As recently reported by the OHCHR, other terms commonly used to refer to mental health
experiences include ‘mental illness’, ‘mental disorders’, ‘mental health problems’ and
‘mental health conditions’.11
1.2. National definitions and statistics
Disability policy in Slovenia is not provided for in a single, umbrella law, but is dealt with
in many laws in different portfolios under sectoral legislation. All relevant laws use for
disability the term that can be directly translated as ‘invalidity’ (invalidnost) for disabilities
and ‘invalid’ for persons with disabilities. One of these laws, Equalisation of Opportunities
for Persons with Disabilities Act (Zakon o izenačevanju možnosti invalidov) defines
persons with disabilities (invalidi) as „persons who have long-term physical, mental or
sensory impairments and/or developmental mental disorders that in interaction with
various barriers may hinder their full and effective participation in society on an equal
basis with others“.12 The definition of “mental […] and/or developmental mental
disorders” is not included in the law.
Slovenian legislation in the field of mental health does not use the term „intellectual
and/or psychosocial disability“. The Mental Health Act uses the term “mental disorder”
(duševna motnja), which is defined as “a temporary or permanent irregularity in the
functioning of the brain characterised by alterations in cognition, emotion, perception,
behaviour and the perception of oneself and the environment. Difficulty in adapting to
moral, social, political or other values of society, in itself, shall not be considered a mental
disorder.”13 For intellectual disability, Slovenian legislation is using the term intellectual
impairment or mental development impairment (motnja v duševnem razvoju).
The two most relevant acts of the criminal justice system, the Criminal Procedural Act
(hereinafter: CPA)14 and the Criminal Code15 do not provide for any definitions related to
intellectual and/or psychosocial disabilities. For the CPA, intellectual and/or psychosocial
disabilities are relevant in the framework of assessment of the defendant’s mental
11
September 2022, the Office of the High Commissioner for Human Rights and the WHO issued a
Call for inputs on a “Draft guidance on Mental Health, Human Rights, and Legislation”.
12
Slovenia, Article 3(1) of the Equalisation of Opportunities for Persons with Disabilities Act (Zakon
o izenačevanju možnosti invalidov), 16 November 2010.
13
Slovenia, Article 2(3) of the Mental Health Act (Zakon o duševnem zdravju), 15 July 2008.
14
Slovenia, Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994.
15
Slovenia, Criminal Code (Kazenski Zakonik), 20 May 2008.
5