The Advocate of Principle of Equality received an open letter from the Slovenian Hospitality and Tourism Industry Union complaining that the employees who had not yet been vaccinated for a variety of reasons are presumably discriminated against in various areas. Based on this the Advocate carried out an assessment of the discriminatory character of the Ordinance Temporarily Prohibiting the Offering and Sale Goods and Services to Consumer in the Republic of Slovenia and the Decree on the Implementation of Screening Programs for the Early Detection of SARS-CoV-2 Virus Infection.
The Advocate assessed that vaccination is not similar to sex, age, race, or any other personal circumstance according to its definition as either inherent or acquired personal characteristics, features, conditions, or statuses, which, as a rule, are either permanently and inalienably linked to a particular individual and their personality, in particular, their identity; or cannot easily be changed by the individual. The decision of whether or not to get vaccinated is a personal choice so the Advocate cannot broadly consider it as other personal circumstance. Possible exceptions could be persons who are unable to get vaccinated or are even prohibited from doing so for medical reasons and persons who refuse to get vaccinated on religious grounds or the grounds of a conviction. Such conviction cannot be equated to an opinion on a specific issue, but rather that this refers to a held worldview equivalent to a religion.