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COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORTS OF SLOVENIA ON OPTIONAL PROTOCOLS TO CONVENTION ON RIGHTS OF CHILD
29 May 2009
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Committee on the Rights of the Child
29 May 2009
The Committee on the Rights of the Child today reviewed the initial reports of Slovenia on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Anja Kopac Mrak, State Secretary of the Ministry of Labour, Family and Social Affairs of Slovenia, presenting the reports, said with respect to efforts taken in addressing the sale of children, child prostitution and child pornography, Slovenia had strengthened the Criminal Code, which was amended twice in 2004 and 2008. Human trafficking was introduced as a new criminal offence in 2004. This notion included the sale of children for the purpose of prostitution or other forms of sexual exploitation or enslavement, service or trafficking in human organs, tissue or blood; committing this offence against a minor was considered an aggravated circumstance. The 2004 amendments to the Criminal Code also added new paragraphs concerning presentation, manufacture, possession and distribution of pornographic materials, with special emphasis on the protection of children.
Concerning children in armed conflict, Ms. Mrak said after ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, Slovenia declared that the minimum age at which it would permit voluntary recruitment into its national armed forces was 18. The minimum age was applied equally to men and women. By phasing out the recruitment system and introducing professional military service, service in the contractual reserve forces and the national armed forces was now voluntary and regulated by the contract between the two parties. The Service in the Slovene Army Act, which entered into force on 14 August 2007, provided that a person below the age of 18 may perform neither military service nor any other work in the army.
In preliminary concluding observations and recommendations, Committee Expert Lother Friedrich Krappmann, Rapporteur for the report of Slovenia on the Optional Protocol on children in armed conflict, said that an informative and easy dialogue had been held in the morning and thanked the delegation for all the information given and for their reactions to the questions posed by the Committee. Slovenia’s commitment was praised and the Committee welcomed their national and international involvement. This was really helpful for the implementation of the Protocol in the country and beyond the country. No children under 18 years old were in the army, neither for military purpose or other duties, which was welcome and the Committee hoped this would serve as a model for others. The Committee would carefully consider what they heard with respect to the preparations taken to deal with cases of children entering the country from abroad.
In additional preliminary concluding observations, Committee Expert Moushira Khattab, Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the very thorough answers provided. She commended Slovenia for the work done to ensure protection for children. However, the Committee remained concerned about protection for vulnerable groups. The Committee would flag the issue involving any sale of children or prostitution. She said that these children were not perpetrators but rather victims. Further, she expressed that the Committee would request Slovenia to set up an ombudsman specifically for children. She thanked the delegation for the fruitful dialogue and looked forward to continue this work with them.
The Committee will release its formal, written concluding observations and recommendations on the reports of Slovenia towards the end of its three-week session, which will conclude on 12 June 2009.
Also representing the delegation of Slovenia were representatives from the Ministry of Labour, Family and Social Affairs; Ministry of Interior; Department of Defence; and the Permanent Mission of Slovenia to the United Nations Office at Geneva.
As one of the 193 States parties to the Convention and a party to its two Optional Protocols, Slovenia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of those instruments. The delegation was on hand to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 3 June 2009, it will take up the combined third and fourth report of Bangladesh under the Convention (CRC/C/BGD/4).
Reports of Slovenia
The initial report of Slovenia under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/SVN/1) states that Article 123 of the Constitution of the Republic of Slovenia provides that participation in the national defence is compulsory for citizens within the limits and in the manner provided by law. Article 47 of the Defence Act provides that military service is done by members of the permanent forces, military servicemen doing military service, and members of reserve units when called up. The permanent force consists of professional members of the armed forces. In accordance with the general and special conditions that must be met by candidates for professional military service, a contract of employment may only be signed by persons who have already reached the age of 18. The same applies to contract-based military service in the reserve forces of the Slovenian Armed Forces. In this case too, the executive regulation explicitly states that men and women are eligible to serve in the reserve units of the Slovenian Armed Forces from their eighteenth birthday. In the case of increased danger of attack on the country or immediate danger of war, or in the case of the proclamation of a state of war or state of emergency, the National Assembly of the Republic of Slovenia may decide to reintroduce compulsory medical and other checks and psychological tests, conscription, posting on military service or alternative service and compulsory service in reserve units. The currently dormant provisions of the Act with regard to the implementation of these duties provide, inter alia, that conscription shall take place as a rule in the calendar year in which the conscript turns 18, but may take place a year earlier if the conscript himself so requests.
Further, at the Ministry of Defence and the General Staff of the Slovenian Armed Forces, special emphasis is placed on the education and training of members of the Slovenian Armed Forces in the sphere of international humanitarian law. In the sphere of operations of security forces and the police, the emphasis is placed on training police officers who are included in international peacekeeping missions. All these police officers are obliged to attend a special seminar on international humanitarian law. All other members of the police force are familiarized with the fundamental principles of international humanitarian law and provided with a brochure on international humanitarian standards governing the use of force, which also includes the topic of human rights and the rights of the child.
According to the initial report of Slovenia under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SVN/1) in 2002 the police dealt with five girls of Slovenian nationality who were sold to a foreign country. They were all 17 years old and were sold abroad for the purposes of sexual exploitation. In 2003 and 2004 the police did not deal with any cases of trafficking in children and in 2005 it handled one case. In 2002 the Supreme Prosecutor’s Office of the Republic of Slovenia considered two cases involving underage victims of a criminal offence of establishing slavery relations but the offender against which a criminal complaint was filed was not convicted in the end. The Slovenian Criminal Code contains provisions relating to the prohibition of sale of children, child pornography and child prostitution and penalizes sexual assault on persons under the age of fifteen years; violation of sexual integrity by abuse of position; abuse of prostitution; presentation, manufacture, possession and distribution of pornographic material; and trafficking in human beings. Under Slovenian legislation, perpetrators are considered as exclusively responsible for the above offences, and never their victims, i.e. children. Maltreatment of children in the family is penalised under a separate article entitled “Neglect and Maltreatment of Juveniles”.
Presentation of Reports
ANDREJ LOGAR, Permanent Representative of Slovenia to the United Nations Office at Geneva, said that Slovenia attached great importance to the Convention on the Rights of the Child. Children were one of the most vulnerable groups and therefore required the most attention. The Slovenian Government attached great importance to the reporting process; it was an opportunity to receive additional advice aimed at implementing relevant documents and conventions. He looked forward to a fruitful dialogue with the Committee Experts and their recommendations.
ANJA KOPAC MRAK, State Secretary of the Ministry of Labour, Family, and Social Affairs, said that significant initiatives included the European Union Strategy on the Rights of the Child, the European Union Daphane II programme, the Council of Europe programme “Building a Europe for and with Children” and the Council of Europe platform on children’s rights, which endorsed future guidelines on integrated national strategies for the protection of children against violence.
With respect to efforts taken in addressing the sale of children, child prostitution and child pornography, Slovenia had strengthened the Criminal Code, which was amended twice in 2004 and 2008. Human trafficking was introduced as a new criminal offence in 2004. This notion included the sale of children for the purpose of prostitution or other forms of sexual exploitation or enslavement, service or trafficking in human organs, tissue or blood; committing this offence against a minor was considered an aggravated circumstance, Ms. Mrak explained. The 2004 amendments to the Criminal Code also added new paragraphs concerning presentation, manufacture, possession and distribution of pornographic materials, with special emphasis on the protection of children.
According to Article 9 of the Optional Protocol on the sale of children, child prostitution and child pornography, prevention activities, including raising public awareness, should be strengthened. Ms. Mrak, said that in Slovenia action had been taken in the field of education and training of experts dealing with children. The Government Interdepartmental Working Group for the fight against trafficking in persons was established in 2003. This Working Group included experts from relevant ministries and non-governmental organizations.
Prevention also encompassed research activities and other forms of monitoring of this phenomenon, including the surveillance mechanisms of the competent institutions. Aside from different forms of raising awareness and education, Slovenia had launched a project called “VIOLET – How to Avoid the Traps of Human Trafficking”, which focused on pupils in primary and secondary schools, their parents and school staff, noted Ms. Mrak. The aim of the project was to inform these groups about human trafficking. The lecture also included a short documentary about a true story of a girl who became a victim of trafficking. The project was carried out by the Association Kljuc and was co-financed by local authorities.
In line with standard practice, human trafficking in Slovenia was monitored on the basis of measurable data from the reports of the police and state prosecutor’s office on criminal offences of human trafficking in accordance with article 113 of the Criminal Code, placing in a position of slavery in accordance with article 112 of the Criminal Code and abuse of prostitution in accordance with article 175 of the Criminal Code, explained Ms. Mrak. Although the numbers on trafficking in children to Slovenia were low, this phenomenon was considered a serious one. However, according to reports from non-governmental organizations, such trafficking mostly included potential victims. According to police records, the number of potential victims for 2008 was three. Victims of child trafficking had been assisted by Slovenian non-governmental organizations on the basis of the “Assistance of victims of trafficking in human beings” project co-financed by the Ministry of the Interior and the Ministry for Labour, Family and Social Affairs. The projects were carried out by the Slovenian Caritas (crisis accommodation) and the Kljuc society (accommodation in shelters), explained Ms. Mrak.
On 15 July 2004, the National Assembly ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which entered into force on 17 August 2004. The act ratifying the Protocol was adopted unanimously, expressed Ms. Mrak. As a result Slovenia declared that the minimum age at which it would permit voluntary recruitment into its national armed forces was 18. The minimum age was applied equally to men and women. By phasing out the recruitment system and introducing professional military service, service in the contractual reserve forces and the national armed forces was now voluntary and regulated by the contract between the two parties. The Service in the Slovene Army Act, which entered into force on 14 August 2007, provided that a person below the age of 18 may perform neither military service nor any other work in the army. The provision, which was one of the basic principles of performing military service in peace or during a state of emergency or war, prevented any inclusion of citizens aged below 18 years in the armed forces. Slovenia was committed to prosecuting and punishing the recruitment of child soldiers through the penal offences for recruiting children younger than 18 in the Criminal Code.
Slovenia did not have special legal provisions and programmes in the case of a minor applying for international protection as a victim of recruitment or being used in hostilities, explained Ms. Mrak. In these cases, a minor would be included in the programmes established by the inter-ministerial working group on carrying out standard operating procedures for preventing and taking measures in cases of gender-based and sexual violence. This working group was under the competency of the Ministry of the Interior.
Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict
LOTHER FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Slovenia on the involvement of children in armed conflict, said the Committee welcomed the unanimous adoption of the Optional Protocol on the involvement of children in armed conflict by the National Assembly in 2004 and took note of the information that international treaties, which were ratified and published, were applied directly. The Committee also noted with appreciation Slovenia’s efforts to prevent conflicts, to support civilians affected by war and to protect the rights of the child under the Convention and under the Optional Protocols.
The State party’s report explained that the armed forces of Slovenia, which once were based on compulsory recruitment, were in a process of transition and were on the way to be a professional army, which would completely consist of men and women who had voluntarily decided to do military service. This minimum age of entry into the armed forces was and would be 18 years, observed Mr. Krappmann. As indicated in the report, the former Military Service Act made possible to reintroduce compulsory conscription when a state of war or emergency was proclaimed. In this case conscripts may enter the armed forces in the year they turn 18, which meant even before their 18th birthday, if a 17 year old voluntarily requested so. The Committee commended Slovenia for eliminating this clause and thanked the delegation for reconfirming that recruitment of children under the age of 18 year old was now prohibited at any time.
Mr. Krappmann asked if the Government was considering criminalizing the mere recruitment of children under the age of 18 year old, although the Optional Protocol did not forbid such voluntary recruitment. He noted that article 14 (on respecting the rights of children to freedom of thought, conscience and religion) of the Convention did not hinder any provisions of State parties, which were more conducive to the realization of the rights of the child than those of the Convention.
On refugees and asylum-seeking children, Mr. Krappmann noted that although a lot of information was given on refugee and asylum-seeking children, he had to raise the issue. Among these children, there may be children affected by armed conflicts. Slovenia affirmed, however, that no such children were identified among these children in recent years. In the reply to question 5 of the list of issues the Committee was informed that in the case that such a child would be detected, this child would be cared for by a standard procedure established for cases of gender-based violence and this was confirmed in the presentation of the report this morning. This looked like a stopgap measure. He concluded that Slovenia did not expect to deal with children affected by armed conflicts. In the report it was stated, however, that teachers involved in psychosocial assistance programmes had encountered this issue “indirectly”. He asked the delegation to explain what “indirectly” meant?
There were reports that a number of children were repelled at the border, before they were able to enter the procedure, in which reasons of their flight and their status as refugee may be determined, asked Mr. Krappmann. These reports also noted that claims were not dealt with in an individualized manner, but were quickly declared to be unfounded. Furthermore, these reports indicated that the statistics about unaccompanied children were based on those children only which managed to enter the status determination procedure, and did not include the many, who were rejected at the border without consideration of their claim. It certainly was difficult to find out whether a child was a victim of armed conflict, stressed Mr. Krappmann. The procedure had to be child sensitive and trustful. The written replies referred to an organization in charge of such examinations, which, however, seemed to be specialized on trafficking.
Mr. Krappmann asked if the Government was sure that it gave refugee children, in particular unaccompanied children, a fair chance to submit their claims. Were the examination procedures sensitive to the situation of children from conflict-affected areas? Information was provided by the delegation about the new rules for guaranteeing the rights of applicants, he noted, and asked did they help to do justice to the individual situation of children asking for refugee status?
Committee Experts also raised a number of questions on, among other things, the role of the ombudsman in monitoring the implementation of the Optional Protocols and within the armed forces; on war crimes or acts constituting war crimes, had there been any such cases involving children which took place outside the territory of the State party? On the sale of arms, either manufactured or through areas where children were involved in armed conflicts, what was the State party’s policy on the sale of arms in such situations? With respect to prevention and education, what had been done in Slovenia with regard to educational prevention methods, and could examples be provided? Did children know about the Optional Protocol on the involvement of children in armed conflict, was this included in the school curricula? In the training of military personnel, were they trained specifically on this Optional Protocol, as they would no doubt encounter children in peacekeeping missions and how would they handle such situations?
Response by Delegation
On the issue of recruitment of children in armed conflict, the delegation said that the Constitution stipulated that all international obligations were directly applicable in national legislation. Slovenia did not have a policy of conscription and was based on professional recruits, whether there was a state of emergency or a state of war, in neither case were persons who were under age be included or involved in the defence of the country or be sent elsewhere to do so. A person who was under age could not be recruited or employed in the armed forces. Individuals were able to participate in the army on a voluntary basis if they were at least 18 years of age.
With regard to the Rome Statute and the criminalization of criminal acts committed outside the territory of Slovenia, the delegation explained that Article 13 stipulated that Slovenia had jurisdiction if the criminal act was committed outside the territory and if the victim was a national. The penal code applied to foreign nationals who committed an offence against another foreign national in a third country only if that person was apprehended by Slovenian officials.
Concerning asylum seekers and foreign nationals, the delegation said that all children entering the country were given a care taker appointed from a specialized non-governmental organization to explain to the child the possibilities open to them and to provide other forms of protection for them. Through this mechanism and through psychosocial assistance, authorities attempted to identify potential victims of armed conflict. If a case was found the Inter-Ministerial Working Group would review such cases. Unaccompanied children were given particular care. Procedures were adapted to their age and needs on a case-by-case basis. For 2009 the Government was focused on these children in particular, to assure the meeting of the special needs of this group of children.
On the use of the word “indirectly”, the delegation stressed that what was meant here referred to cases that were identified abroad as the psychosocial assistance institution in Slovenia also worked with other countries on such issues. Therefore, Slovenia came into contact “indirectly” on those cases taking place outside the country.
A modernized curriculum was adopted into schools in Slovenia, which now included the Convention and its Optional Protocols, said the delegation. Teachers were also trained in the field of human rights. The new curriculum, therefore, systematically improved awareness of human rights for children and teachers as well as the Convention.
Responding to questions about children found at the borders of the State party, the delegation said that Slovenia had bilateral agreements with certain neighbouring countries concerning the return of children, which meant that Slovenia would reject entry of children from countries in which it had this agreement with.
With regard to the question on the role of the Ombudsman, the delegation explained that the Human Rights Ombudsman had the right to request information on cases in the armed forces. The Ombudsman was the last instance for complaints, but did not have executive functions.
Slovenia did not sell arms to countries involving children in armed conflict, said the delegation. The armed forces did not have a system of outsourcing; security and protection in the Slovenian army was only conducted by professional men and women. Further, peace and peacekeeping linked to issues of security and defence were gaining importance and were included in the curriculum for members of the armed forces.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, said that as a general observation she noticed that there was more information in the written replies and presentation of the report on trafficking while the Optional Protocol dealt specifically with exploitation of children through sale, prostitution and pornography. For example, number one of the Committee’s list of issues asked for data on the number of reported cases of sale, prostitution and pornography and the answer in the written replies were mostly on trafficking except for the case of a father who was accused of selling his daughter under the guise of marriage. The same applied to other questions raised by the Committee in its list of issues concerning child prostitution, plan of action, prevention, prosecution of offences though the delegation mentioned enslavement and exploitation in prostitution; the same applied to assistance to victims and where the State party’s answer on available research on the crimes covered by the Optional Protocol on the sale of children, child prostitution and child pornography was again focused on trafficking. For example, she further explained that the State party’s answer on the definition of sale of children indicated that it fell under trafficking; which in her view hid certain forms of sale that may not qualify as trafficking such as early marriage or child labour for instance. In addition, in the State party’s report and written replies the State party where it referred to measures implemented, everything mentioned referred to trafficking and not to other crimes covered under the Optional Protocol on the sale of children, child prostitution and child pornography. Therefore, she asked for measures taken in such areas that dealt with offences covered by the Optional Protocol on the sale of children, child prostitution and child pornography.
Ms. Khattab asked the delegation if the Government had conducted any recent research on crimes covered by the Optional Protocol on the sale of children, child prostitution and child pornography and not only trafficking; were there steps taken to ensure that data was disaggregated by inter-alia, sex, age and rural and urban areas? Most of the measures mentioned in the written replies were envisaged; she asked what had been implemented so far and what were some of the obstacles faced during the implementation? In the written replies it was not clear whether minors were treated as victims or as perpetrators?
On dissemination of the Optional Protocol, Ms. Khattab asked if Slovenia took steps to incorporate the Optional Protocol into educational curriculum and activities at all levels? On training, it was mentioned that there was a plan to train judges; had this already taken place, she asked? Was there a plan for further training activities; was there an agenda for such training activities; and had a budget been allocated for such training to take place?
With the implementation of the Child Help Line (TOM- Children and Youth Telephone), Ms. Khattab asked if this protective measures was working 24-hours, nationally available and free of charge? Further, who funded it and how did victims know about it; how was follow-up conducted on complaints received and what languages were used by it? How were potential victims identified? As in the case of unaccompanied asylum seekers; how did the Government ensure that they would not be criminalized for crimes that they may have been victims of? Was it true that in judicial proceedings only children who were 16 years old and older could give their views? On the rules regarding the deportation and repatriation of children trafficked to Slovenia for the purpose of sale or prostitution, in a country that was mostly a transit country it was surprising that there was no data on such cases, and as such Ms. Khattab asked the delegation if it could explain why?
ROSA MARIA ORTIZ, Committee Expert serving as Co-Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, said the Committee emphasized the importance of general measures to implement its provisions and its Optional Protocols, the identification of stakeholders and their duties, as well as, budgetary implications, the media’s role, national institutions, among other things. There was no indication made to the coordinating body for the monitoring and implementation of this protocol. It was important for the Committee that the State party do so. On the plan of action, it was important for the Committee that the State party identify a plan of action for this specific protocol, whether it was a part of another plan of action or on its own.
On the 2008 plan of action, Ms. Oritz asked if this plan included all cases of sale of children as defined in the Optional Protocol. Such a plan should set up objectives and clearly identify targets and the parties responsible for implementation. She also asked if the ombudsman office had sufficient independence and knowledge on the rights of the child to address these issues; was it accessible to boys and girls?
On prevention and protection measures, Ms. Oritz asked how did the most marginalized groups of children, such as Roma, children born in Slovenia without nationality and refugees or non accompanied asylum seekers work with the state apparatus and civil society to ensure non-discrimination and full integration into society?
Experts raised questions on, among other things, how many hotlines were accessible to boys and girls? What mechanism was set-up to monitor the Optional Protocol on the sale of children, child prostitution and child pornography? Who was the competent officer in charge to handle the victim? As soon as the child was brought into custody what services were available to the victim? What were the push and pull factors with respect to the sale of children, child prostitution and child pornography? Who was the legal representative of the victim in court proceedings? Who took the responsibility to deal with the negative effects of court proceedings on the child victim? Who had the responsibility to deal with social reintegration strategies and what did that entail? On extradition how did the Slovenian law function within European law on extraditions? When minors were suspected of criminal offences contained in the Protocol, how did the procedure function? How were non-governmental organizations financed to provide psychosocial services, and how was their work providing victim assistance monitored?
Response by Delegation
Responding to Experts' questions, the delegation said the 2003 inter-ministerial group was composed of members of various ministries and non-governmental organizations. The group was responsible for awareness, dissemination, and assistance activities; it carried out a coordinating role between the ministries and non-governmental organizations responsible for implementing and monitoring such programmes. The group was also responsible for developing action programmes. The VIOLET project was aimed at awareness raising for young people on trafficking in human beings. The Government also conducted seminars and cooperation with the United Nations Children’s Fund and published information pamphlets in this context. In its action plan for 2007, the inter-ministerial group earmarked 109,600 euros for children prevention and protection programmes.
With regard to crimes covered by the Optional Protocol, the delegation explained that the law in Slovenia considered the abduction of a child as a criminal offence. The new criminal code provided for the prosecution of such acts and included an aggravating factor if the offence resulted in serious consequences for the victim, such as having a psychological impact. Furthermore, the mere possession of pornographic material was incriminated in the new criminal code of 2008, without any intent necessary.
Up until 2003 the Slovenian Constitution forbad the extradition of Slovenian nationals, said the delegation. However, with the recent amendments to the Constitution it was now stipulated that a national of Slovenia could be extradited if that act was subject to international obligations. Furthermore, if the person was already imprisoned for the act which was committed, the request for extradition could be rejected.
The Human Rights Ombudsman was an independent institution, said the delegation. It had all the necessary knowledge and resources to deal with children and adults. The Government was considering to set-up a separate children’s right ombudsman institution; however, with a population of over 2 million it was hard to justify creating a separate office for children.
On the inclusion of the definition of the sale of children, child prostitution and child pornography into the definition of trafficking in human beings in Slovenia, the delegation said that, whoever participated in the exploitation of another person for prostitution or any related exploitation was punishable under article 185 of the criminal code.
Responding to the question raised on whether the contents of the Optional Protocol were included in the curricula as well as out of school activities, the delegation said that the homeland education, history and science activities in elementary and primary schools were carried out related to the Protocol. There was no specific subject entitled Optional Protocol, or children’s rights education.
With regard to the type of training provided for social workers and teachers with respect to preventative measures, the delegation explained that teachers were involved in the implementation of projects, and obtained different materials from seminars on education and training of human rights; they took part in professional conferences and interacted with experts from different fields of work. The “Education for Gender Equality” programme gave teachers an opportunity to learn how to deal with stereotypes, sexual violence and prostitution.
On implementation of education and training policies devoted to vulnerable groups, the delegation said that they were aware of the susceptibility of vulnerable groups such as the Roma, and had adopted an act for that group specifically.
On monitoring, the delegation said among other things, a consumer protection organization monitored what was happening in the media, as well as universities through an awareness raising Internet site called “Web Eye” that was responsible for monitoring the use of the internet. There were several solutions for filtering content on the Internet, many Slovenian web browsers filtered Internet sites and blocked non-suitable Internet sites for under age users. The Government did not block pornographic content. Many institutions were actively involved in awareness raising for parents, children and experts. In 2008, intensive training was organized for 3,000 teachers and they passed on the information to parents; this was one of the most important tools to help inform parents about harmful content on the Internet. Non-governmental organizations were extremely helpful in the dissemination of information in this regard. As of 2008, 350 pieces of information, of which 10 cases were such where it was established that a criminal deed had been perpetrated by a Slovenian national who was in possession of such material. The other cases involved information coming from other countries. Slovenia did not have bilateral agreements with other countries regarding information on the internet. Further, if a child aged 15 years saw pornographic material this was not considered a criminal act and therefore would not be punishable under the criminal code.
On police procedures and acquisition of evidence, the delegation explained that once the police handed a file over to the prosecutor’s office and reasonable suspicion was found (which was grounds for prosecution) then an investigation on that basis would be initiated and an indictment would be made, following which court procedures would take place.
Children were informed about the helpline through brochures distributed in schools. In addition, the delegation said there were also crisis centres where children could go to seek refuge. These initiatives were co-financed by the Government through the Ministry of Labour, Family and Social Affairs.
Concerning the training of staff in the judicial system, the delegation noted that there was ongoing training for judges and staff members. The justice educational centre would be dealing with the contents covered in the Optional Protocol and trafficking in human beings.
On whether 16 year olds could or could not be prosecuted, the delegation said that in a criminal proceeding minors had different positions, i.e. victims or witnesses, and the age limit was stipulated only for procedural statements. However, it was important to note that minors who were victims in criminal proceedings were provided with special protection.
Realistic depictions were also criminalized, said the delegation. However, there had not been any cases reported. Changes occurred in legislation, but now people were more sensitive to such matters and complaints were in fact received.
The Deputy Ombudsman visited schools which established direct contact with the population. Concerning the Children’s Right Advocate-The Voice of the Child, which was headed by the inter-ministerial working group in cooperation with the Deputy Ombudsman, the delegation explained that new legislation was being established to clearly define the role of children’s right advocates to ensure that the child’s voice was heard. It aimed to have this person be capable of responding to the specific needs of the child.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Other questions raised by Experts were on, among other things, the criminalization of the sale of the child; was the sale of a child by their guardians to another person covered under the criminal code in Slovenia? Were children aged 16 years of age prosecuted in criminal proceedings involving the sale, prostitution or pornography? Did the State party take action and block Internet sites related to pornography and did it have any agreements with other countries in this regard? For parents who did not use the Internet how was it ensured that they received the necessary information about how to protect their children from non-suitable content? How did the media and advertising agencies adapt to the new changes in the Penal Code?
Preliminary Concluding Observations
In preliminary concluding observations and recommendations, Committee Expert LOTHER FRIEDRICH KRAPPMANN, Rapporteur for the report of Slovenia on the Optional Protocol on children in armed conflict, said that an informative and easy dialogue was held in the morning and thanked the delegation for all the information given and for their reactions to the questions posed by the Committee. Slovenia’s commitment was praised and he welcomed the national and international involvement. This was really helpful for the implementation of the Protocol in the country and beyond the country. There were no under-18 year olds in the army neither for military purpose or other duties, which was welcomed and the Committee hoped this would serve as a model for others. The Committee would like to see the new articles 102 and 106 of the Penal Code as it had been explained that there was a revision of the Penal Code. The Committee would like to look at the sources and ensure an English translation. The Committee would carefully consider what they heard with respect to the preparations taken to deal with cases of children entering the country from abroad.
In additional preliminary observations, Committee Expert MOUSHIRA KHATTAB, Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the very thorough answers provided and that the ambassador himself specifically who stayed on all day, where others would stay for only a short period of time. This reinforced Slovenia’s commitment to implementing the Optional Protocols. She commended Slovenia for the work done to ensure protection for children. However the Committee remained concerned about protection for vulnerable groups. The Committee would flag the issue involving any sale of children or prostitution. She said that these children were not perpetrators but rather victims. Further, she expressed that the Committee would request that Slovenia set up an ombudsman specifically for children. Though she could not completely comment on concluding observations as the entire Committee would deliberate on that at a later time, but focus would be paid to rehabilitation and prohibition policies as well as the children’s helpline. She thanked the delegation for the fruitful dialogue and looked forward to continue this work with them
ANJA KOPAC MRAK, State Secretary, Ministry of Labour, Family and Social Affairs of Slovenia, in closing remarks, commended the Committee and the United Nations system for everything they did to promote children’s rights. She thanked the Committee for the fruitful discussion which contributed to further their practices and improve those practices to ensure the best possible protection for children.
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For use of the information media; not an official record
29 May 2009
The Committee on the Rights of the Child today reviewed the initial reports of Slovenia on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.
Anja Kopac Mrak, State Secretary of the Ministry of Labour, Family and Social Affairs of Slovenia, presenting the reports, said with respect to efforts taken in addressing the sale of children, child prostitution and child pornography, Slovenia had strengthened the Criminal Code, which was amended twice in 2004 and 2008. Human trafficking was introduced as a new criminal offence in 2004. This notion included the sale of children for the purpose of prostitution or other forms of sexual exploitation or enslavement, service or trafficking in human organs, tissue or blood; committing this offence against a minor was considered an aggravated circumstance. The 2004 amendments to the Criminal Code also added new paragraphs concerning presentation, manufacture, possession and distribution of pornographic materials, with special emphasis on the protection of children.
Concerning children in armed conflict, Ms. Mrak said after ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, Slovenia declared that the minimum age at which it would permit voluntary recruitment into its national armed forces was 18. The minimum age was applied equally to men and women. By phasing out the recruitment system and introducing professional military service, service in the contractual reserve forces and the national armed forces was now voluntary and regulated by the contract between the two parties. The Service in the Slovene Army Act, which entered into force on 14 August 2007, provided that a person below the age of 18 may perform neither military service nor any other work in the army.
In preliminary concluding observations and recommendations, Committee Expert Lother Friedrich Krappmann, Rapporteur for the report of Slovenia on the Optional Protocol on children in armed conflict, said that an informative and easy dialogue had been held in the morning and thanked the delegation for all the information given and for their reactions to the questions posed by the Committee. Slovenia’s commitment was praised and the Committee welcomed their national and international involvement. This was really helpful for the implementation of the Protocol in the country and beyond the country. No children under 18 years old were in the army, neither for military purpose or other duties, which was welcome and the Committee hoped this would serve as a model for others. The Committee would carefully consider what they heard with respect to the preparations taken to deal with cases of children entering the country from abroad.
In additional preliminary concluding observations, Committee Expert Moushira Khattab, Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the very thorough answers provided. She commended Slovenia for the work done to ensure protection for children. However, the Committee remained concerned about protection for vulnerable groups. The Committee would flag the issue involving any sale of children or prostitution. She said that these children were not perpetrators but rather victims. Further, she expressed that the Committee would request Slovenia to set up an ombudsman specifically for children. She thanked the delegation for the fruitful dialogue and looked forward to continue this work with them.
The Committee will release its formal, written concluding observations and recommendations on the reports of Slovenia towards the end of its three-week session, which will conclude on 12 June 2009.
Also representing the delegation of Slovenia were representatives from the Ministry of Labour, Family and Social Affairs; Ministry of Interior; Department of Defence; and the Permanent Mission of Slovenia to the United Nations Office at Geneva.
As one of the 193 States parties to the Convention and a party to its two Optional Protocols, Slovenia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of those instruments. The delegation was on hand to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Wednesday, 3 June 2009, it will take up the combined third and fourth report of Bangladesh under the Convention (CRC/C/BGD/4).
Reports of Slovenia
The initial report of Slovenia under the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/SVN/1) states that Article 123 of the Constitution of the Republic of Slovenia provides that participation in the national defence is compulsory for citizens within the limits and in the manner provided by law. Article 47 of the Defence Act provides that military service is done by members of the permanent forces, military servicemen doing military service, and members of reserve units when called up. The permanent force consists of professional members of the armed forces. In accordance with the general and special conditions that must be met by candidates for professional military service, a contract of employment may only be signed by persons who have already reached the age of 18. The same applies to contract-based military service in the reserve forces of the Slovenian Armed Forces. In this case too, the executive regulation explicitly states that men and women are eligible to serve in the reserve units of the Slovenian Armed Forces from their eighteenth birthday. In the case of increased danger of attack on the country or immediate danger of war, or in the case of the proclamation of a state of war or state of emergency, the National Assembly of the Republic of Slovenia may decide to reintroduce compulsory medical and other checks and psychological tests, conscription, posting on military service or alternative service and compulsory service in reserve units. The currently dormant provisions of the Act with regard to the implementation of these duties provide, inter alia, that conscription shall take place as a rule in the calendar year in which the conscript turns 18, but may take place a year earlier if the conscript himself so requests.
Further, at the Ministry of Defence and the General Staff of the Slovenian Armed Forces, special emphasis is placed on the education and training of members of the Slovenian Armed Forces in the sphere of international humanitarian law. In the sphere of operations of security forces and the police, the emphasis is placed on training police officers who are included in international peacekeeping missions. All these police officers are obliged to attend a special seminar on international humanitarian law. All other members of the police force are familiarized with the fundamental principles of international humanitarian law and provided with a brochure on international humanitarian standards governing the use of force, which also includes the topic of human rights and the rights of the child.
According to the initial report of Slovenia under the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography (CRC/C/OPSC/SVN/1) in 2002 the police dealt with five girls of Slovenian nationality who were sold to a foreign country. They were all 17 years old and were sold abroad for the purposes of sexual exploitation. In 2003 and 2004 the police did not deal with any cases of trafficking in children and in 2005 it handled one case. In 2002 the Supreme Prosecutor’s Office of the Republic of Slovenia considered two cases involving underage victims of a criminal offence of establishing slavery relations but the offender against which a criminal complaint was filed was not convicted in the end. The Slovenian Criminal Code contains provisions relating to the prohibition of sale of children, child pornography and child prostitution and penalizes sexual assault on persons under the age of fifteen years; violation of sexual integrity by abuse of position; abuse of prostitution; presentation, manufacture, possession and distribution of pornographic material; and trafficking in human beings. Under Slovenian legislation, perpetrators are considered as exclusively responsible for the above offences, and never their victims, i.e. children. Maltreatment of children in the family is penalised under a separate article entitled “Neglect and Maltreatment of Juveniles”.
Presentation of Reports
ANDREJ LOGAR, Permanent Representative of Slovenia to the United Nations Office at Geneva, said that Slovenia attached great importance to the Convention on the Rights of the Child. Children were one of the most vulnerable groups and therefore required the most attention. The Slovenian Government attached great importance to the reporting process; it was an opportunity to receive additional advice aimed at implementing relevant documents and conventions. He looked forward to a fruitful dialogue with the Committee Experts and their recommendations.
ANJA KOPAC MRAK, State Secretary of the Ministry of Labour, Family, and Social Affairs, said that significant initiatives included the European Union Strategy on the Rights of the Child, the European Union Daphane II programme, the Council of Europe programme “Building a Europe for and with Children” and the Council of Europe platform on children’s rights, which endorsed future guidelines on integrated national strategies for the protection of children against violence.
With respect to efforts taken in addressing the sale of children, child prostitution and child pornography, Slovenia had strengthened the Criminal Code, which was amended twice in 2004 and 2008. Human trafficking was introduced as a new criminal offence in 2004. This notion included the sale of children for the purpose of prostitution or other forms of sexual exploitation or enslavement, service or trafficking in human organs, tissue or blood; committing this offence against a minor was considered an aggravated circumstance, Ms. Mrak explained. The 2004 amendments to the Criminal Code also added new paragraphs concerning presentation, manufacture, possession and distribution of pornographic materials, with special emphasis on the protection of children.
According to Article 9 of the Optional Protocol on the sale of children, child prostitution and child pornography, prevention activities, including raising public awareness, should be strengthened. Ms. Mrak, said that in Slovenia action had been taken in the field of education and training of experts dealing with children. The Government Interdepartmental Working Group for the fight against trafficking in persons was established in 2003. This Working Group included experts from relevant ministries and non-governmental organizations.
Prevention also encompassed research activities and other forms of monitoring of this phenomenon, including the surveillance mechanisms of the competent institutions. Aside from different forms of raising awareness and education, Slovenia had launched a project called “VIOLET – How to Avoid the Traps of Human Trafficking”, which focused on pupils in primary and secondary schools, their parents and school staff, noted Ms. Mrak. The aim of the project was to inform these groups about human trafficking. The lecture also included a short documentary about a true story of a girl who became a victim of trafficking. The project was carried out by the Association Kljuc and was co-financed by local authorities.
In line with standard practice, human trafficking in Slovenia was monitored on the basis of measurable data from the reports of the police and state prosecutor’s office on criminal offences of human trafficking in accordance with article 113 of the Criminal Code, placing in a position of slavery in accordance with article 112 of the Criminal Code and abuse of prostitution in accordance with article 175 of the Criminal Code, explained Ms. Mrak. Although the numbers on trafficking in children to Slovenia were low, this phenomenon was considered a serious one. However, according to reports from non-governmental organizations, such trafficking mostly included potential victims. According to police records, the number of potential victims for 2008 was three. Victims of child trafficking had been assisted by Slovenian non-governmental organizations on the basis of the “Assistance of victims of trafficking in human beings” project co-financed by the Ministry of the Interior and the Ministry for Labour, Family and Social Affairs. The projects were carried out by the Slovenian Caritas (crisis accommodation) and the Kljuc society (accommodation in shelters), explained Ms. Mrak.
On 15 July 2004, the National Assembly ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which entered into force on 17 August 2004. The act ratifying the Protocol was adopted unanimously, expressed Ms. Mrak. As a result Slovenia declared that the minimum age at which it would permit voluntary recruitment into its national armed forces was 18. The minimum age was applied equally to men and women. By phasing out the recruitment system and introducing professional military service, service in the contractual reserve forces and the national armed forces was now voluntary and regulated by the contract between the two parties. The Service in the Slovene Army Act, which entered into force on 14 August 2007, provided that a person below the age of 18 may perform neither military service nor any other work in the army. The provision, which was one of the basic principles of performing military service in peace or during a state of emergency or war, prevented any inclusion of citizens aged below 18 years in the armed forces. Slovenia was committed to prosecuting and punishing the recruitment of child soldiers through the penal offences for recruiting children younger than 18 in the Criminal Code.
Slovenia did not have special legal provisions and programmes in the case of a minor applying for international protection as a victim of recruitment or being used in hostilities, explained Ms. Mrak. In these cases, a minor would be included in the programmes established by the inter-ministerial working group on carrying out standard operating procedures for preventing and taking measures in cases of gender-based and sexual violence. This working group was under the competency of the Ministry of the Interior.
Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict
LOTHER FRIEDRICH KRAPPMANN, the Committee Expert serving as Rapporteur for the report of Slovenia on the involvement of children in armed conflict, said the Committee welcomed the unanimous adoption of the Optional Protocol on the involvement of children in armed conflict by the National Assembly in 2004 and took note of the information that international treaties, which were ratified and published, were applied directly. The Committee also noted with appreciation Slovenia’s efforts to prevent conflicts, to support civilians affected by war and to protect the rights of the child under the Convention and under the Optional Protocols.
The State party’s report explained that the armed forces of Slovenia, which once were based on compulsory recruitment, were in a process of transition and were on the way to be a professional army, which would completely consist of men and women who had voluntarily decided to do military service. This minimum age of entry into the armed forces was and would be 18 years, observed Mr. Krappmann. As indicated in the report, the former Military Service Act made possible to reintroduce compulsory conscription when a state of war or emergency was proclaimed. In this case conscripts may enter the armed forces in the year they turn 18, which meant even before their 18th birthday, if a 17 year old voluntarily requested so. The Committee commended Slovenia for eliminating this clause and thanked the delegation for reconfirming that recruitment of children under the age of 18 year old was now prohibited at any time.
Mr. Krappmann asked if the Government was considering criminalizing the mere recruitment of children under the age of 18 year old, although the Optional Protocol did not forbid such voluntary recruitment. He noted that article 14 (on respecting the rights of children to freedom of thought, conscience and religion) of the Convention did not hinder any provisions of State parties, which were more conducive to the realization of the rights of the child than those of the Convention.
On refugees and asylum-seeking children, Mr. Krappmann noted that although a lot of information was given on refugee and asylum-seeking children, he had to raise the issue. Among these children, there may be children affected by armed conflicts. Slovenia affirmed, however, that no such children were identified among these children in recent years. In the reply to question 5 of the list of issues the Committee was informed that in the case that such a child would be detected, this child would be cared for by a standard procedure established for cases of gender-based violence and this was confirmed in the presentation of the report this morning. This looked like a stopgap measure. He concluded that Slovenia did not expect to deal with children affected by armed conflicts. In the report it was stated, however, that teachers involved in psychosocial assistance programmes had encountered this issue “indirectly”. He asked the delegation to explain what “indirectly” meant?
There were reports that a number of children were repelled at the border, before they were able to enter the procedure, in which reasons of their flight and their status as refugee may be determined, asked Mr. Krappmann. These reports also noted that claims were not dealt with in an individualized manner, but were quickly declared to be unfounded. Furthermore, these reports indicated that the statistics about unaccompanied children were based on those children only which managed to enter the status determination procedure, and did not include the many, who were rejected at the border without consideration of their claim. It certainly was difficult to find out whether a child was a victim of armed conflict, stressed Mr. Krappmann. The procedure had to be child sensitive and trustful. The written replies referred to an organization in charge of such examinations, which, however, seemed to be specialized on trafficking.
Mr. Krappmann asked if the Government was sure that it gave refugee children, in particular unaccompanied children, a fair chance to submit their claims. Were the examination procedures sensitive to the situation of children from conflict-affected areas? Information was provided by the delegation about the new rules for guaranteeing the rights of applicants, he noted, and asked did they help to do justice to the individual situation of children asking for refugee status?
Committee Experts also raised a number of questions on, among other things, the role of the ombudsman in monitoring the implementation of the Optional Protocols and within the armed forces; on war crimes or acts constituting war crimes, had there been any such cases involving children which took place outside the territory of the State party? On the sale of arms, either manufactured or through areas where children were involved in armed conflicts, what was the State party’s policy on the sale of arms in such situations? With respect to prevention and education, what had been done in Slovenia with regard to educational prevention methods, and could examples be provided? Did children know about the Optional Protocol on the involvement of children in armed conflict, was this included in the school curricula? In the training of military personnel, were they trained specifically on this Optional Protocol, as they would no doubt encounter children in peacekeeping missions and how would they handle such situations?
Response by Delegation
On the issue of recruitment of children in armed conflict, the delegation said that the Constitution stipulated that all international obligations were directly applicable in national legislation. Slovenia did not have a policy of conscription and was based on professional recruits, whether there was a state of emergency or a state of war, in neither case were persons who were under age be included or involved in the defence of the country or be sent elsewhere to do so. A person who was under age could not be recruited or employed in the armed forces. Individuals were able to participate in the army on a voluntary basis if they were at least 18 years of age.
With regard to the Rome Statute and the criminalization of criminal acts committed outside the territory of Slovenia, the delegation explained that Article 13 stipulated that Slovenia had jurisdiction if the criminal act was committed outside the territory and if the victim was a national. The penal code applied to foreign nationals who committed an offence against another foreign national in a third country only if that person was apprehended by Slovenian officials.
Concerning asylum seekers and foreign nationals, the delegation said that all children entering the country were given a care taker appointed from a specialized non-governmental organization to explain to the child the possibilities open to them and to provide other forms of protection for them. Through this mechanism and through psychosocial assistance, authorities attempted to identify potential victims of armed conflict. If a case was found the Inter-Ministerial Working Group would review such cases. Unaccompanied children were given particular care. Procedures were adapted to their age and needs on a case-by-case basis. For 2009 the Government was focused on these children in particular, to assure the meeting of the special needs of this group of children.
On the use of the word “indirectly”, the delegation stressed that what was meant here referred to cases that were identified abroad as the psychosocial assistance institution in Slovenia also worked with other countries on such issues. Therefore, Slovenia came into contact “indirectly” on those cases taking place outside the country.
A modernized curriculum was adopted into schools in Slovenia, which now included the Convention and its Optional Protocols, said the delegation. Teachers were also trained in the field of human rights. The new curriculum, therefore, systematically improved awareness of human rights for children and teachers as well as the Convention.
Responding to questions about children found at the borders of the State party, the delegation said that Slovenia had bilateral agreements with certain neighbouring countries concerning the return of children, which meant that Slovenia would reject entry of children from countries in which it had this agreement with.
With regard to the question on the role of the Ombudsman, the delegation explained that the Human Rights Ombudsman had the right to request information on cases in the armed forces. The Ombudsman was the last instance for complaints, but did not have executive functions.
Slovenia did not sell arms to countries involving children in armed conflict, said the delegation. The armed forces did not have a system of outsourcing; security and protection in the Slovenian army was only conducted by professional men and women. Further, peace and peacekeeping linked to issues of security and defence were gaining importance and were included in the curriculum for members of the armed forces.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
MOUSHIRA KHATTAB, the Committee Expert serving as Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, said that as a general observation she noticed that there was more information in the written replies and presentation of the report on trafficking while the Optional Protocol dealt specifically with exploitation of children through sale, prostitution and pornography. For example, number one of the Committee’s list of issues asked for data on the number of reported cases of sale, prostitution and pornography and the answer in the written replies were mostly on trafficking except for the case of a father who was accused of selling his daughter under the guise of marriage. The same applied to other questions raised by the Committee in its list of issues concerning child prostitution, plan of action, prevention, prosecution of offences though the delegation mentioned enslavement and exploitation in prostitution; the same applied to assistance to victims and where the State party’s answer on available research on the crimes covered by the Optional Protocol on the sale of children, child prostitution and child pornography was again focused on trafficking. For example, she further explained that the State party’s answer on the definition of sale of children indicated that it fell under trafficking; which in her view hid certain forms of sale that may not qualify as trafficking such as early marriage or child labour for instance. In addition, in the State party’s report and written replies the State party where it referred to measures implemented, everything mentioned referred to trafficking and not to other crimes covered under the Optional Protocol on the sale of children, child prostitution and child pornography. Therefore, she asked for measures taken in such areas that dealt with offences covered by the Optional Protocol on the sale of children, child prostitution and child pornography.
Ms. Khattab asked the delegation if the Government had conducted any recent research on crimes covered by the Optional Protocol on the sale of children, child prostitution and child pornography and not only trafficking; were there steps taken to ensure that data was disaggregated by inter-alia, sex, age and rural and urban areas? Most of the measures mentioned in the written replies were envisaged; she asked what had been implemented so far and what were some of the obstacles faced during the implementation? In the written replies it was not clear whether minors were treated as victims or as perpetrators?
On dissemination of the Optional Protocol, Ms. Khattab asked if Slovenia took steps to incorporate the Optional Protocol into educational curriculum and activities at all levels? On training, it was mentioned that there was a plan to train judges; had this already taken place, she asked? Was there a plan for further training activities; was there an agenda for such training activities; and had a budget been allocated for such training to take place?
With the implementation of the Child Help Line (TOM- Children and Youth Telephone), Ms. Khattab asked if this protective measures was working 24-hours, nationally available and free of charge? Further, who funded it and how did victims know about it; how was follow-up conducted on complaints received and what languages were used by it? How were potential victims identified? As in the case of unaccompanied asylum seekers; how did the Government ensure that they would not be criminalized for crimes that they may have been victims of? Was it true that in judicial proceedings only children who were 16 years old and older could give their views? On the rules regarding the deportation and repatriation of children trafficked to Slovenia for the purpose of sale or prostitution, in a country that was mostly a transit country it was surprising that there was no data on such cases, and as such Ms. Khattab asked the delegation if it could explain why?
ROSA MARIA ORTIZ, Committee Expert serving as Co-Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, said the Committee emphasized the importance of general measures to implement its provisions and its Optional Protocols, the identification of stakeholders and their duties, as well as, budgetary implications, the media’s role, national institutions, among other things. There was no indication made to the coordinating body for the monitoring and implementation of this protocol. It was important for the Committee that the State party do so. On the plan of action, it was important for the Committee that the State party identify a plan of action for this specific protocol, whether it was a part of another plan of action or on its own.
On the 2008 plan of action, Ms. Oritz asked if this plan included all cases of sale of children as defined in the Optional Protocol. Such a plan should set up objectives and clearly identify targets and the parties responsible for implementation. She also asked if the ombudsman office had sufficient independence and knowledge on the rights of the child to address these issues; was it accessible to boys and girls?
On prevention and protection measures, Ms. Oritz asked how did the most marginalized groups of children, such as Roma, children born in Slovenia without nationality and refugees or non accompanied asylum seekers work with the state apparatus and civil society to ensure non-discrimination and full integration into society?
Experts raised questions on, among other things, how many hotlines were accessible to boys and girls? What mechanism was set-up to monitor the Optional Protocol on the sale of children, child prostitution and child pornography? Who was the competent officer in charge to handle the victim? As soon as the child was brought into custody what services were available to the victim? What were the push and pull factors with respect to the sale of children, child prostitution and child pornography? Who was the legal representative of the victim in court proceedings? Who took the responsibility to deal with the negative effects of court proceedings on the child victim? Who had the responsibility to deal with social reintegration strategies and what did that entail? On extradition how did the Slovenian law function within European law on extraditions? When minors were suspected of criminal offences contained in the Protocol, how did the procedure function? How were non-governmental organizations financed to provide psychosocial services, and how was their work providing victim assistance monitored?
Response by Delegation
Responding to Experts' questions, the delegation said the 2003 inter-ministerial group was composed of members of various ministries and non-governmental organizations. The group was responsible for awareness, dissemination, and assistance activities; it carried out a coordinating role between the ministries and non-governmental organizations responsible for implementing and monitoring such programmes. The group was also responsible for developing action programmes. The VIOLET project was aimed at awareness raising for young people on trafficking in human beings. The Government also conducted seminars and cooperation with the United Nations Children’s Fund and published information pamphlets in this context. In its action plan for 2007, the inter-ministerial group earmarked 109,600 euros for children prevention and protection programmes.
With regard to crimes covered by the Optional Protocol, the delegation explained that the law in Slovenia considered the abduction of a child as a criminal offence. The new criminal code provided for the prosecution of such acts and included an aggravating factor if the offence resulted in serious consequences for the victim, such as having a psychological impact. Furthermore, the mere possession of pornographic material was incriminated in the new criminal code of 2008, without any intent necessary.
Up until 2003 the Slovenian Constitution forbad the extradition of Slovenian nationals, said the delegation. However, with the recent amendments to the Constitution it was now stipulated that a national of Slovenia could be extradited if that act was subject to international obligations. Furthermore, if the person was already imprisoned for the act which was committed, the request for extradition could be rejected.
The Human Rights Ombudsman was an independent institution, said the delegation. It had all the necessary knowledge and resources to deal with children and adults. The Government was considering to set-up a separate children’s right ombudsman institution; however, with a population of over 2 million it was hard to justify creating a separate office for children.
On the inclusion of the definition of the sale of children, child prostitution and child pornography into the definition of trafficking in human beings in Slovenia, the delegation said that, whoever participated in the exploitation of another person for prostitution or any related exploitation was punishable under article 185 of the criminal code.
Responding to the question raised on whether the contents of the Optional Protocol were included in the curricula as well as out of school activities, the delegation said that the homeland education, history and science activities in elementary and primary schools were carried out related to the Protocol. There was no specific subject entitled Optional Protocol, or children’s rights education.
With regard to the type of training provided for social workers and teachers with respect to preventative measures, the delegation explained that teachers were involved in the implementation of projects, and obtained different materials from seminars on education and training of human rights; they took part in professional conferences and interacted with experts from different fields of work. The “Education for Gender Equality” programme gave teachers an opportunity to learn how to deal with stereotypes, sexual violence and prostitution.
On implementation of education and training policies devoted to vulnerable groups, the delegation said that they were aware of the susceptibility of vulnerable groups such as the Roma, and had adopted an act for that group specifically.
On monitoring, the delegation said among other things, a consumer protection organization monitored what was happening in the media, as well as universities through an awareness raising Internet site called “Web Eye” that was responsible for monitoring the use of the internet. There were several solutions for filtering content on the Internet, many Slovenian web browsers filtered Internet sites and blocked non-suitable Internet sites for under age users. The Government did not block pornographic content. Many institutions were actively involved in awareness raising for parents, children and experts. In 2008, intensive training was organized for 3,000 teachers and they passed on the information to parents; this was one of the most important tools to help inform parents about harmful content on the Internet. Non-governmental organizations were extremely helpful in the dissemination of information in this regard. As of 2008, 350 pieces of information, of which 10 cases were such where it was established that a criminal deed had been perpetrated by a Slovenian national who was in possession of such material. The other cases involved information coming from other countries. Slovenia did not have bilateral agreements with other countries regarding information on the internet. Further, if a child aged 15 years saw pornographic material this was not considered a criminal act and therefore would not be punishable under the criminal code.
On police procedures and acquisition of evidence, the delegation explained that once the police handed a file over to the prosecutor’s office and reasonable suspicion was found (which was grounds for prosecution) then an investigation on that basis would be initiated and an indictment would be made, following which court procedures would take place.
Children were informed about the helpline through brochures distributed in schools. In addition, the delegation said there were also crisis centres where children could go to seek refuge. These initiatives were co-financed by the Government through the Ministry of Labour, Family and Social Affairs.
Concerning the training of staff in the judicial system, the delegation noted that there was ongoing training for judges and staff members. The justice educational centre would be dealing with the contents covered in the Optional Protocol and trafficking in human beings.
On whether 16 year olds could or could not be prosecuted, the delegation said that in a criminal proceeding minors had different positions, i.e. victims or witnesses, and the age limit was stipulated only for procedural statements. However, it was important to note that minors who were victims in criminal proceedings were provided with special protection.
Realistic depictions were also criminalized, said the delegation. However, there had not been any cases reported. Changes occurred in legislation, but now people were more sensitive to such matters and complaints were in fact received.
The Deputy Ombudsman visited schools which established direct contact with the population. Concerning the Children’s Right Advocate-The Voice of the Child, which was headed by the inter-ministerial working group in cooperation with the Deputy Ombudsman, the delegation explained that new legislation was being established to clearly define the role of children’s right advocates to ensure that the child’s voice was heard. It aimed to have this person be capable of responding to the specific needs of the child.
Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
Other questions raised by Experts were on, among other things, the criminalization of the sale of the child; was the sale of a child by their guardians to another person covered under the criminal code in Slovenia? Were children aged 16 years of age prosecuted in criminal proceedings involving the sale, prostitution or pornography? Did the State party take action and block Internet sites related to pornography and did it have any agreements with other countries in this regard? For parents who did not use the Internet how was it ensured that they received the necessary information about how to protect their children from non-suitable content? How did the media and advertising agencies adapt to the new changes in the Penal Code?
Preliminary Concluding Observations
In preliminary concluding observations and recommendations, Committee Expert LOTHER FRIEDRICH KRAPPMANN, Rapporteur for the report of Slovenia on the Optional Protocol on children in armed conflict, said that an informative and easy dialogue was held in the morning and thanked the delegation for all the information given and for their reactions to the questions posed by the Committee. Slovenia’s commitment was praised and he welcomed the national and international involvement. This was really helpful for the implementation of the Protocol in the country and beyond the country. There were no under-18 year olds in the army neither for military purpose or other duties, which was welcomed and the Committee hoped this would serve as a model for others. The Committee would like to see the new articles 102 and 106 of the Penal Code as it had been explained that there was a revision of the Penal Code. The Committee would like to look at the sources and ensure an English translation. The Committee would carefully consider what they heard with respect to the preparations taken to deal with cases of children entering the country from abroad.
In additional preliminary observations, Committee Expert MOUSHIRA KHATTAB, Rapporteur for the report of Slovenia on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the very thorough answers provided and that the ambassador himself specifically who stayed on all day, where others would stay for only a short period of time. This reinforced Slovenia’s commitment to implementing the Optional Protocols. She commended Slovenia for the work done to ensure protection for children. However the Committee remained concerned about protection for vulnerable groups. The Committee would flag the issue involving any sale of children or prostitution. She said that these children were not perpetrators but rather victims. Further, she expressed that the Committee would request that Slovenia set up an ombudsman specifically for children. Though she could not completely comment on concluding observations as the entire Committee would deliberate on that at a later time, but focus would be paid to rehabilitation and prohibition policies as well as the children’s helpline. She thanked the delegation for the fruitful dialogue and looked forward to continue this work with them
ANJA KOPAC MRAK, State Secretary, Ministry of Labour, Family and Social Affairs of Slovenia, in closing remarks, commended the Committee and the United Nations system for everything they did to promote children’s rights. She thanked the Committee for the fruitful discussion which contributed to further their practices and improve those practices to ensure the best possible protection for children.
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