Page 47 - S. Ličen, I. Karnjuš, & M. Prosen (Eds.). (2019). Women, migrations and health: Ensuring transcultural healthcare. Koper, University of Primorska Press.
P. 47
Reproductive Health of Migrant Women in Slovenia: State of the Art
individual national legislation.² Slovenia is a signatory of the main human
rights documents (e.g. International Bill of Human Rights, Convention on the
Rights of the Child, Convention on the Elimination of All Forms of Discrimina-
tion Against Women), through which it commits to ensure the right to repro-
ductive health, as a part of the right to health. As an EU Member State, Slove-
nia is also obliged to respect documents concerning the area of reproductive
health that were produced by the European Union (e.g. Charter of Funda-
mental Rights of the European Union, Health 2020: A European Policy Frame-
work Supporting Action Across Government and Society for Health and Well-
Being, EU Guidelines on Violence against Women and Girls and Combating
all Forms of Discrimination against Them), although primary responsibility
for regulating these rights lies with the country itself, which is to some ex-
tent independent in establishing its own (reproductive health) system.
In Slovenia access to public health services depends on an individual’s
compulsory health insurance, which is financed mainly by taxes, but does
not cover all treatment costs. According to national legislation, i.e. Health
Care and Health Insurance Act,³ full-coverage healthcare insurance is en-
sured for systematic and other preventive examinations of underaged chil-
dren, pupils, students up to 26 years old, women in relation to pregnancy and
other adult persons with certain health conditions (Article 23). The main legal
documents regulating healthcare in Slovenia are the Constitution of the Re-
public of Slovenia,⁴ Health Service Act (1992), Patients’ Rights Act,⁵ and Health
Care and Health Insurance Act. It is important to mention that the Constitu-
tion of the Republic of Slovenia does not explicitly provide the right to health
but foresees the right to health insurance (Article 50), healthcare (Article 51)
and a healthy living environment (Article 75). According to the Constitution,
all rights related to health are realized in accordance with the law that can
set the conditions for carrying and exercising these rights.
According to legislation, migrants’ entitlements to health services depend
on their legal status: migrants with legal status are covered by the same
healthcare system as citizens. Articles 15 and 20 of the Health Care and Health
Insurance Act define on what grounds an individual is insured, the main cri-
terion being employment in the Republic of Slovenia. Concerning underage
² All quoted laws, rules and guidelines are translated by the authors, because official English
language translations are not available.
³ Zakon o zdravstvenem varstvu in zdravstvenem zavarovanju, see http://www.pisrs.si/Pis.web/
pregledPredpisa?id=ZAKO213.
⁴ Ustava Republike Slovenije, see http://www.pisrs.si/Pis.web/pregledPredpisa?id=USTA1.
⁵ Zakon o pacientovih pravicah, see http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4281.
45
individual national legislation.² Slovenia is a signatory of the main human
rights documents (e.g. International Bill of Human Rights, Convention on the
Rights of the Child, Convention on the Elimination of All Forms of Discrimina-
tion Against Women), through which it commits to ensure the right to repro-
ductive health, as a part of the right to health. As an EU Member State, Slove-
nia is also obliged to respect documents concerning the area of reproductive
health that were produced by the European Union (e.g. Charter of Funda-
mental Rights of the European Union, Health 2020: A European Policy Frame-
work Supporting Action Across Government and Society for Health and Well-
Being, EU Guidelines on Violence against Women and Girls and Combating
all Forms of Discrimination against Them), although primary responsibility
for regulating these rights lies with the country itself, which is to some ex-
tent independent in establishing its own (reproductive health) system.
In Slovenia access to public health services depends on an individual’s
compulsory health insurance, which is financed mainly by taxes, but does
not cover all treatment costs. According to national legislation, i.e. Health
Care and Health Insurance Act,³ full-coverage healthcare insurance is en-
sured for systematic and other preventive examinations of underaged chil-
dren, pupils, students up to 26 years old, women in relation to pregnancy and
other adult persons with certain health conditions (Article 23). The main legal
documents regulating healthcare in Slovenia are the Constitution of the Re-
public of Slovenia,⁴ Health Service Act (1992), Patients’ Rights Act,⁵ and Health
Care and Health Insurance Act. It is important to mention that the Constitu-
tion of the Republic of Slovenia does not explicitly provide the right to health
but foresees the right to health insurance (Article 50), healthcare (Article 51)
and a healthy living environment (Article 75). According to the Constitution,
all rights related to health are realized in accordance with the law that can
set the conditions for carrying and exercising these rights.
According to legislation, migrants’ entitlements to health services depend
on their legal status: migrants with legal status are covered by the same
healthcare system as citizens. Articles 15 and 20 of the Health Care and Health
Insurance Act define on what grounds an individual is insured, the main cri-
terion being employment in the Republic of Slovenia. Concerning underage
² All quoted laws, rules and guidelines are translated by the authors, because official English
language translations are not available.
³ Zakon o zdravstvenem varstvu in zdravstvenem zavarovanju, see http://www.pisrs.si/Pis.web/
pregledPredpisa?id=ZAKO213.
⁴ Ustava Republike Slovenije, see http://www.pisrs.si/Pis.web/pregledPredpisa?id=USTA1.
⁵ Zakon o pacientovih pravicah, see http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4281.
45
