Ethnic Discrimination Veronika Bajt ETHNIC DISCRIMINATION: STRATEGIES OF RESEARCH AND MEASUREMENT Ljubljana 2023 Ethnic Discrimination Strategies of Research and Measurement Veronika Bajt Reviewed by Neža Kogovšek Šalamon and Roman Kuhar Contents Translated from Slovenian by Dean Zagorac Design, layout and cover design: Jasna Babić Published by Peace Institute, Metelkova 6, 1000 Ljubljana Ljubljana, 2023 First online edition Preface by Miha Lobnik, the Advocate of the Principle of Equality ix INTRODUCTION 1 DEFINITION 7 The monograph was published within the framework of the Peace Institute’s research programme ‘Equality and Human Defining Discrimination 7 Rights in Times of Global Governance’, P5-0413, funded by the Slovenian Research Agency (2020-2023), under contract no. Between Social Identity and Attributed Personal 1000-20-03662; the research was carried out within the framework of three research projects: ‘Hate Speech in Contemporary Conceptualisations of Nationalism, Racism, Gender and Migration’ (no. J5-3102), funded by the Slovenian Circumstances 11 Research Agency (ARRS); ‘Reducing and Eliminating Discrimination Based on Ethnicity, 'Race', Nationality and/or Terminology Religion’ (no. V5-1915) co-funded by ARRS and the Advocate for the Principle of Equality; and ‘National Integration 15 Evaluation Mechanism - NIEM: Measuring and Improving the Integration of Bene�iciaries of International Protection’ The Terminology Quandary 18 (No. PL/2015/AMIF/SA.1), funded by the European Commission under the AMIF fund. THE LEGISLATIVE FRAMEWORK 25 The European Union Anti-Discrimination Framework 25 Equality Data 27 The contents of this publication do not re�lect the of�icial opinion of the European Commission. Responsibility for the The Anti-Discrimination Framework in Slovenia 31 information and views expressed in this publication rests entirely with the Peace Institute. DATA 37 Models of Data Collection 37 Sources of Equality Data in Slovenia 40 The Official Data Sources 40 This work is offered under licence Creative Commons Attribution-Survey Research NonCommercial 4.0 International (CC BY-NC 4.0). 42 One-off Research 42 Kataložni zapis o publikaciji (CIP) pripravili v Narodni in EXPERIENCE OF DISCRIMINATION 51 univerzitetni knjižnici v Ljubljani Sample and Finding the Respondents 52 Survey Measurement of Experiences with Discrimination 54 COBISS.SI-ID 147867651 Ethnicity or Citizenship 56 Language 58 ISBN 978-961-96019-4-5 (PDF) Religion 59 Skin Colour 60 Discrimination at Multiple Levels and by Areas 61 Action Against Discrimination 66 Conclusion 69 MEASURING DISCRIMINATION 73 Graphs and tables Direct Discrimination Testing with Field Experiments 74 The Situation Testing Method 79 Situation Testing During the COVID-19 Epidemic 82 E-Mail Testing 84 Testing by Phone 86 Test Results by Life Areas 87 Graph 1: Discrimination based on personal circumstances / 55 Work and Employment 88 Graph 2: Discrimination on the grounds of ethnicity or citizenship / 56 Healthcare 92 Access to Goods and Services Graph 3: Areas of discrimination on the grounds of ethnicity or citizenship, last 5 years / 57 94 Education 97 Graph 4: Areas of discrimination on the grounds of language, last 5 years / 58 Conclusion 101 Graph 5: Discrimination on the grounds of religion / 59 PERCEPTIONS AND CONSEQUENCES OF DISCRIMINATION 105 Graph 6: Areas of discrimination on the grounds of religion, last 5 years / 60 Qualitative Narratives Research 106 Interviewing During COVID-19 Graph 7: Areas of discrimination on the grounds of skin colour, last 5 years / 61 108 The Most Problematic Areas of Discrimination 111 Graph 8: Areas of discrimination (total by category), last 5 years / 62 Work and Employment 113 Healthcare Graph 9: Discrimination by areas of life / 64 116 Access to Goods and Services 120 Graph 10: How people felt when they last experienced discrimination / 67 Administrative Procedures and State Services 125 Graph 11: Have you taken any of the following actions in the event of discrimination? / 68 Education 127 Hate and Discriminatory Speech 132 Consequences of Discrimination 135 Conclusion 139 Table 1: Situation testing of access to the labour market #1 / 89 CONCLUSION Table 2: Situation testing of access to the labour market #2 / 91 141 Table 3: Situation testing of access to a general practitioner #1 / 93 References 147 Index Table 4: Situation testing of access to a general practitioner #2 / 94 165 Table 5: Situation testing of access to housing #1 / 96 Review by Neža Kogovšek Šalamon 169 Review by Roman Kuhar Table 6: Situation testing of access to housing #2 / 97 171 Table 7: Situation testing of access to education / 99 Table 8: List of expert interviews / 109 Table 9: List of interviews with people with migration experience / 110 ix Ethnic Discrimination ix Preface by Miha Lobnik, the Advocate of the Principle of Equality The publication before us is a significant contribution to the understanding of the way of researching discrimination in society. It explains to the reader how crucial it is to get information directly from people about ways of exclusion and data about what they experience and how such experience affects their lives. Data, and above all, an understanding of their context, create the conditions in which we can plan measures to reduce such inequalities. This means that only a real understanding of the situation of discriminated social minorities makes it possible to understand when individual measures have been really successful in eliminating an unjust situation. At the Advocate of the Principle of Equality, the independent state body for protection against discrimination, every year, we receive an increasing number of reports of discrimination. In 2018, we received approximately one hundred new cases for consideration, and in 2021, four hundred. Data on complaints of discrimination at the Advocate are classified according to the personal circumstances that are the reason for the discrimination and the areas of social life where it occurs. An overview of the received cases is regularly published in the annual report. Nevertheless, based on these data, only a part of the picture is revealed on the situation in the area of discrimination in society. Indeed, many who have experienced discrimination still do not decide to turn to the Advocate or any other institution for help. Many of those who are actually discriminated against are not even aware of how to successfully deal with it. Therefore, the Advocate strives to describe the extent of discrimination in Slovenia with the help of various other research. For example, every few years it conducts a representative public opinion survey on the state of discrimination in the country and other smaller surveys aimed at specific social groups. Among them, in the years 2020-2021, the Advocate also co-financed the targeted research project “Reducing and Eliminating Discrimination Based on Ethnicity, ‘Race’, Nationality and/or Religion”, which is one of the bases for the creation of this book. Assessing the actual extent of discrimination in society is undoubtedly challenging, but it is not insurmountable. To achieve this, we need a system of continuous data collection on equality, equal opportunities and equal treatment. Only based on the analysis and interpretation of this data can the x Ethnic Discrimination 1 Government or the National Assembly (parliament) prepare measures that can improve the situation of vulnerable groups. Without adequate measurement, we also do not know whether the planned policies achieve the desired effects and results. Ultimately, however, regular monitoring allows us to determine when conditions for people have improved so much that special measures are no longer needed. It would be quite possible, for example, to obtain data on whether the level of educational attainment of Roma children increases with the current measures, but we do not yet have such data. In addition to the Advocate, various international monitoring mechanisms for the protection of human rights have been warning Slovenia about the need to collect data on equality, equal treatment and equal opportunities. Introduction As we have stressed year after year, the collection of data in the country should be regulated systematically as this is the only way to ensure the continuous or periodic collection of official and comprehensive data which would provide an objective insight into the conditions, causes and trends of actual inequalities in society. It always takes a certain level of courage for a society to face itself in a Why another book on discrimination? Is discrimination truly such an mirror. We might not like the image we see, and it may not be something we immense problem in Slovenia that it requires investigation? If we ask can easily fix. But no matter what we do, only a fresh look in the mirror can tell employers, they follow all the regulations and do not discriminate. If we ask us if we have made a difference with our work. Therefore, we need as clean and clear mirrors of social reality as possible, and this book can be understood educators, the Slovenian school system has built-in protection against as a welcome contribution in such a process. discrimination, so the topic does not warrant special attention. If lessors were asked why they hesitate to rent out apartments to some people, they Miha Lobnik, would answer that they have every right to decide who their tenant will be. The Advocate of the Principle of Equality However, research demonstrates an entirely different picture requiring exhaustive research and verification (see, for example, Brezigar 2005, 2017a; Komac and Medvešek 2005; Komac 2007; Kuhar 2009; Hrženjak and Jalušič 2011; Bajt 2021c). Discrimination in Slovenia is a problem affecting various areas of life and at least occasionally affecting each and every one of us. It means unequal treatment prohibited by law, which has no legitimate reason, as people are treated worse than others simply because of a particular personal circumstance. Several different definitions of discrimination exist, from general (social exclusion of individuals or groups) to legal (unequal treatment of an individual or group in relation to other persons and groups based on personal circumstances prohibited by law) and sociological definitions (a form of social practice, which stems from prejudices and stereotypes deeply rooted in the culture of individual society, resulting in formal or informal forms of segregation, marginalisation or social exclusion of individuals or groups). In recent years, the question of discrimination has become increasingly important. In many countries, research indicates significant differences in the attributed ethnic or racial and religious affiliation of the population affecting several aspects of social and political life. For example, there are 2 Ethnic Discrimination Introduction 3 disparities in educational attainment, personal income, access to housing, social status, disability or any other personal circumstance. All are equal and particularly marked differences in the proportion of people detained before the law” (URS 1991). In addition to the Constitution, several laws and sentenced (see, for example, Kutateladze idr. 2014; Pettit in Gutierrez also protect against discrimination, especially the Protection against 2018). One possible interpretation of such differences is ethnic or racial Discrimination Act ( Zakon o varstvu pred diskriminacijo – ZVarD), and discrimination. Sara Brezigar cites two reasons for paying close attention to incitement to discrimination is punishable under the Criminal Code ethnic discrimination, its manifestations and, above all, identifying its ( Kazenski zakonik – KZ-1). In 2016, the institution of the Advocate of the possible existence: (1) striving for “ethnically, racially and religiously” Principle of Equality was established as an independent state body, which neutral mechanisms and procedures related to the processes and was set up to promote equal treatment and ensure protection against techniques of identifying potential terrorists; and (2) attention to the discrimination. A decade before that, such onerous function had been regulation of interethnic relations at the level of the European Union bodies, performed by a single person within the Ministry of Labour, Family, Social especially in the field of the labour market, where the reasons have a Affairs and Equal Opportunities as the Advocate of the Principle of Equality political and/or economical veneer, as labour diversification enables had already been established in 2005 on the basis of the Implementation of greater economic growth and, therefore, expected prosperity for all the Principle of Equal Treatment Act ( Zakon o uresničevanju načela enakega (Brezigar 2005: 169). obravnavanja – ZUNEO). Therefore, the Advocate is now an independent At the European level, there have been endeavours to address state body also providing information, advice and advocacy. It should be discrimination as a problematic phenomenon that must be prohibited by noted that any injustice that we may perceive as impermissible is not law since the 1950s, when the prohibition of discrimination based on necessarily discrimination as defined by law, and one of the tasks of the gender in employment came into force. However, it was not until 2000 that Advocate is to investigate this in formal proceedings and determine the two directives significantly expanded the scope of non-discrimination existence of unequal treatment. legislation in the European Union. The Employment Equality Directive thus Despite the above legal bases, research data show that the extent of prohibits discrimination on the grounds of sexual orientation, religion, age discrimination in Slovenia is problematic (Komac and Medvešek 2005; and disability in employment, and the Racial Equality Directive prohibits Komac 2007; Kuhar 2009; Švab et al. 2008; Hrženjak and Jalušič 2011; discrimination on the grounds of race or ethnic origin in employment, as Brezigar 2017a; Advocate of the Principle of Equality 2018, 2021; Bajt well as access to education, goods and services, welfare and social security 2021c). Researchers also stress the lack of data on discrimination, making system. it impossible to draw clear conclusions about the extent of the Applicable legal acts and guidelines require equality data that would phenomenon, as discrimination in Slovenia can be inferred mainly from credibly represent the factual situation in society. Namely, each of us has an existing statistics, which are insufficient, or pilot qualitative research with assigned, as Roman Kuhar writes in his book on multifaceted and limited scope. Therefore, there is a lack of transparent, disaggregated and intersectional discrimination, gender, ethnicity or nationality, citizenship, credible data on the existence of discrimination, as there are almost no skin colour, many also religion (2009: 11). In the context of the growing proven cases of discrimination. To deal with discrimination effectively, we demand for evidence-based social policies, the issue of data collection on need research data where, as many international and European research Europe’s immigrant and minority populations is also becoming and organisations stress, the lack of up-to-date information makes it increasingly important. “Both governments and civil society organizations particularly challenging to identify groups and individuals subject to demand information on the numbers and characteristics of migrant and discrimination. For example, the reports for Slovenia highlight Roma, the minority groups in order to identify factors relating to their social and erased and minorities from the former Yugoslavia, as well as refugees, economic integration, to help expose discrimination, or to assess measures undoubtedly indicating that the area of discrimination on the grounds of to combat it” (Wrench 2011: 1715). ethnicity, skin colour, nationality and religion is one of the most relevant and In the Republic of Slovenia, respect for human rights and fundamental sensitive issues for Slovenia. As a result, the formulation of appropriate freedoms is guaranteed by the Constitution, according to which they shall policies, which should be based on data, has been curtailed and sometimes be granted to everyone, irrespective of “national origin, race, sex, language, even prevented, as due to the Personal Data Protection Act ( Zakon o religion, political, or other conviction, material standing, birth, education, varovanju osebnih podatkov – ZVOP-1), persistent hesitation exists on the 4 Ethnic Discrimination Introduction 5 part of the authorities regarding the collection of disaggregated equality provides an overview of the current anti-discrimination framework both data on vulnerable groups (see, for example, Advocate of the Principle of within the European Union and Slovenia. It is a sociological view, not a legal Equality 2021; ECRI 2022a). analysis. In part three, the book critically evaluates the prevailing data The present publication, therefore, stems from the need to collect just collection methods and presents the international literature on the such data, namely to address the issue of “measuring” discrimination in methodology for measuring ethnic and racial discrimination. It also Slovenia beyond official statistics. In this sense, it is breaking new ground in presents the existing research in collecting data on ethnic discrimination in the application of the new methodology of audit studies or situation testing, Slovenia. Parts four, five and six present the latest data on discrimination on applied in addition to a systematic review of the existing situation and the the grounds of ethnicity, skin colour, nationality and religion. I draw most of implementation of classical research with the help of a questionnaire and the data from empirical research conducted in 2021 and 2022. Part four semi-structured interviews. I strive to answer the practical question of discusses the experiences of discrimination, which were gathered through whether discrimination exists in Slovenia on the grounds of ethnicity, skin an online survey. The results are presented by the most relevant areas, with colour, nationality or religion, and which social groups or individuals are the the addition of the respondents’ reports on how they acted and felt when most affected. In addition, I am guided by an additional research question: they experienced unequal treatment. Part five takes on the core issue of in which areas of life and in which life situations do people most often measuring discrimination by way of a direct field experiment using the experience discrimination on the grounds of ethnicity, skin colour, method of the so-called situation testing. The results are presented nationality or religion. Namely, the Constitution lists the personal separately according to four areas of life, which coincide with the circumstances of “national origin”, “race”, “language” and “religion”, which, definitions of the Racial Equality Directive, and whose relevance is also for the sake of simplicity, I refer to as “ethnic discrimination”. The listed confirmed by the literature: work and employment, social and health care, personal circumstances are highlighted for two reasons: (1) there is access to goods and services, and education and training. Part six situates considerable conceptual confusion where ethnic and racial discrimination experiences of discrimination and its possible causes in the field of are often considered together; (2) ethnicity and ethnic origin are intergroup relations, prejudice and hate speech, illustrated by interviews understood, measured and treated differently by the applicable regulations with professionals and people who have experienced discrimination. It also and official institutions, often in close connection with “race”, culture, addresses the issue of the consequences of discrimination. In conclusion, language, etc. The inclusion of several different personal circumstances of the book summarises the results of the research and offers reflections on “ethnicity”, “race”, “language”, “religion” and also “nationality” or citizenship the methods used and their usefulness for researching and measuring was, therefore, a deliberate decision. Indeed, in a context where these ethnic discrimination. statistics are not systematically collected, the process of measuring ethnic discrimination is only possible by including several different dimensions * that intersect in the understanding of ascribed or experienced ethnicity. Therefore, this volume focuses not only on ethnicity but also on skin colour, religion or “religious affiliation” and nationality. In doing so, it follows the The book is based on three projects. The majority of data is derived from findings of international research that often considers ethnic, religious and the empirical research Reducing and Eliminating Discrimination Based on national group affiliations together in the context of perceived ethnic Ethnicity, “Race”, Nationality and/or Religion (hereinafter as Reducing discrimination, which is particularly revealing in the case of immigrant and Discrimination) funded by the Advocate of the Principle of Equality and the Muslim minorities (see, for example, Maes and Stevens 2014; Ysseldyk et al. Slovenian Research Agency, and the project National Integration Evaluation 2014; Di Stasio et al. 2021). Mechanism – NIEM: Measuring and Improving the Integration of The book is composed of six parts. Part one first defines discrimination Beneficiaries of International Protection (hereinafter as NIEM) funded by and breaks down the terminology used by official data sources. As there is the European Commission under the AMIF Fund. The theoretical starting often conceptual confusion and a gap in the understanding of statistical points are part of the project Hate Speech in Contemporary categories and attributed minority identities, I also discuss the topic of Conceptualisations of Nationalism, Racism, Gender and Migration funded by classification and the processes of social (self)categorisation. Part two the Slovenian Research Agency. 6 Ethnic Discrimination 7 I would like to thank Saša Panić and Ajda Šulc for their invaluable help in data collection and analysis, and Jernej Berzelak for methodological considerations. The field research would not have been possible without the generous commitment of my colleagues at the Peace Institute, whom I would like to publicly thank for their dedicated work and joint reflections on the research of discrimination (listed in alphabetical order): Alaa Alali, Wafaa Alburai, Vlasta Jalušič, Iztok Šori, Iza Thaler and Lana Zdravković. I would like to thank Dragana Galić, Sara Lucu and Anna Pitkänen for their always welcome additional help and Maja Ladić for her encouragement. The excellent mutual cooperation that non-governmental organisations (NGOs) have cultivated for many years is also invaluable. Namely, access to direct experiences of vulnerable and marginalised groups is often easier 1 when facilitated by experts and activists who are in daily contact with them. I wish to note that invaluable assistance was provided by Nina Arnuš from the Škofja Loka Zavod tri, Mirna Buić from Koper’s PiNA, and above all DEFINITIONS Manca Vernik Šetinc from the Humanitas association, where the first telephone situation testing in Slovenia in the field of access to housing was carried out. I am grateful to Manca for sharing with me the experience of Defining Discrimination conducting discrimination testing. Personal experience is a precious data source, so in addition to those explicitly mentioned, I would also like to express my gratitude to all the people who participated in the online survey or interviews. Without their cooperation, research on discrimination on the Literature defines discrimination in several different ways. Undoubtedly, it grounds of ethnicity, skin colour, nationality, and religion would have been can be described as unequal treatment or inappropriate and impermissible severely curtailed, if not entirely impossible. differentiation and separation. It is a concept most commonly defined in national legislation prescribing the conditions required for equal treatment and, as such, falls within the scope of the law. Discrimination as unequal treatment of individuals and specific groups is prohibited by law (in Slovenia, this area is codified primarily—but not exclusively—in the Protection against Discrimination Act, Zakon o varstvu pred diskriminacijo – ZVarD). It is the unequal or less favourable treatment of a person (i.e. a different treatment that is less favourable) taking place on the grounds of a personal circumstance. The Act defines various forms of discrimination and regulates the criteria and areas for which it is prohibited and punishable by law. In addition, the term discrimination is also one of the most commonly used in discussions on human rights, inequality and the protection of minorities (Kuhar 2009: 13). “Discrimination is any discrimination, exclusion, restriction or preference based on race, colour, national or ethnic origin which has the purpose or actual effect of preventing or depriving anyone of the equal recognition, enjoyment or exercise of human rights and fundamental freedoms.” (Murgel 2007: 11). Discrimination is “any practice that prevents certain individuals or groups from enjoying their rights and 8 Ethnic Discrimination Definitions 9 freedoms and, compared to other members of a particular political or social term perceived discrimination, namely, is the subjective self-assessment of entity, puts them at a disadvantage and pushes them to the margins of experiencing barriers when accessing any aspect of social life, attributing society physically or symbolically” (Kuhar 2009: 15). these barriers to a discriminatory act or structure in the social Neža Kogovšek and Brankica Petković emphasise that the concept of environment—whether or not this attribution is actually correct discrimination is frequently used to denote any violation of rights, which is (Lindemann and Stolz 2020: 3). incorrect. Namely, discrimination is a “violation of a specific right, i.e. the In addition to definitions of racial discrimination, there are also many right to equal treatment in all areas, such as employment, education, access definitions of ethnic discrimination. “Ethnic discrimination refers to the to goods and such” (Kogovšek and Petković 2007: 11). Events that we adverse treatment of people because of their ethnic or racial origin” perceive as impermissible or unfair are often labelled as discrimination. (Verhaeghe and De Coninck 2021: 1). We see that the connection between However, not every injustice is necessarily discrimination, as three ethnic and racial discrimination is significant and that some authors do not conditions must be met to recognise (and acknowledge) discrimination: differentiate between the two concepts. Simultaneously, the terminology is (1) unjustified unequal treatment, the aim or consequence of which is the often applied without further explaining the meaning of individual unequal exercise of human rights, other rights, legal interests and benefits concepts used in the definitions. “Ethnic discrimination can be understood (poor treatment, unfavourable treatment); (2) the reason for the poor as a different and, as a rule, less favourable treatment of a member of a treatment is a personal circumstance (for example, ethnicity, skin colour); certain ethnic community due to their ethnicity. It occurs in all areas of a (3) unequal treatment occurs in an area in which it is prohibited by law. person’s life, for example in finding a job, in the working environment, in These are all areas of social life (employment, social services, and housing and in access to a wide range of services, including healthcare” education), except private relationships between people. (Brezigar 2017: 74). The social science literature uses this term rather frequently without an From the outset of the research on discrimination, it has been stressed express definition (see, for example, Silberman et al. 2007; Simon 2012), in the literature that it is difficult to find evidence of discrimination, as it based on the implicit premise that discrimination is unequal treatment. must be demonstrated that individuals or groups are treated unequally on When providing definitions, it often defines more precisely, depending on the grounds of specific (for example ethnic, racial, national, religious) the subject matter of the research, whether it deals with ethnic, racial or characteristics, rather than on the basis of criteria generally applied in a some other type of discrimination. For example, in a monograph particular society. At the same time, general criteria applied equally to measuring racial discrimination, Blank, Dabady and Citro present a broad everyone, regardless of personal circumstances, can also have a social science definition of racial discrimination, which includes two key discriminatory effect. Thus, although case studies indicate that immigrants elements: “(1) differential treatment on the basis of race that disadvantages in particular suffer from discriminatory practices based on the colour of a racial group and (2) treatment on the basis of inadequately justified factors their skin, it is difficult to assess the overall extent of discrimination or its other than race that disadvantages a racial group (differential effect)” effects in terms of inequality based on local and case studies (Prandy 1979: (2004: 39, emphasis in original). Their understanding of discrimination 66). Discrimination based on various personal circumstances can be encompasses legal definitions of discrimination, but they note that the legal present as institutionalised, that is systemic discrimination, and as dimension should not limit research in the social sciences. This is because discrimination at the level of practising active citizenship (Švab et al. 2008; not all forms of discrimination—especially the subtle forms—can be easily Kuhar 2009). Systemic discrimination is evident either from the absence of measured or fall within the scope of illegal activities (ibid.: 41). specific policies and legislation or from explicit or implicit mechanisms of Robert T. Carter and Alex L. Pieterse (2020: 40) use the terms racism exclusion and marginalisation based on personal circumstances when and racial discrimination to summarise the various terms used by persons are often excluded from equal citizenship as active participation in researchers (for example perceived racial discrimination, ethnic society (Švab 2008). discrimination, self-reported discrimination, perceived racism and race-In the present publication, I am mainly interested in factual data on the related stress). The present publication summarises the breadth of this extent to which discrimination is actually present in Slovenia, so it is definition, as it is important for the sociological treatment of discrimination important to stress that the definition covers both individual and to include the personal experiences of people who face discrimination. The institutional practices. Based on a review of existing diverse theories of 10 Ethnic Discrimination Definitions 11 discrimination, Blank, Dabady, and Citro (2004) break down the resulting in cumulative disadvantage. It usually focuses only on different discrimination types into four main categories, which further guide the treatment standards in the current situation, and very little importance is determination of appropriate research methods. The first category is attached to prior discriminatory behaviours and practices that have intentional and explicit discrimination, including verbal antagonism, affected previous generations, other areas, or past experiences. Therefore, avoidance, segregation, physical attacks and extermination. Within these the concept of cumulative discrimination is not addressed directly by steps, each enables the next. The second category is a subtle, unconscious present legal definitions of discrimination; and automatic form of discrimination. Although these forms of 4. Cumulative discrimination can be transmitted through organisational discrimination are often more difficult to understand or recognise as more and social structures. For example, policies and processes that cause “obvious,” “subtle” does not mean insignificant. The third category includes inequalities in the housing and labour markets can also lead to disparities statistical discrimination and profiling, where it is assumed that the in education. Prolonged discrimination and social disadvantage can further perceived characteristics of a group also apply to the individual of the very push marginalised groups into life decisions in accordance with biased same group. The fourth category includes embedded organisational conditions that limit their life prospects and future opportunities processes of discrimination, often called structural discrimination (Blank et (summarised after Blank et al. 2004: 225–227). al. 2004: 55–64). Blank and colleagues also criticise the prevailing debates, In this book, discrimination is considered as unequal treatment on the which treat discrimination as a phenomenon that occurs at a particular intersection of at least three additional dimensions: as perceived time and place. Instead of such an episodic view, they suggest that discrimination, as cumulative discrimination and as a dynamic process, in discrimination be seen as a more dynamic and cumulative process (ibid.: addition to the prevailing episodic perspective. Chapter 4 focuses on 68–69). perceived discrimination, Chapter 5 deals with the dominant episodic view Simultaneously, the important effects of prior experiences of of unequal treatment, and Chapter 6 combines a view of discrimination as discrimination, which can be overlooked by experimental methods and a dynamic and cumulative process. surveys, should be emphasised. The interview method can also better address the cumulative impact of social distance, prejudice and discrimination over time, as well as the interaction between the effects of Between Social Identity and Attributed Personal discrimination occurring in one area and at a particular time and events occurring in other areas and at different times. Very little research focuses Circumstances on the so-called cumulative discrimination, which Blank and colleagues strive to conceptualise in four points: In the last quarter of the 20th century, many events and social changes 1. It is a dynamic concept encompassing systematic processes occurring profoundly affected ethnic, racial, national and religious relations around over time and in different areas. Two typical examples are the influence of the globe. In the United States, changes in attitudes toward different ethnic slavery in the USA and the segregation of the Roma community in Slovenia, and religious groups have been measured by a scale of social distance which negatively affect the accumulation of property for future generations known by its author as the Bogardus scale (Bogardus 1947). The Bogardus within this population group in the first case and resistance to the scale measures the distance between social or ethnic groups. The original employment of members of this community in the second case; study, developed around 1920, measured the degree of acceptance 2. Focusing on episodic discrimination can provide minimal Americans feel toward members of the most common ethnic (minority) information on the effect of dynamic, cumulative discrimination. Although groups in the United States. It was carried out five times between 1920 and episodic cases of unequal treatment are small and their effects appear 1977, with very little change in the original research design. In recent years, weak, they accumulate throughout life into significant and actual negative a new generation of researchers has been working on updating and reusing consequences of discrimination; this social distance measurement scale. For example, Parillo and Donoghue 3. Legal standards fail to address this type of discrimination adequately. (2005) collected a random sample of 2,916 male and female students In legal terms, discrimination is understood as an event that occurs at a following previous iterations and used a social distance scale as a specific time and place rather than as an ongoing process, eventually questionnaire. Their findings indicate that the average level of social 12 Ethnic Discrimination Definitions 13 distance between all ethnic groups has decreased since 1977. Their study practices. This is pointed out by Floya Anthias (2001), who shows that also showed that gender, ethnicity and “race” are important indicators of approaches believing that hybrid social forms result from interculturalism the level of social distance towards all groups. In Slovenia, too, research uses see in them the ability to transcend “old ethnicities”. Anthias agrees that the concept of social distance, which establishes, for example, an hybridity signifies a notable development that challenges static and individual’s willingness to let a particular group of people into their work, essentialist notions of ethnicity and identity but simultaneously brings neighbourhood or family circle, or adapted as a concrete ethnic distance conceptual and substantive problems, especially at the point where it is towards immigrants (Zavratnik 2013; Medvešek et al. 2022). expected to represent transgressive cultural formations. Therefore, the As Walter Lippmann once wrote, introducing the term stereotype into basis for addressing “identities” outside the parameters of old ethnic social psychology in 1922: “For the most part we do not first see, and then groups is reshaped and a new concept of “translocational” positionality is define, we define first and then see” (Augoustinos and Walker 1996: 209). developed, which she proposes as more appropriate for addressing the The research on ethnic or racial discrimination is always contextualised. issues of affiliation raised by the notion of hybridity. Mojca Pajnik (2011) Individuals and groups constantly attribute different qualities to also questions the validity of the notion of multiple or hybrid identities and themselves and others. We are indeed all human beings, but we are points out that such conceptualisation can recreate migrants as Others. incessantly categorising other people and self-categorising ourselves. Such Feelings of belonging are not abstract but always “situated and typification is often used when contact arises between “us” and contextualised experiences, while betting on ‘positive’ identities can act as a “foreigners”. Others have historically differed in appearance, hair colour, mask for structural inequalities” (Pajnik 2011: 111). skin colour, language, dress code, etc. (Musek 1994). By distinguishing In the 1990s, the essentialist, limited understanding of culture that ourselves from others, however, we define ourselves. This means that defines belonging to an ethnonational community became an established identity is not straightforward but must always be discovered and known. part of everyday life and politics, which in turn justified the exclusion of Social identity is a characteristic or property of people as social beings immigrants and other minorities in Western societies. Simultaneously, (Jenkins 1996). Identitas from Latin idem, which means “the same,” academic discussions lack a more detailed analysis of what Dahinden and encompasses two concepts. The first means absolute sameness, and the Korteweg call “culture-as-defining-attribute” (2022), showing that in/ second is diversity, which presupposes consistency or continuity over time. visibilisation of power relations is a missing link in current analyses of The notion of identity thus simultaneously establishes two possible culture and exclusion. relations of comparison between persons or things: similarity (between Among the most persistent criticisms of identity politics in both the us) on the one hand and difference (from them) on the other (ibid.: 16–17). academic and political spheres is precisely that they are prone to In his research on multifaceted and intersectional discrimination, essentialism, saying that instead of understanding themselves as a Roman Kuhar writes about discrimination as a response to a stigmatised collection of heterogeneous and multiple identities, people are encouraged identity (2009: 81). The present publication deals with the phenomenon of to choose one of their characteristics and join a social movement. discrimination according to selected personal circumstances of ethnicity, Theoretical critiques of identity politics, therefore, argue that identities are skin colour, nationality and religion, which are defined in the Slovenian social constructions marked by the oppressive conditions that had created Constitution and other official acts. As such, they are protected from them and thus should not be attributed such significance. For instance, also discrimination and, therefore, understood essentially as given, real and Michael Banton argues that a focus on racial discrimination is a living identities of individuals and social groups. Unquestionably, real life is misdirection of efforts for greater equality, as not only does such a definition much more complex and cannot be so easily categorised and of discrimination imply very narrow parameters within which competent straightforwardly separated. Our group affiliations are many. They can be authorities can deal with discrimination, but it also unwittingly extends the mixed, fluid and dialogical, as the question “Who am I?” becomes relevant very same logic of racial discrimination that it wants to eradicate (Banton only in contact with the Other. But just as caution applies in the still 2002). Vlasta Jalušič also stresses contemporary “racism without race” or ingrained understanding of ethnicity, for example, as Blut-und-Boden given, “cultural racism” and draws attention to the problematic nature of the lack by birth, even biology, even newer approaches to “hybridity” may of political responsibility in the anti-racist policies of the European Union inadvertently overshadow existing cultural hierarchies and hegemonic (Jalušič 2015). But for Linda Martín Alcoff and co-authors, identities are a 14 Ethnic Discrimination Definitions 15 considerable epistemic resource. They understand identities as real and or categorisations exist, that they are recognised as such and that they have experiences as epistemically crucial (Martín Alcoff et al. 2006). In research some impact on people. Namely, we are constantly “categorised and placed on discrimination, identities must undoubtedly be considered valid at under different group common denominators and common names” some point, mainly due to the importance of experiences of discrimination (Hrženjak and Jalušič 2011: 12). Therefore, the research of discrimination reported by individuals or groups. It is possible to use a realistic view of must be based on such typifications, as “clarity and simplicity” are the key identity, which stresses that the “personal experience” itself is always to understanding complex social phenomena (Kuhar 2009: 11). This is “socially and theoretically constructed” and that it is in this mediated way particularly important for public policies and the legal aspects of unequal that it brings knowledge (Mohanty 1993: 45). The answer to the problems treatment, as legal instruments mainly focus on one-dimensional forms of of essentialism on the one hand and anti-essentialism on the other is, discrimination, and public policies themselves create “categorisations that therefore, sought by Martín Alcoff and colleagues in new, alternative are usually statistically and professionally supported and thus form the formulations of identity, i.e. in “post-positivist realism” (Martín Alcoff et al. basis for action” (Hrženjak and Jalušič 2011: 12; Kuhar 2009: 10). 2006). Defined as a “method of philosophical, cultural, and literary interpretation” that places “identity” in both a “radical universalist” and a “multiculturalist” view of the world (ibid.: 154–155), it understands Terminology identity as both socially constructed and substantively real. Theories of globalisation, which presupposed the loss of influence of narrowly defined and limiting particular identities, are also increasingly In the introduction, I stated why the field of discrimination on the grounds challenged, as are theories of nationalism, which naively expected the end of ethnicity, skin colour, nationality and religion is one of the most relevant of nationalist particularisms after the creation of the nation-state (Lechner and sensitive issues for Slovenia. Other areas of discrimination are equally and Boli 2004; Smith 1998). The world is being shaken by the rise of radical important, but in this publication, I pay attention to the mentioned personal movements, while states themselves perpetuate the exclusionary dualisms circumstances and thus also indirectly address the problem of reduced inherent in welfare state policies, citizenship policies, or migration opportunities for formulating appropriate policies based on reliable data. A “management” policies (Bajt 2019). Ulrich Beck (1994) believed that significant shortcoming in the research sphere is the lack of comparable individual identities (for example, ethnic and gender) are losing meaning statistics. To determine the share of certain social groups in the population, because they can be rather limiting to people in the global world. Along in addition to longitudinal measurements and data collection, a clear with the increasing permeation and mixing of material goods, ideas and definition of the terminology is by all means necessary. This challenge is people that accompany globalisation, there is also a growing particularly significant in the personal circumstances under consideration, individualisation. Traditional territorial identities are increasingly being as the professional literature often fails to agree on the definitions entirely. replaced by various new localisms. People are more attached to their A classic example is terminological questions regarding different specific lifestyle than to their general ideological affiliation. Namely, the definitions of immigration. Until the 2011 Census, the Statistical Office of social identity of an individual is related to the groups to which he or she the Republic of Slovenia used the actual place of birth as it was available in belongs. Each and every one of us is a member of many social groups, from the Central Population Register. The 2011 Census introduced the concept which more or less important social identities arise. Phenomenologists, for of the first residence (mother’s residence at the person’s birth), which used instance, believed that all our activities involve a typification process. as a source of data the 2002 Census, data on immigrants in the period Schutz’s everyday life world derives from Husserl’s insights into the between the censuses, and data on births between the censuses. Problems typicality of the world. However, he believed there is an internally coherent arose due to the successor states of the former Yugoslavia because, in the rounded structure of performances in which people are recognisable as data sources, there were still old data before the emergence of the new types and, according to this structure of types, also act with each other in states in the area. The Statistical Office also followed the practice of Norway, interactions (see, for example, Ule et al. 2018). the Netherlands and Denmark, who derive data on the population with Thus, when we research discrimination based on ethnicity, skin colour, foreign background from registries. However, each of these countries has nationality and religion, we start from the assumption that such identities some specificities and different terms and methodologies, often related 16 Ethnic Discrimination Definitions 17 more, see, for example, DeSalle and Tattersall 2018). The term “race”, which also to citizenship (SURS 2013). The phrase “residents with first residence is often part of anti-discrimination legislation, is also increasingly abroad” later began being used as a better option, whereas the term problematised in various policy-making documents, as can be seen in the “immigrants from abroad”, which is established and used in regular annual trend to use the term in quotation marks (see, for example, ECRI 2022b: statistics on international migration, does not refer exclusively to first 11). Although I try to avoid using the word “race” in the book by immigration but also returnees and may, therefore, be misinterpreted. The substituting it with “skin colour” or using quotation marks, this does not answer to a seemingly simple question about the share and demographic negate the fact that racism and racialisation have real consequences for structure of the immigrant population in Slovenia had therefore just a few people classified as different along the “racial” dimension – regardless of years ago meant a very time-consuming search in several different their actual feelings of identity. In fact, the term “race” can have very registers and comparing data from several different institutions or different and, at the same time, contested meanings, so it must be ministries. understood in each historical and social context in which it appears. A brief remark should be added: in the choice of terminology, the book Precisely because of the awareness of the importance of terminological follows official sources where this seems reasonable, although the use of clarity, as I discuss a total of four dimensions in this publication—ethnicity, the words “migrants” or “refugees” is never without certain connotations, skin colour, nationality and religion—I pay some additional attention to the but I will not address this terminological issue here (for more, see, for selected concepts here. There are two critical reasons for this: on the one example, Bajt 2019: 308; Hamlin 2021). Also, in terms of the personal hand, these are concepts that frequently overlap or are used in practice as circumstances that I at least mention when quoting various EU directives synonyms, and on the other hand, treatment based on these personal and applicable legislation, the word “disabled” is also problematic. The least circumstances is often multiple and intersectional discrimination. challenging is understanding the word “religion”, which the Dictionary of International literature most frequently speaks of racial or ethnic the Slovene Literary Language defines as the awareness of the existence of discrimination, which indicates a vague distinction between the terms a god or supernatural forces, and its synonym is faith. But even religion is “race” and “ethnicity”, ethnic group or “ethny”. The decline of the actually difficult to define, emphasises, for example, Giddens, who points sociological idea of “racial relations” was also irreversible due to the out that it is a set of symbols that evoke feelings of respect and are analytical ambiguity of the term “race”, which assumes that there are associated with rituals and ceremonies that unite the community of inevitably different peoples among whom relations are fundamentally believers (1993: 458). In addition to the word “religion”, which is closer to problematic. The terms “ethnicity”, “ethnic group” and “ethnic relations” sociological understanding, the terms “religious affiliation”, “faith” and avoid the invalidity of the term “race”, but are themselves flawed due to the “belief” are also used in statistics and official documents—this is especially assumption that there is a special type of relationship in which ethnic typical for anti-discrimination legislation. The aim is only to identify and emotions predominate (Fenton 1999: ix). measure discrimination based on the personal circumstance of religion, In Slovenia, ethnicity or ethnic group is discussed mainly in the but not to research religiosity or the (self)definition of religious anthropological literature, in which, more broadly, the focus was primarily communities, so let this note suffice. on the concept of culture (Repič 2002), which is also not analysed in detail Much more problematic is the use of the word “race,” which hints at the in this volume. In addition, quite a few studies deal with the ethnic question existence of different races in terms of the hierarchy of human groups. and minority issues (see, for example, Šumi 2000a, 2006; Klopčič 2009) Everyday, political and administrative interchangeability and ambiguity in and citizenship research (see, for example, Deželan 2010, 2012; Pajnik the use of the terms “ethnicity” and “race” also contribute to terminological 2011a). There is almost no research specifically on religious affiliation confusion. The historical use and legacy of otherwise discredited theories (Črnič et al. 2013), and even scarcer are studies discussing ethnicity, of the division of humanity into fundamentally different “types” with citizenship or nationality and religion at the intersection (Bajt 2008, 2011; individual physical or visual differences continues to convey the idea that Kuhar and Pajnik 2022). The purpose of this publication is not to explore groups of people are biologically different (see, for example, Bulmer and these concepts, so the following is only a general overview of the most Solomos, 1999; Fenton 1999; Back and Solomos 2005). Here, therefore, it widespread use of some terms that are important for further addressing seems reasonable to stress that all humans belong to a single species (for discrimination based on ethnicity, skin colour, nationality and religion. The 18 Ethnic Discrimination Definitions 19 most important thing for analysing ethnic discrimination is in which belief is the Norwegian anthropologist Fredrik Barth, and his definition of identities people recognise themselves or are recognised. ethnicity is considered classic (see, for example, Barth 1996). He defined ethnicity subjectively as anything that the “natives” just say it is. He does not assume the solid essence of the group, but is interested in the perception of The Terminology Quandary its members that distinguishes them from other groups (van den Berghe 1991: 83; Armstrong 1991: 41). Barth’s approach implies that “groups do not define themselves by reference to their own characteristics, but by The original Greek meaning of the word ethnos (people) denoted a exclusion, that is, by comparison with ‘foreigners’” (Armstrong 1991: 42). fundamental human group, not a subgroup. Ethnikos denoted the Others, Emotions of group identity are exclusive. It depends on the characteristics the faithless, the pagans (Eriksen 1996: 28). And yet the word “ethnic” is that the group attributes to others how it will understand itself. used by many authors in terms of linguistic, cultural, religious, or some Anthropological historians and linguists also mention definition through other minority. Researchers who worked on global comparative studies exclusion. showed a greater willingness to understand ethnicity in its original There is a universal consensus in the scientific community on the meaning (affiliation based on subjective belief in a common origin, decisive position of the 1969 book Ethnic Groups and Boundaries: The Social ancestors). “Ethnicity means a common ancestry that is either real or Organization of Culture Difference, edited by Fredrik Barth. The general presumed, but even in the second case, the myth must be confirmed by agreement is that this monograph has the status of a founding work, which several generations who have a common history,” says Pierre L. van den developed the theoretical paradigm and model of ethnic groups on which Berghe (1991: 81). the study of ethnicity is based to this day. A recent study, however, argues There are two currents in ethnicity research. The first understands that this is not the case, as Barth and co-authors merely relied on the ethnicity as something given—following the idea that the state we live in previous work of researchers who had published before. Marek Jakoubek cannot be changed. Anthony D. Smith describes followers of this definition (2022) alerts that the theoretical views proposed by Barth and his as primordialists. The second current—according to Smith, the collaborators in the famous book were not new at all, nor were they Heraclitans—believes that ethnicity itself has become a very changeable considered new by their contemporaries. The Ethnic Groups and and insignificant item (Smith 1991). Primordialists argue that ethnic ties Boundaries was given the status of a turning point, which only later are lasting and that ethnicity is one of those things that recur over different established a new era in the anthropological study of ethnicity—not periods of history. There has never been a period in human history when because of the results that it actually produced, but above all because of the ethnicity has completely disappeared. “Only when we begin to study claims made by its editor, Fredrik Barth, in his famous “Introduction” about ethnicity in terms of ethnic myths, symbols, memories and values can we the contribution of this work to the study of ethnic identity. This understand the dynamic and expressive nature of ethnic identity and the conceptualisation of the history of ethnic studies was gradually adopted reason for its long-term impact on human affairs, regardless of whether its owing to the enormous influence of Barth’s book, and the results of all the content and meaning change” (ibid.: 55). The view that ethnicity is a deep-work previously done in the field of ethnic studies have been captured in rooted connection, often labelled primordialist, was first developed by Max amnesia that continues to this day (Jakoubek 2022). I make this perhaps Weber. He did not distinguish an ethnic group from a nation, although he seemingly irrelevant remark because of the importance of socio-historical stressed that a sense of ethnic solidarity in itself does not make a nation yet. contextualisation for the development of scientific conceptualisations. In an Awareness of ethnic solidarity appears much earlier. The nation is thus a insightful study of the interplay of political power with certain academic kind of “self-confident ethnic group” (Rizman 1991: 18). The nation positions, Irena Šumi, for example, points out: recognises itself as such, whereas the ethnic group still needs external Others to distinguish itself from them. “in a way that in some places is a caricature of the Western discourse, In contrast to the primordialist conception of ethnicity, the the use of terminology in Slovenian minority studies has become “instrumentalist” conception considers it to be something manipulable, established, which simply equates analytical categories, e.g. ‘ethnic changeable, situational and subjective. The leading representative of this groups’ (and even ‘ethnos/ethnie’), ‘ethnic borders’ and ‘ethnic 20 Ethnic Discrimination Definitions 21 identity’, with the concepts of ‘national minority’, ‘(unjust) state Rudi Rizman (1991), the editor of the first collection of papers on border’ and ‘national consciousness’ and also uses them ethnonationalism in Slovenia and an important co-creator of the academic synonymously; the whole issue, the nationality or minority question, interpretation of the phenomenon of nationalism, stresses the importance was, as said, equated with ethnic studies” (Šumi 2000b: 267). of distinguishing between the concepts. Nation, namely, can be understood as a cultural (ethnic) and/or political (civic) “imagined” community (cf. We can talk about ethnicity when there is at least minimal contact between Anderson 1991). Due to a historic lack of independent statehood, the members of groups (Eriksen 1996). Ethnicity is relational and situational Slovenian national experience has traditionally been connected to the so-and refers to “the enduring relationship between more or less bounded called ethnic, cultural form of nationhood (Sl. narod). The absence of groups or social categories that perceive themselves as being culturally statehood in the Slovenian case resulted in the accentuation of cultural different from each other” (Eriksen 2012: 1). In everyday use, instead of the elements, reflected in etymologically different terms nacija and narod that terms ethnie, ethny, ethnic group and ethnicity, the terms people or nation both translate to “nation”. Kovačič (2005: 220–221) states that both nacija or nationality are also used, some of which are defined by the Slovenian and narod are “collective identities” but have different criteria for the Constitution as personal circumstances (URS 1991). Here again, we run inclusion of members. In nacija “the criterion for inclusion is formal and can into the problem of understanding. Nationality is a term that has been be legally regulated”, while for narod different supposedly objective criteria appearing in Slovenian language since at least the 19th century when it are important, for example, language and common culture (for more, see appeared in connection with the national consciousness and the Slovenian Bajt 2010). language (see, for example, Cerjak 1899). Nationality, therefore, means In Slovenian language, we find ourselves facing an additional dilemma belonging to a nation—although, for example, Kovačič defines this word as of distinguishing between the ethnic group and the nation in the sense of a national minority within a state (2005: 215). As Kržišnik Bukić writes, narod, as the theories of nationalism, the publications of which “the term ethnos” can, therefore, also be a broader concept in terms of predominate in Anglo-Saxon languages, distinguish merely between ethnie content, which is “limited to that potential cultural substance that, under and nation. Smith’s ethnie could be perceived as narod, a social group certain social circumstances, develops into a social given, i.e. a long-lasting convinced of its specific cultural identity, however not yet expressing a social phenomenon that we call a nation” (2007: 112). claim for a separate statehood. The term nacija is related to the state, the One of the key theorists of nationalism, Anthony D. Smith, who called political dimension of nationalism and the time period of modernity. For himself an “ethnosymbolist”, was primarily interested in the analysis of the example, in English, there is no clear distinction between nation and origins and genealogy of nations. He emphasised the concept of ethnie modern nation-state, which reflects the historical experience of nation- (taken from French and introduced as such into English) and focused on building that followed the territorial, political principle. For what is usually studying “the differences and similarities between modern national units called narod in Slovenian, less often ethnic group, the French word ethnie and sentiments and the collective cultural units and sentiments of previous (or its English version ethny) is most often used in international literature eras, those that I shall term ethnie” (Smith 1986: 13, emphasis in original). (see Smith 1986; van den Berghe 1987). Yet other languages, such as He saw the difference between ethnies and nations in the fact that a German, differentiate between compound words Staatsnation and delimited territory, a unified legal and economic system, and public culture Kulturnation (see, for example, Meinecke 1970), as well as Volksnation, are elements that nations have, but ethnies lack (Smith 1998: 196). For which is supposed to mean community cohesion based on myths of Smith, ethnies are cultural groups much older than nations, on which the common origin. Kulturnation is an expression of imagining a particular nations are based. They serve as pre-existing boundaries for the modern community through the myth of a common culture. However, Staatsnation nations forming within them. Smith’s emphasis on the importance of is based on citizenship (Yuval-Davis 2000). This difference is also of basic ethnicity is a response to the modernist approach that has become broadly importance in Slovenian language, which contains several terms for accepted in recent decades: “Everyone agrees that nations are historically describing group affiliation: “people”, “etnija”, “nation” (both narod and formed constructs” (Brubaker 1999: 15). For the present publication, it is nacija). In fact, they are slovenised foreign words, as both etnija and nacija sufficient to conclude that ethnicity is a categorisation or (attributed) express a reflection from other linguistic environments. Yet the word narod identity that defines an individual social group based on a presumed reflects the origin of group namings of imagined communities, which are common culture and usually also language. 22 2 Et E h t nic c Discr c i r mi m nat a i t on Definitions 23 2 supposed to share some common features and peculiarities that are against on the basis of ascribed group identities. And because science is (or “innate”, “given by nature”, “natural”, and this makes it impossible to can be) racist (Eze 2005; Marks 2019), collecting data on inequality based recognise “belonging” to “newcomers”. While nations in the sense of nacija on these personal circumstances is a tough nut to crack. are created through the functioning of the nation-state and its institutions, through a common political life within the same political system—nation-state affiliation is, therefore, elective, nations in the sense of narod are understood as a community spirit based on a common territory, heritage, language, religion, history, culture, etc.; affiliation is thus “given” (Bajt 2010). I wish to add that such dualistic understanding of supposedly ethnic and political nations is problematic and has been for the most part discarded in recent nationalism theory. However, understanding the terminology helps one pinpoint that Slovenian nationalism lies precisely in the fact that, although all essential elements of Slovenian national identity can be “acquired” (language is the best example), meaning that in their essence they are potentially civic in nature, “foreigners” are nevertheless never truly recognised as “true Slovenians,” because the idea of Slovenianness is still archaically ethnic (ibid.). The word nationality also has a double meaning. On the one hand, it is a matter of citizenship, as nationality describes to which country someone “belongs”. On the other hand, nationality can also be understood as “a social group that considers itself an ethnic minority and demands nothing but the position of an autonomous community” (Alter 1991: 233). Therefore, it is struggling for a political and cultural autonomy in the already existing country in which it lives. It is crucial to emphasise that none of the concepts discussed has a single definition, but academics may even be on entirely opposite shores in their understanding. To understand the processes of exclusion and unequal treatment, the definition of a nation as an “imagined community” (Anderson 1991) is useful, but even more so is understanding that “what ultimately matters is not what is but what people believe is” (Connor 1994: 93, emphasis in original). In other words, a “subconscious belief in the group’s separate origin and evolution” is an important component of “national psychology” and with this Walker Connor emphasises that the essence of a nation is indefinable and incomprehensible, yet it is a strong psychological bond that connects and separates “members” from other nations. Connor’s description can also be used to define the notions of ethnicity, skin colour, nationality, and religion discussed here. Even a precise scientific substantiation for the need to transcend narrowly defined and exclusive classifications and typifications cannot deny the fact that most people still identify in terms of “belonging” to a particular ethnic, cultural, national and linguistic community or that individuals are discriminated 2 THE LEGISLATIVE FRAMEWORK The European Union Anti-Discrimination Framework “The European Union is founded on the principles of the free movement of people, capital, goods and services. However, the implementation of these principles is hampered if the rules of equality or non-discrimination are not respected in the Member States. If people are treated differently on the grounds of personal circumstances and are consequently discriminated against, then the free movement of people, capital, goods and services is no longer possible. That is why the European Union has adopted a series of anti-discrimination measures binding on all members, including Slovenia.” (Kogovšek and Petković 2007: 32) At the European level, there have been precursors since the 1950s, when the European Convention for the Protection of Human Rights and Fundamental Freedoms was adopted in 1950 and contains Article 14 on non-discrimination. The prohibition of discrimination on the basis of gender in employment was first enforced. Protection against discrimination therefore began to develop on the dimension of equal opportunities for women and men, and this was the basis for the new directives, which followed the structure that was set for the gender dimension, adding new personal circumstances. The year 2000 was an 26 Ethnic Discrimination The Legislative Framework 27 inflexion point in the fight against ethnic discrimination at the European discrimination began at the European Union level. In the same year, the EU Union level, with the adoption of two anti-discrimination directives, which Council adopted a six-year term action programme to combat are still considered to be the legal pillars of anti-discrimination in its discrimination, which also included among its objectives the improvement Member States. The first was Council Directive 2000/43/EC of 29 June 2000 of understanding “of issues related to discrimination through improved implementing the principle of equal treatment between persons irrespective knowledge of this phenomenon and through evaluation of the effectiveness of racial or ethnic origin (Racial Equality Directive), and the other Council of policies and practice” (OJ 2000). To achieve the objectives, the measures Directive 2000/78/EC of 27 November 2000 establishing a general also included the analysis of discrimination-related factors, including framework for equal treatment in employment and occupation through research and the determination of qualitative and quantitative (Employment Equality Directive). The Racial Equality Directive has a indicators and standards, in accordance with domestic law and practice, broader scope, as it prohibits discrimination based on “racial or ethnic and the evaluation of the effectiveness and impact of anti-discrimination origin” in several areas of life. In addition to employment and work, law and practice and effective dissemination of the results. discrimination is prohibited in, inter alia, education, social security, At the European Union level, studies on methodological approaches including healthcare, and access to goods and services available to the and sources of information and data that can shed light on the situation of public. The basis for these two directives is the Treaty on the Functioning of individual social groups and the possible impact of discrimination on their the European Union, which states in Article 10: “In defining and position in individual areas of life and consequently on their position in implementing its policies and activities, the Union shall aim to combat society have been promoted since the beginning of anti-discrimination discrimination based on sex, racial or ethnic origin, religion or belief, legislation. Discussions also cover the utility of such data and analysis in disability, age or sexual orientation.” In the following years, there were planning more effective policies and measures to prevent discrimination, attempts to adopt a horizontal directive that would prohibit discrimination taking specific measures to improve the situation of social groups exposed on the grounds of religion and belief, disability, age and sexual orientation in to discrimination, and monitoring the effects of policies and measures other areas of life as well, but so far, these efforts have not yielded results. adopted (see, for example, Krizsán 2001; Simon 2004; Mannila 2005; In Slovenia, with the aim of transposing both directives into domestic Makkonen 2007a, b). law, in 2002 first the Employment Relationships Act ( Zakon o delovnih Collecting data on racial or ethnic discrimination is particularly razmerjih – ZDR) was adopted in order to partially transpose both important for sensitising the public and policymakers about the extent and Directives. Then in 2004 the Implementation of the Principle of Equal nature of discrimination and related injustices, as well as for planning Treatment Act ( Zakon o uresničevanju načela enakega obravnavanja – positive action and other anti-discrimination measures. In addition, the ZUNEO) was adopted, fully transposing the Directives, which was replaced data can help different organisations ensure that their policies are in line with equal treatment legislation and are also used in court proceedings to in 2016 by the Protection against Discrimination Act ( Zakon o varstvu pred prove or disprove allegations of discrimination (Wrench 2011: 1716). diskriminacijo – ZVarD). In both cases, the Slovenian legislator decided to adopt horizontal regulations, and thus discrimination on the grounds of any personal circumstance in various areas of social life is prohibited in Slovenia. The legislation prohibited direct and indirect discrimination, Equality Data harassment, instructions for discrimination, incitement to discrimination, victimisation, as well as serious forms of discrimination, including multiple For data that are important for protection against discrimination, including discrimination, mass discrimination, long-term or recurrent on the grounds of ethnicity, skin colour, national or religious affiliation, and discrimination, and discrimination containing or likely to contain monitoring the situation of individual vulnerable social groups, the phrase irreparable consequences for a discriminated person in terms of causing equality data has been established at the European Union level. There is damage to their legal position, rights or obligations, especially if committed also The European Handbook on Equality Data, aimed at the general public, in relation to children or other vulnerable persons. and in particular, those involved in combating discrimination and As early as when adopting the above-mentioned anti-discrimination promoting equal treatment, supported by reliable and high-quality data, directives in 2000, the promotion of measures to prevent and combat including decision-makers, civil servants, equality bodies, non- 28 Ethnic Discrimination The Legislative Framework 29 governmental organisations and, of course, social groups exposed to authorities and agencies and informal data collected by, for example, trade discrimination (Makkonen 2016). The handbook defines equality data as unions, employers, research or non-governmental organisations. Ideally, to any information that can be useful for describing and analysing equality, determine the dimension of direct discrimination in society, social groups and the information can be quantitative or qualitative. The emphasis is on most exposed to discrimination, and the areas of social life where equality statistics, i.e. aggregated data that can reflect inequalities and their discrimination is most prevalent, a single source or a single type of source causes or effects in the society. Data otherwise collected for other purposes would be sufficient, namely information on complaints received and dealt may also be used for monitoring equality. As defined in the Handbook, with by the competent state authorities (for example, equality bodies, equality data can have several purposes, namely: ombudspersons, inspectorates or courts), provided that all cases of discrimination are also reported and dealt with appropriately. This is not 1. Policy development and implementation: relevant and reliable the case for various reasons, and the number of complaints, therefore, fails data are needed to identify inequalities in individual areas of to reflect the actual scale of discriminatory practices in society. It is possible, social life and to develop measures to address these inequalities, for example, that people who have been discriminated against are not which can include legislative changes as well as the introduction convinced of the existence of discrimination, do not know which body to of policies and measures that effectively address existing turn to, or do not trust these same bodies, have low expectations and accept inequalities; that belonging to a particular social group also includes unequal social 2. Assessment of whether discrimination has taken place: the status. After all, the treatment of cases of discrimination by competent prudent use of high-quality and reliable empirical data in the authorities may also reflect prevailing societal opinions or prejudices operation of public bodies and the judiciary can be the basis for against vulnerable social groups (see, for example, Wrench 2005: 61; Office concluding the existence of discriminatory effects of individual of the United Nations High Commissioner for Human Rights 2012). In such measures or less favourable position of individuals or groups, cases, unofficial data on specific cases of discrimination collected by other which can be a consequence of policies and measures adopted; organisations, including non-governmental organisations, is a very useful 3. Monitoring of the realisation of human rights and fundamental instrument and complement to official ones, as in many cases, people who freedoms across the equality grounds: quality and reliable data have suffered discrimination find it easier to trust NGOs and decide to are a necessary tool for assessing the situation of individual report to them (see, for example, ZARA 2019). social groups and the situation in individual areas of social life However, the discriminatory effects of unequal treatment practices on for national authorities, national specialised bodies such as members of specific social groups are often not the result of singular ombudspersons and equality bodies, as well as for international actions of individuals, but the reasons for the disadvantaged position of bodies set up to monitor the realisation of human rights and social groups are in complex social processes and are structural in nature. fundamental freedoms; Therefore, methodological pluralism is recommended for observing and 4. Wider benefits: Reliable data are needed by organisations, such understanding complex processes and their effects, which undoubtedly as businesses, government agencies and trade unions, which include the field of discrimination, especially due to the frequent invisibility want to ensure that their policies and practices comply with the and inability to observe discriminatory practices in everyday life. This equal treatment laws, as well as for all those who want to design means the use of different methods of collecting and analysing equality awareness and communication activities based on quality data—both quantitative and qualitative. Both the former and the latter scientific research and data, as these are a reliable basis for methodological type have their advantages and disadvantages. For drawing attention to inequalities in society and for the effective example, quantitative methods are characterised by the capture of a larger implementation of such activities (Makkonen 2016: 19–22). number of observation units, the possibility of generalisation, repeatability and verifiability (i.e. the reliability of the obtained data), but these do not Equality data sources can be of different types and based on different data necessarily capture the inherent “truth” or “meaning” of the observed collection methods. Depending on who collects the data, they can be process. Qualitative methods, on the other hand, are characterised by an in-classified into official data collected and processed by various public depth focus on a smaller number of observation units. Here, the possibility 30 Ethnic Discrimination The Legislative Framework 31 of generalising the obtained data is significantly reduced, but the emphasis Among the surveys conducted at the EU level and involving Slovenia is on the interactions between individuals and their interpretation of the also important are surveys on discrimination within the Eurobarometer meaning of interactions in concrete life practices (i.e. obtaining valid data). polls and the specialised survey on minorities and discrimination in the Quantitative methods can thus give a numerical value to individual European Union, which has already been conducted twice by the European experiences of discrimination, for example in employment or rental Union Agency for Fundamental Rights (FRA 2017). Such surveys, which housing: a certain number (share) of people reported discrimination in a investigate perceptions of discrimination, and in particular the latter, which certain population and in a certain period. However, these methods, in includes research on exposure to discrimination or victimisation, are also contrast to qualitative procedures, find it difficult to establish that possible very important within the corpus of tools for researching the extent of discriminatory practices can also be carried out by employers or discriminatory practices in society. homeowners who are otherwise in favour of certain social groups (for example ethnic minorities, refugees), but their practices reflect the fear of losing customers or receiving dissatisfaction from neighbours (Payne The Anti-Discrimination Framework in Slovenia 2004; Wrench 2005). In terms of quantitative data, the most important official sources, which include data on racial, ethnic or religious affiliation of individuals, or at least As in other European countries, in Slovenia, respect for human rights and indirect variables such as country of birth or citizenship status, include: fundamental freedoms is guaranteed by the Constitution, according to population censuses; administrative registers (for example, the population which they shall be granted to everyone, irrespective of “national origin, register, the register of unemployed persons and other databases race, sex, language, religion, political or other conviction, material standing, maintained by public authorities and agencies); official surveys (for birth, education, social status, disability or any other personal example, Labour Force Surveys are conducted at the EU level and thus also circumstance” (URS 1991). As practice has shown that the Constitution in Slovenia, and Statistics on Income and Living Conditions); administrative protects against discrimination only formally, several laws have been registers of complaints received and cases handled (Makkonen 2016: 32– adopted in recent years, including the Protection against Discrimination 33). The official data thus collected can be used for several purposes, such Act ( Zakon o varstvu pred diskriminacijo – ZVarD), which aims to prevent as the design of samples for specialised research; to construct and monitor and eliminate discrimination on the grounds of all personal circumstances equality indicators that measure the position of individual groups in enshrined in the Constitution. different areas of social life, and the effects of policies and measures (socio-Some other laws also ensure equal treatment of certain groups or focus economic statistics can be used for this, such as data on activity or inactivity, on one personal circumstance. The Equal Opportunities for Women and unemployment, education, poverty risk); to investigate (in)equalities Men Act ( Zakon o enakih možnostih žensk in moških – ZEMŽM) is intended utilising regression analyses and other research methods (ibid.: 51). When to ensure equality between men and women, and its objectives explicitly it comes to constructing and monitoring the indicators, they can be state the improvement of the position of women. The Vocational constructed as process indicators or outcome indicators, as proposed by Rehabilitation and Employment of Persons with Disabilities Act ( Zakon o the Office of the United Nations High Representative for Human Rights. The poklicni rehabilitaciji in zaposlovanju invalidov – ZZRZI) prohibits first are indicators that enable monitoring of the implementation of discrimination on the grounds of personal circumstances of disability and individual measures (for example, the number of persons involved in provides for several positive measures, such as quotas for the employment individual measures, the number of implemented activities), and the of disabled persons. Moreover, the Equalisation of Opportunities for second type of indicators refers to the results of measures and the actual Persons with Disabilities Act ( Zakon o izenačevanju možnosti invalidov – position of individual social groups in individual areas of life (for example, ZIMI) covers a number of areas, pertains to accessibility, includes reducing unemployment within a social group covered by measures, definitions of discrimination and partially transposes the Convention on higher educational attainment, and the like) (Office of the United Nations the Rights of Persons with Disabilities. In addition, some laws provide equal High Commissioner for Human Rights 2012). treatment in certain areas of social life. The Employment Relationships Act ( Zakon o delovnih razmerjih – ZDR-1) protects against discrimination in the 32 Ethnic Discrimination The Legislative Framework 33 selection of candidates for and during employment and provides for was among the last to comment on this in its 2019 report on the situation exceptional cases when unequal treatment is allowed on the grounds of in Slovenia, pointing out that the authorities have strong reservations about personal circumstances, if this is necessary for the performance of work, i.e. collecting disaggregated equality data for the purpose of combating racial if an individual personal circumstance is an essential and decisive condition discrimination. But ECRI has also found that for work (such an example would be, for instance, the Jewish religion for the position of a rabbi or knowledge of the Romani language in “Despite this, some research projects by NGOs and academia, kindergartens for Roma children). Furthermore, discrimination or benefiting from public funding, were able to collect some detailed violation of equality is punishable under the Criminal Code ( Kazenski data, even if anonymised, on vulnerable groups. This shows that zakonik – KZ-1), and certain discriminatory offences are sanctioned under protecting personal data while still collecting disaggregated data is Article 20 of the Protection of Public Order Act ( Zakon o varstvu javnega possible just as data on gender, age and other characteristics are reda in miru – ZJRM-1). obtained by the authorities in their censuses or through other There is no special legal framework for collecting data on equality in means.” Slovenia. The current Personal Data Protection Act (Zakon o varstvu osebnih podatkov – ZVOP-1), which regulates the collection and processing Therefore, ECRI reiterated its recommendation: of personal data, defines data on racial or ethnic origin and religious belief as sensitive personal data that can only be processed in certain cases. “[T]hat the authorities gather disaggregated equality data for the Among other things, they may be processed if the individual has given their purpose of combating racial discrimination. If necessary, the explicit personal consent, which is usually in writing but also determined authorities should propose legislative clarification to ensure that by law in the public sector, as well as if another law so provides for the data is collected in all cases with due respect for standards on data exercise of public interest. In Slovenia, therefore, the regulation is very protection, including principles of confidentiality, informed consent restrictive, and data may not be processed in the public sector without an and voluntary self-identification.” (ECRI 2019: 21) explicit legal basis, but this prohibition does not apply outside the public sector when an individual explicitly consents to data processing. It should The Personal Data Protection Act (ZVOP-1) was adopted in 2004 and thus be noted that at the time of writing, ZVOP-1 is still in force but ZVOP-2, the 2002 Census is the last major statistical survey that recorded the ethnic which will allow for the collection of equality data (through the processing or religious affiliation of individuals in the Republic of Slovenia. For of personal data, for example through anonymisation), has already been example, this Census was the last time data on economic activity and sent to the legislative procedure. education were obtained according to ethnic and religious affiliation In a comparative perspective, the practices of obtaining data on equality (Šircelj 2003). Silberman and colleagues (2007: 6) describe in the case of in the Member States of the European Union appear to be differently France how “the spirit of Republicanism pervades state practices to the developed. A 2017 survey examining the legal framework and mechanisms extent that government data contain no questions about ethnic or racial in place to collect such data in the EU28 showed that the United Kingdom self-classification, in strong contrast to U.S. census practices.” has the best and most complex infrastructure for collecting equality data, Simultaneously, as part of the implementation of anti-discrimination followed by Finland and the Netherlands. These are also the only countries policies, the European human rights institutions are calling for a identified as having successful equality data collection systems. They are reconsideration of the choice of “colour-blind” statistics (Simon 2012), of followed by Ireland and Portugal with solid data collection mechanisms. In which Slovenia is also a part. The most documented case is the absence of general, only nine countries are ranked above the EU28 average, with statistics on the Roma population, while recently more and more voices Slovenia recognised as one of the three countries with the weakest equality have been heard about the lack of monitoring of immigrant children’s data collection systems (Huddleston 2017: 3). The unsatisfactory situation (under)performance in schools (see, for example, Sedmak et al. 2022). confirmed by the research mentioned above has been stressed for years by There is little data on equality, including the extent of discrimination on international bodies that monitor the exercise of human and minority racial, ethnic, national or religious grounds, in Slovenia. This also applies to rights. The European Commission against Racism and Intolerance (ECRI) areas where policies and measures are being taken to improve the situation 34 3 Et E h t nic c Discr c i r mi m nat a i t on The Legislative Framework 35 3 of individual groups of the population. As an example, the National Conditions, processes data according to the citizenship or possible Programme of Measures of the Government of the Republic of Slovenia for immigrant background of the respondents, but it was not possible to Roma (NPUR) for the period 2017–2021 is a key national document of observe that the data obtained in this way would be further analysed by action policies aimed at improving the position of members of the Roma research organisations in Slovenia for the purpose of identifying possible community in Slovenia in various areas of life (for instance, education, indications of discrimination against immigrants or persons with foreign employment, living conditions and access to housing). It is also the only citizenship (cf. Brezigar 2017b). document in the country that addresses the needs of an individual ethnic community. This document states that some institutions (for example, the Employment Service of Slovenia, schools, and social work centres) have some data, but in Slovenia, “concrete data that would show progress in the field of the position of members of the Roma community and their greater social inclusion since the adoption of the NPUR 2010–2015 until today, we do not have them and in accordance with the constitutional regulation and legal norms in the field of personal data protection we do not collect them” (Vlada Republike Slovenije 2017: 6). The evaluation of the first year of implementation of the measures from the mentioned programme thus emphasised the lack of adequate data for comprehensive monitoring of the situation of the Roma population and measurement of the effects of the implemented measures. As far as the indicators envisaged in the programme are concerned, the evaluation found that process indicators mostly prevail, which monitor, for example, the number of people involved in an individual measure or activity or the number of implemented activities (training, workshops, consultations). However, indicators of the second type are missing (impact or outcome indicators), which measure the change in the actual situation of the Roma population in individual areas of life and thus also the effects of individual measures. The evaluation also drew attention to the fact that relevant data are particularly needed to monitor the situation of groups facing complex inequalities and social exclusion in most areas of life. As unfavourable conditions in different areas interact, without good data, it is significantly more challenging to assess the effects of individual measures (Mirovni inštitut 2018: 10–14). Since 2011, the Statistical Office of the Republic of Slovenia has been conducting registry population censuses, obtaining data on citizenship or possible immigrant background of residents (the first residence of a person or one of the parents abroad) (Žnidaršič 2022). Such data are useful as proxy data for monitoring the situation of this population group, but they can in no way completely replace data broken down by ethnic or religious affiliation. The loss of the latter, for example, makes it impossible to monitor the social position of specific ethnic and religious communities. In general, it can be noted that the Statistical Office also in its other important surveys, such as the Labour Force Survey and the Statistics on Income and Living 3 DATA Models of Data Collection Discriminatory practices are challenging to observe directly and even more difficult to measure. Hence, reasoning about the existence of unequal treatment practices and the prevalence of such practices in society requires considerable research skills (Blank et al. 2004), which also depend heavily on available data. To the extent that they exist, the data always include the construction of ethnic, racial or religious categories that can be used for different purposes and always reflect the social and political dynamics of a particular time and space. Thus, to measure discrimination, researchers need to answer the question of what would happen to an individual person X if they were of other ethnicity, skin colour, religion, and the like. In statistics, counterfactual analysis is the dominant causal paradigm, and a hierarchy of data collection approaches exists when it comes to causal inference. Randomised controlled design is at the top of the hierarchy in terms of rigour and control. Next in the hierarchy are observational studies, which may contain data from a single sample survey, multi-wave sample surveys, detailed case studies and other types of data. As any causal link in discrimination is difficult to prove, Blank and colleagues suggest using a combination of different methods (ibid.: 77–85). The combination of methods is also at the core of this publication. Ways of counting ethnic, national, religious, etc. “affiliation” and classification systems vary considerably among countries. Namely, the statistical constructions of ethnic categories refer to many different situations that transcend the framework of state borders, which makes any 38 Ethnic Discrimination Data 39 attempt to generalise more difficult. The reasons lie mainly in historical and equality of social groups (Simon et al. 2015: 3). Individual listed practices social peculiarities and in political dynamics, which all shape racial or may co-exist in a particular country or follow each other historically. ethnic, national and religious stratification. Territorial conquests, At the EU level, the adoption of anti-discrimination directives has begun annexations, redefinitions of borders or migration have historically placed to promote data collection practices of the last, sixth type. Within the High-certain groups in a minority position. Simon, Piché, and Gagnon (2015) Level Group on Non-Discrimination, Equality and Diversity, the Subgroup offer a comparative and global perspective of the production and use of on Equality Data was established in 2017. In 2018, it published Guidelines ethnic statistics and seek to answer questions about who counts and for to improve the collection and use of equality data, stating that, for historical what purpose. They emphasise the link between population censuses and reasons, the collection of personal data disaggregated by personal identity politics and argue that measuring ethnic and racial affiliation is a characteristics of individuals, such as racial or ethnic origin, is a particularly tremendous challenge. Measurement problems are not only technical but sensitive issue in many European countries. However, the Subgroup recalls are related to competitive claims within society (Simon et al. 2015: 2). that equality data is an important tool in monitoring the implementation of Simon and colleagues proposed a typology that includes six methods of legislation and policies to promote equality and non-discrimination and counting based on ethnicity in official statistics. In the case of the first two progress on the ground. A similar group has been set up under the auspices types of counting or collecting such data, there is no such data, as ethnicity of the Ministry of Foreign Affairs in Slovenia. is not part of the official statistical production. The first type involves the Statistics on ethnic (and racial) affiliation are broadly used in many absence of counting associated with the nation-building process, where the countries across the world but not in the western part of Europe. According homogenisation of the population is conceived as a condition for national to an article reviewing the collection of ethnic statistics in Europe, this cohesion (see, for example, Gellner 1983; Hobsbawm 1990), and ethnic discrepancy can be explained by legal prohibitions related to personal data fragmentation is understood as a threat to national cohesion. Ethnic protection, and the reasons are also the political unwillingness to recognise and emphasise ethnic diversity in official statistics (Simon 2012: 1366). “particularisms” are belittled as unwanted signs of fragmentation and Data that reveal ethnic origin or religious affiliation are prohibited from should disappear in the inevitable process of assimilation or be preserved being processed, but there are several exceptions. General Data Protection only in an unaffirmed representation of society. Ethnic categories are Regulation (OJ 2016) provides, for example, that the data subject may give avoided by statistics for the same reason ethnic communities are their explicit consent to the processing of personal data for one or more considered to threaten the cohesion of the nation-state (Simon et al. 2015: specific purposes, except where European Union law or the law of a 3). The second case is the absence of counting in the name of Member State provides that the data subject may not derogate from the multiculturalism, where the absence of such a practice is not conditioned general prohibition. The processing of sensitive data is also permitted for by processes of national unification but by a positive evaluation of the reasons of overriding public interest under EU law or the law of a Member mixing of cultures. The third type, counting for dominance, is associated State, which is proportionate to the objective pursued, respects the essence with the notion of ethno-cultural superiority and the processes of of the right to data protection and provides appropriate and specific colonialism and imperialism. The fourth type is a mirror image of the measures to protect the fundamental rights and interests of the data second type, where the counting is performed in the name of subject. It makes sense to emphasise the existence of exceptions due to the multiculturalism or a positive evaluation of the culture mixing and diversity. existing narrow explanations, also in Slovenia, which understand the ban In the fifth type, counting for survival, vulnerable minorities use statistics to on the processing of data on the grounds of skin colour, ethnicity or religion demand greater social power that can enable them to preserve their as absolute or non-exclusive. To the extent that data on discrimination on cultural specificities. In the sixth type, which historically appears only racial, ethnic or religious grounds exist, they are primarily obtained from recently, the counting takes place for justifying positive action, and this type surveys conducted at the EU level (Eurobarometer, EUMIDIS survey on represents the opposite of the racist and discriminatory perspective minorities and discrimination in the European Union by the European characteristic of the third type. In the latter type, data collection practices Union Agency for Fundamental Rights), from individual surveys of based on, for example, racial or ethnic categories, which may also have researchers and research organisations in Slovenia, and more recently also arisen in another context, are embedded in a broader policy of ensuring the from the Advocate of the Principle of Equality. 40 Ethnic Discrimination Data 41 Sources of Equality Data in Slovenia for linking to administrative databases in public sector management in the areas, such as statistics, home affairs, health and health insurance, employment and monitoring of the workforce, justice, education and social In this section, I present an analysis of Slovenia’s equality or discrimination protection. The Register contains personal data of individuals that can be data sources covering the period up to 2020. Counting or not counting used for further statistical and research purposes. For example, the ethnicity always brings epistemological and methodological dilemmas Statistical Office of the Republic of Slovenia uses the Register as one of the (Simon 2012). As already mentioned, the European Commission key data sources during the implementation of the administrative census of emphasises the key role that statistics play in activating anti-discrimination the population and households in Slovenia. The Register is also used as a policies and increasing their capacity to ensure social cohesion and model framework for important research, such as the European Social promote diversity and equality. The advantage of official data sources is that Science Survey, which is regularly conducted at the Faculty of Social they are collected in a long-term and methodical way, thus enabling Sciences of the University of Ljubljana, or the European Union Minority and comparisons and conclusions about trends, which pilot studies can in no Discrimination Survey (EUMIDIS), which has been carried out twice by the way do. EU Fundamental Rights Agency. From the perspective of equality monitoring, data on place of birth and citizenship contained in the Register are important, but do not include data broken down by ethnicity or religion. The Official Data Sources Another important official data source is the Register Census of Population, Households and Dwellings. It is an administrative census based on existing administrative sources, such as the Central Population Register, Within the regular, periodic and longitudinal data collection framework, the statistical register of the working population, the household register the Central Population Register is undoubtedly in first place among official and the real estate register. The provider of the statistical survey is the sources in Slovenia. It is an administrative register in which data is collected Statistical Office of the Republic of Slovenia. The data are collected systematically and continuously and it is managed by the Ministry of the periodically every four years. Even the Register Census does not provide Interior. The Register is a computer-controlled database made up of data that would be broken down by ethnicity and religion. The last census, individual records. In the Register, population data are collected, processed, which collected data on the religious, linguistic and ethnic composition of stored and used centrally to monitor the situation and population the population, was in 2002 (see, for example, Šircelj 2003). From the movements for the needs of state bodies and other users that need to perspective of equality data, the relevant data are broken down in the perform prescribed tasks or to manage databases, and to conduct Register Census by citizenship, first residence (where the person’s mother statistical, socioeconomic and other surveys, for which they have a legal had her residence at birth) and status of the person (residents with basis. It is the central database on citizens who have permanent or immigrant background, i.e. immigrant and direct descendant of temporary residence in the Republic of Slovenia and foreign citizens who immigrants). have a permanent or temporary residence permit in the Republic of The Statistical Office also collects data on the situation and changes in Slovenia. It also contains data on citizens who are permanently or the labour market on a continuous, quarterly basis, where the key statistics temporarily absent for more than three months; and persons who do not are unemployment rate, labour force participation rate, the number of have a permanent or temporary residence permit in Slovenia but have unemployed and the number of persons in employment (see, for example, certain rights or obligations in the field of pension and disability insurance, Tomažič and Zaletelj 2021). As in other surveys, in the Labour Force Survey, taxes, for humanitarian reasons or in another field, if so provided by law. from the perspective of equality, relevant data are broken down by Therefore, the Register also contains data on the migrant population and citizenship and country of birth, but the data obtained are not broken down persons with international protection, i.e. refugees. The data kept by the by ethnicity and religion. The same applies to the Living Conditions Survey, Central Population Register are, for example, the unique personal which publishes data on the quality of life of various socio-economic identification number, place of birth, name and surname, citizenship, categories of persons and households in Slovenia in terms of the residence and type of residence, marital status, education, and identifiers distribution of disposable income among households, relative poverty and 42 Ethnic Discrimination Data 43 social exclusion, with emphasis on those most at risk of poverty, material been conducting the Slovenian Public Opinion (SJM) survey for a number of deprivation and unemployment. Important published statistics are, for years, and is part of important international longitudinal research, such as example, the at-risk-of-poverty threshold, the at-risk-of-poverty rate, the at-European Social Survey (ESS), European Values Study (EVS), World Values risk-of-social exclusion rate, and so on. Survey (WVS) and the International Social Survey Programme (ISSP). It is a An important data source for research on discrimination are the annual quantitative sample study from which the scientific literature often draws. reports of the Advocate of the Principle of Equality published once a year, From the perspective of equality data, for example, measurements of social with a quantitative review of cases of alleged discrimination in individual distance are relevant (questions such as “Who you would not want as a areas of social life and according to individual personal circumstances that neighbour?”) as well as attitudes of respondents towards immigration, were the basis for alleged discrimination. The Advocate collects data on refugees, Roma, and in some instances, surveys also measure experiences cases dealt with by inspectorates, the Ombudsperson and the Police and of discrimination or belonging to groups exposed to possible monitors the situation regarding discrimination in the country in general. discrimination (for example, belonging to an ethnic and religious minority, In 2017, the Advocate carried out a national survey on perceptions and immigrant population). experiences of discrimination. The findings of the opinion poll show that Data for Slovenia are occasionally and to a more or less limited extent respondents most often understand discrimination as unequal treatment also included in various international statistical databases. One of the best due to skin colour or race (19 per cent), unequal treatment in general (16 known is the European Union Minorities and Discrimination Survey per cent) and unequal treatment due to religion (15 per cent). In doing so, (EUMIDIS) used by scientific research on ethnic discrimination (see, for a single answer could be placed in more than one category (Advocate of the example, Wrench 2011). This is a periodic survey of the European Union Principle of Equality 2018: 40). Once a year, the Ombudsperson also Fundamental Rights Agency (FRA), which has been carried out twice so far, describes in a report the situation in the field of human rights in Slovenia, in 2008 and 2015/16, and is being carried out at the EU level. In Slovenia, including the topic of discrimination or equal opportunities, as follows from selected minority communities were included in the survey of perceptions the considered cases regarding race and ethnicity. The Ombudsperson’s and experiences of discrimination and hate crimes, namely in 2008 Serbs, reports contain quantitative and qualitative data (statistics on cases dealt Bosniaks/Muslims (in terms of ethnicity), and in 2015/16 recent with, descriptions of individual relevant cases, assessment of the situation immigrants, i.e. persons who immigrated from countries outside the EU or in a particular area) (see, for example, Varuh človekovih pravic 2022). EEA/EFTA in the ten years before the survey, including a special analysis of Although the Government of the Republic of Slovenia reports on the members of the Muslim religious community. EUMIDIS is the largest and situation of the Roma community in Slovenia on an annual basis, data that only survey at the EU level that focuses on perceptions and experiences of could indicate the actual situation of the Roma community (for example discrimination against members of minority communities. Unlike other employment rate, unemployment rate, education, school success, dropout surveys, such as the Slovenian Public Opinion (SJM), which have a sample of rate, etc.) are not broken down by ethnicity (see, for example, Vlada the general population of individual countries, here, the sample is Republike Slovenije 2021). Similarly, the reports of the Foundation for composed exclusively of a minority population. The survey examines Political, Economic and Social Research (SETA) focus on only one minority perceptions of the prevalence of discrimination in each country, community. Namely, the Foundation publishes its annual report with experiences of discrimination against minority communities in various qualitative data on Islamophobic incidents. As the name suggests, the European Report on Islamophobia focuses on the Muslim religious areas of social life (employment, education, access to housing, access to community (see Frank 2020). health services, access to other services such as restaurants, hotels or nightclubs), hate-crimes experience, contacts with the police and awareness of rights in case of violations. Survey Research Among the quantitative sample surveys, special Eurobarometer surveys on discrimination commissioned by the European Commission should also be highlighted. Eurobarometer surveys have been conducted The Centre for Public Opinion Research and Mass Communications periodically since 2002 and measure perceptions of the prevalence of (CJMMK) at the Faculty of Social Sciences of the University of Ljubljana has discrimination and the experience of discrimination against the general 44 Ethnic Discrimination Data 45 population in the individual Member States, according to different personal quarters of respondents had no experience of employing Roma, but 34.3 circumstances. A regular part of the survey is also a survey of respondents’ per cent of employers thought that the statement that Roma are opinions on equal employment opportunities. Individual surveys include irresponsible and unreliable was mostly true and 11.1 per cent thought it specific thematic sets (the 2012 and 2019 surveys, for example, also was completely true. Only 7.1 per cent of employers thought it was mostly focused on perceptions of the Roma population and measures aimed at not true and 1 per cent thought it was not true at all. More than half of the improving their social situation). It also includes a survey of the willingness respondents also believed that members of other religions (not Catholic) of respondents to consent to collecting their personal data, if this would should adapt to the holidays in Slovenia or that it does not make sense to contribute to anti-discrimination efforts. encourage the display of religious affiliation at work. Most employers Important sources of data for research on discrimination are also claimed that all workers in their company were treated equally, regardless reports of the European Commission against Racism and Intolerance of religious belief, but disagreed that religious affiliation should be (ECRI), the reports of the Council of Europe’s Commissioner for Human demonstrated in the work environment. A third of them said that their Rights, the shadow reports of the European Network against Racism organisation adjusts to the diet or regular annual leave that workers of (ENAR), the Reports of the European Network of Legal Experts on Gender other religions can take on their religious holidays (Žagar 2007). Equality and Non-Discrimination and the conclusions of the United Nations A survey of Muslim women and men in Slovenia showed that 34 per (UN) committees: The UN Committee on the Elimination of Racial cent of respondents perceived their environment as intolerant of Muslims Discrimination, the UN Committee on Human Rights, the UN Committee on and that 60 per cent of respondents experienced one of the forms of Economic, Social and Cultural Rights, and the UN Committee on the Rights adverse reaction to their religious affiliation (Bajt 2008). Another study of the Child. presented the experiences of covered Muslim women living in Slovenia. Interviewees believe that Islamophobia has increased in recent years, both indirectly in political and media discourse and online, as well as directly One-off Research because they perceive distance in interpersonal communication, on the street, when visiting shopping malls or healthcare facilities, and report employment restrictions (Pucelj 2017). In addition to the listed data sources collected longitudinally, several unique Research among immigrants (Komac 2007) showed that 41 per cent of surveys and projects can be used as a data source for research on respondents experienced discrimination in the workplace, 31 per cent in discrimination based on ethnicity, skin colour, nationality or religion in job search and 20 per cent by the police (cf. also Pajnik and Bajt 2011). The Slovenia. shadow report of the coalition of non-governmental organisations on Despite the above legal bases, research data show that the extent of economic, social and cultural rights in Slovenia highlighted discrimination discrimination in Slovenia is high. A survey by the then Office for Equal and social exclusion of the Roma population, infringement of the rights of Opportunities showed that among 1,820 respondents, 8.31 per cent of men migrant workers, the precarious position of the erased and the lack of and 5.14 per cent of women were harassed due to ethnic or racial affiliation, regulation in the field of protection against discrimination (Ramšak et al. while 2.61 per cent of men and 2.65 per cent of women were harassed 2014). because of their religious affiliation (Urad za enake možnosti 2007). A In the 2017 Perception of discrimination in Slovenia – Public Opinion Poll, survey conducted among employers and politicians on attitudes towards carried out by the Advocate of the Principle of Equality, according to discrimination (Žagar 2007) showed that both groups of respondents respondents, the most widespread discrimination in Slovenia is based on believe that in Slovenia, the most widespread discrimination is based on ethnicity, sexual orientation, religion and social status, with the most sexual orientation, followed by discrimination based on age. These forms common targets being Roma, followed by homosexuals, refugees and are followed by discrimination based on ethnicity and then religion. Among members of the lower social class. The survey also examined experiences employers, for example, the majority (74 per cent) of respondents stated of discrimination, willingness to report unequal treatment, and awareness that they do not give priority in employment based on national or ethnic of the existence of legislation in the field of protection against affiliation, but a third would still give preference to Slovenians. Three-discrimination and of equality bodies (Advocate of the Principle of Equality 46 Ethnic Discrimination Data 47 2018). The Advocate upgraded these results with another public opinion contributes to perpetuating discriminatory stereotypes about the Roma poll on discrimination Perception and Experience of Discrimination in population. Roma are perceived as dirty and are not welcome in public Slovenia in 2020, which was again performed on a representative sample places. A special report by the Ombudsperson on the living conditions of (Advocate of the Principle of Equality 2021). Compared to the results of the Roma in south-eastern Slovenia also found that the situation in Roma 2017 Public Opinion Poll, there is a very high tolerance for a work colleague settlements hinders the exercise of human and special rights of the Roma who would be a foreigner and would speak Slovenian language well, and in community (Rovšek 2012). According to the Ombudsperson, several supporting their child’s marriage to a person of another ethnicity or skin municipalities, which are otherwise responsible for regulating the situation colour. These results are consistent with findings on the attitudes of the in these settlements, are not efficient enough, and the reasons include the majority population towards immigration and immigrants, which also resistance of the majority population and the complexity of the procedures. showed the importance of acquired language skills, or attributing greater In addition to living conditions and prejudices, discrimination against the importance to cultural rather than socio-economic threat (Medvešek et al. Roma community is also evident in the education system. For example, a 2022). Compared to 2017, the survey of the Advocate of the Principle of teacher survey showed that schools mostly lack didactic material in the Equality shows higher tolerance towards the Roma. In the first place, Romani language and that such material is also of relatively poor quality among the personal circumstances, which according to the respondents (Vonta 2011). A 2006 survey of almost half of the Roma population aged are the most common reason for discrimination, are again race or ethnic 15–45 found that a substantial majority (85 per cent) of respondents failed origin—treated together (45 per cent), followed by sexual orientation (39 to complete primary education. Almost a third of respondents from the per cent) and political belief (25 per cent). According to as many as 70 per Kočevje area never went to school, which is twice as many as in Dolenjska, cent of the population of Slovenia, discrimination is most widespread in and 11 per cent of respondents from Bela Krajina attended special work and employment, followed by judiciary and social security with 38 programme schools—a much higher level than elsewhere. At the time of per cent and police procedures with 36 per cent. According to respondents, the survey, only 7 per cent of respondents were employed. 31 per cent cited the most common targets of discrimination are homosexuals (24 per cent) a lack or low level of education as the reason for unemployment, while 28 and Roma (24 per cent), followed by the poor (21 per cent), foreigners (20 per cent cited belonging to the Roma community (Babič Ivaniš 2006). per cent) and women (19 per cent) (Advocate of the Principle of Equality Another research—based on many years of fieldwork in collaboration with 2021: 135–137). Roma families—found that “children’s educational paths end in predictable Most research, which primarily demonstrates a rather worrying ways: with feelings of rejection and incompetence in children, learning situation, has so far been conducted on the situation of the Roma difficulties, attributed special needs, segregation and early school leaving” population, which according to the constitutional order in Slovenia, has the (Klun and Bartol 2021: 66). Although we read about the principle of status of a special community but is not recognised as a national inclusion in laws and government strategies, Roma culture is constructed community—a recognition afforded to Italian and Hungarian minorities. A as insurmountably different, and “Romaness” as a problem that must be report by Amnesty International (2011) covers cases of discrimination solved or a deficit that must be eliminated (ibid.). against Roma and reports that members of Roma communities are Therefore, rich literature and research in Slovenia exist on regularly prevented from buying or renting housing outside their discrimination in various fields, such as law, sociology, psychology, social settlements. In addition, Roma families face barriers to accessing non-profit work, history and education. We can find different definitions of housing, including a lack of relevant information, prejudice and different discrimination. Kogovšek and Petković (2007: 11), for instance, stress that criteria for allocating non-profit rental housing. The Amnesty International discrimination can arise due to active or passive behaviour: report also found that the competent authorities had failed to ensure effective monitoring and institutional mechanisms to combat “In the first case, we commit an act that discriminates against discrimination and adequate remedies for victims. The United Nations someone, and in the second case, we abandon certain actions that Special Rapporteur Catarine de Albuquerque, who visited Slovenia in 2010 could prevent discrimination. Discrimination can also occur in cases and emphasised the vulnerability of the Roma population in terms of where different persons or groups are treated in the same way, access to safe drinking water and sanitation, stressed that this further without taking into account differences that require different treatment.” 48 Ethnic Discrimination Data 49 Discrimination can occur directly or indirectly, at the individual or Research by institutions monitoring the phenomenon of racism and institutional level but is most often multifaceted and covers different social intolerance, such as the European Network against Racism, shows that levels and personal circumstances (see, for example, Kuhar 2009; Kuhar migrants belonging to ethnic and religious minorities are more likely to be and Pajnik 2022). The first major study on intersectional discrimination in employed in lower-paid jobs and are usually paid less than their colleagues Slovenia demonstrated that situations of multiple discrimination are not who are representatives of the majority population (ENAR 2014). This the result of a lack of “luck” or individual shortfall but are the consequences discrepancy is particularly evident for Roma and non-EU immigrants. of the social division of power and relations of domination, which the Similar findings are made by scientific research (Bajt 2008; Medvešek and mainstream social groups keep unchanged through institutions, practices, Bešter 2010; Medica and Lukić 2011; Pajnik and Bajt 2011; Brezigar 2012, norms, relationships and knowledge (Hrženjak and Jalušič 2011: 115). In 2015, 2017a, b; Zdravković 2015; Cukut Krilić 2016), which add Muslims to the case of the Roma, discriminatory and exclusionary processes based on the most discriminated groups, whose exclusion is often the result of racism, culturalisation and Balkanisation work in different ways. The Roma intersection, as they are more often immigrants and simultaneously are a social group predominantly exposed to absolute poverty and poor members of a minority ethnic, national and religious group. A review of the housing conditions that are far below the standards of the European literature (Dragoš 2003, 2004; Pašić 2005; Zalta 2005, 2006a, 2006b; average. In addition, they often find themselves in precarious legal statuses Vrečer 2006; Kalčić 2007; Bajt 2008; Bobnič and Vezovnik 2013; Pucelj due to frequent migration, poverty, low literacy rates and integration into 2017) shows that despite the growth of literature in recent years, the the prevailing culture (ibid.: 63–64). position of Slovenian Muslims remains on the fringes of academic research. Discrimination is usually deeply rooted in the culture of a society in the However, official statistics show that the share of Muslims in Slovenia has form of stereotypes, prejudices, intolerance and hatred. Several authors risen since the last census, making Islam the second-largest religion. To (Kuzmanić 2002; Ule 2005) emphasise that modern prejudices and understand the elusive practices of religious discrimination and the stereotypes differ from traditional ones, as they are now mainly based on processes of ethnic exclusion, researchers emphasise that the treatment of culture and cultural differences (education, cultural level, religion, physical Muslims is not only racist and burdened with orientalist and sexually and mental health, lifestyle, etc.). Discrimination is also associated with a discriminatory misconceptions, but their position in Slovenia is further lack of information about certain social groups, fear of the unknown, and a intertwined with ethnic prejudice (Dragoš 2003, 2004). Research confirms striving to overcome one’s sense of inferiority. Since the 1991 proclamation the marginalisation of Muslim men and women and their social, economic of independence from federal Yugoslavia, one of the main (political) and symbolic exclusion (Bajt 2011). frameworks for justifying discrimination in Slovenia has been related to At a time of global transnational migration and the crisis facing Europe, placing Slovenian national identity in the context of Europe (i.e. research on the phenomena of exclusion based on ethnicity, skin colour, progressiveness, democracy) and separating it from everything related to nationality and religion is essential, which is reflected in the growth of such literature in Slovenia (cf. Bajt 2008, 2016; Cukut Krilić 2008; Kralj 2008; Yugoslavia, the Balkans (i.e. backwardness, primitiveness). Moving away Medvešek and Bešter 2010; Medica and Lukić 2011; Pajnik and Bajt 2011; from the Balkans is associated with the desire to “cleanse” the nation, i.e. the Kogovšek Šalamon and Bajt 2016; Stropnik et al. 2016; Kogovšek Šalamon separation of “true Slovenians” from “southerners”, the erased, Muslims, 2017; Zavratnik and Cukut Krilić 2018). Research suggests a rise in which in everyday life creates discrimination on the grounds of ethnicity, nationalist economic protectionism, xenophobia, Islamophobia, “race” and religion (Pajnik et al. 2018). One of the more important studies homophobia, hate speech, and racist attacks on foreigners and minorities in this field is still the 2005 research by the Institute for Ethnic Studies (Frank and Šori 2015; Bajt 2021b). Several studies have confirmed the Perceptions of Slovenian Integration Policy (Komac and Medvešek 2005), exclusion and discrimination of persons with citizenship outside the which pointed to the “existence of discriminatory behaviour of Slovenians European Union, the so-called third-country nationals (Medvešek and towards members of ethnic communities from the former Yugoslavia” Bešter 2010; Medica and Lukić 2011; Pajnik and Bajt 2011). Medvešek and (ibid.: 284). Yet it also stressed that “there is no completely open Bešter note that in their research, some interviewees confirmed that they discrimination on the grounds of ethnicity,” thus “these relations belong to face harassment and discrimination, with African immigrants in a the area of subtly disguised ethnic intolerance and/or discrimination. particularly worrying situation, who face racist outbursts in the work However, these phenomena are difficult to detect and even more difficult to prove” (ibid.: 233). 50 Ethnic Discrimination 51 environment due to the colour of their skin. The research also showed that it is challenging to land a job without knowledge of Slovenian, and lack of language proficiency is also a key obstacle to the inclusion of immigrant children in the education system. Half of the interviewees faced discrimination and exploitative practices from potential landlords when looking for their first apartment and further relocations. The authors also note that the area of access of third-country nationals to healthcare is neglected in public policies and that overt or covert discriminatory attitudes of healthcare professionals towards patients, often due to language barriers, exacerbate real problems and lead to inequalities between immigrants and the local population in access to health services (see, for example, Lipovec Čebron 2021). 4 We can conclude the review and analysis of previous research and relevant literature in the field of discrimination on the personal circumstances under investigation by declaring that in Slovenia, there are EXPERIENCE WITH DISCRIMINATION mainly data on attitudes (for example, public opinion polls) and various in-depth, qualitative analyses related to discrimination, xenophobia, racism, Islamophobia, etc. However, there is a lack of data directly derived from the experiences of individuals. Therefore, based on real needs, the present publication addresses this shortcoming. By analysing the situation from the available sources, it is thus possible to identify the areas of life from which Experiences of discrimination are often studied through surveys usually the highest probability of discrimination arises against persons based on conducted cross-sectionally or longitudinally to observe relations and ethnicity, skin colour, nationality or religion. These areas are work and changes over time. Surveys can provide helpful information on intergroup employment, social and health care, education, and access to goods and relations, beliefs, and attitudes. However, they do not measure services. These areas of life also coincide with those highlighted in the discrimination. In addition, results can be influenced by many factors, such already mentioned Racial Equality Directive. as the form and wording of the questions and the various nuances of understanding of discrimination (see, for example, Brown 2001). Therefore, a number of authors suggest the simultaneous use of several different methods to boost the validity of research results (Blank et al. 2004: 165–172; cf. Hlebec and Mrzel 2012). Methodological literature advises to use available government administrative data for research, which are often publicly available and usually do not burden researchers with additional cost. However, such data also have several limitations, as they are collected within the framework of legal requirements and for administrative purposes, but not for social science research. Researchers in Slovenia still lack such data, as official statistics are not broken down by ethnicity and religion. Another possible source of data cited by the relevant literature for discrimination research is in-depth interviews, which often provide a rich set of information, although this is non-representative and has only a limited reach (Blank et al. 2004). Also, in the NIEM study, we determined the experience of discrimination based on interviews with persons who 52 Ethnic Discrimination Experience with Discrimination 53 had been victims of discrimination on the grounds of one or more of the gradually decreased. The exceptions were the lowest (“I have no income of discussed personal circumstances, i.e. ethnicity, skin colour, nationality and my own”) and the highest (“more than 2,400 euros”), where the number of religion, whereas in the Reducing Discrimination research an online survey answers slightly increased. Regarding the type of settlement the and expert interviews were used. Data based on interviews are presented respondent comes from, most of them were from a large city, i.e. Ljubljana in Chapter 6, and here, we analyse the data obtained from the online survey. or Maribor (39.5 per cent), less from a small town (22.1 per cent), a rural The responses of the surveyed persons give us an insight into the settlement (21.2 per cent) and a small town (17.2 per cent). A significant dimension of experiential or perceived discrimination. We do not majority of respondents lived in the Central Slovenian Statistical Region generalise the results of the survey and treat them only as an additional (45.7 per cent), followed by Podravska (12.1 per cent), Gorenjska (7.9 per dimension that assists in revealing experiences of unequal treatment while cent), Savinjska (7.1 per cent), Obalno-Kraška (6.7 per cent), Southeastern maintaining openness to different interpretations (cf. Uhan 2002). Slovenia (5.8 per cent), Goriška (4.6 per cent), Carinthia and Pomurska (2.5 per cent each), Primorje-Notranjska (2.1 per cent), Posavska (1.9 per cent) and Zasavska (1 per cent). Of those respondents who answered the gender Sample and Finding the Respondents question, the majority were women (77.7 per cent), much fewer men (21.4 per cent), and five people who defined themselves as non-binary, trans woman, trans-gender person and one invalid and one missing answer. The survey questionnaire was designed and published on the 1ka.si 89.3 per cent of the participants were born in Slovenia, and 10.7 per website, with an introductory note in which the purpose of the research cent were born elsewhere—mainly in the countries of the former was presented, and the concept of discrimination was explained. The Yugoslavia (Bosnia and Herzegovina, Croatia, Serbia, Montenegro, online survey was active from 16 July to 30 September 2021. During this Macedonia). Other countries mentioned by respondents as their country of time, the 1ka online panel system registered 1,676 clicks on the birth were Barbados, Congo, France, Germany, Great Britain, Iraq, Italy, introductory note, of which 824 people started filling out the survey. Ten Liberia, Nigeria, Poland, Russia and Ukraine. The same percentage (10.7 submitted a blank survey, while the rest either completed it fully (513) or per cent) of respondents did not speak Slovenian as their mother tongue. only partially (305). There was a total of 818 relevant units. These 8.2 per cent spoke two mother tongues. The share of those whose parents responses were treated equally regardless of whether the survey was were born in other countries was higher, namely 27.1 per cent for the father completed or not (n values above the graphs represent the number of valid and 21.4 per cent for the mother. Most of the respondents who provided responses to each question). information on the country of birth of their parents, mentioned the The people who responded to the questionnaire and provided their countries of the former Yugoslavia and some others (in addition to the ones demographic information were, on average, 43.6 years old, the youngest mentioned above, the USA, Kosovo and Austria). was 16, and the oldest was 78. The majority of the respondents answered 818 people answered whether they belonged to any potentially that the highest level of education they had attained was university (36.1 underprivileged social groups (it was possible to choose more than one). Of per cent), then four-year secondary school (21.8 per cent), master’s degree, these, the majority self-categorised as belonging to a national or ethnic doctorate or specialisation (19.5 per cent), and short-cycle college or minority (9.5 per cent), slightly fewer chose religious minorities (7.6 per institution of higher education (17.7 per cent). Only a few individuals had cent), the disabled (7.1 per cent) and sexual minorities (6.8 per cent). One lower education. Just under half of those who answered the question about person applied for asylum in Slovenia, and one had the status of a refugee. their employment status were employed on a permanent basis (49.3 per When asked about religious or worldview beliefs, almost half (47.9 per cent). There were much fewer other categories, of which there were more cent) indicated atheism. There were considerably fewer other beliefs, temporary employees (12.8 per cent), self-employed (10.7 per cent), namely Catholic (17.4 per cent), agnostic (12.6 per cent), Muslim (4.6 per retired (9.2 per cent), unemployed (8.7 per cent), and students (6 per cent). cent), Orthodox (2.2 per cent), Buddhist (1.5 per cent), Hindu (1.3 per cent) The respondents’ net monthly incomes were distributed approximately and Protestant (0.9 per cent). 11.5 per cent chose something else. normally, with the most represented category from 901 to 1,200 euros Since we operated with a non-representative sample, in what follows (23.5 per cent), while the frequencies of higher and lower amounts we can only give a description and conclusions based on this specific 54 Ethnic Discrimination Experience with Discrimination 55 survey, but we cannot generalise the results. However, a comparison with the past five years. Simultaneously, an explanation was given that the Slovenian Public Opinion data and a recent study (see Medvešek et al. discrimination is “poorer treatment or putting people in a worse position 2022) indicates that the sample is relatively close to the actual population because of their personal characteristics, such as gender, age, nationality, of Slovenia, at least regarding age structure and employment status and state of health, disability, etc.” After that, the circumstances of the partially in terms of religion. According to official statistics, the largest discrimination by which it could be identified were additionally stated: proportion of the population in terms of age is in the middle generation “Think of situations where you were not treated the same as others between 36 and 55 years old, the largest number are full-time employees, because of any of these characteristics and were put at a disadvantage, for the most numerous religion is Catholicism, and in second place Islam, yet example, when looking for work or housing, in offices or other institutions, the proportions of atheistic and agnostic belief in our survey were much with a doctor, in a shop or elsewhere”. higher than in the general population. Simultaneously, the survey also A large part of the respondents, as much as 84.2 per cent, indicated that roughly reflects the structure of the foreign nationals share in the entire they had been discriminated against in Slovenia on the grounds of at least population, as the majority of immigrants in Slovenia come from the one of the possible characteristics. From Graph 1, it can be seen that the countries of the former Yugoslavia (Bajt and Pajnik 2014; Medvešek et al. most common circumstance of discrimination was gender (39.9 per cent of 2022). As is often the case in online surveys, there was a much higher all respondents). Slightly fewer answered with “other” (29 per cent), proportion of women than men among the respondents, the Central followed by age (22 per cent), financial status (19.1 per cent), ethnicity or Slovenian region dominated and higher levels of education than in the citizenship (17.8 per cent), education (13.6 per cent), worldview (13.2 per general population. cent), language and sexual orientation (7.6 per cent each), religion (6.5 per The prevalence of discrimination cannot be determined utilising an cent), disability (3.8 per cent), gender identity or gender expression (3.5 online survey. However, one can determine whether life in Slovenia is more per cent), and skin colour (2.6 per cent). The respondents could choose difficult for individual groups in individual areas. The entry condition for several answers at the same time. 15.3 per cent of the respondents completing the survey was not that someone had been discriminated answered that they had never been discriminated against in Slovenia. Four against, nor were the personal circumstances of ethnicity, skin colour, people did not answer this question. nationality or religion. Thus, the initial question was deliberately broad enough, as we were interested in additional dimensions to identify possible intersections. Nevertheless, the information about the online survey, in GRAPH 1: Discrimination based on personal circumstances (n = 814) addition to the general population, was disseminated in a targeted manner in the sense of an attempt to reach all minority communities across the country, i.e. we attempted to spread the word about the research in a targeted manner among potential victims of discrimination, depending on the personal circumstances under consideration (the Roma community, the immigrant community, both officially recognised national minorities and other minority communities, including the community of members of the nations of the former Yugoslavia, the erased, asylum seekers and refugees, the African community, various cultural and similar associations, etc.). Therefore, stratified sampling and the snowball method were used, and the survey was also promoted as an advertisement with increased reach (for more, see Bajt 2021c). Survey Measurement of Experiences of Discrimination The survey asked about discrimination experiences both without a Source: Reducing Discrimination. specified period (i.e. about such experiences at any time) and specifically for 56 Ethnic Discrimination Experience with Discrimination 57 Among those who indicated in the first question about general Men were slightly more often (p = 0.032) discriminated against on the experiences with discrimination that they had already experienced it and grounds of ethnicity or citizenship (28.9 per cent of men) than women who continued to fill in the survey, 79.6 per cent had been discriminated (18.3 per cent of women). There are also significant differences depending against (also) in the last five years, which is 65.8 per cent of all the surveyed. on the size of the settlement in which the person lives (p = 0.014). The Since not all persons in the sample had all the personal circumstances largest proportion of people discriminated on the grounds of ethnicity or that would have potentially exposed them to discrimination on the grounds citizenship (29 per cent) was among those living in a smaller city, less of all the considered categories, we were mainly interested in the among people living in a big city (22.5 per cent), in a small town (18.7 per experiences of those with such circumstances. Therefore, we analysed the cent), and the least among those living in a rural settlement (10.2 per cent answers in relation to the corresponding personal circumstances that the of them were discriminated against). On the grounds of age (p = 0.318) and person expressed in the answers to the demographic questions. Here, we income (p = 0.472), no significant differences could be found in experiences considered only those persons who actually answered these questions and with this form of discrimination. did not stop filling out the survey. Since the book focuses on ethnic These findings do not reflect the results of a recent survey by the discrimination, we present the results below by categories that best Institute for Ethnic Studies on the attitudes of the majority population express this type of unequal treatment. towards integration, immigration and immigrants, which showed that people living in rural areas have the most negative attitudes towards immigration and immigrants, while the least disapproving are persons Ethnicity or Citizenship living in urban and suburban environments (Medvešek et al. 2022). In our survey, the rural settlement appears to be the place where the respondents least experienced discrimination. Although research shows that the degree Persons who stated that they belonged to a national or ethnic minority of urbanisation of the place of residence affects the attitudes of the majority experienced discrimination on the grounds of ethnicity or citizenship population towards immigrants, and therefore the inhabitants of cities significantly more often (chi-square test, p = 0.000), namely in 73.2 per cent should have more positive attitudes, simultaneously, the village of cases (see Graph 2). Among those not belonging to a national or ethnic environment can also mean more opportunities for contacts that are not minority, they were discriminated against less (14.9 per cent). A similar only transitory but more formative in terms of mutual cooperation, which relationship can be seen in comparing the shares of persons according to is the real foundation of overcoming prejudice and social distance (see for country of birth (p = 0.000). Of those persons born in a country other than example Pettigrew and Tropp 2011). Slovenia, more indicated that they had already experienced discrimination on the grounds of ethnicity or citizenship (68.1 per cent) than those born in GRAPH 3: Areas of discrimination on the grounds of ethnicity or Slovenia (15.1 per cent were discriminated against). citizenship, last 5 years (n = 58) GRAPH 2: Discrimination on the grounds of ethnicity or citizenship (n = 410, n = 419) Source: Reducing Discrimination. Source: Reducing Discrimination. 58 Ethnic Discrimination Experience with Discrimination 59 Persons who had been discriminated against on the grounds of their For the respondents, language was the most common reason for ethnicity or citizenship in the last five years reported that the discrimination in the last five years when seeking employment (63.2 per discrimination most often occurred at the workplace (48.3 per cent), and cent), in public or on the Internet (42.1 per cent) and at the workplace (36.8 slightly less when seeking employment (39.7 per cent) and in public or on per cent). No person has had such experiences with services (see Graph 4). the Internet (37.9 per cent). Only two people indicated that they had been To analyse the influence of other personal characteristics, the category discriminated against in legal proceedings because of this characteristic of discrimination on the grounds of language is too small and may yield (see Graph 3). distorted results, so we did not perform these analyses. The same applies to the categories below, where further detailed analyses are limited due to the small number of relevant answers. Language Language is understood as one of the key characteristics of ethnicity or Religion national identity. Therefore, we treat this dimension as an important part of potential ethnic discrimination. Especially in the Slovenian context, language has a central role in promulgating national identity and thus In 40.7 per cent of cases, persons who identified themselves as members of defines the attitude towards Others (see, for example, Bajt 2016; Brezigar a religious minority stated that they had already been discriminated 2017a; Medvešek et al. 2022). Among people who speak a mother tongue against on this basis (n = 16). The largest share of discrimination based on other than Slovenian, 27.7 per cent experienced discrimination based on religion was experienced by people of the Orthodox faith (60 per cent, n = language. Two-thirds, however, indicated that they were not discriminated 10), followed by Muslims (56.3 per cent, n = 16), Catholics (17.9 per cent, n against on the grounds of their foreign mother tongue. The share was only = 56) and people with different beliefs (5.1 per cent, n = 39). One person slightly smaller among those who speak two mother tongues (21.1 per who identified as an agnostic (2.1 per cent, n = 48) and two as atheists (1.2 cent) and, as expected, much smaller (p < 0.001) among persons whose per cent, n = 172) also answered that they were victims of discrimination mother tongue is Slovenian (3.3 per cent). on religious grounds. All persons who defined themselves as (albeit rare) Buddhists (n = 5), Hindus (n = 4) and Protestants (n = 3) answered that they had never been discriminated against based on religion (see Graph 5). GRAPH 4: Areas of discrimination on the grounds of language, last 5 years (n = 19) GRAPH 5: Discrimination on the grounds of religion (n = 353) Source: Reducing Discrimination. Source: Reducing Discrimination. 60 Ethnic Discrimination Experience with Discrimination 61 Because of religion, in the last five years, people were discriminated Among the persons discriminated against on the grounds of skin colour, against mainly at the workplace (57.1 per cent) and in public or on the more of them stated that their father (7 persons, or 63.6 per cent) or Internet (52.4 per cent), but significantly less elsewhere. Because of mother (6 persons, or 60 per cent) were born in a country other than religion, no person was discriminated against in services or in legal Slovenia. proceedings (see Graph 6). The number of people who answered the question about areas of discrimination on the grounds of skin colour in the last five years was small, but it is still considered relevant. Above all, it can be observed that these GRAPH 6: Areas of discrimination on the grounds of religion, last 5 years people were most often discriminated against at the workplace (66.7 per (n= 21) cent), and half of them were discriminated against when seeking employment and in police procedures. Here, the latter category especially stands out, as it does not appear so high in the other personal circumstances. None of the interviewed persons experienced discrimination in services and social care in the last five years due to skin colour (see Graph 7). GRAPH 7: Areas of discrimination on the grounds of skin colour, last 5 years (n = 6) Source: Reducing Discrimination. Skin Colour Due to the problematic nature of the concept of “race”, the questionnaire did not directly ask about skin colour, so it was impossible to determine what proportion of people whose skin colour is different from the majority Source: Reducing Discrimination. social group was discriminated against on these grounds. Of the 41 persons who confirmed in the questionnaire that they belong Discrimination at Multiple Levels and by Areas to an ethnic minority and answered this question, 12.2 per cent responded that they had already been discriminated against on the grounds of skin colour (compared to 1.6 per cent of those who do not belong to an ethnic For discrimination based on ethnicity or citizenship, skin colour, language minority). and religion, we also checked whether it is multifaceted and simultaneous More persons who were discriminated against on the grounds of skin discrimination in which a person is a victim of various forms of such colour were born in Slovenia (7 or 63.6 per cent) than in another country (4 unequal treatment. People who experience discrimination on the grounds or 36.4 per cent). Among those born in another country, the vast majority of skin colour, language and religion more often also experience were not discriminated against on the grounds of skin colour (91.5 per discrimination on the grounds of ethnicity or citizenship—61.9 per cent of cent). those who experience it because of skin colour, 69.4 per cent of those who 62 Ethnic Discrimination Experience with Discrimination 63 are discriminated against because of language and 60.4 per cent because of If a person chose one of the options “during employment seeking”, “at a religion is also discriminated on the grounds of ethnicity or citizenship. This workplace”, or “in healthcare”, a sub-question popped up inquiring about indicates simultaneous, intersectional discrimination (Kuhar 2009; Kuhar sectors in which they were discriminated against—in the private, public or and Pajnik 2022) or “complex inequality” (Hrženjak and Jalušič 2011). It is non-governmental sector. The respondent could have chosen several important to stress here that it is much more than just the sum of these answers. The respondents most often chose the private sector for personal circumstances, as people experience “authentic new realities of discrimination when looking for employment and/or at the workplace discrimination that is established at the intersection” (Kuhar and Pajnik (total frequency), and the public sector only slightly less. The non-2022: 12). governmental sector was chosen significantly less often. When it comes to Regardless of the categories of discrimination, people discriminated discrimination in healthcare, those who had already experienced it most against in the last five years (due to any personal circumstance) most often often answered that it happened in public healthcare, substantially less in stated that it happened at the workplace—this answer was chosen by 48.6 private healthcare, or in both cases. It is expected that people have much per cent (of all those who have been discriminated against in the last five more direct experience in public healthcare and that private healthcare years due to at least one of the characteristics), or when seeking services are used less often in Slovenia. employment in case of 41.7 per cent of the respondents (see Graph 8). Only The answers to the question about experiences with discrimination by a few percentage points less experienced discrimination in public or on the areas of life in which people were discriminated against were further Internet (36.4 per cent). This is followed by healthcare (24.6 per cent), bars analysed in greater detail only for those who reported discrimination based or shops (17.8 per cent), offices or public institutions (15.1 per cent), the on the discussed personal circumstances (n = 109). Since 37 people housing market and social care (12.6 per cent each), police procedures stopped filling out the questionnaire already at the first question about (11.6 per cent), other areas (8.5 per cent) and finally education (8.1 per areas of life, and in various proportions failed to answer some questions, cent), legal proceedings (7.2 per cent) and services (6.2 per cent). For due to the diverse number of invalid and missing answers to various different areas, a person could have answered several times (if they questions within one category, we below present the answers about areas indicated that they were discriminated against due to several of life in frequencies, not with percentages. We grouped the most relevant characteristics—for each characteristic separately). areas of life into the following categories: work and employment, social care, healthcare, education, access to goods and services, and state services or administrative procedures. Graph 9 shows the frequencies of responses GRAPH 8: Areas of discrimination (total by category), last 5 years (n = 484) in all areas for discrimination based on ethnicity or citizenship, skin colour, language or religion. We understood that the person was discriminated against in the field of work and employment if they answered affirmatively that they were discriminated against (because of ethnicity or citizenship, skin colour, language or religion) when looking for employment and/or at the workplace (to at least one of these two answers). Among those persons who were discriminated against due to these circumstances, as many as 48 were discriminated against in work and employment. In the online survey, ten people responded they had been discriminated against in the field of social care because of their ethnicity or citizenship, skin colour, language or religion (for example, at the social work centre). In the field of healthcare, 20 persons who experienced discrimination based on the circumstances discussed were discriminated against. In the field of education, 12 persons Source: Reducing Discrimination. were discriminated against due to the circumstances under consideration. To the category of access to goods and services, we grouped people who reported discrimination (due to the personal circumstances in question) in 64 Ethnic Discrimination Experience with Discrimination 65 at least one of the following areas: in bars or shops, in services or in the cent), while slightly fewer could always do so (27.8 per cent). 13.9 per cent housing market. There were 27 such discriminated persons. In the last of people in the survey responded they could never take a vacation, while category, we combined questions from the fields of state services and the rest mostly could not take it (11.1 per cent). 36 people answered this administrative and other official procedures. 26 persons with experience of question. Differences between different religious affiliations for this such discrimination responded they had been discriminated against in question were not statistically significant (p = 0.084). The sample of people offices or public institutions, police procedures or court proceedings based who answered these questions is small and poorly diverse, so comparisons on personal circumstances of ethnicity or citizenship, skin colour, language between groups are very limited. Of the four people of the Buddhist religion or religion (see Graph 9). who answered this question, three answered that they always or mostly could, and one said that they mostly could not take time off on religious holidays. Two Hindus answered that they could and one that they never GRAPH 9: Discrimination based on ethnicity or citizenship, skin colour, language or religion by areas of life could. Out of 9 Muslims, 7 said that they could always or mostly take a vacation, and one person responded they could never. The same number of people of the Orthodox religion answered this question, 8 of them chose that they could always or mostly take a vacation, and one said they could never. The only person of the Protestant religion answered that, for the most part, they could not take leave on religious holidays. Employed persons also answered whether they knew of any cases where discrimination against employees had occurred in their work organisation because of religion, ethnicity, citizenship or skin colour. Respondents were mainly unaware of such cases (73.6 per cent). Those who noticed at least one of these forms of discrimination most often Source: Reducing Discrimination. reported discrimination based on ethnicity or citizenship (22 per cent), less often based on religion (13.3 per cent) and skin colour (7.3 per cent). The following paragraphs also refer to some other areas of discrimination Similar questions to those for employees were also posed to university and the observation of other persons’ victimisation. These questions were and secondary-school students (in an otherwise small sample, n = 32). also answered by persons who had not experienced discrimination on the Most of them answered that most or all of their classmates knew what their grounds of the analysed circumstances. For the majority of people who ethnicity was (65.6 per cent). In 21.9 per cent of cases only some people were employed, their colleagues were aware of their religious or knew, and in 12.5 per cent, nobody knew. None of these persons belonged worldview beliefs—55.5 per cent answered that most or all of them had to a national or ethnic minority. All persons belonging to such a minority been aware. 10.1 per cent of them answered that none of their colleagues responded that their classmates had known about it. Also, to this question, had been aware of this, and 34.4 per cent said that only some of them had 32 people responded. Fewer classmates knew the religious or worldview been aware (n = 317). 85.3 per cent of respondents indicated that most or beliefs of the surveyed persons (n = 32). 43.8 per cent answered that most all co-workers had been aware of their ethnicity. In 10 per cent of cases, or all of them had known; 40.6 per cent that some people had known, and only a few people had been aware, and in 4.7 per cent of cases nobody had the least that no one had known (15.6 per cent). Differences between been aware. Those who answered the latter mostly did not belong to a religious or worldview beliefs could not be identified due to the small and national or ethnic minority. For members of such a minority, colleagues had non-diverse sample. been aware of their ethnicity in almost all cases (96.2 per cent). 320 people Only slightly more often than employees in work organisations, answered this question. university and secondary-school students in educational institutions The majority of respondents who did not identify as Catholic—which is witnessed discrimination due to ethnicity or citizenship, religion or skin the majority religion in Slovenia—but some other religion, could mostly colour. Even in these cases, this happened most often because of ethnicity take time off during religious holidays at work if they chose to (47.2 per or citizenship, which was noted by 29 per cent of the schooling 66 Ethnic Discrimination Experience with Discrimination 67 respondents, then because of religion (25.8 per cent) and least because of GRAPH 10: How people felt when they last experienced discrimination skin colour (12.9 per cent). 62.5 per cent of those in education answered (n = 333) that they had not witnessed this. Only respondents who indicated they had minor children (33.6 per cent of respondents) answered additional questions about discrimination against their children. Of these, 18.6 per cent remembered that their minor child had been insulted because of language, ethnicity, citizenship, religious affiliation or skin colour. Most of the others responded that this had not happened yet (64.5 per cent), while the rest did not know (16.9 per cent). 7.6 per cent of respondents with children answered that their child had been treated worse by teachers because of language, ethnicity, citizenship or religious affiliation. This did not happen to 70.8 per cent of parents, and 21.6 per cent did not know whether it had happened or not. Most of the children of the surveyed parents did not need a diet adapted to their religious beliefs (70.6 per cent) or did not attend kindergarten or school (4.7 per cent). Those attending kindergarten or school and who would have needed such an adapted diet had it guaranteed (11.8 per cent), and those who did not (12.9 per cent) in a similar ratio. Action Against Discrimination Source: Reducing Discrimination. When asked how the person felt about the last case when they had been discrimination more often—either they had actually been discriminated discriminated against, the most frequently chosen answer was: “The against several times, or they did not know about the discrimination of situation burdened me, so I thought about it a lot”, with which agreed 66.4 those close to them, which suggests confirmation of the research findings per cent of those who answered this question (see Graph 10). Somewhat that discrimination is hidden and often difficult to prove. less often, after this experience, people became more attentive to Some respondents (49.5 per cent of those who answered the question) discrimination (47.7 per cent) or resisted it (43.2 per cent). Fewer of them also reported that, due to their personal circumstances, they had been became suspicious (22.2 per cent), and the least of respondents quickly discriminated against during measures to prevent the spread of the COVID-forgot about the situation (only 4.5 per cent). Respondents could choose 19 epidemic in Slovenia, for example, when crossing the border, getting several answers. 18 per cent of those who answered this question also vaccinated, through termination of employment, offensive comments or marked the category “other”, and in the open question, some of them physical attacks. This has also been shown by existing research (see, for described in more detail how they felt. They mainly mentioned anger, example, Bajt 2021b). The largest proportion of people questioned (62 per sadness, depression, withdrawal, feeling of shame, feeling of inferiority and cent of those discriminated against during the measures based on at least the like. Some open-ended responses also refer to feelings of helplessness. one of the circumstances) indicated that they had been discriminated 35.2 per cent of the respondents (n = 579) answered that someone against during these measures based on other circumstances, which they close to them (family or friends) had been the target of discrimination specified under an open-ended question. Almost all of them explained that because of ethnicity, citizenship, language, skin colour or religion in the last it had been discrimination due to the failure to fulfil the recovered/ five years. This is considerably less than the share of persons who vaccinated/tested rule in various social areas, (not) wearing masks or the themselves felt they had been discriminated against in the last five years introduction of other measures to prevent the spread of COVID-19, such as (65.8 per cent). Therefore, the respondents perceived their own 68 Ethnic Discrimination Experience with Discrimination 69 movement restrictions (crossing of the state border and moving between If the person answered that they had taken action in one of the listed ways municipalities, the so-called curfew), control, conditions at workplaces and or otherwise, we were also interested in whether, in any of the cases where schools, etc. they had taken action due to discrimination in Slovenia in the last five years, Those who, in the last five years in Slovenia, have been discriminated the situation was resolved in their favour (n = 177). For only 18.6 per cent against due to any personal circumstance reacted to this in different ways of those who responded, the situation had been resolved in their favour, (see Graph 11). They could choose several answers simultaneously. Most of while for 81.4 per cent, it had not. them (32.3 per cent) tried to warn about the case publicly, and only one less person decided not to take action (31.9 per cent). A good quarter (26.8 per cent) tried to talk to the person or persons who discriminated against them Conclusion about their actions, and slightly fewer (21.1 per cent) turned to one of the state institutions that protect against discrimination, for example, the police, the Ombudsman, the Advocate of the Principle of Equality, the The quantitative data analysis based on the survey questionnaire shows Representative of Patient Rights, etc. 18.5 per cent of them acted differently, that a large part of the respondents—84 per cent—experiences some form 13.4 per cent sought legal advice, 10.9 per cent sought help from non-of discrimination in Slovenia and believes that they have already been governmental organisations, and 10.5 per cent from the political sphere. discriminated against based on at least one personal circumstance. Most The fewest persons contacted a trade union (9.6 per cent) or filed a often, it was discrimination on the grounds of gender, which is experienced criminal complaint (7.7 per cent). significantly more by women than men, and non-binary people have all been discriminated against. The next category, in terms of frequency, with the answer “other”, mainly covers respondents’ reporting of discrimination GRAPH 11: Have you taken any of the following actions in the event of due to government measures to prevent the spread of COVID-19, primarily discrimination (n = 313)? due to the tightening of the recovered/vaccinated/tested rule. A more detailed examination of discrimination based on ethnicity, skin colour, citizenship and religion reveals that such behaviour is experienced by a large proportion of persons with personal circumstances that potentially make them belong to a minority social group. Almost three-quarters of those belonging to a national or ethnic minority were discriminated against in Slovenia because of ethnicity and citizenship, and only a slightly smaller proportion of persons born in another country. Members of the Christian Orthodox or Islamic faith also report experiencing discrimination on the grounds of religion in more than 55 per cent of cases. This shows that discrimination on the grounds of skin colour, language and religion is often strongly associated with discrimination on the grounds of ethnicity and citizenship, which means that a person experiences at least two types of discrimination simultaneously. Therefore, a new reality of discrimination is being established at the intersection, and although complex inequalities are not the subject of this publication, it is still worth noting and highlighting this aspect. The open-ended answers from the online survey also provide additional valuable insight into discrimination experiences, further Source: Reducing Discrimination. confirming the research findings. There were 521 answers to open questions about experiences of discrimination in the online survey, and 70 7 Et E h t nic c Discr c i r mi m nat a i t on Experience with Discrimination 71 7 they are thus a relevant additional source of data. We cite only a handful of • If I use public transport and wait at a city bus station, my identity can be the most illustrative examples, which should accompany the analysis based checked even several times in the same hour. on interviews in Chapter 6, as they confirm the relevance of the obtained • The police stopped me several times, saying they thought I was a migrant. data. • My daughter is mocked and insulted at school because of her slightly darker skin colour, that she is a gipsy. • When looking for a rental, Slovenians say on the phone: “I don’t rent to • The sons are mulatto and experience pressure and discriminatory Čefurs [derogatory term for nationals of the former Yugoslav republics]”. behaviour daily. • When they found out that we were looking for an apartment for • I never got a serious job. With my name and surname, there is no chance foreigners, they made it clear that they did not rent to foreigners. for a serious and good job […], because I am Gipsy. • Discrimination due to ethnicity and religious affiliation in the case of applying for an advertised position. I later found out about inappropriate Regardless of personal circumstances, the most common areas of life in comments from recruiters. which people experience discrimination are the workplace, employment • I received a notification to the unselected candidate stating that I was not seeking, and in public or on the Internet. Discriminated persons somewhat selected because they decided for a person who was Slovenian. less often reported discrimination in healthcare, bars or shops, offices or • Promotions were possible only for surnames that did not have ancestry public institutions, and on the housing market. from Bosnia and Herzegovina. Similarly, in the context of discrimination on the grounds of ethnicity, • Regarding the public administration, specifically the administrative unit, skin colour, nationality and religion, the field of work and employment I have the feeling that I am not welcome. Whatever I’m looking for in stands out, where by far the most significant number of persons were terms of documents, the clerk stands up to me so badly, for example: “You discriminated against. This is least evident in the field of social welfare and know nothing, everything has to be drawn for you!” etc. It really feels education, only slightly more so in healthcare. awful, instead of explaining nicely. I have been in Slovenia for 18 years, I work, I pay taxes to the state, I live with my family here, but I have a feeling that they would like to get rid of us. • Mainly, it was insulting and humiliating, in the sense that as an individual, I am something less or worthless because of my ethnicity, because we are stupid, which is why we don’t understand basic matters and such people are only suitable for physical work, where it is not necessary to have a brain. It is a general and repeated practice or discrimination in various fields, both in official institutions and in general society, but in official institutions, they try to hide it, which they do not always succeed in the best way. • Although I speak Slovenian extremely well, I occasionally use a Croatian word. The lady at the counter treated me disrespectfully but had no problem with the English-speaking foreigner in front of me. • When I talk to others in my native language in public (on the street, in a shop, on the bus), I often receive insulting comments saying that I should go home, that I should learn Slovenian, that I should speak Slovenian in Slovenia. • Since ethnicity is based on language, culture and religion, children in kindergartens cannot exercise the right to choose their diet (except in case of medical indication) and are thus “ethnically discriminated against”. 5 MEASURING DISCRIMINATION I have already stressed the difficulty of measuring discrimination, as it is a phenomenon that can rarely be observed directly. Researchers are thus faced with the challenge of determining when the discrimination occurred and whether unequal treatment actually resulted from a particular personal circumstance. I rely on selected international literature for a more detailed review of experimental methods for evaluating discrimination. In a Committee on National Statistics study, Blank and her colleagues analysed two experimental methods used to draw causal conclusions about racial discrimination in the United States: laboratory and field experiments. Researchers emphasise that at the core of evaluating discrimination is always “a causal inference problem” (Blank et al. 2004: 90). Different life outcomes relating to ethnic disparities can result from explicit or subtle prejudices, which are, therefore, a possible cause of discrimination. Determining precisely what is the actual occurrence of discrimination and what is a personal choice or other related or unrelated factors, therefore, requires the ability to make clear causal inferences (ibid.). Laboratory experiments are performed in a controlled environment, trying to minimise the influence of external factors. They include (1) an independent variable that can be manipulated, (2) random assignment to treatment conditions, and (3) controlling external variables that may affect the results (ibid.: 92–93). The advantage of this method is that it is possible to achieve a high level of internal validity for inferring causal effects and 74 Ethnic Discrimination Measuring Discrimination 75 allows for a significant degree of control over the environment. It is also a financed the implementation of situation testing for research purposes and suitable method for isolating a single variable of interest. When studying to verify specific complaints of discriminated against persons. Situation discrimination, laboratory experiments lend themselves particularly well testing was then extended to access to employment or services (for to studies of psychological processes (such as prejudice or stereotyping) example, access to restaurants and nightclubs) and performed by creating and have often shown that even minor environmental changes can experimental pairs (applicants for employment or renting an apartment, noticeably affect the results. Establishing a positive difference is also the restaurants or nightclubs patrons), which are the same with regard to all basis for intergroup discrimination. For example, studies in the field of personal circumstances except the circumstance observed, which may be social psychology are well-known (see, for example, Judd et al. 1995), and the basis for discrimination. If one member of the couple is treated various experiments have indicated that discrimination even occurs in unequally (for example, the owner of the apartment rejects an applicant entirely ad hoc groups, such as the so-called minimal groups (Ule 1997). with a certain personal characteristic with the excuse that the apartment is However, laboratory experiments are often limited in time and already rented and the other person, who arrives a little later and does not measurement, so they do not measure more extended periods. In addition, have this personal circumstance, is offered the apartment tour), this can be one of the limitations is the risk of bias or the occurrence of limitations in evidence of the existence of discrimination (Rorive 2009). Some the experimental environment (Blank et al. 2004: 92–102). researchers express reservations about this method, as it artificially creates Field experiments allow more generalisation than laboratory a discriminatory event, whereby one member of the couple, who is experiments and can be classified in the dominant aspect of discrimination otherwise a member of a social group already exposed to unequal measurement—the so-called episodic view. A field experiment is any treatment in everyday life, can suffer experimentally created discrimination completely randomised research design in which the observed units are (Essed 1991), but the situation testing expanded to Great Britain, and later subjected to treatment and control conditions in a natural environment. also to some EU Member States, where it was also successfully used in Among field trial methods for measuring the degree or frequency of court cases as a method of obtaining data (evidence). discrimination in the labour market or the housing market, Blank, Dabady Historically, audit studies first focused on racial, ethnic and gender and Citro focus on the most commonly used survey method of “audit” or discrimination. The first studies almost exclusively used real people who “paired testing” (2004: 104). The paired testing method has been criticised posed as real candidates (for housing or employment) as testers and mainly due to issues related to accuracy and validity, as the heterogeneity of reference persons. The first studies responded to concrete violations of the tester (also referred to as auditor) and reference (also referred to as equality enforcement regulations and did not have a research purpose control) person makes it difficult to say whether the difference in treatment (Gaddis 2018). Over time, however, live paired testing has slowly been is related to discrimination or caused by other factors. So let us see what it replaced by phone and e-mail audit testing, especially with the increase in is all about. Internet use and the multitude of online advertisements (for apartments, vacancies, etc.) in recent years. Although discrimination is prohibited, in most countries, many studies Direct Discrimination Testing with Field Experiments have documented ethnic or racial discrimination against minority groups in the labour and housing markets (Rich 2014; Zschirnt and Ruedin 2016). Mostly, these studies rely on audit or correspondence testing to measure Audit studies or correspondence or situation testing is one of the important discriminatory behaviour in the real world. In their meta-analysis of racial experimental methods for data sourcing on equality or the existence of discrimination in employment in Great Britain, covering field experiment discrimination. The method was developed in the 1960s in the US by public studies published between 1969 and 2017, Heath and Di Stasio cite an and private agencies that advocated fair access to housing to prove the important methodological caveat about the first 1967 study. The study existence of discrimination against racial or ethnic minorities in access to included in-person tests but was excluded from their research because the housing. In the early 1970s, many groups for equality already used the testers were only sent to companies that had previously been accused of method, and with the help of the obtained data, they demanded protection discrimination. Hence, the study likely overestimates the risk of against discrimination in the courts. In the 1990s, the US authorities discrimination compared to later studies that tested more representative 76 Ethnic Discrimination Measuring Discrimination 77 samples of firms. The first subsequent study is from 1969 and was the first individual has already reported discrimination. Ideally, it should be to use the correspondence test method. Coordinated written applications performed shortly after the discrimination has occurred. Any proactive for vacancies were used instead of personal applications (Heath and Di testing needs to be thought through very carefully, as it can fan the flames of Stasio 2019). Today, correspondence tests are considered the “gold the opponents who stress that it operates in the spirit of Big Brother, thus standard” for measuring discriminatory behaviour, but their main discrediting the method. In any case, this depends on the individual limitation is that they only show levels and patterns of ethnic circumstances. If the number of complaints in one sector is substantial, discrimination and fail to discover mechanisms that could explain it NGOs may decide to launch a campaign to test the situation to raise public (Verhaeghe and De Coninck 2021). Since the 1960s, a methodological tool awareness and initiate legal action in cases of discovered discriminatory has hence been used, which researchers call by different names, such as practices. In the Reducing Discrimination research, the purpose of situation audit study, correspondence test or situation testing. In recent years, this testing was only research data collection (for more, see Bajt 2021a). The methodology has become increasingly popular (Gaddis 2018: 3). implementation of situation testing was a key and certainly the core task of Discrimination is usually hidden, and modern forms of discrimination the research since—in addition to the survey and interviews—it brings can simply be more subtle and obscured, making them less likely to be novel relevant data for ethnic discrimination analysis. In addition, the discovered and less aware of by the general public (Pager 2007). practice in this discrimination research field in Slovenia is scant (for a rare Simultaneously, discrimination is widespread, as it has deep social, exception, see Šetinc Vernik 2016), so we are conducting pioneer work in economic, political, historical and cultural causes intertwined. Proving this field of discrimination research. In the existing international literature, discrimination is an immense challenge, as in many cases no clear and however, it is a research methodology that has already become remarkably unambiguous evidence exists. Furthermore, politicians, civil servants, sophisticated, as the history of such research internationally is extensive employers, trade unions, researchers and journalists still often assume that and branched. For the study of ethnic and racial discrimination in discriminatory practices are a thing of the past. Therefore, it is difficult to employment, field experiments have been used for five decades, with a high expect people to recognise and accept that they and their colleagues may level of discrimination against minority and immigrant candidates being violate the principle of equal treatment. Due to the widespread denial of consistently established, regardless of the time, location, or minority group discrimination, proving discrimination is generally difficult. The situation tested (Zschirnt and Ruedin 2016). Most such studies have been conducted testing is usually used as an experimental method allowing researchers to in various European countries and Australia, less so in the US (Riach and determine discrimination on the spot. With this method, practices can be Rich 2002). Therefore, many so-called correspondence studies have revealed in which a person with a certain characteristic is treated less already examined discrimination against ethnic, religious and racial favourably than another person in a comparable situation who lacks the minorities in the labour market. In a meta-analysis that included 17 same characteristic (see, for example, Rorive 2009: 42; Gaddis 2018; Heath countries and conducted 67 discrimination field experiments, Judith Rich and Di Stasio 2019). One successful example of a situation testing is, for (2014), for example, found significant and persistent discrimination in all instance, using pairs of people to test access to nightclubs. A couple consists areas of life and high levels of discrimination against ethnic minorities. of a person who is an “immigrant” and a person who is a “native”. The only In the research process of a field experiment or correspondence study, significant differences between them relate to ethnic or racial markers such comparable applications are sent by fictitious candidates for genuine as skin colour or hair texture. Such tests have been held in many European vacancies, but the characteristics that are the subject of research (for jurisdictions, providing courts with sufficient insight into the situation to example, ethnicity) are changed. Different levels of the so-called callbacks determine whether discrimination has occurred (Rorive 2009: 7). constitute causal evidence of discrimination (Pager 2007). The audit or situation testing method is suitable for simple and Correspondence studies have already demonstrated in many cases that immediate exchanges, so it should be avoided in applications that are candidates are treated unequally despite the same characteristics in terms subject to a complex selection process (for example, applying for social of relevance for productivity, thus undoubtedly proving the existence of housing, which can take several years, or selecting a candidate for discrimination in the labour market (Koopmans et al. 2019: 234). employment only at the conclusion of a long process of interviews and Despite their prevalence in the international literature and their tests, etc.). In practice, situation testing is usually only used after the usefulness in measuring discrimination, correspondence studies are much 78 Ethnic Discrimination Measuring Discrimination 79 less suitable for investigating the reasons for discrimination. In our The Situation Testing Method research, we use a combination of different methods, which is also in line with the latest recommendations of academic literature (see, for example, Blank et al. 2004; Carter and Pieterse 2020). For example, studies have Regardless of the international literature trend, which conducts shown that Turkish people in Germany are discriminated against, but correspondence studies following the latest methodological guidelines and critics of the method warn that it remains unclear whether this theoretical knowledge, we decided in our research to follow the discrimination is based on assumptions about the productivity of Turkish implementation of discrimination testing, which non-governmental people or anti-Turkish attitudes. Furthermore, it is not clear whether this is organisations most often use in their work. There are at least two critical a general anti-immigrant bias, where people of Turkish ethnicity are reasons for this. The first reason is that no such studies exist in Slovenia (the discriminated against in the same way as other immigrant groups, or exception is the already mentioned study on access to housing for LGBT whether there is some specific bias—and if so, whether this is related to persons; for more, see Šetinc Vernik 2016) and, therefore, the present their alleged Muslim religion or phenotypic differences (Koopmans et al. publication is the first to undertake in-depth field research on 2019: 234). The literature using the field experiment method also often discrimination in four different areas of life according to a very carefully defines the methodology rather vaguely. It is thus unclear whether they thought out and outlined methodology of the so-called situation testing. applied to the same ads twice and compared the responses separately for The second reason is the fact that when designing the research, we planned the tester and reference profile, as we did in the Reducing Discrimination to carry out live paired testing in the field, where the role of the tester would research. Most of the international literature analyses the reactions of be taken over by intercultural mediators. Yet due to measures related to the potential lessors and employers only in aggregate (see, for example, COVID-19 pandemic, the research was conducted entirely by e-mail and Carlsson and Eriksson 2016; Koopmans et al. 2019). Considering the phone, placing it alongside international surveys that no longer conduct substantial sample of some researches (i.e. around 6,000) or the high field testing in person. number of tests carried out, we can understand that the tests were carried Conducting a discrimination or situation testing consists of submitting out in such a way that only one inquiry was sent to lessors for each two comparable profiles for the same request by changing only one advertisement, with approximately half of the inquiries using the typical characteristic or personal circumstance (for example, ethnic, national or “foreign” (for example, immigrant) name and half a typical “native” name religious affiliation) that can potentially expose them to discrimination. The (Carlsson and Eriksson 2016). In the sections below, with a more detailed first test is always performed by the tester (who is a member of a description of the situation testing method, we demonstrate how potentially discriminated group), and the second test is performed by a demanding and time-consuming a correct and accurate implementation is. reference person (who does not differ from the tester in anything other Although new information and communication technologies are used for than a potentially discriminated personal circumstance). Both profiles correspondence studies, which make it possible to carry out thousands of must meet all the requirements of the place and the situation (for example, tests in a relatively short time, the basis for the methodology of such what is sought by the job provider, the lessor, etc.). If the test reveals a research must be designed and prepared very subtly and prudently, and differentiated response between the reference profile and the tester profile, above all, it must take into account all ethical aspects (Bajt 2021a). we can assume that this indicates unequal treatment or the assumption of In our research, we conducted situation testing, with which we checked discrimination. Before going to the field, it is crucial to determine the the existence of discrimination for persons with personal circumstances of methodology that will be used in situation testing (Bajt 2020, 2021a). This ethnicity, skin colour, nationality and religion in four areas of life: (1) work is the only way to neutralise variables that could otherwise falsify the and employment, (2) social and health care, (3) education, and (4) access to analysis or discredit the testing. The essential elements in the organisation goods and services. It is a pilot study, which does not allow for statistically of situation testing are (summarised from Rorive 2009: 51–54): significant data, but we made sure that for each test, enough repeated experiments had been provided, which also allows at least partially 1. Ensuring full comparability confirmatory conclusions on a broader level (for a more detailed If convincing results are to be obtained, testing conditions require the description of the method and the course of situation testing, see Bajt 2020; highest possible degree of similarity between the group likely to be 2021a, b). 80 Ethnic Discrimination Measuring Discrimination 81 discriminated against and the control group. The control group must be the The test organiser’s presence at the scene is not required, mainly same as the study group except for the tested characteristic. This means because of the risk that they will be recognised. We entirely fulfilled that the person responsible for testing must compile a list of all the different this step, although reports of suspicions of unequal treatment to elements that could influence the decision of the person whose conduct is competent authorities were not part of the research plan. being tested. For example, pairs of testers participating in ethnic 2. The test organiser must draw up a protocol describing the purpose discrimination testing at the entrance to a nightclub should have precisely of the testing and the procedure to be followed. The protocol should the right type of clothing and hairstyle, which should be similar in each case. include various elements that must be considered to ensure full Of course, they must also be in the same age range and of the same gender comparability and should be designed to guarantee (because, for example, women are usually admitted to nightclubs more representativeness. Audio and video recordings have been proven easily than men). They must not be under the influence of alcohol or drugs. to play an instrumental role in supporting testing. Their use must be They must behave politely and reasonably towards the gatekeeper or specified in the protocol. Since the judicial admissibility of such security guard. They must not be acquainted with any of them beforehand. recordings varies between the jurisdictions, the protocol should be They must try to enter the club on the same evening and around the same discussed in advance with local legal experts. In our research, we did time, etc. not use video or audio recordings in the situation testing, but we conscientiously and continuously recorded everything in a table and 2. Ensuring fairness and credibility a field diary. Thus, we have fully met the second point criteria. The participants should not have any emotional connections to avoid bias 3. The person responsible for the testing should ensure that the testers in situation testing. This means, for example, that no tester may be related are not related to the victim or suspect of discrimination and that to a discrimination victim. The tester also must not hold prejudices against they are well aware of how to behave during the testing to avoid the person being tested. In addition, such a person must carefully control provocation. Testers or auditors should not be minors unless it is their behaviour to avoid provocation. necessary. Like the test coordinator, testers need to be aware that testing could lead to legal proceedings that can last for years and that 3. Ensuring representativeness they may have to appear as witnesses in court. This part was not Ideally, situation testing should be based on a representative sample and at relevant to our research. In addition, they should be prepared for least on more than just a single pair of testers. Otherwise, we must confirm discrimination and be able to respond neutrally. Testers should be the results with other means of proof (for example, personal testimony) to provided with a copy of the situation testing protocol and clear shift the burden of proof. That is why we supplemented the situation guidelines for conducting the test. We have fully met these step testing method in our research with interviews and a survey. criteria. 4. Shortly after the testing is performed (but not in plain sight), each 4. Ensuring accurate planning and documentation tester must fill out a form summarising the testing. In our case, we Accurate planning of situation testing is vital as it enables comparability, filled out the table on the fly or immediately after the testing, and fairness and representativeness. Ideally, planning should follow a five-step simultaneously there was constant communication with the test process: coordinator. We have fully met these step criteria. 1. The person responsible for the situation testing must be clearly 5. The person responsible for testing must compose a general report identified. This person must have expertise in discrimination and be on the results of the situation testing. This person should keep aware of the relevant legal issues. The test organiser must not have a various documents (protocol, individual reports of testing and conflict of interest regarding the discrimination victim or the alleged reference persons and a general report) to make them available to perpetrator. They should also be aware that testing could lead to the competent authorities, should an official procedure based on legal proceedings lasting years, and, therefore, they must be situation testing be initiated. In our research, the purpose of the pilot prepared to appear as a witness in court. Hence, it is important that situation testing was only to collect data on discrimination. However, the test organiser is a credible person or that it is such an institution. we entirely followed all implementation steps and recommendations listed here. 82 Ethnic Discrimination Measuring Discrimination 83 The Reducing Discrimination research identified discrimination on the or religious affiliation. Emphasis was placed on the use of digital online grounds of ethnicity, skin colour, nationality and religion. Since in situation platforms and a focus on telephone communication, in which the call of a testing, it is challenging to examine discrimination based on religion, which Slovenian-speaking (reference) person and a person who speaks Slovenian is a very intimate choice of each individual, we focused on ethnicity, with a noticeable foreign accent or in a foreign language (tester) is citizenship and skin colour, while religion is present indirectly (for example, alternately used, or a Slovenian-sounding (reference profile) and a foreign-in the frequent assumption that citizens of Bosnia and Herzegovina or sounding name (tester profile), etc. some African or Asian countries are of the Islamic faith, although this may In a context where there was no physical contact, we formulated the not coincide with the actual situation, as it is a matter of deeply rooted following assumptions about the potential trigger of discrimination: stereotypes and prejudices). In most cases, even “race” or skin colour was only assumed in relation to the country of birth or citizenship of an 1. NAME: the assumption was made that racial, ethnic, national and individual in the situation testing, as the tests were not carried out in person religious discrimination occurs already based on the name and due to the COVID-19 epidemic. surname (for example, assuming that a person is connected to the When we tested individual areas, we purposely did not test those cases Balkans if the surname ends in -ić and if the name is “Muslim-where more foreigners, migrants are sought (for example, certain sounding”, “Arabic”, “Middle Eastern”, “Albanian”, “Roma”, etc.). Since employment sectors, regarding the labour market or renting out rooms the testing was performed by phone or e-mail, the first and last only to migrant workers), as the research could show a distorted picture. In names were key. In general, the name is one of the so-called ethnic other words, some employers prioritise hiring foreign workers, who, due to markers, which, according to some studies, affects discrimination their greater vulnerability, enable the firms to maximise profit at the against persons even more than their skin colour (Silberman et al. expense of more exploitation (Medvešek and Bešter 2010; Medica and 2007). Lukić 2011; Pajnik and Bajt 2011). The same applies to renting out rooms 2. LANGUAGE: in addition to the name and surname, it plays an or even just beds to migrant workers. important role in the assessment and triggering an unequal treatment (Lipovec Čebron 2021) when it comes to a certain accent in a conversation (when a person speaks Slovenian and it sounds Situation Testing During the COVID-19 Pandemic like Slovenian is not their mother tongue, or maybe they do not speak Slovenian at all, but some other language). When we tested via e-mail, minor grammatical errors replaced the accent. As already stressed, the situation testing method was initially used as an 3. COUNTRY OF BIRTH: ethnic discrimination also occurs based on a experimental method allowing researchers to determine discrimination on the spot (Gaddis 2018; Heath and Di Stasio 2019). It is, therefore, an person’s country of birth or residence. Similar to the first and last episodic aspect of unequal treatment. Paired testing is still used in their name, information about the “country of origin” or place of birth or work by non-governmental and minority organisations, which thus collect country of permanent residence or citizenship (the frequently asked data on unequal treatment and can also collect evidence for possible question, “where are you from?”) usually appears in the initiation of procedures at the competent authorities. Due to the objective communication that is part of the situation testing. For example, circumstances of the COVID-19 epidemic, the implementation of the suppose someone introduces themselves as an African (for example, research required additional considerations and subsequent adjustments “I’m from the Congo”). In that case, darker skin colour is usually in the fieldwork due to the governmental lockdown measures and limited assumed, just as, for example, in the case of a European (“I’m from interpersonal contacts (Žerdin 2021). These adjustments mainly meant a Slovenia”), who is stereotypically white or Caucasian. Similarly, the focus on telephone and e-mail testing, as in-person testing was Muslim religious affiliation is also assumed in typifications with inconceivable due to epidemic containment measures. Focusing on online respect to certain countries or regions. This dimension (i.e. the communication via e-mail instead of physical appearance emphasised the country), therefore, in accordance with our predictions, potentially importance of using language, and proper and geographical names, which gave rise to unequal treatment of some persons based on their could be interpreted as expressing individual ethnic or “racial” or national supposed ethnicity, “race”, nationality or religion. 84 Ethnic Discrimination Measuring Discrimination 85 E-Mail Testing Tester or auditor profile: To test access to the labour market and access to a general practitioner, we To perform tests by e-mail, we previously created e-mail accounts and created two (in effect four) different fictitious “type” profiles, respectively, prepared tester and reference profiles. As part of the preparation for the for a man and a woman who presented themselves as having obtained testing, we first looked for and searched advertisements (for jobs) or primary, secondary and (if necessary) higher and university education in searched relevant websites (for lists of available general practitioners or another country and recently moved to Slovenia. We chose the names and lists of educational institutions) and thus prepared a list of all relevant surnames in such a way that, even at first glance, in each of the comparable contacts for tests. pairs, they sounded different from the supposedly “Slovenian” names and First, we always sent the application or request by the person allegedly that they gave the impression of another country or another cultural milieu, exposed to discrimination (i.e. the tester profile), and then later the which also includes a hint of another religion. With the name itself, we message for the reference profile. If the employer, employment agency, wanted to establish some obvious difference in ethnic and spatial meaning service provider, health centre, educational institution, etc., for example, immediately, i.e. something that could lead to unequal treatment based on responded only to the reference profile, the testing pointed to perceived ethnicity, nationality, skin colour and religion. In the case of discrimination. testing access to the labour market, we used either the male or female version, depending on the advertisement and specific requirements. We E-mail testing process: used only the female version to test access to the general practitioner. 1. We selected ads and prepared all the necessary information for both profiles; Reference or comparative (i.e. control) profile: 2. The e-mail was sent first by the tester; 3. We saved the message and any response (for example, took a For Slovenian names in the reference profile, we chose common names. screenshot); The same gender was used in both—tester and reference profiles. 4. After a few hours or the next day (depending on the field), the reference person sent the same message to the same address, but with only one modification, which should have indicated the personal circumstances The two identities were thus separated by name, e-mail address (two in question; different, previously created accounts on the Google Gmail platform with 5. We saved the message and any response (for example, took a undefined names) and somewhat by the method of communication, screenshot); whereby the tester presented slightly worse Slovenian, but again not too 6. The collection of answers for testers (recorded in the table) was unreasonable, since in employment advertisements, knowledge of ongoing. Slovenian was often a requirement, so methodologically we should not 7. The collection of responses for reference profiles (recorded in the table) have risked that a person would have been rejected just for that reason. was ongoing. An example of a tester profile: The e-mail message was concise, and we followed the prescribed script for both profiles. We took great care in saving screenshots of the ad. We Hello, recorded every step of sending or saved a copy of the correspondence and My name is [insert name]. They told me that you are taking new all interactions. patients. I have not been in Slovenia for a long time, and I need a doctor. I am insured. Please take me. Many thanks. Signature: 86 Ethnic Discrimination Measuring Discrimination 87 An example of a reference profile: We also prepared a scenario of possible questions and answers in advance to ensure a match between the two profiles. If the question was “Are you Dear Sir/Madam, employed?”, both profiles replied yes. If the question was about smoking, I have health insurance, my previous general practitioner has retired, both profiles were non-smokers. If the question was about pets, both and I am now without one. Could you please let me know if you are still profiles were pet-free. Both also answered they were childless and single or accepting new patients? Can I just send you my health record? in a serious relationship or married—adjusted according to the type of ad. Thank you and kindest regards, The conversation was short, we followed the prescribed script. We took Signature: great care to write down all the useful information and details of the conversation. We let the interlocutor speak without interrupting them. Immediately after the conversation, we filled in the table and took note of all Testing by Phone the information. Ultimately, we always cancelled all the arranged tours and thanked them for the opportunity. To carry out the testing over the phone, we previously purchased SIM cards and coordinated the timing of a pair of people for the tester and reference profiles who carried out the testing. An intercultural mediator helped us in Test Results by Life Areas the role of the tester. As part of the preparation for testing, we first searched for existing ads, selected suitable ones and made a list with all the necessary information. Simultaneously, it was important to ensure that the testing We carried out 435 cases of situation testing (almost 800 individual tests) was carried out as soon as possible after the list was prepared. Otherwise, under four different areas of life: the ads would have been already outdated, and the testing would have failed. 1. Work and employment: access to the labour market was tested. We performed 152 tests (i.e. 152 x 2 replications = 304); The telephone testing procedure: 2. Social and health care: access to a general practitioner was tested. We performed 103 tests (i.e. 103 x 2 replications = 206); 1. We selected the ads and prepared all the necessary information: a 3. Access to goods and services: access to rental housing was tested. screenshot of the ad, the name and phone number/contact were We performed 160 tests (i.e. 100 x 2 replications = 200 + 60 tests inserted in the table; according to the adapted method = 260); 2. The tester called first—immediately after the call, we entered the 4. Education: access to schooling was tested. We performed 20 tests result and comments in the table. Unreachable numbers were using the adapted method. marked in the table and were not called by the reference person; 3. After half an hour or an hour, the reference person called— To make it easier to understand, we should reiterate that every situation immediately after the call, we entered the result and comments in the testing (that is discrimination test) consisted of a tester and a reference test, table; both of which must have been successfully performed for the situation 4. We cancelled all arranged apartment tours and thanked the lessors. testing to be considered in the analysis. In the adapted method for additional tests in access to housing, we conducted the test only for the The basic text for a phone call (with variations depending on the type of ad): tester, so there was no repetition for the reference profile (for more, see, for example, Učkur 2016). We also used such an adapted test for the field of “Hello, [NAME] here. My husband/wife and I are looking for an education. apartment, and we saw your ad for rent. Is the apartment still available? I/we are interested in a long-term lease. Would it be possible to come and check it out?” 88 Ethnic Discrimination Measuring Discrimination 89 Work and Employment TABLE 1: Situation testing of access to the labour market #1 (by e-mail) Number % We tested access to the labour market. The procedure was carried out following the already described methodology. First, we followed the Number of tests performed 102 100 advertisements for vacancies at the Employment Service of Slovenia. We looked at the most sought-after employment posts, not niche positions. We Number of tests excluded from the analysis 0 0 also included highly skilled jobs in the sample (importance of class Number of tests analysed 102 100 differentiation in the occurrence of discrimination). We selected the employment advertisements according to the thematic areas in which No unequal treatment 77 75,49 there are the most vacancies for each field: healthcare, nursing, social services; mechanical engineering, metalwork, vehicle repair; construction, Unequal treatment (both profiles, sum) 25 24,51 architecture, geodesy, spatial planning; hospitality and tourism; cleaning Manifestly unequal treatment of the tester 7 6,86 and maintenance; administration; etc., as well as some advertisements in profile the field of social sciences and humanities. Potential unequal treatment of the tester 8 7,84 We prepared everything necessary for sending applications, designed profile several versions of CVs and adapted them for the tester and reference profile. Both CVs had to be comparable but not identical. The only criterion Unequal treatment of the tester profile, 15 14,70 differentiating was the personal circumstances we tested (we used a sum different name, surname or nationality, place of birth, etc., for the tester and Unequal treatment of the reference profile 10 9,80 reference profiles). The difference between the tester and reference profile Source: Reducing Discrimination. was, therefore, in the name and different languages and country of birth. 100 tests were planned. When we searched for information about vacancies online, we prepared a list of contacts for a minimum of 100 The first situation testing was performed in May–July 2021. Based on 102 advertisements throughout Slovenia. We noted each advertised vacancy conducted tests, we found 7 manifest cases of discrimination against the (location, contact), assigned it a serial number (#1 – #100) and entered tester profile, who was not invited to an interview, while the reference contact information (e-mail address and, just in case, phone number) in the profile received an invitation (7 per cent). To this, we could add 8 cases table. where the tester profile was immediately rejected, and the reference profile The situation testing took place electronically (by e-mail). First, the received additional questions and requests for additional information. tester sent an inquiry or interest in the job, and after a few hours or the next Some employers requested additional means of proof (although this was day, the reference person did the same. If we received a reply in both cases not recorded in the advertisement). We can definitely conclude that those (for the tester and reference profile), we considered the test successful and who asked for a phone number were interested in talking. If we add up further compared whether an invitation to a personal interview followed manifest cases of unequal treatment and cases where a qualitatively or not, and what the tone of the message and the information provided evaluated additional review of testing also indicates unequal treatment, were (Was it the same? Was it shorter or longer? Etc.). If the tester was there were 15 per cent of potential cases of discrimination in testing access rejected or failed to receive a reply, and the reference person was invited to to the labour market or employment. an interview for a position, the test indicated unequal treatment or the It is also interesting to note that in 4 per cent of cases, only tester profiles assumption of discrimination. were invited to the interview, but not reference ones. This share rises to 10 We performed 304 tests (i.e. 152 x 2 replications = 304). The situation per cent if we also consider cases where employers rejected the reference testing took place via e-mail in the period from May 2021 to January 2022 profile and turned to the tester profile with additional questions (see Table (tests were carried out on 24, 26, 27 and 31 May; 1–3 July; 25–26 1). A more detailed analysis shows that the occupations involved were November and 8–10 and 20 December 2021; 20–21 and 24–27 January service assistant, pizza baker, post office worker, and cleaner, although also 2022). for higher qualified positions. 90 Ethnic Discrimination Measuring Discrimination 91 It is also worth mentioning that ethnic discrimination occurred in all TABLE 2: Situation testing of access to the labour market #2 (by e-mail) professions related to intimacy, for example, personal assistant, nurse, etc. Avoidance or distance from intimate contacts with Others is following the Number % existing literature based on social distance. Simultaneously, the literature on care work comes to similar conclusions, even though in international Number of tests performed 50 100 care chains, the most intimate care work is increasingly performed by migrant women (see for example Hrženjak 2018). Number of tests excluded from the analysis 25 50 For the tester profile, the most questions were about where (and how long) they lived in Slovenia and whether they had a recognised education. Number of tests analysed 25 50 The difference between the two profiles that we noticed was that some responded to the tester profile regarding employment in BCS languages No unequal treatment 10 40 (i.e. Bosnian-Croatian-Serbian), even though the tester wrote in the Slovenian language in the application for the ad. We noticed, although only Unequal treatment (both profiles, sum) 15 60 in one case, that for the waitressing job, the female tester received the response to send a photo and a phone number, while the female reference Unequal treatment of the tester profile 12 48 person did not receive a request for a photo but only a phone number. The potential sexualisation of female employment seekers with the discussed personal circumstance is indicated in some sectors of the labour market, Unequal treatment of the reference profile 3 12 but we have insufficient data to draw conclusions based on situation testing Source: NIEM. alone. Existing literature, however, confirms this type of reasoning (see, for example, Pajnik and Bajt 2011). The second testing of access to employment was carried out from The situation testing confirmed that the potential discrimination in the November 2021 to January 2022. Separately, we conducted another 50 labour market for refugees in Slovenia is indeed extensive, since in as many tests for access to the labour market. We wanted to check whether unequal as 48 per cent of cases, there was a manifest unequal treatment of the tester treatment in accessing employment is indeed accentuated for persons with profile. This has proven even for professions with a significant labour international protection, i.e. refugees, as has been indicated by the rest of shortage, such as a server in a home for the elderly or a waiter—even here, the results of our research and the existing literature (Ladić et al. 2022). For the unequal treatment of the tester profile was shown, while the reference this purpose, we have slightly adapted the content of the e-mail, for profile received an invitation to an interview for the workplace. We could example: otherwise guess that this is an expression of distance due to personal contact with people in these professions, but the reasons for discrimination Dear Sir/Madam, were not at the forefront of our research. An additional point of interest in the second part of the situation testing My name is Ahmed Khaled. I am applying for the advertised position in of access to employment was the unequal treatment in three cases when it production. I have various experiences. I am hardworking, I learn came to the reference profile. Namely, it was an invitation to an interview quickly, I am fast at work. I was born on 03/05/1995 in Deir-ez-Zor, with a tester (i.e. a refugee) and not a reference person (i.e. a person with a Syria, where I also went to secondary school. I speak and understand Slovenian-sounding first and last name). All three jobs were for unskilled the Slovenian language fluently—I passed the Slovenian language and physically demanding production and assembly line work. Although, in exam. I live in Slovenia, I have refugee status since 2018. I also have a our research, the tester and reference profiles were not necessarily Slovenian driving licence. educated more than was necessary to occupy the position, this data nevertheless adds to the literature that highlights the problem of deskilling Looking forward to hearing from you. in persons with international protection or the migrant population in Kind regards, Ahmed Khaled general (Pajnik and Bajt 2011; Ladić et al. 2018, 2020, 2022). In migration 92 Ethnic Discrimination Measuring Discrimination 93 research, the term deskilling is often used to describe situations in which country. In the event of an explicit refusal, we recorded any reasons that people with higher education qualifications work in jobs that do not were provided in the explanation. 100 tests were planned (i.e. 100 x 2 require such qualifications. Deskilling is also discussed within the replications = 200). We performed 103 tests. Testing of access to a general framework of racial and ethnic prejudices about lower knowledge and practitioner took place by e-mail from 22 to 24 June 2021. skills, which lead to a situation where migrants accept jobs that do not From the total number of all performed tests, we first eliminated 44 utilise their resources and competences in the same way as the “native” tests in the further analysis, which were unsuitable for analysis for several population (Korzeniewska and Bivand Erdal 2021). Although the status of different reasons, most often due to lack of data. Of the 59 tests suitable for persons with international protection is the same as citizens, and they have inclusion in the analysis, we analysed the situation testing after a more free access to the labour market, their reality is characterised by prejudice detailed data analysis on the example of 51 performed tests, where we and discrimination, which they encounter very often. The conditions in the could undeniably compare the results obtained for the tester and reference labour market prevent them from getting a job in accordance with their profile (see Table 3). The analysis of 51 conducted tests shows that in none education or qualifications, so they are forced to look for employment in of the tested situations can we talk about the occurrence of discrimination. low-skilled jobs. In two cases, the practice staff actually made more of an effort with additional questions and guidance for the patient in the tester profile than in the reference profile. Healthcare TABLE 3: Situation testing of access to a general practitioner #1 (by e-mail) Access to a general practitioner was tested. First, we searched for Number % information about available general practitioners on the website of the Health Insurance Institute of Slovenia and searched for their contacts on Number of tests performed 103 100,00 the websites of various health centres throughout Slovenia. We prepared a Number of tests excluded from the 52 50,49 list of contacts of 100 general practitioners and medical practices across analysis Slovenia. We entered each formal vacancy in a table (first and last name of the general practitioner, location, contact), assigned a serial number (#1 – Number of tests analysed 51 49,51 #100) and entered the contact information corresponding to the serial No unequal treatment 51 100,00 number (e-mail address and, just in case, phone number) into the table. The situation testing took place electronically (by e-mail). First, the Source: Reducing Discrimination. tester sent an addressed question by e-mail, whether they were still accepting new patients and inquired whether they could register or bring However, it is important to also analyse the 8 cases that were otherwise their health records if they would have been accepted as a patient. After a excluded from the analysis (see Table 4 showing an alternative way of few hours or a day later, the reference person sent the same inquiry. If we interpreting the results). In these 8 cases, which could potentially be received a reply in both cases (for the tester and reference profile), we included in the analysis, the test failed in the case of the tester profile, but considered the test successful and further compared whether there was an the test could be performed for the reference profile. In other words: the invitation to bring the health record or whether the answer was that the tester profile failed to receive any response from the practice (not even an general practitioner was still accepting new patients or not, and what was automated reply, which is quite unusual), whereas the reference profile the tone of the message and the information provided (Was it the same? received a positive response in 6 out of 8 cases that she could be registered Was it shorter/longer? Etc.). If the tester was rejected and the reference and that she could bring the health record. In the remaining two cases, the person was invited, the test indicated a presumption of discrimination. response indicated this possibility (in one case: “Dear Madam, for The test is based on first and last name, and both people have health information call on Tuesday from 8-11 a.m.” and in another case: “Hello. We insurance, which was highlighted. The difference between the tester and accept new patients only for residents who have a permanent residence in reference profile is, therefore, in the name and different languages and [place deleted]”). 94 Ethnic Discrimination Measuring Discrimination 95 TABLE 4: Situation testing of access to a general practitioner #2 (by e-mail) they could come and see the apartment. If the tester was rejected and the reference person was invited, the test indicated a presumption of Number % discrimination. If the call was not accepted during testing, we blocked the number or deleted it from the list, and the reference person did not call it Number of tests performed 103 100,00 (see Šetinc Vernik 2016). We also compared the tone and the information provided (Was it the Number of tests excluded from the 44 42,72 same? Was it shorter/longer? Etc.). In the event of an explicit refusal, we analysis recorded any reasons that were provided in the explanation. The difference Number of tests analysed 59 57,28 between the tester and reference profile was in the name, accent and country. Otherwise, in both cases, the person always said that they were No unequal treatment 51 86,44 looking for an apartment in accordance with what was advertised (for example, they live in a couple without children, or they are single without Potential unequal treatment 8 13,56 children). Both people also said that they do not smoke, have no pets, are tidy, reliable and have full-time employment. Source: Reducing Discrimination. All communication took place only by phone, so after the testing, we cancelled all the arranged visits and thanked the lessors. 100 tests were We have insufficient data to conclude that these were potential cases of planned (i.e. 100 x 2 replications = 200). We performed 100 planned tests discriminatory treatment of the tester profile. However, there is a strong and an additional 60 tests using the adapted method. suspicion that in 14 per cent of the cases, the patient may have been treated The first testing was conducted by telephone on 24, 25 and 26 May unequally based solely on personal circumstances. In any case, it is an 2021. Out of 100 tests performed, 51 were excluded from further analysis interesting result that points to the need for further elaboration of the due to inappropriateness following the methodology (for example, methodology for cases of electronic situation testing. In other words: telephone numbers to which the lessors did not answer during the testing). sometimes the non-reply may be a reply. This reflection led to the There remain 49 cases for analysis, of which, in 10 cases, the tester profile conclusion that in the analysis of situation testing, it is reasonable to treat received the reply that the apartment was no longer available, while the such situations as cases of a potentially unequal treatment since there are reference person received a response that it was (see Table 5). differences between the tester and reference profile. The data show that in over 20 per cent of cases, we can talk about unequal treatment in access to renting an apartment. The refusal of the tester usually took place in the sense that the apartment was already Access to Goods and Services rented. The tester received additional questions in a few cases and was instructed to call the following week. The reference person was invited for Access to a rental apartment was tested with private providers. First, we a viewing and was told by the lessor that “they didn’t just let everyone in.” In searched for information on private offers for letting apartments on the at least one case, the reference profile also reported that the lessor told Internet (on the website www.nepremicnine.net). Then, we prepared a list them that he “wants a Slovenian and doesn’t like southerners”. of at least 100 offers throughout Slovenia, as we were interested in the Although our hypothesis before entering the field was that the worst geographical dimension of potential discrimination. Finally, we saved each discrimination in the area of finding an apartment for rent would be in the offer (screenshot), assigned it a serial number (#1 – #100) and entered the area of Ljubljana or Koper, where the offer is already limited in view of the contact information (phone number) corresponding to the serial number high demand, the situation testing did not confirm the geographical outliers into the table. and the cases of potential discrimination are distributed throughout The situation testing took place over the phone, in pairs. First, the tester Slovenia (Ljubljana, Duplica, Hrušica, Koper, Jesenice, Kamnik, Lenart). made a phone call; about 15 to 30 minutes (or a few hours at most) after the After an internal evaluation of the course of the fieldwork, we decided to tester, a reference person called the same number. Both of them asked if repeat the situation testing of access to housing with the adapted method 96 Ethnic Discrimination Measuring Discrimination 97 TABLE 5: Situation testing of access to housing #1 (via telephone) TABLE 6: Situation testing of access to housing #2 (via telephone) Number % Number % Number of tests performed 100 100,00 Number of tests performed 60 100 Number of tests excluded from the analysis 51 51,00 Number of tests excluded from the analysis 31 51,67 Number of tests analysed 49 49,00 Number of tests analysed 29 48,33 No unequal treatment 39 79,59 Unequal treatment 10 20,41 No unequal treatment 18 62,10 Undeniably unequal treatment 7 24,14 Source: Reducing Discrimination. Potential unequal treatment 4 13,80 (Učkur 2016; see also the subsection on education below). One person made the calls and first inquired whether the apartment was still available. Unequal treatment, sum 11 37,93 This person was a reference profile. For ethical reasons, we no longer included a tester with the discussed personal circumstance at this stage. Source: NIEM. After receiving a reply, if it was positive, the reference person said they were, in fact, looking for an apartment for a friend. In the conversation, they then said that their friend came from another country or that they had Education international protection status (i.e. they were a refugee). The second testing was conducted on 7 July 2021. 60 tests were performed according to the adapted method (see Table 6). Of the 60 cases, In the area of education, it was impossible to perform classical situation 21 were uncompleted tests (they did not answer or wanted to be called testing, so we also used the adapted method. The reasons for this are back at another time or day, so they were excluded from the testing ethical, as due to the COVID-19 epidemic, this area was extremely according to the methodology). 39 tests were carried out (someone burdened. In addition, the reasons are also objective: (1) formally, access to answered), of which 10 apartments were already rented or had already education is provided to everyone, and in fact, research also confirms that it been arranged for viewings. Therefore, 29 tests remained suitable for is one of the least problematic areas (see, for example, Ladić et al. 2022), (2) analysis. Of these, 18 cases involved the absence of unequal treatment. We the timing of the situation testing did not correspond to the enrolment identified 11 potential cases of discrimination, of which 7 cases involved deadlines, and (3) such testing due to the necessity of presenting personal undisputed unequal treatment, and another 4 cases involved potential data, tax numbers, etc. was not possible. discrimination. To cover this dimension in terms of testing the phenomenon of Therefore, when we carried out situation testing in which the potential discrimination, however, we conducted qualitative testing using an adapted tenant was a foreigner or a person with refugee status, discrimination method that follows the method of situation testing but does not use two occurred in as many as 24 per cent of cases, and potential unequal different profiles (see Učkur 2016). We tested the possibility of enrolling for treatment was as high as 38 per cent. Explanations for refusal varied from people who supposedly immigrate to Slovenia just before or during the simple rejections that “I wouldn’t do that” and “I’m not in the mood for that” because “we really wouldn’t deal with it” and that they “really didn’t want start of the school or academic year and have some problems with the trouble” (while usually adding “don’t get me wrong”) to gruff: “A refugee? Slovenian language but are otherwise successful (i.e. have good grades). No, not a refugee!” 98 Ethnic Discrimination Measuring Discrimination 99 We prepared a list of 20 educational institutions for testing throughout UNIVERSITIES: Slovenia and sought contacts: five elementary schools, five secondary 1. I am interested in the procedure for enrolling a friend in the first year. schools, five gymnasiums and five universities throughout Slovenia 2. I am interested in the inclusion process, given that she does not speak (different regions). We sent an inquiry regarding enrolment to all schools the Slovenian language. Will she get any additional assistance since she by e-mail. Subsequently, we also called all the schools by phone during the only speaks Albanian and English? predetermined period to conduct the testing. We qualitatively analysed and 3. I wonder if she will be the only student from abroad (will the other compared the responses: we carefully recorded the manner, tone, amount, students accept her considering that she comes from elsewhere and speed of communication and information given, and then analysed and speaks a different language)? compared the responses (friendliness, amount of information, 4. Is enrolment possible this year or only next year? accessibility). We addressed the following inquiries to educational institutions: TABLE 7: Situation testing of access to education (e-mail and telephone) PRIMARY SCHOOL: Hello, Maja on the phone. My husband has a colleague, and based on Type of Primary Secondary Gymnasium University family reunification, his wife and child are coming to Slovenia from educational school school Kosovo. institution 1. I am interested in the procedure for enrolling a ten-year-old child in your Number of all 5 5 5 5 primary school. tests 2. I am interested in the inclusion process, given that the child does not performed speak the Slovenian language. Will he get any additional assistance since Number of tests 0 3 5 0 the child only speaks Albanian? excluded from 3. I wonder if he will be the only child from abroad (will the other children the analysis accept him considering that he comes from elsewhere and speaks a Number of 5 2 0 5 different language)? tests analysed 4. Is enrolment possible this year or only next year? % 100 40 0 100 SECONDARY SCHOOL and GYMNASIUM: No unequal 5 / / 4 Hello, Maja on the phone. My husband has a colleague, and based on treatment family reunification, his wife and child are coming to Slovenia from Unequal 0 / / 1 Kosovo. treatment 1. I am interested in the procedure for enrolling a boy in the first year. % 0 / / 20 2. I am interested in the inclusion process, given that the child does not speak the Slovenian language. Will he get any additional assistance since Source: Reducing Discrimination. he only speaks Albanian? 3. I wonder if he will be the only child from abroad (will the other children Testing in the field of education took place on 27–30 September and 21–22 accept him considering that he comes from elsewhere and speaks a October 2021. Out of the 20 tests performed, 8 were not valid, and we different language)? excluded them from the analysis (we did not receive a reply or they wanted 4. Is enrolment possible this year or only next year? to be called back at another time or day, so they were excluded from the testing). Thus, 12 tests were included in the analysis (someone answered, and we got enough information for qualitative analysis), of which 5 were in 100 Ethnic Discrimination Measuring Discrimination 101 primary schools and universities, and 2 were in secondary schools (see information. Only one of the universities offered assistance with the Table 7). Unfortunately, none of the tests we administered in gymnasiums Slovenian language, while two out of five offered Slovenian language was suitable for analysis. A detailed analysis of the obtained results courses. Three universities did not have one, but two had an integration indicates that in none of the tested situations can we talk about the programme for international students. One university had a tutor who was occurrence of discrimination, except potentially at the universities. usually an international student. At all five tested faculties, the tone of the conversation was friendly. Three universities only provided basic Primary schools: information about the fact that we should pay attention to the publication The most information in the entire sample of educational institutions was of the call for applications and deadlines. Two universities provided three obtained from primary schools. In three of the five primary schools we essential pieces of information: (1) that we must pay attention to the analysed, we were referred to the counselling service for more detailed publication of the call for applications and the application deadline, (2) that information and to a psychologist in the remaining two cases. Immediate we must submit a school certificate and (3) where to apply. Of these, one enrolment at the school was made possible everywhere, and they also had university stressed that they were “checking credibility” (but did not additional assistance for foreign pupils. Except in one case, the tone of explain this further). Here they also clearly showed unequal treatment, as communication was friendly and helpful; everywhere, they gave us a lot of they directly told us that the (fictitious) person (presented in the test with a information or told us all the necessary things. In one case, they sent us personal circumstance) “unfortunately cannot enrol in this faculty because additional information by e-mail (i.e. that we needed a certificate of of the Slovenian language”. The issue of language is, of course, crucial if a residence (permanent or temporary), a medical examination (if there was person cannot follow the lessons or lectures in Slovenian during the no health insurance, they recommended a free clinic, and they also added education process. Based on this information alone, we can conclude that it contact information), a certified copy of school certificate, personal data of is an unequal treatment based on language, citizenship, or ethnicity. Since it the pupil and parents (personal identification number, date of birth) and is a tiny sample, we cannot generalise that this applies to 20 per cent of all that we could attach copies of personal documents). Given all this higher education institutions in Slovenia. However, in connection with data information, we cannot talk about unequal treatment. The field of access to from other sources, a potential unequal treatment in this sphere of education at the primary school level is also highlighted in research as the education is indicated, which should be further tested in the future. brightest point of integration of immigrants in Slovenia. Secondary schools: Conclusion Of the two secondary schools we analysed, we were referred to the counselling service for more detailed information. Immediate enrolment was not possible in any school, and information was very scarce, even Situation testing demonstrated a total of 15 per cent of potential cases of regarding the enrolment process itself. The tone of communication was ethnic discrimination in access to the labour market or employment, while neutral to friendly. No school had an integration programme. One school for refugees in as many as 48 per cent of cases very clear unequal treatment offered additional assistance to international students, which means a was shown—even for professions with a large labour shortage. In the area team or a person oversees such cases. They advised us to call again in of housing for rent, unequal treatment based on name and language March next year and submit the application then. At the other school, they occurred in 20 per cent of cases. This share increased to 38 per cent of did not offer any assistance for international students. We were dismissed potential ethnic discrimination when the tenant was a foreign national or a very quickly there too. Due to the small sample and very little information, person with refugee status, and we even heard an explicit refusal: “A we cannot conclude about (un)equal treatment. refugee? No, not a refugee!” Although research shows that the majority of the population in relation to immigrants emphasises their qualifications or Universities: competences more than their ethnicity (Medvešek et al. 2022), our analysis No tested university offered immediate enrolment. Instead, they all showed that refugees are strongly stigmatised, which contributes to redirected us to the faculty administration, where we obtained more increased social distance and negative attitudes and prejudices towards 102 Ethnic Discrimination Measuring Discrimination 103 this population. In healthcare and education, we have too little data to draw sending job applications is particularly challenging. For each ad, it is conclusions about ethnic discrimination. However, a closer inspection necessary to adjust the application slightly (in terms of education, work suggested that in 14 per cent of cases, there may have been unequal experience, language skills, etc.) and then coordinate the tester and treatment of the patient simply based on ethnicity. In any case, it is an reference application. Additional information on how existing studies with interesting result, which in the future indicates the need for additional samples of a few thousand performed tests address this problem would be elaboration of the methodology for cases of electronic situation testing in a welcome (see, for example, Carlsson and Eriksson 2016; Koopmans et al. way that sensibly treats situations of the absence of a response to the tester 2019). Ruud Koopmans, Susanne Veit and Ruta Yemane write in the profile with the simultaneous presence of a particular reaction to the inventory of the methodology in their research on discrimination in the reference profile as cases of unequal treatment. labour market in Germany: “Our applications not only included a The results of the situation testing unequivocally showed two effects: motivation letter and a CV, but also full copies of vocational training (1) ethnic discrimination in Slovenia is most evident in the area of work and certificates and secondary school diplomas. Further, it is customary to employment and (2) in the area of housing. In the concluding part, in include letters of reference from previous employers and, importantly, a addition to summarising the obtained data, I also comment on the photograph of the applicant” (2019: 237). Since it was unclear how the implementation of situation testing and the method’s applicability. For the research team accomplished this, I searched for additional materials and fields of education and health, the situation testing data did not definitively found that a programmer was hired, stock photos and Photoshop used for show unequal treatment, but this does not mean that discrimination does creating photos, as well as software created to run the experiment (see Veit not occur in these areas, rather, it turned out that under the given and Yemane 2018 for further details). We did not have sufficient funds for conditions, the situation testing method is not entirely suitable for such an elaborate discrimination testing but we also did not wish to engage determining potential discrimination. There are several reasons for this, in such a process due to ethical reasons. Methodological concerns are but in particular, it concerns objective circumstances, especially: especially justified, as there are known cases where researchers were even arrested for fraud during testing and accused of making false claims (Heath 1. The research occurred during the COVID-19 epidemic when the and Di Stasio 2019). imperative to establish physical distance was applied, most activities Attention should also be paid to the fact that this method can cause and personal contacts moved to a virtual environment, and direct personal unease for researchers or all participants in the testing. The moral communication was replaced by e-mail. aspect of the testing was problematic, namely a sense that we might be 2. When checking access to a general practitioner, it turned out that the causing harm by misrepresenting ourselves, that we are dishonest. An research is taking place during the dismantling of the public health unpleasant feeling, especially when invitations to job interviews came, and system, when many patients in Slovenia face difficulties accessing a we did not respond, means we wasted people’s time. This was especially general practitioner. pronounced when testing access to healthcare, as healthcare institutions 3. In the field of education, in the formal sense, access is the same for all reacted as positively as possible. During the epidemic, when people already children regardless of status, but simultaneously, many documents had such difficulty getting to a general practitioner, we had a terrible feeling are required for enrolment. Therefore, the method of situation that we were depriving the healthcare workers of valuable time and energy testing does not correspond to the verification of potential “just because of research”. discrimination in access to education (ethical issue of falsification of Yet the most difficult challenge is facing discrimination for persons who personal data). themselves have a personal circumstance and, when conducting situation testing, actually relive the processes of exclusion (Rorive 2009). This can Situation testing requires substantial preliminary preparation, which is happen despite all preparations and prior discussions on this topic. very time-intensive. Searching and choosing suitable ads for apartments Unfortunately, this also happened in our case. Due to such pressure, we and general practitioners is less problematic, although it is time-consuming were forced to withdraw from the continuation of the paired situation since the information is scattered. But in situation testing of access to testing and adjust the method. employment, in addition to searching and selecting job advertisements, 104 Ethnic Discrimination 105 Despite several months of preparation for carrying out discrimination situation testing and several meetings of the team that performed the testing, even before the fieldwork started, we all had quite a few ethical problems when implementing the method. It was especially difficult for the tester, a person with the discussed personal circumstances. After 100 telephone tests, in line with the internal evaluation we did not want to burden them with additional tests and hence partially adapted the method according to the research needs. 6 PERCEPTIONS AND CONSEQUENCES OF DISCRIMINATION When we inquire about the origins of discrimination or why this phenomenon occurs in the first place, one of the reasons can be found in the lack of knowledge about what discrimination is and the consequent lack of awareness that it is a criminal practice that should not occur in society at all. Discrimination, as the unequal treatment of individuals and specific groups, is closely related to the occurrence of social and individual prejudices, as well as a lack of awareness that such behaviour is unacceptable. Indeed, research shows that for people who experience discrimination, it is very stressful, and in some cases, the psychological burden is so significant that it amounts to trauma (Carter and Pieterse 2020). Simultaneously, the misunderstanding in the environment or its failure to recognise complex inequalities can further potentiate the feeling of discrimination. Research in Slovenia also confirms the increase in hate speech and negative attitudes towards immigrants (Kogovšek Šalamon and Bajt 2016; Pajnik et al. 2018), which can have actual negative consequences on their lives, as they experience discrimination (Waisman and Larsen 2008). For example, a study in Sweden recently found that immigrants earn less in municipalities where the majority population has a very negative attitude towards immigrants (Schilling and Stillman 2021). Even in Slovenia, the latest research indicates that, for example, the social distance towards immigrants is increasing and that the majority of the population expects from them mainly adaptation to Slovenian society, but not cooperation in 106 Ethnic Discrimination Perceptions and Consequences of Discrimination 107 the co-creation of common social norms and values (Zavratnik 2013; personal narratives, life histories and other life documents, and spoken Jalušič and Bajt 2020; Toš 2021; Medvešek et al. 2022). Therefore, the discourse (Atkinson 2005: 2). With the widespread use of biographical majority of the population fails to understand integration as a two-way material in social science research, considerable uncertainty can be process of adaptation both on the part of the immigrants and on the part of observed regarding the analysis of such data, as it is impossible to handle it the majority society, but the integration policy primarily requires the with the help of standardised analytical procedures. Some authors (for adaptation of immigrants, where the state plays the role of setting the example, Riemann 2003: 3) point out that analytical procedures often conditions, and the immigrants play the role of adapting to these conditions remain hidden when working with biographical material. In scientific and (Medvešek et al. 2022). professional texts representing biographical material, a discussion of the Similar processes are also found in research of other minority and process of working with data, the process of drawing conclusions, and marginalised groups (see, for example, Babič Ivaniš et al. 2006; Klopčič producing theoretical conclusions is usually missing. The process of 2010; Bešter and Pirc 2020; Frank 2020; Ladić et al. 2022), as Slovenia reaching conclusions often remains obscured, analytical procedures are remains a rather ethnocentrically closed society (Bajt 2010, 2016, 2021b), not evaluated, and this increases the risk of misunderstandings and which, both at the macro level of state policies and at the micro level of misconceptions about the data or the method itself. In the present individual prejudices, has yet to achieve the matching of equality publication, we strive to bridge this gap with a reinforced critical and proclamations with actual implementation in everyday life. After I have analytical treatment of selected research methods and by simultaneously demonstrated what people’s experiences with discrimination are and how emphasising some of the theoretical and practical challenges of such much this phenomenon is present in individual areas of life, I am also research. interested in how people understand and experience discrimination and For example, the biographical method, which derives from the its consequences. In this section, therefore, I focus on narratives and interpretive paradigm tradition developed by the Chicago School of personal experiences of discrimination representing the last discussed Sociology in the 1920s, experienced a “renaissance” in sociology, history, dimension of discrimination in this book, namely the dynamic and social psychology, and anthropology in the 1970s and 1980s (Rener 1993; cumulative view. 1996), and flourishes in European social science, especially in German sociology (Apitzsch and Siouti 2007). Although the method was gaining ground in the 1980s, it was still marginalised and often the subject of critics Qualitative Narratives Research who problematised the mythologising of the narrative, stating that it was impossible to judge how much of the narrative was true and how much the result of imagination. Doubts about the validity of the method also arose in Qualitative research is increasingly applied not only in sociology, connection with the question of the (im)possibility of generalising research anthropology and communication science but also in other social sciences, findings (Apitzsch and Inowlocki 2000: 56). Since the 1970s, the for example, in cultural geography, discursive psychology, feminist studies, theoretical and practical importance of biographical research has been cultural studies, health and care studies, organisational and educational established, especially under the influence of French (post)structuralism, research (Atkinson 2005). Qualitative studies are also part of other British sociology and German phenomenology, which co-created the disciplines, for example, architecture, medicine or mechanical engineering method as we know it today (Chamberlayne et al. 2000: 5–9). These (Knoblauch et al. 2005). The biographical approach is also considered to influences sharpened the importance of subjective experience in the transcend traditional disciplinary boundaries between sociology, method, and they started from the assumption that biographies co-create anthropology, psychology, linguistics, history, social work or pedagogy and society and are not simply something that society shapes, as it is a matter of is thus an important example of transdisciplinarity (Riemann 2003). In mutual influence (Pajnik and Bajt 2009). Despite the growth of literature in recent decades, there has been a noticeable increase in methodological this field, the danger remains that the goal of qualitative research is merely literature and the growing use of qualitative research in various disciplines, the reproduction of the personal experiences of individual participating which leads to the fragmentation of approaches to data collection and persons, while a broader reflection of the narrative is lacking. To avoid analysis. Certain types of data are gaining increasing validity, such as simply reproducing narratives, an important emphasis of the biographical 108 Ethnic Discrimination Perceptions and Consequences of Discrimination 109 approach since the 1990s has been the conception of biography as a social narration from the interviewee’s perspective. We have retained the construct (Apitzsch and Siouti 2007). narrative interview imperative, which, by using a specific type of everyday The biographical approach puts the interviewees in the foreground and communicative interaction that includes story-telling and listening, enables enables a more detailed insight into their specific experiences of a less forced and, therefore, more authentic telling of the story. That is why discrimination. In contrast, a standardised interview carries the risk of attentive listening was essential, meaning the role of the interviewer as an loaded questions and co-forms the answers when composing the active listener who did not intervene in the narrative in any way until the questionnaire. The biographical method provides an insight into the social, interviewee clearly indicated the end of their narrative (see Pajnik and Bajt economic, political and legal conditions in various life situations to which 2009). Due to the emphasis on narration, the language was also of the respondents have to respond and which they try to manage. Therefore, considerable importance, the choice of which had to be left to the it enables the study of such conditions. It also indicates how they intersect interviewee. They should be given the opportunity to express themselves and what the interactions between them are and reveals the experiences in the language that suits them best. When researching discrimination, it is and views of members of different social groups. Personal narratives are indispensable that the participants are not excluded based on language but relevant for analysing social phenomena, they represent the multifaceted that the research team adapts to the needs in the field. A few interviews nature of social action and enable the redefinition of concepts, so they must were thus conducted in a combination of different languages, mainly BCS be analysed and critically reflected upon (Atkinson 2005). Therefore, the and English, although most were conducted in Arabic and Slovenian. The biographical approach is instrumental in the research of discrimination use of interpreters was not necessary, as the interviews were also because it enables an empirical treatment of the complexity, diversity and conducted by two intercultural mediators. variability of the processes of exclusion and differential treatment by The initial question that the interviewer always asked all interviewees emphasising individual experiences. was: “Do you (personally or your clients) notice the phenomenon of discrimination in connection with the personal circumstance of ethnicity, ‘race’, nationality and/or religion?” Simultaneously, we let them define the Interviewing During COVID-19 TABLE 8: List of expert interviews (anonymised) Despite the initial assumption that we would conduct a narrative interview, No. Date Organisation Region we adjusted the implementation of the fieldwork in the given objectively 1. 12. 8. 2021 Society A Central Slovenia limiting conditions due to the epidemic. We still insisted on the method of a 2. 17. 8. 2021 Institute B Central Slovenia qualitative research approach, in which we replaced the narrative 3. 18. 8. 2021 Society C Gorenjska and beyond unstructured in-depth interview by the method of an in-depth semi-4. 18. 8. 2021 Institute D Gorenjska and beyond structured interview. The former assumes a situation in which the 5. 18. 8. 2021 Society E Primorska interviewees, as partners in communication, are encouraged to tell their 6. 18. 8. 2021 Community F Styria (life) story, where fundamental purpose is the reconstruction of social 7. 19. 8. 2021 Institute G Ljubljana events from the interlocutors’ perspective, who tell the story most directly. 8. 23. 8. 2021 Association H Slovenia Switching from unstructured to semi-structured interview, we were aware 9. 31. 8. 2021 Association I Prekmurje that by wording the questions in a specific language (Bauer 1996), even 10. 16. 9. 2021 Centre J Slovenia semi-structured schemes can often be based on pre-existing conclusions 11. 24. 9. 2021 Society K Slovenia that form the research questions. Therefore, we tried to avoid this by using 12. 27. 9. 2021 Association L Maribor critical reflection and extensive consideration of the most appropriate way 13. 27. 9. 2021 Society M Maribor to conduct fieldwork in the form of interviews. 14. 22. 9. 2021 Activist Slovenia We looked for ways to minimise the role of the interviewer while 15. 29. 9. 2021 Expert Slovenia simultaneously creating a situation allowing for the most authentic Source: Reducing Discrimination and NIEM. 110 Ethnic Discrimination Perceptions and Consequences of Discrimination 111 relevant “identity” or “identities” (i.e. personal circumstances relevant to If they answered yes to the initial question, we asked them to explain them). If they asked what discrimination was, we first waited, and after a specifically what it was about or if they could describe a specific example. pause, we helped with an explanation: Simultaneously, we added that we are interested in their experiences as close as possible to the present and said that we are particularly interested “Discrimination means unequal treatment prohibited by law, which in the discussed personal circumstances or ethnic discrimination. Just in has no justified reason: people are treated worse than others simply case, we also prepared an additional set of sub-questions, which we asked because of a certain personal characteristic (for example, skin as additional guides in the narration of the interviewees if needed. colour, ethnicity, religious belief, etc.). Behaviour at issue hinders or Between 12 August and 29 September 2021, 15 in-depth semi-deprives them of various rights and everyday opportunities.” structured expert interviews were conducted (see Table 8). Between 10 June and 29 September 2021, 14 semi-structured interviews were conducted with male asylum seekers and persons with recognised Table 9: List of interviews with people with migration experience international protection or refugees. Between 1 and 29 September 2021, (aggregated) 18 additional discussions with refugees were held, and between 1 November 2021 and 20 May 2022, ten more in-depth semi-structured interviews were conducted with refugee women. Combined, 42 individual Number Share conversations were held with people with migration experience between Gender Male 29 69 % June 2021 and May 2022. As it is an extremely marginalised population, Female 13 31 % asylum seekers, in particular, are in very precarious situations, Table 9 lists only aggregate basic demographic data. Total 42 100 % Age Group Under 18 years 1 2 % 18–25 7 17 % The Most Problematic Areas of Discrimination 26–35 20 48 % 36–45 6 14 % Selected excerpts from the interviews, which most straightforwardly 46–55 5 12 % illustrate problematic areas of discrimination or describe the most frequent 56–65 0 0 victims of discrimination, are listed verbatim in the transcript of the 66 and more 1 2 % conversations below. A transcript was made for almost all interviews, and Unknown 2 5 % they were then qualitatively analysed using textual analysis (thematic and Total 42 100 % structural analysis method; see, for example, Rosenthal 1993; Inowlocki 2007; Pajnik and Bajt 2009). By revealing the textual elements in relation to Status Asylum seeker 3 7 % the general direction of the narrative, the aim was to gain insight into Refugee status 33 79 % encounters with discrimination and the specific experience of the Subsidiary protection 0 0 interviewees through the analysis of each interview. The interviewees often Family reunification 6 14 % moved between different areas of unequal treatment in their narratives and pointed to intersectional discrimination. They also illustrated that the Total 42 100 % topic under discussion is inextricably linked on the one hand with the subjective feelings of persons who experience discrimination themselves Source: NIEM. and on the other hand with allegedly objective circumstances, which, upon closer examination by the competent institutions, could also point to systemic inequalities. 112 Ethnic Discrimination Perceptions and Consequences of Discrimination 113 In the interviews, the persons reflected several times that do not necessarily show “objective truth” and do not allow for discrimination was a hidden and difficult to prove phenomenon and generalisations. However, they do help to explain the important wondered about the definition of discrimination: experiences and feelings that cases of unequal treatment represent in society regarding the personal circumstances in question (i.e. ethnicity, skin “Yes, talking about discrimination is a very ungrateful thing. It is very colour, nationality and religion). Although not all interviewees emphasised concealed sometimes.” (Interview #8) the same experiences and highlighted the same areas of life in the same way, some clear trends emerged in the narratives, which are summarised “What can be seen is a great, I believe, growing intolerance towards and illustrated by the quotes in this section. Above all, they point out that certain groups. Towards certain ethnic groups and nationalities living discrimination in Slovenia is a problem, and with particular emphasis, they here. Regardless of whether they have traditionally moved to this highlight which areas of life and which groups of the population experience environment [Istria], they have been living here for a long time, or have unequal treatment more often. Below, excerpts from the interviews just recently moved. Islamophobia is also on the rise, of course. It is illustrate the most key life situations in which people reveal experiences noticeable. Of course, this is also noticeable on a micro level. What our with discrimination. After thematic analysis, we grouped the life situations clients, colleagues and others notice is that [..] in educational highlighted in the narratives into the six most common categories: work institutions, or when entering the labour market, there is and employment, healthcare, access to goods and services, administrative discrimination on the grounds of ethnicity, religion [..] What still procedures and state services, education, and hate speech. The categories surprises me is that in the school environment, teachers can also based on the interviews thus also reflect the already highlighted areas from discriminate based on these personal circumstances. This [..] always the situation testing and the online survey, with a particularly new amazes me. Another thing is also in official procedures when official highlighted dimension of hate and discriminatory speech, which came to persons sometimes treat their, I will say, clients, these target groups, the fore here. Since discriminated persons often feel that they are not heard, people very inappropriately. Some people very clearly, very explicitly we purposefully pay attention to them in this place and give space to their express their intolerance towards other ethnicities, religions, origins, narratives. nationalities [..] Now I will not say that this is true on a daily basis [..], but these are matters that at institutions such as administrative units, or social work centres should not be happening.” (Interview #5) Work and Employment The results reveal the situation through the words of our interlocutors, The interviews showed results comparable to the other two data collection which we cite as an illustration of the situation in Slovenia. In some cases, methods presented in this publication, i.e. survey and situation testing. the narratives refer more to certain minority groups—precisely following Indeed, all of them emphasised unequal employment or workplace the field of work in which the individual interviewees are engaged or treatment. Simultaneously, the interviews emphasise various personal concerning their personal experiences with discrimination. However, the circumstances, from citizenship, religion, to skin colour or ethnicity. interviews are not limited to a particular personal circumstance. We were looking for interlocutors who can summarise the broader situation in the “It seems to me that this is still too much left to the enlightenment or area of ethnic discrimination in relation to the personal circumstances benevolence of employers instead of being aware of the principles and under consideration. The interlocutors also stressed that whether a person obligations of ensuring equal opportunities and non-discrimination. is treated unequally because of (alleged) citizenship, ethnicity, religion, or Of course, the problem is not only prayer (of members of any religious skin colour is often difficult to find out. It may, for example, result in unequal community) or, for example, a place to calm down, reflect, which could treatment due to language, which often actually refers to, and thus crosses, also be very useful for all other employees because stress and hardships several personal circumstances. do not arise only at airports or hospitals. The first question is whether The data in this chapter, which the research obtained through it is even guaranteed in Slovenia that people can legitimately expect to interviews, are the result of a qualitative method, where people’s narratives be able to celebrate at home and not be at work during their major 114 Ethnic Discrimination Perceptions and Consequences of Discrimination 115 religious holidays. The problem can be whether they will get leave, not “It should be pointed out that some jobs are also formally inaccessible to mention that they would not be assigned to work then, for example.” by law, for example, due to an unjustified condition of citizenship.” (Interview #1) (Interview #1) “Discrimination is present throughout. Even though it is legally “I see discrimination in accessing the labour market [..] They cannot regulated that the Roma community should have guaranteed access any job because they simply do not have the right visa in the eyes conditions for equality. In practice, it appears that there is still a lot of of employers and this is because they are from elsewhere and this is discrimination in the field of employment, also in the field of education discrimination based on nationality [..] To me, this [discrimination] [..] However, the fact is that [..] the degree of discrimination varies seems to be the strongest. Not being able to enter the labour market across Slovenia [..] Where the institute of the Roma counsellor, in because you are from another country and despite the fact that there cooperation with the municipality or mayor, has this dialogue so that is a shortage of workers. Even though we know there are vacancies, basically this can be resolved [..] When it comes to hiring, it is not a they’re simply not selected.” (Interview #4) matter of clear prejudice in the sense of the employer because it must be understood that the employer is looking for a vacant position; since “The case with my former student. She completed the programme he has a vacancy, he chooses the candidate he thinks is the best. We are with us and did her internship at the school [..] She was doing well, and talking about the private sector, of course, and here, of course, he they were delighted with her and used her in all possible [ways]; I chooses the best candidate, in his opinion, who will very rarely or mean at parents’ meetings, when pacifying the children, for almost never be a Roma. That is to say, it is not about some kind of translating, many things at school. She was really the right hand of discrimination in the sense of direct discrimination, but rather the staff every teacher at that school. And then she finished her internship, and choices. Therefore, we are trying to create some new jobs that will we asked this school if they would hire her for, say, an assistant there, or contribute to additional employment. And then indirectly quashing at least as an intercultural mediator [..] ‘Yes, we’ll see..’ Although they this prejudice towards discrimination, however […] I have direct had seen it already; she has proven that she was the staff that was experience. I was employed at the Employment Service as a actually needed in that school. And now recently there was a vacancy, coordinator in the search for new job opportunities for Roma, and we and they didn’t invite her. There was a call for just such a job. They were had [..] [T]he employer was choosing 10 vacancies from among 30 looking for someone who would work through public works. She met candidates. And in the group of 30, there were 4 Roma. I knew them. all the requirements, but they said there was too much competition to They presented themselves perfectly, and met the conditions for being take her. Now tell me, if that’s not discrimination, I don’t know what is. invited to an interview. And when this started, then the employer The lady is right for the job because they said it themselves, and she selected 10 out of those 30, and of course, I had no influence, but I had proved it. Here, this is one such example that seems to me, personally, it the opportunity to be there: and the employer selects and comes to 9. seems to me to be pure discrimination [due to ethnicity, citizenship, He chose 9 of them and not a single Roma. And then, before he selects foreign status].” (Interview #5) the 10th, I say: ‘Why not now the tenth one to be Roma?’ ‘No.’ A direct ‘no’. I said: ‘Do you have a reason, an explanation?’ He knew nothing. “I was employed in a company [..], and at some stage, I actually felt Then he says: ‘Well, only if you will vouch for him’. Indeed, one of them discrimination. But in such a way that it was impossible to prove it. was very good, I knew him, and I suggested him, and he selected him. Namely, it was about the fact that I, as the team leader, had a certain He selected him. But later, among those 10, this Roma was the best method, a certain methodology that I used, which they wanted to be worker. Then he admitted to me: ‘Yes, look, earlier, look, thank you for used more widely. But instead of choosing me to do it, they selected the selection’ […] But, I want to say, you really do have to do some someone else—a white person. At that time, I actually really felt convincing. But he decided exclusively, he saw by the appearance, he discriminated against and, because this person, not only did they took recognised by the last name that this was a Roma and there was no things over, but they actually came to me to ask me how to do it, and I chance. He wouldn’t, he wouldn’t.” (Interview #9) didn’t feel good at all […] In short, someone else took over the position 116 Ethnic Discrimination Perceptions and Consequences of Discrimination 117 that I should have actually got, and I would have done it well, or in any “My acquaintance friend, who is [..] not at all tight-lipped, but friendly, case better, and they also knew it [..] But now it is difficult to prove it.” tidy, educated, employed. But something was not right, the doctor had (Interview #7) such comments. An older gynaecologist, something probably didn’t sit well with her: why did she marry a Slovenian? and such, you know [..] “It seems to me that language is the main problem. If the accent is felt, her husband also said that the doctor discriminated, as did her mother-you will definitely be perceived differently. But if it is felt as if you were in-law [..] they say that something was wrong.” (Interview #2) born here and you speak Slovenian like a native Slovenian, that you have such an origin, then it is much less so [..] In our institution [..], we “As far as discrimination in healthcare is concerned, I have witnessed talked about it, and some thought that because of their first and last several cases, I don’t know if it is prejudice or if it was the current mood name, they did not get the position that appertained to them in terms of the doctor, but it happened several times that when I was of expertise and everything else. That it was just that [..] Or that they translating for certain ladies, the doctor in a very inappropriate way are being harassed at work because they have the wrong first and last [..] I don’t know, she raised her voice at the patient, or she scolded her, name.” (Interview #10) why do you come to Slovenia if you don’t even know a word or you just come to suck our system. At that time, because this lady in the case in Language and, above all, the assumption of ethnicity in relation to the question was heavily pregnant and only then came to Slovenia; when surname are also often mentioned in the literature. For example, perceived she was heavily pregnant, she was in Kosovo. She said: ‘You just come more negative implicit (but not explicit) attitudes were associated with to give birth in Slovenia, and there is nothing else of you!’ As a rule, the greater discrimination against job applicants who had “Middle Eastern” doctors address or talk to me because the patient does not understand. names (Rooth 2010). As one of the essential identity markers, which is But they disregard the fact that a person communicates mostly supposed to indicate the presumed ethnic origin of candidates, names are through facial expressions, gestures, and tone of voice, and a tiny also often used in correspondence tests, where, for example, test percentage is actually in speech. And as an intercultural mediator, you candidates have typical Moroccan names, and control candidates have try to calm these emotions, or rather you act as a buffer to convey what typical Belgian names (Verhaeghe and De Coninck 2021). Research has you have to say to one and the other. The doctor really should have said also shown that many respondents believe ethnic markers, such as their that to the patient in a gentler way. But she understood what it was all name, are even more responsible for the discrimination they face than skin about. I mean, she understood everything. It wasn’t even necessary for colour. Data from the Generation 98 survey, for example, show an me to translate for her.” (Interview #6) interesting comparison between Muslim and other non-European immigrants. Only among North African men is skin colour the primary A common thread in narratives about experiences with healthcare staff explanation for the discrimination they experience. Otherwise, the main revolves around language and prejudice. There is little research that explanation seems to be the ethnic (and, by implication, religious) addresses stereotypes and prejudices in a linked way. The research on specificity of their name (Silberman et al. 2007). cognitive bias, called illusory correlation, significantly impacted the cognitive explanation of stereotyping. Indeed, many studies substantiate the fact that illusory correlations in intergroup perception are a fairly Healthcare common phenomenon. Strange, special, different things remain in our memory, and we tend to perceive positive or negative connections between When describing potentially unequal treatment in healthcare, the events (objects, etc.), even though, in reality, there is no connection between interviewees often revealed the complexities of intersectional them. In 1976, Hamilton and his colleagues found in experiments that discrimination. In this area, too, the personal circumstances of citizenship, people overemphasised the rare behaviours of a numerically diverse foreigner status, ethnicity, skin colour and religion intersect, especially in group. In the experiment, the smaller (less numerous) group was described the interdependence with a lack of knowledge of the Slovenian language. more negatively than the larger (more numerous), although the ratio of negative to positive behaviours was the same for both groups. This alerts us 118 Ethnic Discrimination Perceptions and Consequences of Discrimination 119 how illusory correlations can create negative stereotypes about minorities. protection. So, discrimination within the health system starts right at Although the behaviour of members of minority groups is no worse than the beginning; from choosing a doctor, then to visiting doctors to the behaviour of members of the majority group, such errors can lead to appointments, arranging appointments, to consulting with clients. So, prejudice (Oakes et al. 1994: 45). We look for the causes of negatively the communication between the doctor and the refugee. It is true that evaluated actions directly in the members of the other group (“that’s just we are all aware that there is a language barrier. A doctor often says: the way they are”), and for our own group we find an explanation in ‘No, I can’t now, make another appointment and come with a objective circumstances (“unfortunate coincidence”, “we were provoked”, translator’. We agree, but sometimes certain things are not like that, I for example). will say important, deep, I don’t know, now if someone just comes to In the health field, the interviews revealed that individuals with refugee the laboratory—he doesn’t need to communicate much. Already here, status are particularly often subjected to unequal treatment, as language is things can go wrong. Let alone if we send the clients somewhere by a common barrier to communication for them (see, for example, Lipovec themselves, even though they are already independent, that they know Čebron 2021; Ješe Perković 2022). the system, that they know what the appointment is, they know where they need to go, they also know the basic things, how to say or show a “When they come to the doctor, they are turned away because they sheet.” (Interview #13) don’t know the language. They also specifically say to their face: ‘This is Slovenia. Slovenian is spoken here’. They behave inappropriately, shout The interviewees stressed the unfriendliness and unresponsiveness of the [medical staff]. The other day I was accompanying someone, the nurse staff in healthcare institutions, which cannot be said to be unequal was giving him [the refugee] instructions on how to prepare, and she treatment, but is entirely in line with already existing research in the field of was sputtering. He tried to understand a little. But because it was too integration in healthcare, which mainly highlights language barriers in fast, he said: ‘I don’t understand, I don’t understand,’ and she started communication (Huber et al. 2020) and language as a trigger for hate yelling. And I said: ‘He can hear well, but speak to him more slowly. The speech and racist prejudice (see for example Lipovec Čebron 2021; Ladić et problem is that you are too fast.’ Maybe she calmed down a bit, but [..] al. 2022). Examples of employees in healthcare institutions who use Realistically, many people don’t want to accept them if they come offensive and insulting language towards people who do not speak alone. They are basically saying they will not be able to treat the Slovenian are at least as well-known as comparable prejudices of patient correctly because they will not understand. But if someone is employees in the public administration (Medvešek and Bešter 2010; Pajnik scheduled for a medical examination because of work, because he has and Bajt 2011). to go to the job the next day, they refuse him?! Then [..] you know how A refugee from Lebanon described her experience with the healthcare it is [..], and he has to have this examination to go to the job the next system as follows: “Before I got my indefinite duration residence day, to start working. I mean, it’s such baseless reasons that they reject entitlement, I faced several incidents while seeking medical services. The them and yell at them all over the waiting room.” (Interview #12) most common was that they always left me waiting for a very long time. Even when I had a brain tumour, once, they let me wait for 13 hours, even “The most discrimination against the clients themselves, as well as us, though I was in severe pain at the time.” Long waiting times are a regular who also accompany them and are professional colleagues and occurrence in the Slovenian public health system. Therefore, we cannot consultants, is within the health system, and I am saying this broadly in conclude from the quote that unequal treatment occurred. It would also be the entire system—access to doctors. We have already noticed that difficult to argue that there was discrimination in the case of a refugee from even if some doctor said that they are either already too full, that they Syria who said: “The gynaecologist was terrible. A few years ago, I was are no longer accepting patients—but on their official website, pregnant and bled for two months. The baby was alive, but then I had a according to the list, as far as they have, we see that this is not the case. miscarriage. She treated me very badly and rudely. After two months, I And we have already had cases where, say, a Slovenian citizen was still went to a hospital [elsewhere]. And there they told me: ‘Why didn’t you taken by the doctor in question, but they claimed that they no longer come here earlier?’” But if we add the information that both women were take patients because we sent a list of persons with international Muslim, that both were refugees who did not yet speak Slovenian fluently, 120 Ethnic Discrimination Perceptions and Consequences of Discrimination 121 and that the Syrian lady was veiled and wore a hijab, the image of potential line and waiting at the cash register, I get harassed, especially by older intersectional discrimination emerges, which places people in a people.” (Interview #18) completely new reality of unequal treatment due to several simultaneous personal circumstances. The interviews showed some examples of denying access to clubs, as was Apart from cases of explicit discrimination, the interviews also illustrated by the quotations above. In their narratives, the interviewed emphasise the already mentioned difficult conditions in healthcare in persons also connected this phenomenon with police profiling based on general and look for reasons for such behaviour in the overload of medical skin colour, which is discussed separately in the section below on staff or personal stereotypes and prejudices: administrative procedures and state services due to the suspicion of systemic discrimination. “However, it may have happened two or three times that at the doctor, In the field of access to goods and services, the interlocutors mainly there was this entry point where the nurse was so rude. But this touched on access to those basic goods and services that do (not) enable a question again, yes [..] all possible stereotypes come to light. But we person to function normally in everyday life. Access to housing and banking know it’s also hard to call them up—getting to a doctor [is] almost services was most often emphasised in the interviews, as it is an area of science fiction.” (Interview #5) existence that concerns basic questions, such as where someone will live, what the quality of life will be, and how they can manage their finances “The first thing is that healthcare for asylum seekers has been severely enabling survival. cut. So, there is a doctor in the asylum centre, but they are often unavailable. Medical care, however, is limited to paracetamol. “We have a lot of immigrants from Kosovo and Albania. For example, Otherwise, there is care that is a pro bono clinic with a consulting there is also a big gap in communication here. In terms of amenities, of room. However, even there, the services they can provide are quite course, it is difficult to find an apartment […] The problem is in limited. Another thing, of course, is what is a problem for the general Ljubljana, my colleague told me. More numerous families where there population. This is the lack of medical and dental clinics, which of are 3 children and more do not get apartments at all. I mean, I don’t course is also felt by people with international protection status.” know, because of the kids or something. Some people still have this (Interview #15) [idea] that then, for example, you cannot evict a person, or what if there are children. Or that their apartment will be wrecked. I don’t know what reasons [they have]. In general, it is challenging for families Access to Goods and Services to get an apartment.” (Interview #12) “I experienced it first-hand; otherwise, not for myself, but for one of my “Last time, a colleague surprisingly explained that they never let him former students or persons in care. She is looking for an apartment, into one nightclub, which is otherwise known for being open to and I am calling everywhere on her behalf because she was left alone diversity. Of course, because of his looks, because he’s from the Middle with her child [..] She just couldn’t find it anywhere. As they hear that East.” (Interview #1) she is alone, that she is Albanian, there is simply no apartment for her, and I call one relevant person, it was an older person. Otherwise, this is “Periodically, they refuse entry to clubs to foreigners, actually people not discrimination at the state level, but it also happens in society, who look like foreigners. I was allowed to enter once, but my two right. Well, the gentleman offers an apartment suitable for this lady, friends from Pakistan were not allowed to enter the premises.” and I talk to him: ‘I heard that you have an apartment, you rent it out. (Interview #14) I saw it on the net, but I’m wondering if it’s still available?’ and he said: ‘Yes, for such and such price,’ and I discussed everything with him. ‘And “In shops, bars, restaurants, clubs or other services, they don’t let me now,’ I said: ‘One more piece of information. I don’t need this apartment into the club because I’m a migrant, a refugee. When I’m standing in for myself, but for one lady who lives alone with a child, etc.,’ I said. ‘What nationality is she, what is her situation?’ I couldn’t lie to a man 122 Ethnic Discrimination Perceptions and Consequences of Discrimination 123 about her situation [..] ‘Oh,’ he said, ‘madam, no, no, no, that’s seeker—and the labour market [..] The problems of the entire NGO completely out of the question.’ He said: ‘I don’t like to have problems. I sector, which provides support finding suitable accommodation for want peace, I don’t want to deal with these people.’ ‘Well,’ I said, ‘sir, on people with a refugee experience, as this is really necessary due to the what basis is this now?’ He said: ‘No, no, no, these are problematic dismissive attitudes of landlords. They can’t accomplish anything by people, these are violent.’ Mostly, he throws a couple of such prejudices themselves.” (Interview #1) at me because he has heard them, or maybe he has experienced them at some point. I can’t know. He said: ‘I don’t want to have any problems “[Have you ever experienced that someone who would rent out an with it.’ I said: ‘Good, but would you give me this apartment?’ ‘Yes, right apartment, after finding out that it was for refugees, would say that away,’ he said. I said: ‘And you, sir, do you know that I am also they would not rent it?] Yes, that too, yes: ‘But who is it about? For Albanian?’ And yes: ‘I don’t know that. Where did you learn Slovenian refugees.. Ah, no, I’ll think about it,’ or: ‘No, not that’. Or: “I’ll call again,” so well?’ and I don’t know what. Then he started talking to me a little but then the call is never returned. Yes, yes.” (Interview #12) differently [..], and I stopped. I simply said goodbye to this gentleman. And I experienced first-hand how they are rejected. They simply don’t “I changed five houses in a year and a half, and nobody wanted to get that chance and opportunity to prove themselves. You can’t lump return the amount I paid in advance as security or guarantee. For everyone together based on some prejudice!” (Interview #5) example, I paid 1,200 euros for the first house, but after a week, the owner changed his mind and told us to leave the house, and he refused Existing research also corroborates the difficult situation in the field of to refund me the 1,200 euros. The second house was in the centre. The access to goods and services. Immediately after receiving the status, for owner asked me to pay 300 euros every month for the expenses example, persons with recognised international protection are challenged, (electricity, water, heating, etc.) and it’s really expensive because it’s as they must take care of all the basic needs for life and survival. The main just my children and me, but he didn’t want to show me the bills, so I and one of the most challenging obstacles is housing, as they sometimes decided to leave the apartment. I paid 1,000 euros for the third house, spend several weeks looking for suitable accommodation, often with the and when I moved there, I met five other families [refugees or help of not one but two or three volunteers and friends and non-migrants] who also moved there and paid 1,000 euros each, and we governmental organisations (Ladić et al. 2022: 42). The lack of affordable found out that the owner was a fraud, and for a year we are still housing is a big problem in Slovenia in general, also because a significant waiting for the court’s decision to give us back our money.” (Interview share of renting takes place within the shadow economy. Rents have risen #18) in recent years (mainly in Ljubljana and on the coast), and it is difficult to afford a suitable place to live with average or even lower wages or financial Problems with banks were also repeatedly mentioned as a pressing assistance from the state. The problem is also that persons with recognised problem, as foreign nationals still face rejection of the possibility of opening international protection must submit a rental agreement for financial aid an account, which is a particularly pressing problem for applicants for from the state, and many property owners do not sign a rental agreement international protection (see also Ladić et al. 2018, 2020, 2022; Ješe at all or do not specify the actual rent in the agreement to avoid paying taxes Perković 2022; Učakar 2022): (although by doing so they violate the law). An additional problem is landlords’ discrimination, who refuse to rent out to third-country nationals “The best-known cases are when persons with international in general and to refugees in particular (ibid.). As with access to health protection failed to open bank accounts. This was also pointed out by services, the interviews also here showed that unequal treatment is most the Advocate of the Principle of Equality and the Ombudsperson. What pressing for persons with international protection (i.e. refugees) and help is it if they say that we have a problem in society, but as far as we asylum seekers: know, not to a single individual did they say that he was right in a specific case? There are always some circumstances that are supposed “Certainly, the most pressing issues are housing—people find it difficult to justify the ‘misunderstanding’, precisely the culture of looking for to lease an apartment to a foreigner, let alone a refugee or an asylum excuses.” (Interview #1) 124 Ethnic Discrimination Perceptions and Consequences of Discrimination 125 “Banks present many problems with asylum seekers because they do assistance from the postal employee in cash on hand. And they don’t not allow opening bank accounts or make it conditional on a regular get a refund on that cost!” (Interview #13) income, such as employment or obtaining any form of state social assistance.” (Interview #15) Administrative Procedures and State Services “We have, I would say, systemic discrimination. Systemic discrimination is included in the system, for example, access to a bank account. You can’t open a bank account, but it’s difficult to prove it, and In addition to discrimination, the interviews often revealed too many the fact didn’t go through that, for example, the banks were warned by bureaucratic hurdles. All official procedures became even more perplexing the Advocate of the Principle of Equality regarding equal treatment. during the COVID-19 epidemic when they were supposed to be carried out Well, but this is still happening. There, they also have parallel only online or were postponed, which is why there were delays and access legislation on the prevention of money laundering and corruption, and to administrative units was difficult. Before the COVID-19 epidemic, the answer is time and again—and this is also sometimes a administrative units had office hours when people could access them in substantiated answer, a professional answer—that certain security person. Even before the epidemic, for example, there were considerable processes are required and necessary because of this law, and that’s it. Then there are these trivial situations where a bank is suspicious of delays at the Department for Foreigners of the Ljubljana Administrative someone and cannot open an account because someone else from the Unit. But the COVID-19 epidemic has dramatically affected access to same country has laundered money. This is still a huge problem. We administrative units. It was impossible just to walk in, as each customer had are still constantly faced with this.” (Interview #12) to first make an appointment over the phone. Overburdened and inaccessible administrative units were a challenge for all inhabitants of “Certain banks already started tightening their conditions years ago. Slovenia, but they were a particularly significant obstacle for third-country But now, I don’t know if this is for the entire population of their clients, nationals, and especially for persons with international protection, who are i.e., the citizens of Slovenia, or only for foreigners. Let’s not forget that often not yet proficient in communicating in Slovenian (Ladić et al. 2022). certain countries belong to risk groups due to the possibility of money laundering. So, the banks are very consistent in this. The bank sets its “They don’t want to talk in English in administrative units or other own conditions regardless, and they don’t need to explain to us why the public institutions. Once at the administrative unit the lady didn’t want bank has its policy. Institutions such as the Association Odnos, the to talk to me in English and since I still don’t speak Slovenian fluently, Advocate of the Principle of Equality, the Legal Information Centre, all she told me to go and learn it and: ‘Only when you speak Slovenian have already written official complaints and letters that banks should fluently, come here!’” (Interview #19) not discriminate against whom they open a basic bank account. This should be accessible to everyone, but this is not the case […] Currently, In official procedures, equal treatment of all parties is imperative, but in Maribor, only NLB is willing to open basic accounts for persons with interviews show that official procedures and the conduct of state or civil international protection. With means of proof, of course […] This is servants can quickly make equal treatment difficult for persons with then a problem because they don’t have, the centre for social work, personal circumstances of ethnicity, skin colour, nationality and religion. I, when we submit the first application, we also state that the user does therefore, highlight this aspect separately: not have a bank account yet, as the bank does not open it until the user receives the first decision. Fine. The user will then receive the first “All processes, such formal ones, which are easier for a citizen to obtain, decision, but the transfer, the first money social assistance, will not be are more difficult for them [foreigners, refugees]. I am angered by such able to go to the bank because all this has not yet been arranged. It is injustice because they are afforded social rights, just like citizens. But received on a postal order, which then the user is deprived of 20, 25 or they cannot enjoy them. Wherever they go to these public institutions, 27 euros, as much as the postal order costs, to receive monetary social administrative units, centres for social work, doctor. There are always 126 Ethnic Discrimination Perceptions and Consequences of Discrimination 127 some obstacles that you have to fight through. I mean, it angers me when in an area where several people were without a mask, a that there are such differences. Double standards.” (Interview #12) policeman treated two dark-skinned people and also fined them.” (Interview #15) “I saw that they were discriminated against again based on foreigner status and based on refugee or asylum seeker status. I have witnessed “[Colleagues with refugee experience] also have many negative how they are mistreated at the administrative unit, even though they experiences with the police, which we consider unacceptable ethnic are obliged to follow a certain procedure […] In the administrative profiling. For example, several times, they were the target of ‘random’ unit, the centre for social work, I have also witnessed how they argue, stops on the street while walking around the city simply because of and then we arrange it with our attendance. But so, let’s say, if one their ‘foreign’ appearance, and it also happened several times that the woman went alone, if one family went alone and they would say: ‘We police were called to bars to check if a patron was an ‘illegal migrant’.” want to arrange..’ [the response would be:] ‘That won’t work.’ It’s not (Interview #1) going exactly as it should. If one organisation, one person doesn’t represent them, things cannot be done.” (Interview #2) “I used to go to the home every now and then to renew my rent support, and every time I was stopped by the police and asked a series The expert interviews showed exceptionally well how “migrants as a social of questions such as: Why are you here?, and they talked to me badly. group are politically powerless” (Učakar 2022: 57). Not only is there no Yet another example: I once crossed the road on a pedestrian crossing, general awareness of the existence of specific vulnerable groups in and the light was green to cross, but in the middle of my crossing, it Slovenia, as Učakar writes, a priori in a worse social position, and “we, as a turned red, so I continued to cross because I was in the middle of the society, are, therefore, obliged to provide them with specific systemic road. I was suddenly stopped by a policeman and fined 50 euros. I solutions that would at least to some extent eliminate these vulnerabilities” started to explain to him in English while he was checking my ID, and (2022: 58), the interviews also revealed very problematic cases of ethnic then he said: ‘You have a permanent residence in Slovenia, so you must profiling by the police. As was already evident from the answers in the speak Slovenian and not English.’” (Interview #18) online survey, for example: “If I use public transport and wait at a city bus station, my identity can be checked several times in the same hour,” the interviews also confirmed. Some people’s identities are much more often Education checked simply because of their appearance or based on their skin colour and, therefore, the attributed status of a foreigner. Ethnic profiling takes place in such a way that certain people are targeted on the street, for Also, in the field of education, the interviews showed the complexity of example, simply because of the attributed status of a foreigner. Cases intersectional discrimination. Above all, they revealed the often-challenging similar to ethnic profiling by the police also occur at public events with distinction between actions that indicate unequal treatment due to some accusations of theft and the like: “However, not so much by the state personal circumstance and actions that “merely” express the prejudices of authorities as by the local population” (Interview #15). It has also individuals or may be a mirror image of current legislation that reflects happened several times that the police have been called to bars to check broader systemic inequalities. certain patrons. Another aspect in close connection with ethnic profiling, namely, is the increase in the phenomenon of criminalisation of migration “And they were talking to each other in Albanian […], and the teacher in general (for more, see, for example, Kogovšek Šalamon 2017). was yelling, literally yelling at him. When I came along, she calmed down. The children even more, and it was a very heated situation. I “Various forms of discrimination do occur, but they depend on came there and I said: ‘What’s the problem?’ These children, who individual cases. For example, the person being dealt with by a police otherwise trust me, say: ‘The teacher scolds us, why are we talking in officer; we detected cases where a person was directly targeted based Albanian here in the corridor. That I have no right to be here, that I on their skin colour. This happened during the COVID-19 epidemic should disappear from here, and she attacked us.’ [..] I heard it from a 128 Ethnic Discrimination Perceptions and Consequences of Discrimination 129 distance. And then the teacher tells her point of view. She said they “The biggest problem still seems to me to be the hopeless situation of were loud, that: ‘I don’t understand what they are talking to each asylum seekers in Slovenia. This means; they are not second-rate, they other, because they are in a Slovenian environment, they should talk in are third-rate, fourth-rate. That’s how I experience it. I mean, because Slovenian so that we can all understand them.’ She also felt threatened basically, that’s what happens. What happens is that if an asylum in a way. I understand her point of view in a way, and I also understand seeker is a single mother. But she can’t go [to work] because the the children. I don’t know, but here was an adult, a teacher, and she kindergarten is not accessible. Not to her child because she doesn’t should have found some more suitable way to somehow calm the have enough money to pay the full amount. Who can afford it? She children down or to tell them the right way. This was one such case; can’t send the child to kindergarten. Now there are some fast now you be the judge whether this is discrimination or not.” (Interview programmes. We refer. But they all start at 4 pm. Where can she take #5) the child herself? And [kindergarten is] great for the child, for socialisation, but you don’t give such mothers the opportunity to go to “My older child is 17 years old. When we were in Lebanon, he was a school or to look for a job and get a job [..] so, here I see one form of soccer player and was getting medals. When he came to Slovenia, he discrimination [..] they don’t have tax number or residency. They are started playing again, but he didn’t continue because the other players not tax residents and can send their child to kindergarten—but they kept beating him. Even some teachers, not all, are racist.” (Interview have to pay the full amount themselves, from 350 to 400 euros per #18) month, I don’t know. Of course, they don’t have that money.” (Interview #2) In the field of education, systemic inequalities were emphasised in the interviews, which were especially strongly expressed during the COVID-19 “At the time, I didn’t speak Slovenian because I had just arrived in epidemic and the closure of public life, primarily in educational and care Slovenia and wanted to take a couple of exams for my doctorate, and institutions: when I asked the professor, he said: ‘You need to learn Slovenian to pass this exam.’ I said yes: ‘Yes, I will do it in Slovenian,’ and he looked at me “This was especially highlighted now during the epidemic when a little strangely, and I really studied for half a year, but I passed it. But schooling was held at a distance, and it was at this time that we, the then, when I went to Skopje, he met one of my professors from Skopje representatives of the Roma community, noticed that the situation of because I was a researcher at the faculty, and he said: ‘You know what, Roma children had worsened, and this is where this exclusion of the there is a Macedonian woman. She has this idea that she’ll have an Roma community at all levels was revealed.” (Interview #9) exam with me,’ and this professor replied to him: ‘Ah, she is very serious.’ As if he wanted to, he thought that I actually wanted to use this as an Erasmus trick to make it easier to take the exam abroad! […] And so, it “The main problem is that when there were now these lockdowns that hurt me a little that someone was making conclusions about what I parents do not know the language. They simply cannot help, and was like, even though I came with a scholarship, already an adult, 27 immediately this child of immigrants is in a subordinate position, that years old. Yes, so.. It hurts a little. But […] such an attitude! Then I had is, he cannot, he is not treated the same as a child with Slovenian another exam with the same professor, and there were also students parents because they cannot help him. Nor, as I can see, are teachers, from Italy. But I saw that they passed it a little easier […] You can feel it. many of them are not sensitised to these cases of children who come You can feel it. I mean, I can’t prove it now, nor do I want to. [If I from somewhere and do not have the same opportunities as Slovenian understand correctly, you had to take the exam in Slovenian, the others children have.” (Interview #10) took it in English?] Yes. They have such a different friendly attitude. More like .. I mean, yes, like that, a little different. As long as it’s not In the field of education, the interviews mostly covered problems with something, you know. And I felt that, even that look. I studied hard in discrimination in schools or the issue of unequal treatment in access to the library, the way when he sees you, if he comes in, you know, like kindergarten, but they also pointed to potential discrimination in higher that—a kind of look, like you don’t belong here, you understand? I felt education: 130 Ethnic Discrimination Perceptions and Consequences of Discrimination 131 it, I mean I know it. Even non-verbal communication says a lot, but he disruption of classes, etc. In short, there is no room for manoeuvre for obviously looks at you like …” (Interview #2) discourse. I warned about this a couple of years ago, that it would be necessary to solve it at the professional level, at the political level, that Here I also provide a longer extract from the interview, which brings to the there will be more of these children and that, once we have these fore the situation of potential unequal treatment in secondary school guidelines drawn up, that we will actually get rid of the many existing regarding the completion of compulsory school practice. The interview discriminatory practices that leave very, very negative consequences expresses a strongly present feeling of discrimination in the educational on society [..] In short, it is an encroachment on one human right or system of a particular religious community due to clothing practices: freedom, which we express through visualisation, and that’s when discrimination is the easiest. In other words, we discriminate against “We, our association, are very often, too often, approached by people through some visual effect because we have created certain desperate mothers who have their children, daughters in secondary prejudices in our heads. And children are a very vulnerable group, and schools and wear a headscarf, and as part of the school curriculum, it they don’t know how to defend themselves [..] This can actually go so is necessary to complete an internship. A huge problem has arisen at far that girls are ready to transfer to other schools. This is because it is secondary medical schools, where these people, female students, have very utopian to expect someone to throw away their clothing practice to do compulsory work practice in hospitals. And the hospitals clearly and code because it was impossible to complete an internship. But, as I and loudly and explicitly emphasise that, unfortunately, this practice said, this discrimination nowadays has a name and a surname, and cannot be carried out with a headscarf […] Of course, this is packaged the institutions actually tell you very publicly, very vividly and without in one wonderful decent response, that due to epidemiological any hesitation that this is unacceptable for them and that they will not measures, due to high hygiene standards, due to imaginary rules of deviate from it. These letters are very much supported by various aesthetics, etc., that this is actually not possible. This, in turn, greatly statements of directors, and principals. In short, they are legally affects the self-esteem of these young girls. As a result, it also affects protected. All victims of discrimination are actually pushed to the edge, failure because without completing the mandatory practice, then the and many other questions arise here. A question of education, a year is also incomplete. In short, women are faced with an extremely, question of general existence, human rights and freedoms.” (Interview extremely high level of discrimination, to which they do not know how #3) to react and then resort to some legal means, which otherwise takes too long, and we try to solve the matter in a humane, civilised, tolerant The personal circumstance of religion was rarely mentioned in the way. Then primary school, now considering that Slovenia has accepted interviews, or it was contained in the intersection with citizenship or foreigner status, where individual religious communities were not quite a few refugee families, especially from Afghanistan, and that mentioned by name: these little girls, who are 8, 10 years old, I don’t know, also practice the Islamic way of dressing and wear this headscarf, they are facing big, “Discrimination, yes, certainly in all areas of social life, namely big problems in primary schools, where until now they have not had ethnicity, also religion. Especially these two personal circumstances.” this intercultural dialogue based on a specific case. Then there are big (Interview #12) language barriers and this headscarf, which somehow hinders the education process, especially in physical education classes. So, we really However, it turned out that the unequal treatment regarding the personal don’t want people to throw away that religious belief and that circumstance of religion in the interviews is mainly emphasised in the religious way of life and dress because they come across that first specific connection to the Islamic religious community in Slovenia. It is a hurdle, which is difficult. Moreover, with some joint agreements and problem that remains unaddressed (Bajt 2008; Zalta 2022). professional support that we can offer, we listen to schools, families, and children. But no one’s listening. They are very rigorous in their “I do not see particularly obvious and pressing cases of discrimination decisions. Yes, actually, well, because, as I said before, this answer is based on the personal circumstances of religion [..] in Slovenia. The always packaged as child care, that in consequence it’s a potential 132 Ethnic Discrimination Perceptions and Consequences of Discrimination 133 only signs that could indicate this kind of problem are the calls of the “In particular, this hate speech [..] I also speak from practice directly, Islamic community in the RS [Republic of Slovenia] for the more without hearing from elsewhere. Last year, I taught Albanian to systematic spiritual care of their members in prisons and hospitals, as Albanian children in the primary school in Celje [..] This was agreed well as their repeated requests for a more systematic provision of pork-with the Ministry of Education. It is stipulated in the law. That’s all free school meals.” (Interview #15) according to the curriculum. We also have our own curriculum for that. Everything was in line with the law. There was nothing that wouldn’t be. And the parents’ council got together and wrote such a letter that it was unheard of that they were now offering the Albanian Hate and Discriminatory Speech language in primary school. So, what is this, Albanianisation was even mentioned, and it was also published, I don’t know, on some Finally, we provide interview excerpts that explicitly state hate or educational site and below [in online comments] it was.. I mean, discriminatory speech examples. Hate speech can be defined as offensive nothing was left unsaid against the Albanian-speaking community. and discriminatory speech directed against minorities. It is a speech of Nothing!” (Interview #6) subjugation and oppression directed against groups lacking political power in society, and it further deepens the inequality of social groups that have At the same time, it is necessary to reiterate the difference between the historically been more exposed to discrimination. In 2020, the Advocate of assertion of a feeling of discrimination on the one hand and the the Principle of Equality included “groups facing hate speech, racism, anti-discrimination determined by the competent institutions on the other Semitism, homophobia and misogyny” among the groups perceived to be hand. Judging when it was a (criminally prosecutable) occurrence of hate most at risk of discrimination, with special emphasis on the impacts due to speech or discrimination and when it was not is, of course, a matter for the COVID-19 epidemic (Advocate of the Principle of Equality 2021: 152). competent institutions. The fact is that the people who participated in our Based on the research, the most potentially discriminated groups are the research reported personal feelings they had been discriminated against Roma, the erased, asylum seekers and refugees, veiled Muslim women and and had been victims of hate speech. It is about experienced or perceived immigrants from the so-called third countries (ibid.). discrimination (Carter and Pieterse 2020). “[Discrimination] is felt every day, especially in connection with skin “I have had several incidents. The first happened at the bus stop when colour and/or ethnicity. Colleagues with refugee experience, for I was with my husband, and a lady approached me and said: ‘You will example, told us about many experiences with discrimination, some of be more beautiful without a hijab’. I told her that I have to keep my which we reported directly to the Ombudsperson and the Advocate of beauty to myself and that I am a Muslim, so I wear a hijab, but she the Principle of Equality. A colleague from Eritrea also faces daily started cursing me and saying bad words, which I didn’t understand, remarks—hate speech—because of his skin colour, which we found but my husband understood, so he answered her. The second incident particularly troubling. He says there isn’t a day that goes by that he happened in Tivoli Park when I was playing with my child, and doesn’t walk around town and hear negative comments and hate suddenly a lady came and started cursing and spitting on me for no speech directed at black people. Let me add that this is happening in reason. I didn’t understand exactly what she was saying, so I started Maribor.” (Interview #1) crying, grabbed the kid and went home. The third incident happened on a bus. I usually silence my phone on the bus, but I forgot that day, so “One client told me she was from Iran. Nice lady, I mean, she doesn’t my phone suddenly alerted me to the ‘Athan’ prayer time. Then an wear a headscarf […] But she has a little darker skin. And she said older man started shouting and cursing at me, to which I could not herself that she got lost once in the centre of Maribor, and she asked answer even a single word.” (Interview #18) someone for help, but he turned her down so rudely. Well, she said, she told me herself, that maybe he thought she was Roma: ‘Maybe he Ultimately, the discrepancy between different understandings of thought I was a gipsy, and that’s why he did it’.” (Interview #12) discrimination, or the ignorance of what discrimination is, can also result 134 Ethnic Discrimination Perceptions and Consequences of Discrimination 135 from a lack of public discussion and public awareness. Namely, the research of awareness, especially about the importance of intercultural also showed the problematic ignorance, insensitivity of civil servants and mediators in general, in the local environment, in such institutions, their lack of knowledge of some basic facts, categories, regulations and what it means at work.” (Interview #5) procedures: “Possibilities of reasonable adjustments […] are not regulated in “One lady told me this herself when I said ‘person with international employment legislation. And in this sense, I wonder what the diversity protection, refugee’. And she said: ‘What’s that? I don’t understand management policies are in Slovenia. Are these fads that only relate to that, tell me, what.. How can I handle him’. Oh, well, I said: ‘The same multinationals? Is it just a pose? Are these just different ‘certificates’ rights, right? He has insurance like everyone else,’ and she said: ‘Aha, that are then hung on the walls without the real content behind them? aha’. They don’t know what that means! […] At a centre for social work, Without the right foundations, that is real confrontation and anti-there are some, I don’t know how to say.. Some people are not qualified discrimination measures, we can’t even begin to talk about diversity for their position. They issue illegal decisions because they are not management.” (Interview #1) correct. And now the practice was that they did not complain officially, but a social worker was called, and that was how it was resolved […] The same is true in the administrative unit. It’s, I think it’s peculiar, really. It’s like an alien from outer space comes before them, and they Consequences of Discrimination don’t know how to treat the guy. It’s like they no longer know what their job duties are. They simply don’t know. And they [refugees] really The use of the narrative method made it possible for the data from the can’t manage almost anything on their own. Nothing, because they interviews to capture nuances and examples from everyday life that paint a also chase them away. You know from the administrative unit— picture of discriminatory practices and, above all, the consequences that especially in Maribor, they just chase them out! They don’t want to unequal treatment has for the community as a whole and for the individual handle them because they should make a little effort regarding experiences of people who encounter it. Simultaneously, the interviewees language. A person comes there and says exactly what he needs. But listed anger and rebellion, but also hiding their own identity, shame, there must always be someone next to him as if vouching for that discomfort, and above all, the feeling of inequality or second-class status person. Even at the bank, many times.” (Interview #12) and the fact that they cannot realise their full potential. Even examples of good practices already in place are not always utilised, “I think that in Slovenia, there are two categories of people. One is the which requires consideration of different approaches that would enable category that has citizenship. Mostly autochthonous. So, Slovenians the system to function better. […] And the second category are foreigners. And then these foreigners are divided [..] whether they are Muslims, whether they are Serbs.., i.e. “I believe that absolutely intercultural mediation is one means with Orthodox, or they are xy of a different religion and so on. I look at which we can also face or overcome discrimination or discriminatory discrimination in such a way to divide it. There are two types of treatment in healthcare, specifically if we are now talking about this discrimination with which we operate, we work in this field. The first area […] But [the intercultural mediator for the Albanian language in one is structural. The other is the everyday one, and the two are the healthcare centre] told us and explained, presented her experience intertwined, of course. It is not that one excludes the other or that the that the medical staff itself, the doctors failed to use this institute, this two are separate. They are always intertwined. But as a foreigner in option as often as they could have. Because it was actually a burden for Slovenia, you are basically discriminated against from the very start, them. They are so busy that basically [they thought]: ‘Who needs this because you have absolutely no right to certain services. You have on top of everything else’. But it was so valuable that they had one fewer rights than someone who holds a Slovenian passport, and person […] working there just for them actually […] it was such a according to the Foreigners Act, the Citizenship Act, and the valuable resource, but they weren’t taking advantage of it. It’s this lack International Protection Act, it gives you time to accumulate certain 136 Ethnic Discrimination Perceptions and Consequences of Discrimination 137 rights so that you can then reach this level [..] All the time, all of us highlighted, which some interviewees called “ethnic and cultural foreigners probably have the feeling that we are not yet worthy. That discrimination” (Interview #10). This is consistent with the current we still don’t have all these rights, which are taken away from us from domestic and international research (Brezigar 2017a; Medvešek and the very start because we have to earn citizenship. We have to live [in Bešter 2010; Pajnik and Bajt 2011; Carlsson and Eriksson 2016; Verhaeghe Slovenia] for 10 years, of which 5 years continuously. We must have and De Coninck 2021). continuous income. We have to prove every day of our residency and so The interviews also showed a difference in the treatment of the first and on.” (Interview #11) second generation of immigrants, which they associate with the knowledge of the Slovenian language, which—with rare exceptions—is usually the The quotation above is a remarkable illustration of the “borderline, liminal reason for discrimination due to accent or errors in written expression: state” (Učakar 2022: 57), in which non-citizens are kept, especially persons from “third countries”, i.e. outside the European Union. In the system of "Specifically, because of the language as well. The fact that they come continuous conditioning of statuses and the resulting rights that are limited [at the workplace] and only explain something to you in Slovenian and in various ways, the “status of foreignness” often denies the migrant don’t make an effort and know that you don’t speak that language [..] population the very right of access to areas in which discrimination could Except now I see the second generation [of immigrants] sitting in the even occur (ibid.). administrative units, being [employed there], Bosnians and Serbs. I see many people signed, so you know, that feeling when you get a decision “The consequences are that you hide your identity, are ashamed, do from the centre for social work or something and someone gives you a not feel good in society, and cannot realise your potential. Everything very nice answer [on the level of language knowledge] A1. Most of the that you could, just because you are not Slovenian. These are the surnames are—from the former Yugoslavia. So, the second consequences and the fact that [..] you approach people with mistrust, generation. But this is another generation. We are toasted [the first thinking they will look at you differently because of this, though there generation].” (Interview #11) are also some who may not. You already think in advance that they will, and then you have the feeling that you didn’t understand, that you Hate speech online and latent discrimination in public life and the are underprivileged […] And you shut yourself in this ghetto of yours, workplace were also frequently mentioned. Among exposed groups of the and then you only hang out with people who are the same as you and population that experience unequal treatment, the interviews showed that you have a hard time opening up. That is to say, this definitely affects it is most commonly immigrants from the republics of the former the poor integration of society. Because you feel different, isolated, that Yugoslavia, discrimination against Roma, unequal treatment of asylum seekers and persons with international protection status (i.e. refugees), and you are not accepted, and you then feel good only in the company of particularly pressing is the unequal and racist treatment of people based on equals. That’s why we also have some, I don’t know, like some parts of skin colour, which is also experienced by citizens and their children. On Ljubljana, where there are only immigrants from the former these dimensions, unequal treatment in schools was also mentioned Yugoslavia, for example, and then we have the fact that they have a several times, although education is highlighted as the least critical in hard time learning the language and so on. Everything, everything .. Slovenia according to the current research (see, for example, Dežan and how you react, and how, I don’t know, it’s more so individual. Some try Sedmak 2020; Ladić et al. 2020, 2022; Sedmak et al. 2022). harder, I don’t know, that they are as equal as possible, while others Roman Kuhar (2009) notes the sad reality that discrimination does not close themselves off and go into this ghettoization.” (Interview #10) dry up. After more than a decade, we can only agree with his findings, as our research also does not indicate that discrimination in Slovenia is a thing of The interlocutors not only listed where and when they experienced the past. In conclusion, I provide three more excerpts from the interviews, discrimination, but also shared with us their feelings, opinions and which speak in general about the most exposed problems in the field of descriptions of why such treatment occurs and why such actions are unequal treatment and where are the possible causes of the current directed against them. Emphasis was mainly on ethnicity and nationality. situation in this area in Slovenia: Discrimination on the grounds of language and first and last name was 138 Ethnic Discrimination Perceptions and Consequences of Discrimination 139 “I think that employment is primarily [a problem in Slovenia]. It is very Republic of Slovenia was dissolved. Now and then, a glimpse or a small difficult to get a job. It’s not only about this discrimination but also project, but otherwise everything is left to the NGO sector.” (Interview about social capital because if you come as an immigrant, you don’t #1) know anyone, you don’t have any connections, nothing. Then it will be more difficult for you to get a job than if you were born here and you have primary school friends, secondary school friends, and I don’t Conclusion know who else. So, I think this is a problem for employment and promotion. It is also considered for occupying some very responsible positions that bring status and very good pay. At least that’s my The dynamic and cumulative view discussed here represents the last impression based on personal experience and experience in the dimension of discrimination analysed in the book. The narratives on association. It is considered whether you are Slovenian or not. In that personal experiences of unequal treatment, prejudice and hate speech sense, I think it has an impact.” (Interview #10) confirmed the data from the survey and situation testing on the problematic presence of ethnic discrimination in Slovenia. In addition to “The problem is that their ID card says ‘refugee’ in big letters […] the already highlighted discriminatory areas of the labour market and Basically now anyone who looks at their card [can] ask: ‘How come access to housing, the interviews in this section also revealed controversial you’re a refugee? When did you arrive? What happened to you?’ But treatment in the areas of services, administrative procedures, health and these are some very complex stories. Is it blood revenge, or is it education, and the narratives further shed light on ethnic profiling and hate something like the LGBT scene, for example, and this seems to me to be speech. Although the perception of discrimination does not necessarily a huge stigma that every security guard, every possible nurse who mean that discrimination in the sense of a violation of the law has actually looks at your card, official person questions you. Because I understand occurred, the direct experiences and narratives of the feelings and that people are interested in this, but they feel very distressed […] Does consequences of unequal treatment are crucial to understanding the every professor at the university really have to find out that this person broader social effects of complex inequalities. To address the problem of is a refugee? Does every security guard need to know this? Something discriminatory treatment, regulations and laws alone—which are, of that is supposed to help this person is actually harming them, isn’t it? It course, necessary—are not enough, as education and awareness-raising actually puts them in a discriminatory position. It doesn’t say anything are also paramount. like that about me on my card, they don’t have anything to ask me when they meet me.” (Interview #2) “People who deal with certain groups of the population who are in an unequal position and neglected, we know their stories, hardships, reactions. In general, however, these topics are incredibly underrated. There is not enough talk about things that concern not only them but all of us in the general public, there are not enough systematic awareness campaigns on these topics, systematic education against prejudices and stereotypes in schools, and at the same time, hate speech is increasingly spreading and normalising in society, some people can even in the media openly incite every day. The state should provide space and opportunities for raising awareness and combating discrimination, it should firmly stand behind this, with its own example, but it has not been doing this concretely and systematically since the non-discrimination department of the Ombudsperson of the 7 CONCLUSION There is a lack of transparent, detailed and credible data on ethnic discrimination in Slovenia. For historical reasons, the collection of personal data disaggregated by individual characteristics, such as “ethnic origin”, is a sensitive issue in many European countries, while equality data are an important tool in monitoring the implementation of legislation and policies to promote equality and non-discrimination and progress on the ground. In Slovenia, there is a lack of data on experiences with discrimination obtained directly from members of minority groups, which would enable the identification of the most problematic areas of life. There is also a lack of data that would directly prove discrimination. The purpose of the monograph was hence to present the first dedicated empirical research on how persons with personal circumstances of ethnicity, skin colour, nationality and religion in Slovenia experience discrimination. Including several different personal circumstances was intentional, since measuring ethnic discrimination in a context where these statistics are not systematically collected is only possible with the incorporation of several different dimensions that intersect in the understanding of ascribed or experienced ethnicity. This follows the findings of international research, which in the context of perceived ethnic discrimination, often consider ethnic, religious and national group affiliations together, which is especially evident in the case of immigrant and Muslim minorities. The existing research on discrimination in Slovenia also highlights the unequal position 14 1 2 4 Et E h t nic c Discr c i r mi m nat a i t on Conclusion 14 1 3 4 of the Roma community, immigrants, refugees, and the erased, which For many years, international literature has dealt with ethnic or racial confirms that the field of discrimination based on ethnicity, skin colour, discrimination with the help of the concept of social distance, which is nationality and religion is one of the most relevant and sensitive issues. measured with the help of official statistics. In Slovenia, with the Discrimination is a phenomenon that negatively affects the people abandonment of the population census in 2002, the systematic and subjected to it. It systematically pushes the communities that are longitudinal collection of data on ethnicity and religion was lost. Therefore, discriminated into positions that prevent the course of their life paths in the researching discrimination based on the dimensions of ethnicity, skin desired directions. In the legal sense, discrimination is understood as an colour, nationality and religion is a challenge that the present publication event that happens at a certain time and in a certain place. The book aimed to tackle. Proving discrimination is difficult, as in many cases, no focused on a broader, sociological understanding of discrimination. clear and unambiguous evidence exists. To be able to determine the share Although individual instances of unequal treatment may seem small and of particular social groups in the population, in addition to longitudinal their effects weak, they accumulate over life courses into significant and measurements and data collection, a clear definition of the terminology is real negative consequences. Therefore, instead of merely reviewing by all means necessary. This challenge is particularly significant in the individual cases, I followed the recommendations of international personal circumstances under consideration, as the professional literature literature to treat discrimination as a more dynamic and cumulative often fails to agree completely with the chosen concepts. The phrase “ethnic process. As a consistently present and long-lasting process, discrimination group,” for example, avoids the invalidity of the term “race,” but at the same can eventually lead to a cumulative disadvantage transmitted through time, it is itself flawed by the implicit assumption that there is a special kind organisational and social structures. Policies and processes that cause of relationship dominated by ethnic sentiments. That is why I stressed that inequalities in one area of life sooner or later also generate inequalities in the most significant aspect of the topic of discrimination under other areas. consideration is in which identities people recognise themselves or are In the book, therefore, in addition to the dominant episodic view (i.e. an recognised, whereby this covers both individual actions and institutional event that happens at a certain time and in a certain place), which is practices. characteristic of the legal aspect, discrimination is considered as unequal Despite the necessary move away from the essentialisation of group treatment at the intersection of at least three other sociological dimensions: identities, I tried to show why in researching discrimination, at some point, as perceived discrimination, as cumulative and as a dynamic process. It is it is necessary to treat identities as real—namely because of the importance important for the sociological treatment of discrimination to include the of experiences with discrimination reported by individual persons or personal experiences of people who encounter discrimination. Therefore, I groups. Arguments against data collection disaggregated by ethnicity, skin used the concept of perceived discrimination, which means the subjectively colour, nationality and religion include, for example, theoretical critiques of assessed experience of an obstacle. The latter is attributed by the person to identity politics, which argue that identities are social constructions a discriminatory act or structure in the social environment, regardless of marked by the oppressive conditions that created them and should, whether this attribution is actually correct or not. All types of therefore, not be attributed such great importance. Based on theoretical discrimination, especially subtle forms, are often not easily measurable and discussions, the book justified the view of identities as an important usually do not even fall within the realm of the illegal. Recognising that epistemic source. Although “personal experience” is socially and discrimination is crippling society is a fundamental first step to properly theoretically constructed, it is in this mediated way that it brings addressing this problem. Discrimination is usually hidden but also knowledge, which is why the book treats identity as both socially widespread, as it has deep social, economic, political, historical and cultural constructed and substantively real. causes intertwining with each other. In addition, there is a belief that Based on a preliminary review of the existing literature, I posed two discriminatory practices are a thing of the past, making it difficult to expect research questions, guided by the goal of obtaining valid data: (1.) how the recognition of one’s own discriminatory behaviour and face the fact much and in which areas ethnic discrimination is present in Slovenia and that we ourselves may sometimes violate the principle of equal treatment. (2.) whether ethnic discrimination is a phenomenon, which affects certain Due to the widespread denial of discrimination, proving discrimination is minority groups more, such as immigrants. Both research questions can be generally very difficult and subject to various challenges. answered in the affirmative. The results of the research methods are 144 Ethnic Discrimination Conclusion 145 mutually supportive; the data obtained using the situation testing method The situation of Roma children worsened, and the exclusion of the Roma confirm the findings based on the online survey and interviews, as a community at all levels was demonstrated (see, for example, Bešter and combination of different research methods was used. The quantitative Pirc 2020). As can already be seen from the annual report of the method of situation testing thus gives a numerical value to individual Ombudsperson (Varuh človekovih pravic 2021), data from the field also experiences of discrimination in interviews, and the answers from the confirm that when schools were closed, especially during the first wave of online survey are at the intersection of quantitative and qualitative data the COVID-19 epidemic, in the field of distance education, children from the since in addition to statistics, the book also provides selected open answers so-called vulnerable groups (for example, children with a migrant about experiences with discrimination. background, children from economically weaker backgrounds, Roma The main conclusion of the monograph is that ethnic discrimination is children, children with special needs) were discriminated against, an issue in Slovenia, particularly in employment and the workplace and is especially regarding access to information and communication also noticeable in healthcare, in access to services, especially in the housing technologies (see, for example, Gornik et al. 2020). There were differences market and administrative procedures. It should also be noted that some in gaining knowledge, which hampered their academic progress and, jobs in Slovenia are already inaccessible purely formally, i.e. by law, for consequently, the exercise of their right to education. The Advocate of the example, due to the condition of Slovenian citizenship. Unequal treatment Principle of Equality also assessed that when distance learning was is usually accompanied by two other dimensions regardless of the area introduced with the help of computer technology during the first wave of under consideration: prejudice and the language barrier. Prejudice affects the epidemic, not all students had the same opportunities (Advocate of the discriminatory practices and inhibits equal treatment, while poor Principle of Equality 2020). In the area of access to education, in 2021, due knowledge or lack of understanding of the Slovenian language often to the amendment to the Aliens Act, the issue of restricting studies for prevents people from accessing equal treatment despite formal rights. Of international students was also relevant, which would disproportionately course, the discussed personal circumstances do not mean that in cases of affect students from countries with a relatively lower standard, especially unequal treatment it is necessarily a case of foreign nationals, as persons countries of the global south or the so-called developing countries (Bajt born and living in Slovenia are also discriminated against solely based on 2021). The situation testing of access to education partially indicated the their first and last name, skin colour, ethnicity, religion or language. The data problem of foreigners being educated at the universities in Slovenia, and show that discrimination is most often experienced by persons perceived interviews and open answers in an online survey also showed negative and treated as foreigners by the majority population. It is especially experiences with unequal treatment by some university professors. strongly present in relation to applicants for international protection and In the field of religion, the abolition of the Office for Religious refugees, who also report experiences with police ethnic profiling. This is Communities in 2021 and the dissolution of the Council of the Government done so that people are stopped on the street and questioned for of the Republic of Slovenia for Dialogue on Religious Freedom in 2020, identification simply because of their appearance as a “foreigner”, e.g. based indicate systemic discrimination and a violation of the constitutional solely on their skin colour and consequently attributed status as a foreigner. principle of equality of religious communities, which should be monitored It has also happened several times that the police have been called to bars more thoroughly in the future and the impact this will have on (non)equal to check whether a patron is an “illegal migrant”. Some people actually treatment of all religious communities in Slovenia. The profession is experience negative comments in public and hate speech online daily. otherwise reserved on this issue, although with the abolition of the Cases similar to police ethnic profiling also occur at public events with administrative area of religious freedom, the emphasis is shifted to special accusations of theft and the like. rights and privileges and no longer to religious freedom. In 2021, the The attitude towards the Roma population also shows the persistence government wanted to establish a new Office for Religious Communities of discriminatory practices, even though law formally prescribes that the directly under the Prime Minister’s Office, and only time will tell what will Roma community should have guaranteed conditions for equal happen in the area of discrimination based on religion. The data from the development. In practice, it appears that there is still a significant amount of survey and interviews about unequal treatment in the field of religion discrimination in the field of employment and education. This was showed above all that a significant public taboo remains the headscarf of especially evident during the COVID-19 epidemic with distance learning. Muslim women, especially when it comes to the issue of compulsory school 146 Ethnic Discrimination 147 practice, as they feel discriminated against. This is also confirmed by all the studies published on the position of Muslims in Slovenia (Bajt 2008; Pucelj 2017; Zalta 2018; Frank 2020). One of the key problems that contribute to the emergence of discrimination based on ethnicity, citizenship, skin colour or religion in Slovenia are also certain media and implicitly nationalistic public discourse. 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(2022) Registrski popis prebivalstva, gospodinjstev in correspondence study / test 74–79, 116. stanovanj: metodološko pojasnilo. Ljubljana: Statistični urad RS. audit study / test 4, 74–76. See also See also discrimination testing,  situation discrimination testing, testing,  audit study / test correspondence study / test, situation testing country of birth 30, 41, 53, 56, 82–83, 88. See also nationality, citizenship, auditor person / profile 74, 81, 85. country of origin See also tester person / profile country of origin 83. See also nationality, B citizenship, country of birth biographical method, approach, COVID-19 67, 69, 79, 82, 97, 102, 108, research 106–108 125–126, 128, 132, 144–145 Bogardus scale 11. See also social Criminal Code 3, 32 distance D C discrimination 1–8, 10–17, 25–33, 35, Census 15, 33, 41 37, 39–52, 54–59, 61–71, 73–82, 84, 87– 97, 100–106, 108–122, 124–128,  130– 131, 133, 135–136, 138–139, 141–146 Central Population Register 15, 40– cumulative (discrimination, 41 perspective, view) 10–11, 106, 139, 142 Citizenship 2, 4, 9, 14, 16–17, 21–22, dynamic (discrimination, 30, 34, 40–41, 49, 55–58, 61–66, 69, perspective, view) 10–11, 106, 139, 82–83, 101, 112–113, 115–116, 131, 142 135, 144, 146. See also nationality, episodic (discrimination, country of origin,  country of birth 166 Ethnic Discrimination Index 167 perspective, view) 10–11, 74, 82, 82, 84–85, 101–102, 109–110, 112– 96, 111, 118, 120, 122, 124–125, 44, 49, 52, 54–55, 71, 78, 82, 84–85, 88, 142 113, 115–116, 125, 131–132, 136, 134–135, 137, 144. See also refugee 109, 113, 115, 122, 125, 136, 141–143, intersectional discrimination 2, 141–144, 146. See also narod 146. See also citizenship,  country of 12, 17, 48, 62, 111, 116, 120, 127, interview 4–6, 10, 51–52, 70, 76–77, origin,  country of birth 146 Also multiple, multifaceted. EUMIDIS 39, 41, 43 80, 88–89, 91, 103, 108–123, 125– perceived discrimination 9, 11, 132, 134–139, 144–145 O 52, 133, 142 European Union (EU) 2, 5, 13, 16, 25– structural discrimination 10 27, 30–32, 39, 43, 49, 75, 136 L ombudsperson 28–29, 42, 47, 123, 132, discrimination testing 6, 74, 79–80, 138, 145 103 F laboratory experiment 73–74 P E faith 16, 59, 69, 82. See also religion labour market 2, 11, 41, 74, 77, 82, 85, 87–92, 101, 103, 112, 115, 123, paired testing 74–75, 79, 82 139. See also employment ECRI 4, 17, 32, 44 field experiment 5, 73–75, 77–78 Personal Data Protection Act 3, 32–33 language 2, 4, 12, 16, 20–22, 31–32, education 2, 5, 8, 11, 26, 30–31, 33– G 46–47, 50, 55, 58–59, 61–64, 66, 69– 34, 40–43, 47–48, 50, 52, 54–55, 62– prejudice 1, 5, 10, 29, 46–49, 57, 73–74, 70, 82–83, 88, 90, 92, 97–99, 101, 63, 65–66, 71, 78, 85, 87, 90, 92, 96– Gipsy 71, 132. See also Roma 80, 82, 92 101, 105–106, 114, 117–120, 103, 108–109, 112, 116–119, 128, 97, 99–103, 113–114, 127–128, 130– 122, 127, 131, 138–139, 144, 146 130, 133–134, 136, 144 131, 137–139, 144–145 H profiling, ethnic, racial 10, 121, 126– M employment 2, 5, 8, 10, 25–26, 30–31, 127, 139, 144 hate speech 5, 49, 105, 113, 119, 132– 34, 41–46, 50, 52, 54, 58–59, 61–63, 133, 137–139, 144, 146 67, 71, 75–78, 82, 84–85, 87–92, 95, migrant 2, 13, 16, 40, 45, 49, 71, 82, Protection against Discrimination Act 3, 101–102, 113–114, 124, 135, 138, 90–92, 120, 123, 126–127, 136, 144– 7, 26, 31 144. See also labour market healthcare 9, 26, 45, 50, 62–63, 71, 88, 145 92, 102–103, 113, 116–117, 119–120, 134, 144 Protection of Public Order Act 32 Employment Equality Directive 2, 26 minority 2, 4, 11, 17–20, 22, 32, 38, 41–43, 49, 53–54, 56, 59–60, 64–65, housing 2, 6, 9, 11, 30, 34, 43, 46, 48, 69, 75, 77 82, 106, 112, 118, 141, R Employment Relationships Act 26, 31 55, 62, 64, 71, 74–76, 79, 87, 95–97, 143, 146 101–102, 121–122, 139, 144 race 2, 4–5, 7–8, 12–13, 16–17 31, 42, Equal Opportunities for Women and 46, 48, 60, 82 84, 109, 143. See also skin Men Act 31 N I colour Equalisation of Opportunities for nacija 21 Racial Equality Directive 2, 5, 26, 50 Persons with Disabilities Act 31 identity 12–14, 17–20, 22, 48, 55, 58, 71, 110, 116, 126, 135–136, 143 narod 21. See also ethnicity, ethnic identity politics 13, 38, 143 reference profile 78–79, 83–89, 91–96, equality data 2, 4, 27–29, 32–33, 39– group, ethnic affiliation, ethnie, ethny social identity 11–12, 14 102 Also control person / group 41, 43, 141, 146 nation 18, 20–21 illusory correlation 117–118 refugee 3, 16, 30, 40, 43, 45 53–54, 90– erased 3, 45, 48, 54, 132, 142 91, 96 101, 110–111, 118–120, 122, nation-state 14, 21–22, 38. See also Implementation of the Principle of 125, 127, 130, 132, 134, 137–138, 142, ethnicity, ethnic group, ethnic state Equal Treatment Act 3, 26 144 . See also international protection affiliation, ethnie, ethny 1–6, 8–9,  11– 20, 22, 27, 30, 33–34, 37–46,  48–49, 51–52, 55–58, 60–66, 69–71, 77–78, nationality 2–6, 12, 14–15, 17, 20, 22, international protection 5, 40, 90–92, religion 2–6, 12, 14–17, 22, 26, 31–32, 168 Ethnic Discrimination 169 37, 39, 41–42, 44–45, 48–49, 51–52, tester person /profile 74–75, 78–81, Review by Neža Kogovšek Šalamon 54–55, 59–66, 69–70, 78, 82 84–85, 83–96, 102–104 . See also auditor 109, 112–113, 116, 125, 131 135, 141– person / profile 146. See also faith third-country nationals 49–50, 122, 125 Roma 3, 10, 32–34, 42–49, 54, 83, 114, Housing ads excluding refugees and foreigners. Remarks by colleagues at the 128, 132, 137 142, 144–145. See also V workplace due to the colleague’s immigrant background. The more frequent Gipsy stopping and verifying the identity by the police on the street and racial Vocational Rehabilitation and profiling. Stricter airport security checks due to Arab origin. Racist attacks, S Employment of Persons with tinged with slurs because of skin colour. Disabilities Act 31 Racial and ethnic discrimination are persistent phenomena that people situation testing 4–6, 74–83 87–97, 99, 101–104, 113, 139, 144–145 . See also with a migrant or minority ethnic background are exposed to daily. At the discrimination testing, United Nations level, the Convention on the Elimination of All Forms of Racial correspondence study / test, audit Discrimination was adopted in 1966. One would expect that since then, the study / test situation in terms of equality, regardless of race or ethnicity, would have been largely eliminated or at least significantly weakened. Since this is not the case, skin colour 2–6, 8, 12, 14–15, 17, 22, it is important that this phenomenon remains the subject of research to reveal 27, 37, 39, 42, 44, 46, 49, 52, 54–55, 60–61, 63–66, 69, 71, 76, 78, 82–83, different, even new and subtler, ways of exclusion, which are a reflection of 85, 110, 112–113, 116, 121, 125–126, modern society. 132, 137, 141–144, 146 . See also race While there is already a substantial amount of literature on racial and ethnic discrimination, this book brings a fresh perspective to the issue. The social care 61–63 topic is tackled primarily through a methodological perspective. The focus of the volume is the research method—how to find out how much social distance 10–11, 43, 57 90, 101, 105, 143 . See also Bogardus scale discrimination exists in society, who is most exposed to it, in which areas, who discriminates and what are the consequences? These are all relatively state 14–15, 18, 20–21, 29, 37, 40, 63– standard research questions that can be approached and investigated in 64, 68, 70, 75, 106, 113, 121–122, 124– various ways, both through quantitative methods (such as surveys and 126, 138, 146 . See also nation-state representative opinion polls) and qualitative methods (such as interviews, focus groups and case studies) or combinations of both, such as situation Statistical Office of the Republic of testing. One of the key strengths of this book is the analysis of the effectiveness Slovenia 15, 34, 41 and utility of the situation testing research method. It is based on the author’s stereotype 1, 12, 47–48, 82, 117–118, and her research team’s first-hand experience of implementing it. The book 120, 138 offers a unique and innovative perspective by presenting the first experiential analysis of this research method in Slovenian science, including insights into survey 5–6, 10, 30, 32–34, 37, 39–47, previously unknown aspects of the method based on the author’s experiences 51–52, 54, 56–57, 63, 65, 69, 74, 77, with it. Other reports that present data obtained through situation testing 79–80, 113, 116, 126, 139, 144–145 tend to focus on the content of the data obtained, rather than on the deconstruction of the method itself. In contrast, this book delves into the details of the research method to provide a more nuanced understanding of T its capabilities and limitations. This is the strongest point of the monograph, and its ability to engage and hold the attention of readers, even those who are well-versed in issues of equality, discrimination and exclusion. 170 Ethnic Discrimination 171 With a clear emphasis on the study of methodologies, the book does not Review by Roman Kuhar neglect the substantive aspect either. The author offers essential information for familiarisation, necessary for understanding discrimination and the types and nature of personal characteristics that expose individual groups to discrimination (“race”, ethnicity, religion or belief). She also describes the basic milestones of the legal regulation of the prohibition of discrimination at the Veronika Bajt’s book “Ethnic Discrimination: Strategies of Research and EU level and in Slovenia, including the institutional development of protection Measurement” is by far the most comprehensive and, in terms of against discrimination. In this sense, the book also functions as a textbook for methodology, undoubtedly the most sophisticated modern research in those who have not yet delved into discrimination as a field of study. It also Slovenia in the field of discrimination based on ethnicity, skin colour, offers more data on the experience of discrimination from the survey. The nationality and religion, which the author combines into a single concept latter is not representative, but it can offer insight into the extent of feelings of ethnic discrimination. The research findings are not surprising for those who discrimination according to people’s testimonies. At the same time, it is meet various social minorities in Slovenia daily. It is undeniable that necessary to note that the feeling of discrimination does not necessarily mean discrimination, including ethnic discrimination, exists, but the data presented that discrimination in the legal sense (that is, in the sense of a violation of the in this book is likely to be shocking even to readers who are already aware of law) has actually occurred. People often confuse discrimination with these issues. However crumbled our perceptions may be of the tolerant and behaviour that they themselves feel is unfair, whereby it is not even necessary inclusive society in which we live, the fact is that the data from the present that the worse treatment to which they were exposed actually occurred or book further shake them and are bound to elicit a response of disbelief: “How that it occurred due to some personal circumstance of the individual. The is this possible?” reason could be elsewhere. Therefore, it is important to interpret this data Why am I talking about a scientific monograph in emotion-based terms? with the awareness that it reflects the subjective experiences and perceptions The answer seems obvious to me: despite legal anti-discrimination of discrimination held by the individuals who responded to the survey, which mechanisms, despite institutions charged with preventing discrimination and may not necessarily align with the definitions of discrimination outlined in the sensitising society to this issue, and despite threatened penalties for regulations. It is different for the data obtained based on situation testing. discrimination, I believe that the fundamental response to discrimination is Situation testing involves using a tester and a reference person to objectively through personal, rather than systemic, efforts. Systemic persecution of demonstrate the existence of discrimination in specific areas, such as discrimination will always be at least partly ineffective, thus the key to employment and housing, by minimising the influence of personal beliefs creating a more inclusive society in the long term is cultural change; that about discrimination held by those participating in the testing. inclusive culture in which we ascribe the same value to our fellow humans as In conclusion, I can say that the book is undoubtedly an important to ourselves regardless of differences such as gender, religion, ethnicity, sexual contribution to knowledge about discrimination in Slovenia. The book’s orientation, skin colour and other personal circumstances that should not special value is that it focuses on a relatively narrow circle of personal play any role in the “judgment” of our fellow human being. circumstances. It works in a focused way and does not try to cover the Veronika Bajt starts her discussion and analysis of the data obtained as problem of social exclusion as a whole. The book may also be of interest to an part of three research projects by asking two starting questions: how much international audience if it is translated into English, as the European Union and in which areas is there ethnic discrimination in Slovenia, and does this has a centralised system for addressing racial or ethnic discrimination and phenomenon affect some minority groups more? The answers to both the prohibition of such discrimination is strongly protected at the EU level. Given that this type of discrimination is also prohibited by the questions are affirmative and based on a solid empirical basis, which was aforementioned international Convention on the Elimination of All Forms of obtained through the triangulation of methodological approaches of online Racial Discrimination and the UN Committee for the Elimination of Racial survey, interviews and situation testing. Especially the latter, which has hardly Discrimination, which encourages countries that have ratified the Convention been used in Slovenia yet, brings clear and verifiable data about to monitor and address instances of racial discrimination, this book’s discrimination, which—if we indulge in some (political) naivety—will stop contribution is also significant on a global scale. intolerant and populist political speech about Slovenia. Despite the cynicism just expressed, the results of the present research should not be Assist. Prof. Neža Kogovšek Šalamon, PhD 172 Ethnic Discrimination 173 underestimated. This book provides policymakers, researchers on power positions with disproportionately more power to either prevent or discrimination and human rights, educators, journalists, and others with promote hatred, it is our responsibility to address these issues. These stories of valuable data and insights into the practices of discrimination and complex discrimination are familiar to us and require a response. The authorities and inequalities in Slovenia. While it may not be able to stop populism, which institutions that are responsible for addressing discrimination must take thrives on intolerance and exclusion of marginalised groups, it can serve as a action based on the evidence presented in this book, and each individual must useful resource for those working to promote tolerance and inclusivity. also take responsibility for addressing these issues. One of the unique strengths of this book is its comprehensive nature. Prof. Roman Kuhar, PhD Namely, the author addresses the issue of discrimination from a range of perspectives, including theoretical, terminological, and methodological, as well as the consequences of discrimination and the prevalence and forms of discrimination. In addition, the book is based on new empirical data collected by the author. In chapter one, the author discusses different possible approaches to understanding and defining discrimination and explains the frequent confusion between statistical categories and social (self)categorisation of discriminatory episodes due to different definitions. Chapter two provides an overview of the current legislative framework of anti-discrimination legislation in Slovenia and the EU, while chapter three addresses different methodologies for measuring, recording and analysing discrimination. It is on the basis of this critical analysis that the author sets up the empirical part in chapters four, five and six, in which she presents the results of three studies that were carried out with the help of a classic online survey, interviews with people who have experienced discrimination and with experts in this field and using the method of situation testing. In addition to the research findings, the book includes valuable self-reflection on the methodological approaches and experiences of the author, which can be useful for other researchers who may adopt these methods in the future. The author notes that they often encountered ethical dilemmas while conducting nearly 800 tests using the situation testing method. However, this innovative aspect of the research is also the most convincing, as it highlights systemic elements of discrimination rather than individual instances. This makes it particularly important for policymakers who are seeking to address discrimination. In the final chapter, the author examines the consequences of discrimination and its root causes, exploring the intersection between intergroup relations, prejudice, and hate speech. Upon reading this book, which holds up a critical mirror to Slovenian society and reveals uncomfortable truths about discrimination and hatred, we must confront the fact that people are still stopped on the streets because they look foreign, that the police are called to bars to verify the immigration status of guests, that people are subjected to verbal abuse and slurs on the streets, and that headscarves and certain surnames can lead to discriminatory treatment. As a society and as individuals—especially those in Veronika Bajt holds a PhD (University of Bristol, UK, 2003). In 1998, she graduated in Sociology from the Faculty of Social Sciences at the University of Ljubljana (Slovenia), and in 1999 she obtained her master’s degree from the Central European University in Warsaw (Poland). She completed her postdoctoral studies at Masaryk University in Brno (the Czech Republic, 2005-2006). The areas of her research include studies of nationalism and racism, migration, hate speech, discrimination, and the construction of national identities—she has also lectured on these topics at the Masaryk University and the International University Institute for European Studies (IUIES) in Italy. Since 2006, she has been a researcher at the Peace Institute in Ljubljana.