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Ombudsman Svetina presents the 2021 reports of the Ombudsman's institution and the NPM for 2021 to the National Council of the Republic of Slovenia

The National Council of the Republic of Slovenia discussed on 21 September 2022 the The 27th Annual Report of the Human Rights Ombudsman of the Republic of Slovenia for 2021 and the 2021 report on the implementation of the tasks of the National Preventive Mechanism.

Ombudsman Peter Svetina noted at the session that the pandemic has definitively exposed many existing problems that we, as a society and a country, must solve as soon as possible. We are entering the so-called post-Covid period, in which many shortcomings regarding the respect of human rights in our society have become even more pronounced. Last year, the Human Rights Ombudsman (Ombudsman) processed almost 7,000 cases and 77 broader issues.

He noted that what happened during the pandemic had only further strengthened his belief in how important independent state institutions outside the traditional three branches of power are for the functioning of a democratic state and society in a system of checks and balances. "However, since they hold up a mirror to the authorities and decision-makers through their actions, they are often faced with the undermining of their work when and if their decisions or recommendations do not conform to the political goals of the decision-makers. I expect their independence and autonomy, including in terms of finances, to be respected, which the European Commission has also been warning the country about. The decision of the Constitutional Court on ensuring the financial autonomy of the National Council of the Republic of Slovenia, the Constitutional Court of the Republic of Slovenia, the Human Rights Ombudsman of the Republic of Slovenia and the Court of Audit of the Republic of Slovenia in relation to certain provisions of the Public Finance Act is of exceptional importance. I urge the authorities to implement it as soon as possible, since they have been delaying this for almost a year," the Ombudsman said. In his opinion, it is worrying that the number of unimplemented rulings of the Constitutional Court is increasing. The Ombudsman therefore repeats his unimplemented recommendation from last year that the Government of the Republic of Slovenia, following the model of the coordination group for the implementation of judgements of the European Court of Human Rights, establish a special mechanism that will provide professional support regarding the implementation of rulings of the Constitutional Court.

On the basis of all discussed cases and activities, the institution of the Ombudsman this year gives 86 new recommendations. "I expect the Government of the Republic of Slovenia to ensure that the competent authorities begin effectively implementing substantively unrealised recommendations which the Ombudsman has been highlighting for several years, and also cooperate with each other for this purpose, if necessary. More consistent and faster implementation of our recommendations will raise the level of respect for human rights and fundamental freedoms for everyone in the country. Human rights must not become just a legal term, but must be guaranteed to everyone, and appropriate mechanisms and legal means must be available to individuals in order to remedy violations,” noted Ombudsman Svetina.

In the area of ​​equality before the law and the prohibition of discrimination, last year the common thread of the processed cases was the accessibility of the built environment, public transportation and communications for persons with disabilities. "When looking into claims about unresponsiveness of the Construction Inspection Service to reports of architectural barriers, we found systemic irregularities in the Equalisation of Opportunities for Persons with Disabilities Act (ZIMI). For this reason, we have already submitted a proposal to amend the Act. It is concerning that, 11 years after the entry into force of the ZIMI, a person with a mobility impairment may still find themselves before an insurmountable barrier, a step, an entrance to a public school, a social work centre, pharmacy or another public institution. I expect the state to provide appropriate infrastructure that will enable equal treatment of all persons in society, i.e. their social inclusion," Ombudsman Svetina noted.

Despite appeals and several urgent calls from the Human Rights Ombudsman, last year failed to bring any progress regarding the legislative regulation in the field of psychotherapy, either, which enables many abuses. "Suitable legal regulation of this field is also required due to the consequences of the COVID-19 pandemic and should be one of the priority tasks, which is why we cannot accept the position of the Ministry of Health that this was not one of its priorities due to the pandemic," criticised the Ombudsman.

One of the most frequent violations that it still identifies is violation of the principle of good management. "We have processed a case in which it took as many as three years for the competent authority to resolve a complaint regarding a relocation from one care home to another. It is completely unacceptable that state authorities and public services, which are at the service of the people, process the applications of individuals with great delay," Svetina said.

He also presented to the national councillors last year's report of the National Preventive Mechanism (NPM), which in 2021 visited 60 locations were people were deprived of their liberty. In special social welfare institutions, it mainly checked whether protected wards were overcrowded. "The unsustainable conditions in these wards, which have persisted for more than ten years, can undoubtedly be classified as ill-treatment of residents, for which the state is responsible," said the Human Rights Ombudsman while presenting the NPM report

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