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Erased

Citizenship, Residence Rights and the Constitution in Slovenia

Neža Kogovšek Šalamon

This book is about the «erasure», a process by which the Republic of Slovenia unlawfully deprived 25 671 of its residents of their legal status following the country’s secession from the former Yugoslavia in 1992. After losing their status, these individuals were left without any rights on the territory of Slovenia. Since the Slovenian state refused to remedy the problem for many years, the European Court of Human Rights took up the case. In the 2012 Kuric and Others v. Slovenia decision, the Grand Chamber found that Slovenia had violated human rights. This book describes the full background of this case and examines its constitutional implications.
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Acknowledgments

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Twelve years ago, when I returned to Slovenia from my LL.M. course at the University of Notre Dame (USA) and a six-month internship at the New York-based Human Rights Watch, where I focused on issues of international justice, war crimes, and crimes against humanity, I was susceptible for getting engaged in difficult human rights challenges. At the time, Slovenian society was struggling to take responsibility for a mass violation of human rights that occurred in 1992, soon after the secession of Slovenia from the former Yugoslavia. The issue was known as “the erasure”. I soon started working at the Peace Institute, a private independent research institution based in Slovenia, which was at the time already deeply involved in researching the erasure as well as its consequences, and in advocating for redress. Becoming part of the team, I started developing projects aimed at both further research and providing legal advice to the “erased” people. In this process I cooperated not only with a number of exceptional lawyers, activists, and academics who worked together to push for change in society, but also with the erased individuals themselves, who showed immense energy and fought relentlessly for their rights. During this process, when I started to pursue an academic career, I decided to write my dissertation on this topic. This was the first PhD thesis on the “erasure” written and defended at the Law School of the University of Ljubljana. After earning my PhD in 2011, I continued with my work in...

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