This document provides a case summary Kuric and others v Slovenia. The case had been brought by eight of the roughly 18,000 people who had been left stateless after the state "erased" their names from the civil registry following their failure to claim citizenship in the months after the country?s declaration of independence on 25 June 1991.
On 13 July 2010, the European Court of Human Rights (ECtHR), in the case of Kuric and others v. Slovenia (application no. 26828/06), ruled that the “erasure” of the applicants from the Slovenian Register of Permanent Residents and the resulting severe repercussions this had for their private and family life constituted a violation of Article 8 (private and family life) of the European Convention on Human Rights (ECHR). The ECtHR also found that Slovenia violated Article 13 of the ECHR as it failed to provide the applicants with an effective remedy before a domestic authority.
This is the ERT Case Summary of the constitutional court of the Republic of Slovenia's decision in Blazic and Kern v Slovenia U-I-425/06-10.
London, 20 July 2009
On 2 July 2009, the Constitutional Court of Slovenia held that Article 22 of the Registration of Same Sex Partnerships Act (RSSPA) violated the right to non-discrimination under Article 14 of the Constitution on the ground of sexual orientation. The decision was handed down in the case of Blazic and Kern v. Slovenia U-I-425/06-10. The applicants challenged Article 22, which sets out the inheritance regulations for same sex partnerships, on the basis that it regulated inheritance for same sex partners differently, and less favourably, than the Inheritance Act regulated inheritance for opposite sex partners.
Makuc and Others v. Slovenia (Application No. 26828/06)
WRITTEN COMMENTS OF THE EQUAL RIGHTS TRUST
On 2nd November 2007 Amnesty International and The Equal Rights Trust called on the Slovenian government to withdraw the draft Constitutional Law, presented to parliament on 30 October, which is intended to resolve the status of the “erased” – people unlawfully removed from the registry of permanent residents in 1992.
"Testimony of an “erased” stateless person from Slovenia, taken by Donatella Fregonese" appears in The Equal Rights Review (vol.1).
The Equal Rights Review, Volume One (2008) containing:
Dimitrina Petrova, A Right to Equality Integral to Universal Human Rights: Editor’s Welcome to The Equal Rights Review
Jarlath Clifford, Locating Equality: from Historical Philosophical Thought to Modern Legal Norms
Paola Uccellari, Multiple Discrimination: How Law Can Reflect Reality
Patrick Delaney, Legislating for Equality in Colombia: Constitutional Jurisprudence, Tutelas, and Social Reform
Claude Cahn, Slums, the Right to Adequate Housing and the Ban on Discrimination
On 8 November 2007 The Equal Rights Trust call on Janez Janša, the Slovenian Prime Minister, to recall the Draft Constitutional Law, presented to the Parliament on 30 October, which is intended to resolve the status of the “erased” – people unlawfully removed from the registry of permanent residents in 1992. ERT urged the Slovenian government to introduce instead legislation that is in line with international human rights law and the relevant decisions of the Slovenian Constitutional Court.