Discrimination is still present in our society in many areas of our lives. It means unequal treatment of a certain person or group of people based on their particular personal grounds. Anti-discrimination law is adopted in international anti-discrimination legislation, in EU law as well as at the national legislation. Special measures sometimes described as positive discrimination are part of anti-discrimination law. They indicate the priority treatment aimed at the improvement of the position of a group of persons with a particular personal ground to ensure the realisation of the right to equal treatment and equal opportunity. In Slovenian legislation, there are two types of special measures, incentive special measures and positive action measures. Such measures shall pursue a legitimate objective of eliminating less favourable positions of people in certain personal circumstances based on analyses of the existence of a less favourable position, and which are necessary and appropriate means of eliminating such a position.
The thesis focuses on the analysis of special measures in Slovenia. In addition to the legal basis in European and Slovenian legislation and the practice of the Constitutional Court RS, I analyse the measures adopted by ministries and find out the actual use and effectiveness of the institute of special measures in Slovenian anti-discrimination law.
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