When health insurance, which one cannot participate in, is made a condition for schooling
Summary
Če je posameznemu dijaku onemogočen ali oviran dostop do obvezne prakse v okviru šolskega programa zaradi nezmožnosti vključitve v zavarovanje za poškodbe pri delu in poklicne bolezni po 17. členu Zakona o zdravstvenem varstvu in zdravstvenem zavarovanju, lahko po mnenju Varuha človekovih pravic pride do posega v njegove pravice iz 56. in 57. člena Ustave RS. Ministrstvo za zdravje naj bi težavo razreševalo.Details
If an individual student is prevented or hindered in accessing the mandatory practice within the school programme due to inability to be included in the insurance against injury at work and occupational disease according to Article 17 of the Health Care and Health Insurance Act, the Ombudsman believes that an encroachment of the student’s rights from Articles 56 and 57 of the Constitution of the Republic of Slovenia can occur. The Ministry of Health is supposed to be dealing with the issue.
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In 2018, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) (about:blank; p. 227) detected a problem with the insurance against injury at work and occupational disease for the performance of mandatory practice according to Article 17 of the Health Care and Health Insurance Act (ZZVZZ), when parents of these children, indeed Slovenian citizens residing in Slovenia, are employed abroad. This can prevent children, Slovenian citizens with permanent residence in the Republic of Slovenia who go to school in Slovenia, from doing their practice which is mandatory according to the curriculum of the school. The Ombudsman brought this problem to the attention of both the Ministry of Health (MZ) and the Health Insurance Institute of Slovenia (ZZZS). After an exchange of views, the MZ informed the Ombudsman at that time that they were aware of the problem and would try to solve it together with ZZZS.
In 2023, the Ombudsman received a new complaint relating to this issue and checked with the MZ and ZZZS why the problem has not been resolved yet. This time, the Ombudsman included the Ministry of Education (MVI) in the communication.
The Ombudsman received clarifications that the issue does not influence the rights of students from health care (which the Ombudsman did not claim) and, regarding the identified issue, another confirmation that all of the addressees are aware of the problem and have been striving to solve it for a long time. The MZ will “address the question as part of the preparation of amendments to the Health Care and Health Insurance Act (ZZVZZ), which is one of the priorities of the ministry. In the event that, during the preparation of amendments to the ZZVZZ, a decision is made to change the concept of insurance arrangements for work injury and occupational disease, the new solution will be examined from the point of view of all special categories of insured persons, not only students from the first indent of Article 17 of the ZZVZZ”. Regarding the problems in practice that employers encounter with students who cannot join the Slovenian insurance system (only) for injury at work and occupational disease, the MZ will convene a meeting with representatives of the MVI and ZZZS in September and inform the Ombudsman about the conclusions. 9.3-5/2023
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