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Education is a Constitutional Right in Slovenia!

September 18, 2019


Živjo! Heather Travar tukaj. Your Slovenian citizen diplomat today we’re discussing how Slovenia treats its immigrant children in regard to education now to do this because I’m an attorney I think we need to start with the basic document that all the laws flow from and that is the constitution of Slovenia in the next video I discuss how they actually implement what these theories are in the Constitution we’ll start here with the basic Charter then look at some articles in the Constitution I’ll place the link in the comments below however know that if you will just google official National Assembly translation constitutional Slovenia you should find a PDF that will be in a format that is much much easier to read than what you’re looking at on the screen right here and by the way this is actually an unofficial translation but as best I can tell for the relevant sections it’s the same but you can’t easily get the official translation in a PDF so we start with a basic Charter we look at article 3 and it states that the Republic of Slovenia guarantees the protection of human rights and fundamental freedoms to all persons in the territory of the Republic of Slovenia irrespective of their national origin without any discrimination whatsoever that’s a pretty strong statement it makes me think a lot of our due process clause the problem with our due process clause in the United States Constitution is that it wasn’t really clear if it applied to everyone who was physically in the US or if it just applied to u.s. citizens eventually the Supreme Court decided it applied to everyone but this is a problem I see often with our Constitution first and foremost we talk about government operations secondly we talk about some rights and third we really dance around who gets those rights is it men is it all men is it only white men is it white men black men or women included we’re not really sure we know for example that in the 60s we had to determine if black children could get the same education as white children we weren’t really sure about that in our constitution because in fact in our constitution we don’t guarantee education at all so the Supreme Court had to step in again and I think this is a major flaw in the United States Constitution that things that are not spelled out that should be spelled out we refer to the US Constitution as a living document but this means we have to do a lot of reinterpretation and perhaps this is a good time to take a cue from Slovenia and learn to just spell it out so let’s see they’ve spelled it out here they said that if you’re in the territory of the Republic of Slovenia you’re guaranteed human rights and fundamental freedoms now I think that this paragraph is specifically targeting the Hungarians and Italians who are in Slovenia who are not descendants of migrants who have been there for ages knowing that Yugoslavia was a much bigger territory wants Slovenia itself used to be twice its size it used to have part of Italy Austria Hungary and Croatia but that land was taken from them after World War two so I think that this is really getting at that population and making sure that population is protected but it doesn’t say only that population it says it guarantees the human rights and fundamental freedoms to all persons in the territory that’s pretty strong we don’t say that in our US Constitution this is really strong language now let’s go to the Constitution itself let’s go to section 2 human rights and fundamental freedoms article 14 in Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin race sex language religion political other conviction material standing birth education social status disability or any other personal circumstance I believe disability was taken out in the official translation but any other personal circumstance seems to pretty much sum it up all are equal before the law let’s emphasize that all are equal before the law that’s a big statement that’s not a statement that we have and are you Constitution we have to interpret that we have to interpret a lot of our Constitution for example and the Slovenian Constitution as an aside they specify your right to privacy our Constitution does not our Supreme Court had to step in and say well it’s such an underpinning of our Constitution it’s so important the right to privacy that we don’t even set bail it out we think that it’s just understood well Slovenia doesn’t assume anything they just say it and here they say all are equal before the law and my understanding of the word all means all no exceptions so let’s go on and see what else we have article 48 Asylum now the reason I bring this up is that even though Slovenia is a very small country it did have its share of refugees coming through in fact I am one sitting near the Croatian border there were Syrian immigrants a couple of years ago walking down the railroad tracks and the best place to house them was in a warehouse that was the only place big enough to hold everyone the church right across the railroad tracks helped out as best they can and they did what they could until the refugees moved on although Slovenia did offer to keep the refugees give them what they needed they decided to move forward to Germany but others choose to stay and this is why education of immigrant children has become a big issue so let’s back up though first and look at article 48 Asylum weather in the limits of the law the right of asylum shall be recognized to foreign nationals and stateless persons who are subject to persecution for the commitment to human rights and fundamental freedoms so asylum is not illegal seeking asylum or refugee status is not illegal I believe a lot of people here think in the u.s. that it’s illegal it’s not you need to go through the proper channels which maybe you’re fleeing for your life and you’re crossing a port of entry and you say hey I’m here to apply for asylum but even if you come in through a non port of entry you may still be able to apply for asylum in the US because sometimes people are traffic din here they don’t have any choice they don’t come voluntarily so understand that seeking asylum as a refugee or someone who’s already in the u.s. seeking asylum status is not illegal Slovenia has said it’s not illegal and in fact our countries have obligations internationally to help people to accept a minimum number of refugees and asylum seekers so let’s go on and look at article 56 rights of children remember if we go back to the article 14 statement that everyone is protected if we go back to the basic Charter statement in article 3 everyone is protected and I said and my understanding all means all there are no exceptions so rights of children children shall enjoy special protection and care children shall enjoy human rights and fundamental freedoms consistent with their age and maturity children shall be guaranteed for special protection from economic social physical mental or other exploitation and abuse such protection shall be regulated by law so we dip on down to article 57 on education in schooling freedom of education shall be guaranteed primary education is compulsory in shall be financed from public funds the state shall create up the opportunities for citizens to obtain a proper education so what we have learned is that if you’re a human being in Slovenia you’re guaranteed human rights if your child in Slovenia and you’re a citizen you’re guaranteed the right to education now this is not the same as saying that if you’re the child of a foreign national the child of a person who’s working in Slovenia the child of a person who is a permanent resident Slovenia that you have the right to education it says citizens so in the next video we will get to non-citizens but for now what I want you to take away from this is that if you’re a human being in Slovenia their Constitution says you should be treated like a human being that’s what I want you to take away from this this is applicable to so many other things but in particular education until next time I do

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