Slovenia: End Punitive Seizures of Social Assistance Targeting Roma Community | Amnesty International

by Chief Editor

Slovenia’s ‘Security Law’: A Warning Sign for Social Rights in Europe?

A recent appeal to Slovenia’s Constitutional Court by Amnesty International and a coalition of NGOs highlights a troubling trend: the erosion of social rights under the guise of public security. The core issue centers on Slovenia’s ‘Security Law,’ enacted last November, which allows the Tax Office to seize social assistance from individuals with unpaid fines, even for minor offenses. This practice is disproportionately impacting Roma communities and raising serious concerns about human rights violations.

The Punitive Logic of Benefit Seizure

More than 1,000 individuals and families in Slovenia had their social assistance seized in January alone, leaving many unable to afford basic necessities like food. Unlike typical enforcement measures, the Security Law imposes no limits on the amount of assistance that can be taken, and lacks provisions to protect the most vulnerable. This creates a situation where individuals are penalized not for a lack of means, but for an inability to pay relatively minor fines.

Pro Tip: Understanding your rights is the first step to protecting them. If you are facing benefit seizure, seek legal advice immediately.

Disproportionate Impact on Roma Communities

The law’s impact is not evenly distributed. Amnesty International and other rights groups have consistently warned that the Security Law disproportionately affects Roma communities, who already face systemic discrimination, poverty, and limited access to basic services. This echoes concerns raised following a fatal incident in Novo Mesto involving a member of the Roma community, which prompted the law’s swift passage.

The situation is further complicated by reports of increased police cooperation in confiscating vehicles from Roma individuals with outstanding debts. Two appeals against these confiscations have already been filed, signaling a growing legal challenge to the law’s implementation.

A Broader European Trend?

Slovenia’s actions aren’t occurring in a vacuum. Across Europe, there’s a growing tendency to prioritize security measures over social rights, particularly in response to perceived threats or isolated incidents. This often manifests as increased police powers, stricter immigration controls, and cuts to social welfare programs. While security is undoubtedly significant, it shouldn’t come at the expense of fundamental human rights.

The lack of safeguards within the Security Law – specifically, the absence of limits on seizure amounts and the failure to notify Centers for Social Work – is particularly alarming. This demonstrates a disregard for due process and a willingness to prioritize punishment over support for vulnerable populations.

Legal Challenges and Constitutional Concerns

The appeal to Slovenia’s Constitutional Court represents a crucial legal challenge to the Security Law. Separately, the Supreme Court has also filed a motion questioning the constitutionality of provisions extending pretrial detention periods. These legal battles could set a precedent for future legislation and safeguard against the erosion of social rights.

The Role of International Human Rights Treaties

Slovenia, as a signatory to numerous international and regional human rights treaties, is obligated to guarantee an adequate standard of living and social security to all its citizens without discrimination. The Security Law, as currently implemented, appears to violate these obligations.

Frequently Asked Questions

What is the ‘Security Law’ in Slovenia?

The Act on Urgent Measures to Ensure Public Security grants the Tax Office expanded powers to seize social assistance from individuals with unpaid fines for minor offenses.

Why is this law controversial?

Critics argue the law is disproportionately affecting Roma communities and violating their right to social security.

What is Amnesty International doing about this?

Amnesty International, along with a coalition of NGOs, has filed an appeal to Slovenia’s Constitutional Court demanding amendments to the law.

Did you know? The Security Law was passed quickly following a fatal incident in Novo Mesto, raising concerns about a reactive and potentially discriminatory legislative process.

This case serves as a stark reminder of the fragility of social rights and the importance of vigilance in defending them. The outcome of the legal challenges in Slovenia will have significant implications not only for the country’s Roma community but also for the broader protection of social rights across Europe.

Learn More: Explore Amnesty International’s Urgent Action on this issue and locate out how you can help.

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