Procedural Paths to Human Dignity: Enforcing the Prohibition of Discrimination in Slovenia and Beyond

Abstract

This paper examines the procedural aspects of protection against discrimination, focusing on the legal framework of the European Union and Slovenia. In Slovenia, protection is ensured both before the equality body and before the courts. Unlike purely advisory institutions, the Slovenian equality body conducts discrimination proceedings that may result in declaratory decisions, while victims may also seek remedies before civil courts, which can order the cessation of discriminatory practices and award compensation. This dual system is problematic, as the competencies of the two mechanisms are not clearly delineated, which may lead to conflicting outcomes.