Varuh ДЌlovekovih pravic

An overview of activities in the area of ensuring the human rights of persons with disabilities / January–March 2023

Zbir slik, ki ponazarjajo invalidnost

The Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) addressed various complaints made by people turned to the institution between January and March 2023 with regard to ensuring the human rights of persons with disabilities. The Ombudsman helped the complainants by explaining their rights and the legislation, addressed recommendations to competent authorities for the better exercise of rights, and publicly warned about the rights of persons with disabilities.


Long decision procedures regarding the right to personal assistance

The Ombudsman addressed various complaints related to extraordinarily long decision procedures regarding the right to personal assistance. The Ministry of Labour, Family, Social Affair and Equal Opportunities (MDDSZ) was informed about this issue, and they have promised to actively resolve the problem.


MDDSZ’s long decision procedure

The Ombudsman was contacted by a complainant who appealed to the MDDSZ against the decision of the social welfare centre in July 2022 regarding the payment of the disability allowance. Because the appeal still has not been resolved, even though all statutory deadlines for this have been exceeded, the Ombudsman has called for the MDDSZ to reach a decision regarding the appeal as soon as possible, as well as to explain the reasons why it took so long to make a decision.


The representatives of the NPM visited the Occupational Activity Centre Vrhnika Idrija and the Occupational Activity Centre Zasavje

Two representatives of the National Preventive Mechanism (NPM)[1] - the Ombudsman's advisor and the representative of the Slovenian Foundation for UNICEF - visited the Occupational Activity Centre Vrhnika Idrija on 7 March 2023. They toured the premises of the residential unit Vrhnika and talked with the employees and users. They ascertained that the living conditions are good, the users feel good in the residential unit, and the NPM delivered several recommendations to the Occupational Activity Centre and the Ministry of Solidarity-Based Future for more quality living and providing the service of institutional care.

The Ombudsman’s advisor, together with the representative of the Association of Pensioners’ Societies of Slovenia, visited the Occupational Activity Centre Zasavje, namely, three units where users with developmental and physical disabilities reside. During this visit, the representatives of the NPM also toured the living conditions and talked to the employees and users who said that they feel good in the residential units. Regarding the issues that were raised and those VDC Zasavje faces in its work, the NPM shall deliver recommendations to improve the state and to further improve the quality of the users’ living conditions.

The representatives of non-governmental organisations who cooperate with the Ombudsman in carrying out the NPM held a meeting in the offices of the Ombudsman on 27 March. Pursuant to the latest tender, The Peace Institute, the Association “Novi Paradoks” (New Paradox), the Legal Centre for the Protection of Human Rights and the Environment (PIC), Association “Pravo za vse” (Law for All), SKUP - Community of Private Institutes, Spominčica, UNICEF, the Association of Pensioners’ Societies of Slovenia (ZDUS), the Slovenian Association of Friends of Youth (ZPMS), and the “Sožitje” Association were selected for cooperation until the end of 2026. (more)


The Ombudsman enquired with the Government about the implementation of the Convention on the Rights of Persons with Disabilities

In April 2022, the Ombudsman addressed the issues regarding the implementation of the Convention on the Rights of Persons with Disabilities (KOPI) to the MDDSZ, followed by addressing the Government of the Republic of Slovenia in October 2022. He called for the forwarding of analyses and evaluations of internal legislation, policies, and programmes related to persons with disabilities in terms of their internal compliance and compliance with the provisions of KOPI. Additionally, he called for the presentation of precise activities and measures related to the implementation of the recommendations of the Committee for the Rights of Persons with Disabilities. The Ombudsman received an answer in March 2023 and is still examining it further.


The Ombudsman presented his Special Report on Accessibility of Centres for Social Work for People with Disabilities

On 2 February 2023 at the National Assembly of the Republic of Slovenia and at the competent working body, the Commission on Petitions, Human Rights, and Equal Opportunities, followed by the plenary session of the National Assembly of the Republic of Slovenia on 23 February 2023, Ombudsman Svetina presented the findings of the Special Report on Accessibility of Centres for Social Work for People with Movement and Sensory Impairments that was published in December 2022. (more)

Prior to that, on 26 January 2023, the National Council of the Republic of Slovenia also addressed the report. Ombudsman Svetina also presented the report to the President of the Republic of Slovenia, Nataša Pirc Musar, on 28 March 2023. During the presentation of the report, the President of the Republic expressed concern regarding what was established and supported the Ombudsman in calling for the Government to immediately eliminate the unacceptable and discriminatory obstacles in accessing the CSWs together with competent authorities. (more)

After inspecting the accessibility for those with mobility and sensory impairments, the Ombudsman established that only three quarters of CSW units have appropriate access for those with mobility impairments, while 18 units do not have adequate toilets. The accessibility for those with sensory impairments raises even more cause for concern. At the moment of drafting the report, no CSW units had embossed signs, symbols, or signs in Braille, while the situation is the same with written information displays, players with videos of essential information in sign language and with subtitles. Additionally, Ombudsman Svetina also highlighted several inappropriate responses of CSW units across Slovenia that, in the words of the Ombudsman, indicate a demeaning attitude towards both persons with disabilities and the Ombudsman.

The English version of the Special Report is available here.


Upon International Autism Awareness Day Ombudsman Svetina once again calls on the authorities to act

On 2 April, International Autism Awareness Day, the Human Rights Ombudsman Peter Svetina finds that once again nothing has happened in the past year in the field of caring for people with autism. Services for them are still dispersed and collaboration between ministries is poor, while civil society knocks on the doors of ministries in vain. The Ombudsman calls on the Ministry of Labour and other competent bodies to follow the principles of an inclusive society and listen to the needs of people with autism for the establishment of day centres, appropriate non-institutional forms of supported living communities, and appropriate health care, and devote attention to other open questions. The Ombudsman calls on the Ministry of Economy to devote due attention to the employment of people with autism and in dialogue with employer’s form possibilities that will include not only adjusted jobs but also suitably trained mentors to help employees with autism, and other supporting services. The Ombudsman in his press release adds that it is essential we familiarise ourselves with autism, since this is the only way, we can understand and accept the peculiarities in the behaviour and functioning of people with autism and eliminate the stigma that additionally excludes them and causes them distress. (more)

At the Celebration of the 55th Anniversary of CUDV Črna na Koroškem Ombudsman Svetina Emphasised the Importance of an Inclusive Society for All People with Disabilities

On 28 February 2023, Human Rights Ombudsman Peter Svetina participated at the main celebration upon the 55th anniversary of the operation of the Centre for Training, Work, and Care (CUDV) Črna na Koroškem in the Črna na Koroškem House of Culture. In his introductory speech he pointed out that CUDV Črna na Koroškem is a bright example of coexistence, interpersonal respect, and elimination of prejudices and exclusion. In the conclusion of his address, Ombudsman Svetina also pointed out that he has been warning the competent ministry since the beginning of his term to finally start performing deinstitutionalisation, because it is the right of people with disabilities to live independently and be included in the community. Sadly, the institution of the Human Rights Ombudsman finds that the equal inclusion of people with disabilities and creation of an inclusive living environment for them is much too slow in Slovenia. (more)


During his visit to the Museum of Madness, the Ombudsman highlighted the importance of deinstitutionalisation

On 13 February 2023, Ombudsman Peter Svetina visited the Museum of Madness in the Cmurek Castle which once housed one of the units of the Hrastovec Social Welfare Institution where people with mental health problems resided. The Ombudsman toured the museum and during the conversation with its management, highlighted the importance of preserving the voice of persons institutionalised in institutions and raising awareness regarding the problem of limiting the right to free movement or the deprivation of liberty due to mental problems or illness. During the visit, as the keynote speaker, the Ombudsman also participated in the Museum of Madness’ award ceremony for authors of rewarded diplomas, masters, and doctoral theses.

During his speech, he warned that, unfortunately, one can still encounter several bad practices in institutions in Slovenia and highlighted the crucial “canker” in the area of deinstitutionalisation, such as the unduly lengthy adoption of the Long-term Care Act that has been in the making for almost 20 years. He also warned against waiting times and the occupancy of long-term care institutions which is a consequence of the previous poor attitude of the state related to those issues, as well as the lack of alternatives. The Ombudsman believes that quick and efficient system reforms are needed, centred around one sole goal: individual support that entices full integration into the community. (more)

Deputy Ombudsman for the rights of the child participated at the City Children’s Parliament

On 17 March 2023, Deputy Ombudsman Dr Jože Ruparčič participated at the 33rd City Children’s Parliament in the City Hall in Ljubljana. Young participants tried answering questions of what mental health is, how it is influenced by the environment, where sources of strength can be found, and what changes need to be made to strengthen their personal health. (more)

Previous overviews of the Ombudsman’s activities in the field of rights of people with disabilities (a click on the fields below will take you to where they are published):

-                    October–December 2022

-                    July–September 2022

-                    April–June 2022

-                    January–March 2022

-                    October–December 2021

-                    July–September 2021

-                    April–June 2021

-                    January–March 2021

-                    October–December 2020

-                    July–September 2020

 

 


[1] The task of the National Preventive Mechanism (that has been established under the Ombudsman pursuant to the request of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) is visiting the places where people are deprived of liberty in the country and inspecting the treatment of persons deprived of liberty with the aim to ensure their protection against torture and other cruel, inhuman or degrading treatment or punishment.

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