Disparate Impact of Indirect Discrimination in the Law of the European Union and the Council of Europe and in Slovenian Case Law

Indirect discrimination is a specific and complex form of unlawful discrimination, prohibited by EU law and national law. While this concept is fairly developed in European, international and American law, this is not the case in Slovenia. This is evident from insufficient and underdeveloped case law in this field as well as the lack of legal literature. In Slovenian law indirect discrimination is mentioned in several legal acts. Theoretical discussions on indirect discrimination are non-existent, and there are only a few case studies of concrete instances of indirect discrimination available. In certain cases, courts have even wrongfully interpreted indirect discrimination. To some extent this is a consequence of the insufficient theoretical debate, the absence of this topic from judicial or legal training as well as the general attitude towards anti-discrimination policy-making that, at all levels of state structures, hardly addresses issues of discrimination and its prevention. The purpose of this article is to fill this gap, affirm the concept of indirect discrimination in the Slovenian legal context and clarify the specificities of this concept in comparison with direct discrimination and other forms of unlawful differential treatment.