministerial Working Commission follows
international law issues concerning the exercise and protection of human
rights and freedoms on the basis of international acts that are binding on
Slovenia. 8. In its Decision no. 240-05/2003 of 18 December 2003 the Government of
the Republic of Slovenia appointed an interministerial working group for
combating trafficking in human beings (hereinafter the IWG) composed of the
representatives of ministries, government bodies and non-governmental
organisations. The activities and projects of the IWG include those
concerning children (prevention, i.e. awareness raising and research
activities; assistance to victims of trafficking and their protection;
training and international co-operation). 9. An Expert Council for Problems related to Domestic Violence (Ministry
of Labour, Family and Social Affairs) is active at the ministerial level.
The Expert Council has the following tasks: it discusses open issues and
formulates opinions, initiatives and proposals aimed at improving the
system of protection against domestic violence; on proposal of the ministry
it advises about drafting laws, implementing regulations and other legal
documents; it formulates opinions and positions on individual issues and
monitors the implementation of legislation and the ministry's entire policy
on protection against domestic violence. 10. The text of the Optional Protocol was published on the Internet pages
of the Ministry of Foreign Affairs and the Ministry of Labour, Family and
Social Affairs. The Optional Protocol was also published in the brochure
»?lovek ni naprodaj - izbrani dokumenti in ukrepanje proti spolnemu
izkori??anju in zlorabi otroki« (»People are not for sale - selected
documents and measures against sexual exploitation and abuse of children«).
This brochure was published by the Information and Documentation Centre of
the Council of Europe (IDC SE) at the National and University Library (NUK)
in Ljubljana in July 2005 on the occasion of the following two conferences
held between 5 and 9 July and organised by the Government of the Republic
of Slovenia in co-operation with the Council of Europe, UNICEF, the World
Health Organisation, the United Nations High Commissioner on Human Rights,
and the non-governmental organisation Advisory Panel: Stop Violence Against
Children: Act Now!" - Regional consultation on the UN Study on Violence
Against Children, Europe and Central Asia; "Yokohama Review for Europe and
Central Asia - Combating Sexual Exploitation of Children". The publication
was financed by the Information and Documentation centre of the Council of
Europe at the National and University Library in Ljubljana, the Ministry of
Labour, Family and Social Affairs, the Ministry of the Interior, the
Council of Europe, UNICEF Slovenija and the Human Rights Ombudsman of the
Republic of Slovenia. It was published in 2,000 copies and distributed to
p