The work analyzes the development and application of the concept of discrimination in the case law of the Constitutional Court of the Republic of Slovenia, with an emphasis on the first paragraph of Article 14 of the Constitution. The research covers the period from 1991 to 2024 and includes key decisions that have contributed to the understanding and interpretation of the principle of equality. The findings indicate that the Constitutional Court initially applied the first paragraph of Article 14 of the Constitution restrictively, focusing more on the general principle of equality from the second paragraph of Article 14. A turning point occurred in 2008 when the court began to apply this article more frequently, including the implementation of the test of constitutionally permissible objectives and the strict test of proportionality. Significant progress was also made by considering the case law of the European Court of Human Rights (ECtHR) and incorporating international law, leading to important decisions such as the direct application of Article 1 of Protocol No. 12 to the European Convention on Human Rights (ECHR). Key milestones include the consideration of the ECtHR's case law and the application of international conventions, which contributed to the recognition of new forms of discrimination, including positive discrimination and indirect discrimination. Nevertheless, the task finds that the Constitutional Court still approaches the analysis of discrimination predominantly in a one-dimensional manner, particularly in addressing intersectional discrimination. The overall analysis thus provides a comprehensive overview of the development of constitutional jurisprudence from the perspective of the right to non-discriminatory treatment.
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