Varuh ДЌlovekovih pravic

6th Round Table with European Ombudsmen


 Slovene ombudsman participated in the 6th Round Table with European Ombudsmen, held in Malta from 7 to 9 October 1998. For the Round Table he prepared an introductory report on the theme "Rights of persons deprived of their liberty". Dealing with the problems which arise with various forms of deprivation or restriction of liberty is not the responsibility of all European ombudsmen. It is however without a doubt an extremely important and sensitive area, since every deprivation or restriction of personal freedom is a very serious encroachment by the state on the rights of the individual, mentioned Mr. Bizjak at the beginning of his report, and stressed that people deprived of their liberty are a specially sensitive group.

Concerning the role of the ombudsman in the protection of the rights of people deprived of their liberty Mr. Bizjak outlined that the role of the ombudsman is a dual one: he identifies violations of rights and works to eliminate violations and their consequences, while on the other hand he works preventively. The ombudsman can be an effective domestic mechanism for the prevention of torture, inhuman and degrading treatment or punishment. He takes each case as it appears, contributes to the realisation of recommendations and assesses the situation in this area - also by investigating alleged irregularities. Through his opinions, proposals and recommendations he can contribute to the improvement of regulations and practices relating to persons deprived of their liberty.

Slovene ombudsman put out also some questions concerning the people who are placed against their will in psychiatric hospitals, where arises further question of the correctness of the commitment procedure and verification of the justification of detention. The legislation which regulates detention without the consent of the individual differs from country to country. The usual condition of detention is that the individual presents a serious threat to himself and others and that this danger cannot be circumvented by milder means. Checking these conditions presents a practical problem. The institution of patient advocacy which exists in some countries makes an important contribution to more suitable judgement and establishes ‘equality of arms’. Without it the patient is in a markedly inferior position. In any case, in such cases the legal protection of the right to personal freedom must be guaranteed, stressed Mr. Bizjak and mentioned that the question raises itself as to whether the time has come to shape the key rules regarding the rights of psychiatric patients into a special convention guaranteeing a uniform (higher) standard of rights for these people.

Print: