I. Historical Background
When Slovenia belonged to the Habsburg Empire, Catholicism was the state religion. After the Second World War, the Catholic Church was antagonised by the regime of the Socialist Federal Republic of Yugoslavia (SFRY). The relations between State and the Catholic Church did not improve until 1966, when the SFRY and the Holy See re-established diplomatic traffic. Nevertheless the SFRY oppressed the Catholic Church by covert rules, because the Church was seen as a “permanent inner enemy”. Consequently, the Catholic Church and other religious communities were not allowed to participate in public life, although the Constitution guaranteed the freedom of religion. Therefore and because of the prohibition of private schools, it was impossible to educate children in religious themes. Atheism was taught at public schools and became the leading ideology for at least 50 years.
II. Social Facts
According to the last census, 57.8% of the Slovenians belong to the Roman-Catholic Church. Believers or followers of other religious communities, such as Muslims or Protestants are underrepresented with less than 5% of two million inhabitants. About 10% declared to be atheist and more than 20 % denied the response or the response was not known.
III. Basic Categories of the System
The separation of State and Church is the basic concept of the system which is guaranteed in Art.7 of the Constitution. It means that the State keeps out of any religious subject and stays neutral, so that any discrimination or privilege for members of a religious community is prohibited. But the right of self-determination is not the only effect of the separation between State and Church. Furthermore public life is constructed in a secular mode that is expressed by the obligation to respect the Constitution and the general law. Every individual has the right to be part of any religious community or to abstain from it.
IV. Cultural and societal exercise of functions
The Act on the Organization and Financing of Child Rearing and Education rules the Church’s position in the Slovenian education system. The main idea is the separation between public and private educational institutions. Private education is accepted as long as it achieves public standards. Public institutions have to be neutral concerning religious subjects. Indeed, religious acts are allowed at private schools, but they have to take place extra-curricular. The Education Act prohibits public schools religious lessons which aim at educating children to follow a particular religion. That means it is not allowed to hold lessons where any religious community gives specifications on the content of the syllabus, textbooks, educational criteria of teachers, and the suitability of a particular teacher for teaching, and finally the organization of religious oberservances. Schools are obliged to provide non-religious lessons on religion and ethics, though.
Religious communities have the right to publish newspapers concerning religious matters. Television reports are only allowed if the respective religious community agrees. Generally TV stations have to preserve religious neutrality.
V. Legal foundations
There are three basic principles concerning religious communities in Slovenia, which are founded in Art. 7 of the Constitution: the strict separation of State and Church, the equality of all religious communities and the freedom of action of all the religious communities, as long as they keep within the boundaries of the legal system.
Art.41 of the Slovenian Constitution guarantees the freedom of religion and conscience, including the right to confess this belief in public. This article is not limited to religious convictions, it also relates to matters of ethical and philosophic topics. Furthermore it assures the right to the participation or even non-participation of any religious belief. Moreover, parents have the right to determine their children’s religion and to educate them according to their convictions.
The freedom of religion and conscience is under the protection of Art. 16. It determines that this freedom cannot be suspended under any circumstances.
Art.46 of the Constitution entitles the individual to disobey military obligations due to his or her convictions. Furthermore, medics can refuse the realisation of an operation, if it contradicts their conscience or ethical rules.
Discrimination or intolerance is prohibited by Art.63 and 14.