Dr Simona Drenik Bavdek, the Human Rights Ombudswoman of the Republic of Slovenia, has submitted her views on the proposed amendment to the Personal Assistance Act (Zakon o osebni asistenci – ZOA) to the Ministry of Labour, Family, Social Affairs and Equal Opportunities. While welcoming certain improvements aimed at greater legal certainty, she also points out key shortcomings that may limit the rights of persons with disabilities.

While welcoming the preparation of the proposed amendment to the ZOA and certain solutions that contribute to greater clarity and legal certainty, the Human Rights Ombudsman of the Republic of Slovenia also points out several important shortcomings. Key concerns relate primarily to the excessive linkage of eligibility for personal assistance to formal disability status rather than to the individual’s actual needs, and to interference with already acquired rights. In this context, the Human Rights Ombudsman of the Republic of Slovenia reiterates the need for adequate reasoning of decisions and for the simultaneous strengthening of other forms of support. The Human Rights Ombudsman of the Republic of Slovenia also highlights possible limitations on the right to independent living and inclusion in society. The Human Rights Ombudsman of the Republic of Slovenia further emphasises the need for a more individualised approach, greater clarity of the provisions and more consistent alignment with international standards, particularly the Convention on the Rights of Persons with Disabilities.

Ombudswoman Dr Simona Drenik Bavdek welcomes the steps towards greater clarity in the Personal Assistance Act. “We expect the Ministry to take our recommendations into account and thereby take an important step towards ensuring the effective enjoyment of the fundamental human rights of persons with disabilities, particularly the rights to dignity, equality before the law, social security, the rights of persons with disabilities, and the right to independent living and inclusion in the community.”

Personal assistance is one of the key instruments for ensuring the effective enjoyment of the fundamental human rights of persons with disabilities. It is a highly important area of regulation that is crucial for ensuring the equal inclusion of many individuals in society. The Human Rights Ombudsman of the Republic of Slovenia therefore considers that, as the legislative process continues, an appropriate, thorough and professional examination of all comments received during the public consultation must be carried out, and the comments and recommendations of the Human Rights Ombudsman of the Republic of Slovenia must be taken into account. The final legislative solution must ensure the full, non-discriminatory exercise of the right to personal assistance as one of the key conditions for independent living of persons with disabilities. At the same time, the Human Rights Ombudsman of the Republic of Slovenia reiterates that different forms of support must be strengthened, as personal assistance is not the only form of support needed by vulnerable groups.