The Scars of the Erasure_web

Erasure_4a 10.1.11 20:29 Page 123THE ERASURE AS A VIOLATION OF LEGALLY PROTECTED HUMAN RIGHTS123As was clarified above, according to Slovenian legislation pertaining to economicand social rights, the number of rights granted depends on the person’slegal status. Only Slovenian citizens are entitled to the full range of economicand social rights (the right to work, the right to social assistance, the right toedu cation, to health care etc.). Aliens with permanent residence in Slovenia areentitled to a large number of these rights; aliens with temporary residence areentitled to some of these rights only, while aliens without legal status in Sloveniaare only entitled to the right to elementary education, which applies to schoolagechildren up to 15 years of age. This clearly shows how large was the impactof erasure on the victims: they were transformed from permanent residents whowere entitled to all existentially important economic and social rights in the formerYugoslav Republic of Slovenia and, until 26 February 1992 in the new, sove -reign Slovenia, to aliens without legal status entitled to one right only. Using theerasure, which at that time was believed to be based in law, the authorities deprivedthe erased persons of their access to economic and social rights in Slovenia,or rather, they did not deprive them of these rights directly but of their legalstatus, creating a situation in which they no longer met the main requirement –the status of permanent resident – to be entitled to these rights. This enabledthe authorities to continue to refer to the legal provisions throughout the pastyears, regardless of the fact that the loss of status was the result of a deliberatemove. The burden of survival was therefore entirely transferred to the victims ofthis measure.Based on Slovenia’s periodic report on the implementation of the ICESCR,the UN Committee on Economic, Social and Cultural Rights also established thateconomic and social rights were violated through the erasure and its consequences,and expressed its concern for the erased citizens of the former Yugoslaviawho lost their right to reside in Slovenia and consequently, theireconomic and social rights, including the right to work, to social assistance,health care and education. The Committee gave a recommendation to Sloveniato adopt adequate legislative and other measures needed to remedy thesewrongs, including the reinstatement of permanent resident status for all affectedpeople in accordance with the Ruling of the Constitutional Court. These measuresought to enable these individuals to claim their rights and access to healthcare, social assistance, education and work. 404.1 The right to educationThis right is variously defined in various documents. The UDHR, Article 26,states that everyone has the right to education. “Education shall be free, at leastin the elementary and fundamental stages. Technical and professional educationshall be made generally available and higher education shall be equally acces-40 CESCR, Concluding observations on Slovenia No. E/C.12/SVN/CO/1, of 25. 11. 2005.