Costituzione 23 dicembre 1991

Republic of Slovenia. Costituzione, 23 dicembre 1991.

(Omissis)

Article 5 (State Objectives)

(1) In its own territory, the state shall protect human rights and fundamental freedoms. It shall protect and guarantee the rights of the autochthonous Italian and Hungarian national communities. It shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland. It shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in Slovenia.
(2) Slovenes not holding Slovene citizenship may enjoy special rights and privileges in Slovenia. The nature and extent of such rights and privileges shall be regulated by law.

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Art. 7 (Secularity)

1. The State and religious communities shall be separate.
2. Religious communities shall enjoy equal rights; they shall pursue their activities freely.

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Part II – Human Rights and Fundamental Freedoms

Article 14 (Equality before the Law)

(1) In Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other conviction, material standing, birth, education, social status, disability or any other personal circumstance.
(2) All are equal before the law.

Article 15 (Exercise and Limitation of Rights)

(1) Human rights and fundamental freedoms shall be exercised directly on the basis of the Constitution.
(2) The manner in which human rights and fundamental freedoms are exercised may be regulated by law whenever the Constitution so provides or where this is necessary due to the particular nature of an individual right or freedom.
(3) Human rights and fundamental freedoms shall be limited only by the rights of others and in such cases as are provided by this Constitution.
(4) Judicial protection of human rights and fundamental freedoms, and the right to obtain redress for the violation of such rights and freedoms, shall be guaranteed.
(5) No human right or fundamental freedom regulated by legal acts in force in Slovenia may be restricted on the grounds that this Constitution does not recognise that right or freedom or recognises it to a lesser extent.

Article 16 (Temporary Suspension and Restriction of Rights)

(1) Human rights and fundamental freedoms provided by this Constitution may exceptionally be temporarily suspended or restricted during a war and state of emergency. Human rights and fundamental freedoms may be suspended or restricted only for the duration of the war or state of emergency, but only to the extent required by such circumstances and inasmuch as the measures adopted do not create inequality based solely on race, national origin, sex, language, religion, political or other conviction, material standing, birth, education, social status or any other personal circumstance.
(2) The provision of the preceding paragraph does not allow any temporary suspension or restriction of the rights provided by Articles 17, 18, 21, 27, 28, 29 and 41.

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Article 22 (Equal Protection of Rights)

Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities and bearers of public authority that decide on his rights, duties or legal interests.

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Article 38 (Protection of Personal Data)

(1) The protection of personal data shall be guaranteed. The use of personal data contrary to the purpose for which it was collected is prohibited.
(2) The collection, processing, designated use, supervision and protection of the confidentiality of personal data shall be provided by law.
(3) Everyone has the right of access to the collected personal data that relates to him and the right to judicial protection in the event of any abuse of such data.

Article 39 (Freedom of Expression)

(1) Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed. Everyone may freely collect, receive and disseminate information and opinions.
(2) Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law.

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Article 41 (Freedom of Conscience)

(1) Religious and other beliefs may be freely professed in private and public life.
(2) No one shall be obliged to declare his religious or other beliefs.
(3) Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with their free conscience and religious and other beliefs or convictions.

Article 42 (Right of Assembly and Association)

(1) The right of peaceful assembly and public meeting shall be guaranteed.
(2) Everyone has the right to freedom of association with others.
(3) Legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases.
(4) Professional members of the defence forces and the police may not be members of political parties.

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Article 46 (Right to Conscientious Objection)

Conscientious objection shall be permissible in cases provided by law where this does not limit the rights and freedoms of others.

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Article 53 (Marriage and the Family)

(1) Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.
(2) Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law.
(3) The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.

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Article 57 (Education and Schooling)

(1) Freedom of education shall be guaranteed.
(2) Primary education is compulsory and shall be financed from public funds.
(3) The state shall create the opportunities for citizens to obtain a proper education.

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Article 63 (Prohibition of Incitement to Discrimination and Intolerance and Prohibition of Incitement to Violence and War)

(1) Any incitement to national, racial, religious or other discrimination, and the inflaming of national, racial, religious or other hatred and intolerance are unconstitutional.
(2) Any incitement to violence and war is unconstitutional.

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Part III – Economic and Social Relations

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Article 73 (Protection of Natural and Cultural Heritage)

(1) Everyone is obliged in accordance with the law to protect natural sites of special interest, rarities and cultural monuments.
(2) The state and local communities shall promote the preservation of the natural and cultural heritage.

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Part IV – Organisation of the State
Section E National Defence

Article 123 (Duty to Participate in the National Defence)
(1) Participation in the national defence is compulsory for citizens within the limits and in the manner provided by law.
(2) Citizens who for their religious, philosophical or humanitarian convictions are not willing to perform military duties, must be given the opportunity to participate in the national defence in some other manner.

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