Summary

Candidates taking the general and vocational matriculation exams are in an unequal position with regard to access to examination documentation, obtaining copies of documentation and the deadline for submitting an appeal. This could constitute a violation of Articles 14 and 22 of the Constitution of the Republic of Slovenia. The Human Rights Ombudsman of the Republic of Slovenia therefore recommends that the Ministry of Education amend Article 81 of the Rules on the Vocational Matura Examination to allow candidates who inspect the examination documentation to keep or make copies of it. The Ombudsman also recommends that the same ministry amend Article 52 of the Matura Examination Act so that candidates for the general and vocational matura are treated equally with regard to the period in which they can lodge an appeal.

Details

The initiator of the recommendation drew attention to the unequal treatment of general and vocational matriculation students with regard to access to and inspection of examination documentation. They praised the arrangement applicable to the general matriculation examination, whereby candidates are granted digital access to their examination papers within three days of the results being published. During this period, they can submit an electronic objection to the method used to calculate their grade or to the grade itself. The procedure is different for candidates who take the vocational matriculation examination. They are only permitted physical access to the examination documentation, which they must request within three days of the matriculation examination results being published. The school then prepares a schedule of access in accordance with the vocational matriculation examination calendar. In addition to the candidate, one other person may be present during the inspection. As a rule, this person is not a teacher at the school where the candidate took the vocational matriculation examination. The school prepares a photocopy of the documentation for inspection and destroys it afterwards. Minutes are kept of the inspection. Within one day of the inspection, the candidate may submit a written objection to the school's matriculation examination board, explaining the method of calculating the examination grade or the grade itself. According to the initiator, some schools allow candidates to take photocopies of or photographs of the documentation, while others do not. The petitioner raised the question of how candidates can effectively prepare an objection if they are only allowed to inspect the examination paper and do not have a photocopy or photograph of it. Candidates taking the general matriculation examination, on the other hand, have three days during which they have unlimited access to their documentation and can photograph and share it with others. They also have significantly more time to file an appeal within this period.

The Ombudsman contacted the Ministry of Education (MVI) to ask for an explanation of the reasons for the different regulations.

The MVI explained to the Ombudsman how the different regulations for vocational and general matriculation exams came about. As they explained, the written part of the general matriculation exam is designed entirely as an external assessment of knowledge. This means that state subject committees operating at a national level are responsible for preparing the exam papers. The completed exam papers are scanned and submitted to a system, and then to external assessors who evaluate them. The vocational matriculation examination is slightly different in design as it is only partially external. This means that teachers at the individual school where the candidates take the matriculation examination are responsible for preparing some of the examination papers and assessing all of them. All vocational matriculation exam papers therefore remain at the school where the candidate took the exam, but evaluation is carried out by teachers within the educational institution where candidates took the vocational matriculation exam. Until the Act Amending the Matura Examination Act (ZMat-B, Official Gazette of the Republic of Slovenia, No. 37/24) came into force, candidates for the general matura, like candidates for the vocational matura, could request access to their papers within three days of the publication of the results. Candidates for both types of examination had equal rights, but the competent authority conducting the inspection was different: for the general matriculation examination, it took place at the National Examination Centre, while for the vocational matriculation examination, it took place at the school where the candidate took the examination. Previously, candidates for the general matriculation examination who wished to exercise their right to review had to come to the National Examination Centre's headquarters in Ljubljana in person. This inspection method was logistically demanding even under normal circumstances and, during the declared epidemic of the SARS-CoV-2 virus and with the epidemiological measures in place, it placed an additional organisational and operational burden on both candidates and those administering the examination. To ensure the smooth running of procedures in these exceptional circumstances, a temporary measure was introduced in 2020 to allow electronic access and submission of appeals. Based on the positive experience of this temporary arrangement, the legislator made electronic access and appeals in the general matura examination a permanent arrangement by amending Article 50 of the Matura Examination Act (ZMat). A deadline of three working days from the date of notification of the results was set for submitting appeals. During this time, candidates can access their scanned exam papers in the electronic system. This legislative change does not affect the provisions governing access and appeals for the vocational matriculation examination. Candidates continue to access their exam papers at the school, where they can familiarise themselves with the method of calculating the exam grade and the exam documentation, which is provided in photocopied form. In accordance with Article 81 of the Vocational Matura Examination Regulations, schools must destroy the photocopied documentation after the inspection has been carried out.

The MVI stated that, due to differences in the content and structure of the two types of matriculation examination, inspection and appeal in the case of the vocational matriculation examination will continue to be limited to a physical inspection only. Regarding the alleged unequal opportunities for candidates of both maturities to prepare a well-founded objection, the MVI will examine the possibility of amending the provisions relating to the destruction of photocopies after the inspection has been carried out. As the deadline for lodging an appeal is set out in Article 52 of the ZMat, amending this deadline would require appropriate intervention in the law governing the matriculation examination. As part of preparing the next amendments to the ZMat, they promised to examine the possibilities for equalising the period during which an objection can be lodged.

The Ombudsman welcomed this intention. Having examined the case in full, the Ombudsman deemed the initiative justified. Candidates taking the general and vocational matriculation examinations are indeed in an unequal position with regard to access to examination documentation, obtaining copies of documentation and the deadline for preparing an appeal. This could constitute a violation of Articles 14 and 22 of the Constitution of the Republic of Slovenia (URS), which stipulate equality before the law and equal protection of rights, respectively.

The ombudsman therefore recommends that the MVI amend Article 81 of the Vocational Matura Examination Regulations so that candidates who inspect examination documentation can keep copies of it or make their own. The Ombudsman also recommends amending Article 52 of the ZMat so that candidates for the general and vocational matriculation examinations are treated equally with regard to the period in which they can lodge an objection. 19.1-49/2025