Annual Report 2012 (Abbreviated version)

107 Pages·2013·2.52 MB·English

ISSN 1318–9255
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Human Rights Ombudsman
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Dunajska cesta 56, 1109 Ljubljana A
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Eighteenth Regular Annual Report
of the Human Rights Ombudsman
of the Republic of Slovenia
for the Year 2012
Abbreviated Version
Ljubljana, September 2013
Annual Report of the Human Rights Ombudsman for 2012 1
NATIONAL ASSEMBLY OF THE REPUBLIC OF SLOVENIA
Mr Janko Veber, President
Šubičeva 4
1102 Ljubljana

Mr President,
In accordance with Article 43 of the Human Rights Ombudsman Act I am sending you the
Eighteenth Regular Report referring to the work of the Human Rights Ombudsman of the
Republic of Slovenia in 2012.
I would like to inform you that I wish to personally present the executive summary of this
Report and my own findings during the discussion of the Regular Annual Report at the
National Assembly.
Yours respectfully,
Vlasta Nussdorfer
Human Rights Ombudsman
Number: 0103 - 2 / 2013
Date: 6 June 2013
Vlasta Nussdorfer
Human Rights Ombudsman
Phone: [phone] Fax: [phone]
E-mail: [email protected]
WWW.VARUH-RS.SI
2.5 POLICE PROCEDURES ..................................................................84
1. THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 10
GENERAL ..........................................................................................................84

2.5.1 Findings from initiatives handled .........................................................85
2.5.2 Police action during protests at the end of 2012 .................................87
2. CONTENT OF WORK AND REVIEW OF CASES HANDLED 24 2.5.3 Warning or punishment? .....................................................................88
2.5.4 Unreasonable temporary confiscation of travel document from
2.1 CONSTITUTIONAL RIGHTS ...........................................................24 a foreigner ...........................................................................................89
2.5.5 Refusal regarding exit from the state as a result of invalid travel
GENERAL ..........................................................................................................24
document ............................................................................................91
2.1.1 Freedom of conscience ......................................................................24
2.5.6 Private security and traffic warden service .........................................93
2.1.2 Ethics of public statement language ...................................................24
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................93
2.1.3 Voting rights .........................................................................................27
CASES ...............................................................................................................94
2.1.4 Protection of privacy and personal data ..............................................27
2.6 ADMINISTRATIVE MATTERS .........................................................97
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................31
CASES ...............................................................................................................32 GENERAL ..........................................................................................................97
2.2 DISCRIMINATION ............................................................................34 2.6.1 Issues concerning foreign citizens ......................................................97
2.6.2 Denationalization procedures .............................................................98
GENERAL ..........................................................................................................34
2.6.3 Taxes and customs duties ...................................................................98
2.2.1 Mechanisms for protection against discrimination and the
2.6.4 Other administrative matters ...............................................................98
organisation of the state ......................................................................34
2.6.5 Property law matters ...........................................................................99
2.2.2 National and ethnic minorities .............................................................36
2.6.6 Remedy of injustices ...........................................................................99
2.2.3 Rights of persons with disabilities .......................................................39
2.6.7 Social activities ...................................................................................99
2.2.4 Discrimination – other .........................................................................40
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................101
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................41
CASES ...............................................................................................................102
CASES ...............................................................................................................43
2.7 ENVIRONMENT AND SPATIAL PLANNING ...................................104
2.3 RESTRICTION OF PERSONAL LIBERTY .....................................45
GENERAL ..........................................................................................................104
GENERAL ..........................................................................................................45
2.7.1 The public in developments in open space and the environment .......105
2.3.1 Detainees and convicted persons .......................................................45
2.7.2 Issues regarding water ........................................................................105
2.3.2 Aliens and applicants for international protection ...............................52
2.7.3 Inspection procedures .........................................................................105
2.3.3 Persons with mental disorders and persons in social care
2.7.4 Noise ...................................................................................................106
institutions ...........................................................................................54
2.7.5 Noxious smells ....................................................................................106
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................60
2.7.6 Pollution with dangerous particles PM 10 ...........................................106
CASES ...............................................................................................................61
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................107
2.4 ADMINISTRATION OF JUSTICE .....................................................64
CASES ...............................................................................................................108
GENERAL ..........................................................................................................64
2.8 PUBLIC UTILITY SERVICES ..........................................................110
2.4.1 Findings from initiatives handled .........................................................64
GENERAL ..........................................................................................................110
2.4.2 Free legal aid ......................................................................................69
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................111
2.4.3 Enforcement of claims ........................................................................69
CASES ...............................................................................................................112
2.4.4 Minor offences ....................................................................................71
2.9 HOUSING MATTERS .......................................................................113
2.4.5 State Prosecution Office .....................................................................75
2.4.6 Attorneyship ........................................................................................77 GENERAL ..........................................................................................................113
2.4.7 Notaries ...............................................................................................78 SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................113
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................79 CASES ...............................................................................................................114
CASES ...............................................................................................................81
2.10 EMPLOYMENT RELATIONS ...........................................................116 2.15 PROTECTION OF CHILDREN’S RIGHTS.......................................150
GENERAL ..........................................................................................................116 GENERAL ..........................................................................................................150
2.10.1 Non-payment for the work performed .................................................116 2.15.1 Advocate – Child’s Voice Project ........................................................151
2.10.2 Issues regarding voluntary traineeships in the public sector ..............117 2.15.2 Family relations ...................................................................................151
2.10.3 Bullying, harassment and mobbing in the workplace ..........................117 2.15.3 Rights of children in kindergartens and schools .................................154
2.10.4 Violations of rights of employees in the Slovenian Armed Forces ......118 2.15.4 Child labour .........................................................................................158
2.10.5 Employment and subcontracting of “agency” workers ........................118 2.15.5 Protection of children from sexual exploitation and sexual abuse ......160
2.10.6 Termination of employment contract as a result of fulfilling 2.15.6 Health care of children ........................................................................160
retirement conditions ...........................................................................118 SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................161
2.10.7 Scholarships .......................................................................................119 CASES ...............................................................................................................162
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................121
CASES ...............................................................................................................122 2.16 OPCAT - NATIONAL PREVENTIVE MECHANISM .........................165
2.11 PENSION AND DISABILITY INSURANCE .....................................124
GENERAL ..........................................................................................................165
GENERAL ..........................................................................................................124
2.11.1 The Fiscal Balance Act has seriously interfered with pensions ..........124
3. INFORMATION ON THE OMBUDSMAN’S WORK 168
2.11.2 Functioning of Commissions of Persons with Disabilities ...................126
2.11.3 Occupational diseases ........................................................................127
3.1 LEGAL BASIS FOR THE OMBUDSMAN’S OPERATION ..............168
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................127
3.2 RELATIONS WITH THE OMBUDSMAN’S KEY PUBLIC GROUPS ...169
2.12 HEALTH CARE AND HEALTH INSURANCE ..................................128
3.2.1 Initiators ..............................................................................................169
GENERAL ..........................................................................................................128
3.2.2 Operation outside the Ombudsman’s Office .......................................171
2.12.1 Health Services Act .............................................................................128
3.2.3 Cooperation with non-governmental organisations .............................174
2.12.2 Special protection measures (SPM) ...................................................129
3.2.4 State authorities, local community authorities and holders of
2.12.3 Settling patients’ complaints in a non-formal manner .........................129
public powers ......................................................................................176
2.12.4 The Health Care Act and Health Insurance Act ..................................129
3.2.5 The media ...........................................................................................180
2.12.5 Obligatory medical examinations of students must have
3.2.6 Publishing activities .............................................................................183
a legal basis ........................................................................................130
3.3 INTERNATIONAL COOPERATION .................................................184
2.12.6 The Complementary and Alternative Medicine Act .............................131
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................131 3.4 FINANCES .......................................................................................190
CASES ...............................................................................................................132
3.5 EMPLOYEES....................................................................................192
2.13 SOCIAL MATTERS .........................................................................135
3.6 STATISTICS .....................................................................................192
GENERAL ..........................................................................................................135
2.13.1 Issues regarding the functioning of the Information System ...............137
2.13.2 Grounds for decisions .........................................................................137
2.13.3 Servicing of decisions on the grant of rights from public funds ...........137
2.13.4 The circle of persons and the extent of assets taking into
consideration when determining the financial position of a family ......138
2.13.5 Including assets without any economic benefit for a beneficiary ........138
2.13.6 Including child maintenance into the family income ............................140
2.13.7 Institutional care ..................................................................................141
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................142
CASES ...............................................................................................................143
2.14 UNEMPLOYMENT ...........................................................................145
GENERAL ..........................................................................................................145
SUMMARY OF PROPOSALS AND RECOMMENDATIONS .............................146
CASES ...............................................................................................................147
The Ombudsman’s
findings, opinions and
proposals
Annual Report of the Human Rights Ombudsman for 2012 9
1. THE OMBUDSMAN’S FINDINGS, OPINIONS AND
started operating on 1 January 1995), together with a verification and evaluation of the level of
S S
L PROPOSALS the observance of our proposals, opinions, criticism and recommendations to state and local L
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S authorities and the holders of public authority. S
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P P
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R The content of this, the 18th regular Ombudsman’s report comprises the overview of the R
P The taking up of the office of the Human areas of the Ombudsman’s work, spanning constitutional rights on discrimination, restriction P
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N Rights Ombudsman of the Republic of of personal liberty, administration of justice, police procedures, legal matters, environment N
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S Slovenia from Zdenka Čebašek - Travnik, and spatial planning, public utility services, housing matters, employment relations, pension S
N PhD, at the beginning of 2012, demanded and disability insurance, health care and health insurance, social matters, unemployment, N
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NI a fast and intensive briefing on the past protection of children’s rights and the performance of duties and execution of powers under NI
PI and recent work and annual reports of the National Preventive Mechanism (as a special report attached to this report). At the end PI
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S, the Ombudsmen, particularly with this of the report, information on the Ombudsman’s work is provided, both in regard to the work S,
G present report for 2012 which extends with initiators at the head office as well as during the operation outside the head office, the G
N N
DI into the mandate of the Human Rights cooperation with civil society and non-governmental organisations, state authorities, bodies DI
FIN Ombudsman. In a figurative sense, this of local authorities, holders of public authority and the media. An explanation on publication FIN
S also means taking up the baton and setting activity and international cooperation is given, together with a financial analysis in regard to S
N’ off on a walking marathon, accompanied by the use of funds and statistical data, adding a detailed overview of handling of cases by areas N’
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M four Deputies, the Secretary-General and of work, in regard to the received initiatives, closed cases and cases currently being handled. M
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D numerous employees, experts in individual D
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B areas of work, and carrying on with her The overview of cases which particularly stood out in individual areas of work bringing about B
M work. As a result, the presentation of the a thorough insight into initiatives and their handling as well as the Ombudsman’s conclusions, M
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E work of the previous Ombudsman may be proposals and recommendations is important. I have found out that frequently, in as many as E
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T a difficult task while at the same time also 25 per cent of cases, initiatives have been evaluated as justified, which is a large proportion T
1. presenting a challenge in adopting further considering the fact that the Ombudsman is an additional means for the protection of human 1.
Ombudsman’s guidelines and efforts. rights and fundamental freedoms.
When reporting to the National Assembly Every day, the important role of the media, presenting the stories of our daily lives, is
and the Slovenian public on the encountered; this is important since the media open up numerous entirely actual and systemic
Ombudsman’s work and findings regarding questions regarding respect for fundamental rights. Sometimes they are in fact the only ones
the level of observance of human rights that bring the dark sides of contemporary life to the fore and seek answers. When doing that,
and fundamental freedoms and the legal the rights of children must be carefully guarded since by their exposure to the public, children
certainty of citizens, I can only express may be additionally burdened and stigmatised. The media must take into consideration that the
my concern about the realisation that the procedure relating to the handling of cases by the Ombudsman is confidential. Specifically, it
achievements of the present Slovenian is necessary to be careful about the possibility of committing criminal offences as a result of a
state in the field of the protection of human violation of the confidential nature of the procedure and, particularly, providing protection for the
rights are threatened. personal data of all individuals involved in cases.
Vlasta Nussdorfer, Human Rights Ombudsman
The rule of law is being put to great test The report is dedicated to everybody interested in the Ombudsman’s work, in particular to the
since some rights have been violated several times right up to the point of obtaining efficient National Assembly since the Human Rights Ombudsman Act in its Article 43 stipulated that, by
legal remedies. The rights of people are not always being judged by Slovenian courts within means of regular or special reports, the Ombudsman shall report to the National Assembly on
a reasonable time. The welfare state has been eroded, social security is being reduced, also the Ombudsman’s work, his findings about the level of the observance of human rights and
due to past mistakes in the running of the state and the exuberant growth in greed, corruption fundamental freedoms and the legal certainty of the citizens of the Republic of Slovenia. I will
and the impermissible and frequently unpunished thefts of social assets. The mechanisms of present the report in person to the President of the National Assembly and the Deputies at the
control of the state and local communities are not efficient enough, as already emphasized in session of the National Assembly of the Republic of Slovenia.
past reports.
The report will surely attract the attention of the President of the Republic of Slovenia who
Justification for the above mentioned statements is presented in that part of the report which nominates the candidate for the Human Rights Ombudsman to be elected by the National
brings an overview of work in2012 with some amendments regarding measures taken by the Assembly.
state and local authorities by May 2013 when the preparation of the report came to an end.
The eighteenth year of reporting on the Ombudsman’s work signifies the attainment of the
I have asked myself numerous questions related to the proposals and recommendations coming of age of the Ombudsman’s institution, on the one hand, but unfortunately, on the other,
published in all of the past Ombudsman’s reports, particularly questions in regard to their in regard to the protection of human rights, the troubles of those fighting for their survival are
implementation in practice. It is planned that an overview of the effectiveness of the work of the becoming greater and greater. There are people on the edge of social developments, helpless,
institution be prepared upon the 20th anniversary of the Ombudsman’s operation (the institution hurt, humiliated, tired of travelling from institution to institution where, just like Jernej, the
10 Annual Report of the Human Rights Ombudsman for 2012 Annual Report of the Human Rights Ombudsman for 2012 11
farmhand from literature, they, were supposed to be able to seek their rights. Thus, the claim from the EQUINET’s Chairman-in-Office (European Network of Equality Bodies). Linking the
S S
L that our employees hear all too often is: “You are the only hope left to me.” This claim should Advocate to the Ombudsman was proposed as one of the potential solutions. In accordance L
A A
S be taken seriously. with the Constitution, the Ombudsman supervises the public sector in relation to individuals, S
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P while the Advocate takes care of non-discriminatory handling of cases in the public and private P
O O
R How should we justify the trust in the protection of human rights in these moments which are so sectors. Since the Ombudsman is the supreme body for the informal protection of human rights R
P difficult for the country, for Europe and for the world? There is a great threat to many countries in the country, whereas the Advocate is a specialised state body which should operate by P
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N in Europe that the European financial Troika will be deployed against them, when at home and following the model of the Information Commissioner, and their work is being supervised by the N
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S abroad the number of the unemployed is increasing, when at home and abroad leaders are Ombudsman, autonomy and independence is thus surely needed for the Advocate. S
N being thrown out, when everybody expects assistance from outside, when capitalism ruthlessly N
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NI erases the connections between people who only yesterday led a normal life and people who The question regarding an independent national institution (“NI”) for the protection and NI
PI today are full of fear because of an uncertain tomorrow? promotion of human rights operating under the Paris principles relating to the status of national PI
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S, institutions adopted by the United Nations Organisation has remained unsolved. It is also S,
G The question of the ethics of a public language statement is encountered every day, and important that recently the Government had not supported the proposal to establish the Human G
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DI together with it now the already familiar thought that the spoken word is your master while the Rights Centre operating at the Ombudsman’s Office which could continue the successful and DI
FIN unspoken one your slave. Having said that, it would surely be appropriate to have many people attention-attracting operation of the Information and Documentation Centre of the Council of FIN
S restrained, especially in the house of democracy, at public events, in the media, on the world Europe dissolved by the Council of Europe. The Centre could carry out educational, promotional S
N’ wide web and in many other places. The injured feelings of individuals and even groups have and research duties, also in the field of discrimination and cooperate with non-governmental N’
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M reached the stage of dividing our people into “us and them”, into believers and atheists, into organisations. It needs to be added that in 2012 the Government dissolved the Inter-Ministerial M
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D partisans and members of domobranci (collaborating militia). The reason for numerous hasty Working Group for Human Rights which had functioned for several years within the framework D
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B and emotionally flavoured public appearances is also hostility, and through it the path to hate of the Ministry of Foreign Affairs, and the Ombudsman was its active member, for more than B
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speech is short and for many, unfortunately, too easy. To turn back is almost impossible since it fifteen years. The question arises: how, considering all this and the fact that the Committee for
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E frequently leads through the world wide web where everything stays forever published. the Prevention of Torture had not received the requested reply on a report from Slovenia in E
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T 2012, can Slovenia successfully run for membership of the UN Council for Human Rights in the T
1. The Ombudsman disapproves of all forms of publicly stated hatred and intolerance directed period from 2016 to 2018. 1.
against individuals or individual groups, being of course aware of the protection of the freedom
of speech and the freedom of media but also of the thin thread leading to public incitement In 2012, unfortunately, numerous problems were noticed regarding the poor living conditions of
to hatred, national, racial, religious or any other hatred defined as non-constitutional by the the Roma in South-East Slovenia which was reported to the National Assembly by means of a
Constitution. The use of legal methods may bring about legal practice but what if starting special report discussed at the Committee for Petitions, Human Rights and Equal Opportunities
pursuing legal methods is, for many, too difficult, not to mention the lengthy proceedings. The and at the session of the National Assembly. The Ombudsman was determined in this matter:
Ombudsman is aware that this phenomenon needs to be talked about and to have educational the state should not evade its responsibility to eliminate the violation of human rights if local
activities dedicated to it since remedial activity including criminal prosecutions and consequently communities fail. Specifically, the Government has a legal basis in Article 5 of the Roma
even greater and more long-lasting responses in public is “ultima ratio”, the extreme means. Community Act (ZRomS-1) to organise the living conditions in the Roma settlements and it is
also committed to international legal obligations. Modifications of the composition of the Roma
Numerous initiatives made by citizens and their associations were queuing up in the field of Community Council are urgent since, on the basis of ZRomS-1, the Union of Roma of Slovenia
discrimination which led the Ombudsman to lodge a challenge to the constitutionality in regard has a privileged position in the Council, while there are no Roma from the Dolenjska region, nor
to Article 143 of the Fiscal Balance Act (ZUJF) with a proposal to temporarily withhold this Act are there any Sinti or other groups.
and deal with the request regarding the challenge as a priority. Specifically, the Act brought
about an unequal treatment of pensioners when reducing some pensions. At the beginning The state cannot evade its responsibility due to the failure of some municipalities to perform.
of 2013, the Constitutional Court ruled in favour of the Ombudsman’s request, repealed three Tensions between the Roma population and the majority of the population in some areas,
paragraphs of the disputed Article and made pensions return to their previous level. especially in the one mentioned above, are exceptional. Serious criminal offences are committed;
because of this, the Strategy of the Development of the Roma Community in Pomurje region,
Obviously, an open question has remained as regards the payments of arrears to pensioners adopted at the beginning of 2013, may serve as a very positive example. More concrete actions
which supposedly differed between those who had already used legal remedies and those and consistent attainment of the National Programme of Measures for Roma for 2012 – 2015
who had not. The challenge to the constitutionally of Article 246 of ZUJF regarding “obligatory” are also expected.
retirement when fulfilling statutory conditions have remained to be yet decided by the
Constitutional Court. How do the bodies for detection, prosecution and trial, not only in criminal but also in civil
matters, in execution proceedings and in corporate matters, operate? The protection of human
In regard to discrimination, the winding up of the Government Office of Equal Opportunities drew rights requires an efficient Police but only if effective control is ensured. Suitable and sufficient
a lot of attention; the Advocate of the Principle of Equality (“the Advocate”) which used to operate guarantee is needed to efficiently prevent abuses. A fight against criminal wrongdoings may
within the said Office’s framework suddenly found itself a part of the Ministry of Labour, Family otherwise turn into a rough and systematic violation of human rights and fundamental freedoms.
and Social Affairs, and now also of “Equal opportunities”. Slovenia was warned by the EU of the
entirely irregular statutory and institutional arrangement of a mechanism for the elimination of In this regard, the question most frequently asked by the public was whether Slovenia is still a
discrimination and the placement of the Advocate of the Principal of Equal Opportunities which state ruled by the law. Why? This question arises from the very lengthy proceedings which may
raises doubts about the Advocate’s independence. The Ombudsman also received a letter be successfully delayed even by clients themselves as they have a legitimate right to use regular
12 Annual Report of the Human Rights Ombudsman for 2012 Annual Report of the Human Rights Ombudsman for 2012 13
and extraordinary legal remedies, while the time delay always suits at least one of the parties Degrading Treatment (CPT) within the framework of its regular visits. As a part of its visit, the
S S
L participating in the proceedings. The remoteness of an event most certainly does not bring delegation met with government representatives, the representatives of the Ombudsman’s L
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S about more severe punishment but rather a moderation when ordering criminal sanctions. One Office and selected non-governmental organisations who informed the delegation of the S
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P obviously needs to be aware of the double-edged nature of statements about the fact of who is findings made by the National Preventive Mechanisms when visiting locations for persons P
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R the one who, in front of the media, claims that he believes or does not believe in the functioning of deprived of their liberty. I am satisfied that the cooperation with non-governmental organisations R
P the rule of law and its bodies. If it happens that an exonerated accused appears on the TV screen when implementing the duties under the NPM powers is becoming an exemplary example of P
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N we know that the proper functioning of the legal system would be recognised since such system good practice which is positively assessed also by international organisations for the protection N
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S had cleared him of charges, whereas if the accused was found guilty, he usually claims that the of human rights. Representatives of the NPM are thus frequently invited to visit individual S
N proceedings were constructed by means of spurious proof. One must be aware that no customer European countries to present their activities, achievements and good methods of work. N
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NI complaints can be recorded or expected if a customer complaints book doesn’t even exist and NI
PI moreover, communication with all the media and web chat rooms is being made by those who In 2012, the Ombudsman also cooperated with the Office of the United Nations High PI
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S, were dissatisfied with the unravelling of proceedings in one way or another. Commissioner for Refugees (UNCHR). The then Ombudsman in office, Zdenka Čebašek - S,
G Travnik, PhD and her colleagues met with the Council of Europe Commissioner for Human G
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DI On the other hand, the data stating that Slovenian prisons are overcrowded both with detainees Rights, Thomas Hammerberg, and his successor Nils Muižnieks and representatives of the DI
FIN and convicted persons certainly raises concerns. This warning was given by detainees and Group of Experts on Action against Trafficking in Human Beings (GRETA). The cooperation FIN
S prisoners as well as prison administrators and yet the management cannot provide for current with the European Union Agency for Fundamental Rights (FRA) and the European Commission S
N’ investment into the maintenance of facilities owing to the lack of financial funds, when a saving against Racism and Intolerance (ECRI) and the European Human Rights Ombudsman was also N’
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M policy is also shown in other areas. The issues have escalated to such an extent that in the good. Every year, the representatives of the Ombudsman’s Office take part in many meetings M
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D largest prison, Dob Prison, a strike was announced by prisoners and by prison guards who and conferences organised by individual Ombudsman (bilateral co-operation) and international D
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B had not received their salaries for the work done in the beginning of 2013. The number of associations of Ombudsmen: the International Ombudsman Institute (I.O.I), the Association of B
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prison officers has dropped greatly; they are over-burdened and as a result the question of Mediterranean Ombudsmen (AOM), Children’s’ Rights Ombudspersons’ Network in South and
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E their safety is raised. The amount of salary paid to convicted persons for work done by them Eastern Europe (CRONSEE) and the network of Defence Force Ombudsmen. E
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T was also influenced by ZUJF. The problematic accommodation of under-aged and full-aged T
1. detainees in the same room is still highlighted. Patient rooms for the treatment of prisoners I particularly wish to highlight a new mechanism of the United Nations Human Rights Council 1.
are a problem, in addition to the proper accommodation of movement-impaired prisoners. An that is a universal periodical review within the framework of which Slovenia was dealt with in
undoubtedly important achievement happened in June 2012 when Slovenia gained a Unit for February 2010. Slovenia received approximately one hundred recommendations of which a
Forensic Psychiatry working within the structure of the Psychiatric Ward of University Medical report was made in March 2012. The Ombudsman also submitted its opinion on the attainment
Centre Maribor. of the above mentioned recommendations and provided its view that there were no significant
modifications in some areas, particularly in Slovenia’s accession to some international treaties,
The entire report on the implementation of duties and powers under the National Preventive in the arrangement of various issues which should have been introduced by the Family code
Mechanism (NPM) carried out by the Ombudsman in accordance with the ratification of the which was rejected at the referendum (including the prohibition of physical punishment of
Optional Protocol to the Convention against Torture and Other Cruel Inhuman of Degrading children), better implementation of actions aiming at the arrangement of numerous issues
Treatment or Punishment (Official Gazette RS, No. 114/06, International Treaties, No. 20/06 regarding the Roma situation in Slovenia, the provision of efficient mechanisms and legal
– Optional Protocol) is not published within this Ombudsman’s report. Specifically, the report opportunities to sanction the cases of discrimination in all areas and the establishment of
on the work in the capacity of the NPM is a special attachment to this Ombudsman’s Annual an independent Advocate of the Principle of Equal Opportunities, the adoption of efficient
Report for 2012, published independently (in Slovenian and English). See www.varuh-rs.si. measures for the enhancement of the children’s rights protection system and more frequent use
of alternative sanctions to eliminate the problem of prison overcrowding and the implementation
The selected non-governmental organisations registered in the Republic of Slovenia cooperate of prison sentences which would fully ensure the respect for the dignity of persons in prison.
under the framework of NPM, together with organisations having obtained the status of The Ombudsman will continue to closely monitor the implementation of recommendations and
humanitarian organisations and dealing with the protection of human rights or fundamental particularly insist on the adoption of measures for their implementation.
freedoms. When carrying out its duties, the NPM makes visits to all places where persons deprived
of their liberty are located and verifies the treatment of these persons, makes recommendations Slovenia has not yet acceded to some international conventions; I particularly wish to point out
in order to improve conditions and the treatment of persons deprived of their liberty and to the urgency of ratifying the Council of Europe Convention on the Protection of Children against
prevent torture and other forms of cruel inhuman or degrading treatment or punishment. The Sexual Exploitation and Sexual Abuse, the Council of Europe Convention on Preventing and
locations in the Republic of Slovenia visited for that purpose by the Ombudsman are especially Combating Violence against Women and Domestic Violence, the Convention on Contact
the prisons including all their units, as well as Radeče Correctional Home, juvenile institutions, concerning Children, and the Optional Protocol to the Convention on the Rights of the Child on
social care institutions and special social care institutions, psychiatric hospitals, detention Communications Procedure.
rooms, the Aliens Centre and the Asylum Centre, detention rooms operated by the Slovenian
Armed Forces and all other places within the meaning of Article 4 of the Optional Protocol – The routes to numerous legal proceedings are long, as ascertained by the Ombudsmen, often
including police intervention vehicles. too long, it is very difficult to start along these pathways and the result of the proceedings is
entirely unpredictable for many a person. That is why the Ombudsman strives for the state to
The Ombudsman actively cooperates with international supervisory mechanisms established provide a good quality and more widely accessible free legal aid which must be immediately
under the UN and Council of Europe conventions. In 2012, a fourth visit was paid to Slovenia available to clients. At the Office we met with initiators who are not eligible for free legal aid
by the delegation of the European Committee for the Prevention of Torture and Inhuman or because they own a few square metres of inherited land for which they have no use and neither
can they sell it or lease it. Some initiators exceed the set limit up to which free legal aid is
14 Annual Report of the Human Rights Ombudsman for 2012 Annual Report of the Human Rights Ombudsman for 2012 15
available but they are greatly in debt and simply cannot afford legal assistance. People warn In my introduction I wish to particularly highlight the constitutional definition that Slovenia is a
S S
L that they feel second rate if they have no money to pay for attorneys-at-law while the opposite state governed by the rule of law and a social state. But the Ombudsman constantly notices that L
A A
S party may choose the best lawyers. That is why it is urgent that all attorneys-at-law offering increasingly more violations of fundamental human rights occur, including the rights to human S
O O
P free legal aid try their best to ensure legal assistance to people both to those who pay for it dignity. Laws adopted by means of fast-track procedures, also due to the eagerness to save P
O O
R by themselves and to those whose bill is paid by the state. The state must pay lawyers for the funds, which even violate international obligations of the state, are frequently incomplete. The R
P provided legal assistance in good time. The question has also been asked how an injured party remedy of injustices by using the complaints channel or even the Constitutional Court is a costly P
D D
N can, after a negative decision ruled by the prosecutor, continue the prosecution by themselves experience for the state. This is confirmed by the consequences of the annulment of Article 143 of N
A A
S within eight days. The time period is surely too short. ZUJF by the Constitutional Court and some other previously incomplete measures of the policies S
N aiming at seeking savings for the state in all areas. The new arrangement concerning enforcing N
O O
NI The crisis which is becoming deeper and deeper every day, both the financial crisis as well rights to funds from public funds, in force since 1 January 2012, thus brought about a lot of NI
PI as the crisis of value, has resulted in numerous issues in the social area. ZUJF brought about sadness, trauma, reduction of the scope of their rights and the tightening of an already tightened PI
O O
S, injustices in the field of housing policy, particularly for the young and single, and the housing belt particularly for the most vulnerable. The basic intention of the state and its institutions is to S,
G policy of municipalities is also very weak. It has been noticed that many who have obtained stop the flow of abuses of those who are not ashamed to do so and who will continue to look for G
N N
DI an apartment cannot raise the money for its maintenance, despite the subsided rent, and as holes and escape routes in the legislation and this could obviously not be ignored. DI
FIN a result, disconnection of service supplies follow, especially the electricity supply. The costs FIN
S of connection to the network, if people manage to raise the money for it, are so high that that The situation regarding children raises concerns since the rejection of the Family Code at the S
N’ amount could cover bills for electricity for several months and thus they find themselves in a referendum does not bring about the arrangement of foster care that is so urgent for the state N’
A A
M vicious circle of the lack of payments and new disconnections. and the regulation of which would be transferred to courts, and the all too necessary settlement M
S S
D of adoption issues, the inadmissibility of physical punishment of children, the arrangement D
U U
B Unemployment has knocked on the doors of many homes. Many jobs have been terminated of the Advocate of Children system and many more. Child maintenance also needs to be B
M M
due to victimisation in the workplace, bullying and harassment, lack of payment of social mentioned; the Public Guarantee, Maintenance and Disability Fund tries to help thousands
O O
E contributions, forcing people to start working as sole entrepreneurs and performing the same of children for whom their parents cannot or do not want to pay their child maintenance. But a E
H H
T work as they used to do when employed by the same employer. There are numerous problems long-lasting route for seeking methods for the final settlement of payments and proving criminal T
1. of agency workers who blindly believe in future payments to the employed and the problems of offences is too burdensome for many a person and there is no perfect inspection supervision for 1.
those exposed to victimisation owing to their membership in trade unions. This is followed by beneficiaries which would consistently prevent undeclared work, payment in cash and is thus
a hard path to the justice they seek, then the unpaid salaries for the work performed must be often related to lack of payment of child maintenance.
mentioned, the problem of voluntary internship, forced retirement as a result of ZUJF in 2012,
problems with scholarships and payments of the costs for transport to work. The condition of In numerous legal proceedings following the separation of their parents, children are treated as
foreign workers is particularly highlighted; it has been determined that they are definitely not tradable goods with parents handing them from one to the other and even taking them away
equally treated as compared to the domestic work force. We at the Office hope that the new from one another. When pursuing legal methods, many barriers are encountered in the form
Employment Relationships Act (ZDR-1) adopted in April 2013 will at least remedy some of the of problems with experts and long waiting times for their opinions. Abuses and criminal and
above mentioned problems if not eliminate them. contentious proceedings are frequent which appear to be endless with very “devoted” parents. If
and when these finish, usually even at the European Court of Human Rights, the compensation
Attention must be undoubtedly drawn to the Ombudsman’s efforts to help people succeed in does not outweigh the missed hours, months and years that children have to experience facing
attaining faster settlement of their complaints in all ministries, particularly at the Ministry of constant battles and consequences which may be very severe. Legal methods – yes, the law
Labour, Family, Social Affairs and Equal Opportunities. In the first months of my work as the enables them, but what if they can be unreasonably long and in the end the state pays heavy
Ombudsman I met with the Minister of the above mentioned ministry and some other ministers penalties and compensation due to the long duration of proceedings; often these should be
and I am satisfied that agreements have been reached, some small but significant changes in the imposed on those who in an intensive search for their rights have completely intentionally
solving of the accumulated problems. Thus, according to the assurances given by the Minister, prolonged these proceedings.
some unworkable solutions in the field of child benefits and the payment of the kindergarten
services should start to be remedied. According to the new arrangement, the personal income Eight years ago the Ombudsman started The Advocate – Child’s Voice project. The fundamental
tax of the past year or even the year before will no longer be taken into account but the family’s objective of the project was and has remained to provide a child with an advocate when this is
ability to pay and the possibility to obtain child benefit considering the new financial situation of necessary, when parents cannot or are not able to suitably represent a child in all proceedings
the family. Salary compensation for sick leave has been provided for by the new Article 137(a) before institutions when issues important for a child are decided. I am satisfied that there are
of the Employment Relationships Act as numerous initiators turned to the Ombudsman claiming as many as 88 trained advocates operating within the framework of the project who have been
that employers did not pay compensation for sick leave although this is a right provided for from placed to represent as many as 250 children. It is these children that have positively evaluated
public funds. Initially the obligation for the payment of salary compensation for sick leave was the work of their advocates. I myself have participated in the project as one of the midwifes
under the responsibility of an employer and an employee could not enforce this right directly during the child’s birth. I am convinced that the discussion of a Special Ombudsman’s Report
from the Health Insurance Institute of Slovenia (“ZZZS”). In case of liquidity issues experienced on the Advocate – Child’s Voice Project, submitted to the National Assembly of the Republic of
by an employer, employees have obviously been left with no funds and instructed to take legal Slovenia by the then Ombudsman, Zdenka Čebašek - Travnik, PhD, would confirm the urgency
action. Neither of these two situations have fulfilled the basic intention for which the health of further development of the project and support its institutionalisation and independent
insurance was concluded and contributions have been paid. Injustices were eliminated and the functioning for the benefit of all children in Slovenia who are in urgent need of such support.
Ombudsman’s efforts in this subject were successful. The time period for the application of the
above mentioned Article is 12 July 2013 and we hope that such violations will not happen again
in the future.
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