ANNUAL REPORT of the HUMAN RIGHTS OMBUDSMAN of the REPUBLIC of SLOVENIA for 2016 2.4.6 Minor Offences 126 2.4.7 Prosecution 127 2.4.8 Attorneys and Notaries 128
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VARUH ČLOVEKOVIH PRAVIC / LETNO POROČILO 2016 / OVITEK 210+15+210 / PANTONE 368 BLACK 2016 Human Rights Ombudsman of the Republic of Slovenia ISSN 1318–9255 Dunajska cesta 56, 1109 Ljubljana ANNUAL REPORT Telephone: +386 1 475 00 50 OF THE HUMAN RIGHTS OMBUDSMAN Fax: + 386 1 475 00 40 E-mail: [email protected] OF THE REPUBLIC OF SLOVENIA www.varuh-rs.si FOR 2016 ABBREVIATED VERSION ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 2016 FOR OF THE REPUBLIC SLOVENIA OMBUDSMAN OF THE HUMAN RIGHTS REPORT ANNUAL 22nd Annual Report of the Human Rights Ombudsman of the Republic of Slovenia for 2016 Abbreviated version Ljubljana, September 2017 CONTENTS 1 INTRODUCTION BY THE OMBUDSMAN AND PRESENTATION OF THE OMBUDSMAN’S WORK IN 2016 9 ASSESSMENT OF THE OBSERVANCE OF HUMAN RIGHTS AND LEGAL CERTAINTY IN THE COUNTRY 11 2 CONTENT OF WORK AND REVIEW OF CASES HANDLED 65 2.1 CONSTITUTIONAL RIGHTS 67 2.1.1 Freedom of conscience 67 2.1.2 Ethics of public discourse 69 2.1.3 Assembly and association 73 2.1.4 Right to vote 75 2.1.5 Personal data protection 76 2.1.6 Access to information of public character 79 2.1.7 Other 79 2.2 DISCRIMINATION AND INTOLERANCE 85 2.2.1 General observations 85 2.2.2 In general on the issue of discrimination 85 2.2.3 National and ethnic minorities 88 2.2.4 Equal opportunities by gender 96 2.2.5 Equal opportunities relating to sexual orientation 98 2.2.6 Equal opportunities relating to physical or mental disability 98 2.3 RESTRICTION OF PERSONAL LIBERTY 103 2.3.1 General observations – complaints by remand prisoners and convicts 103 2.3.2 Remand prisoners 106 2.3.3 Prisoners 108 2.3.4 Forensic Psychiatry Unit 111 2.3.5 Persons with restricted movement in psychiatric hospitals and social care institutions 113 2.3.6 Minors in residential treatment institutions and special education institutions 114 2.3.7 Aliens and applicants for international protection 115 2.4 JUSTICE 119 2.4.1 General observations 119 2.4.2 Judicial proceedings 120 2.4.3 Enforcement proceedings 124 2.4.4 Free legal aid 124 2.4.5 Court experts and certified appraisers 125 4 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 2.4.6 Minor offences 126 2.4.7 Prosecution 127 2.4.8 Attorneys and notaries 128 2.5 POLICE PROCEEDINGS 131 2.5.1 General observations 131 2.5.2 Realisation of the Ombudsman’s recommendations 132 2.5.3 Regulatory framework of police operations 132 2.5.4 Findings from complaints considered 133 2.5.5 Private security and traffic warden services 137 2.6 ADMINISTRATIVE MATTERS 139 2.6.1 Denationalisation 139 2.6.2 Legal property matters 140 2.6.3 Taxes 140 2.6.4 Residence registration 141 2.6.5 Inspection procedures 141 2.6.6 Social activities 142 2.6.7 Citizenship and aliens 145 2.6.8 Other 156 2.7. ENVIRONMENT AND SPATIAL PLANNING 159 2.7.1 General observations 159 2.7.2 Realisation of the Ombudsman’s recommendations 160 2.7.3 Odours 161 2.7.4 Noise 161 2.7.5 Public access, openness, transparency of procedures 161 2.7.6 Inspection procedures 162 2.7.7 Water rights, land with water use, flood safety 162 2.7.8 Environmental pollution 163 2.8 PUBLIC UTILITY SERVICES 165 2.8.1 General observations 165 2.8.2 Realisation of the Ombudsman’s recommendations 165 2.9 HOUSING MATTERS 167 2.9.1 General observations 167 2.9.2 Realisation of the Ombudsman’s recommendations 167 2.9.3. Analysis of complaints discussed 168 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 5 2.10 EMPLOYMENT RELATIONS 171 2.10.1 General observations 171 2.10.2 Realisation of the Ombudsman’s recommendations 171 2.10.3 Non-payment of salaries and social security contributions 172 2.10.4 Inspection procedures 173 2.10.5 Disabled workers 173 2.10.6 Precarious (uncertain) forms of work 174 2.10.7 Public-sector workers 174 2.11 PENSION AND DISABILITY INSURANCE 177 2.11.1 General observations 177 2.11.2 Realisation of the Ombudsman’s recommendations 178 2.11.3 Pension insurance 178 2.11.4 Disability insurance 179 2.12 HEALTH CARE AND HEALTH INSURANCE 181 2.12.1 General observations 181 2.12.2 Realisation of the Ombudsman’s recommendations 182 2.12.3 Health Services Act 183 2.12.4 Psychiatric treatment of children 184 2.12.5 Psychotherapeutic activity 184 2.12.6 Patient Rights Act 184 2.12.7 Act Regulating the Obtaining and Transplant of Human Body Parts for the Purposes of Medical Treatment 184 2.12.8 Health insurance 186 2.13 SOCIAL MATTERS 189 2.13.1 General observations 189 2.13.2 Realisation of the Ombudsman’s recommendations 190 2.13.3 Major backlogs of decisions on rights 190 2.13.4 Constitutionality of the Exercise of Rights from Public Funds Act 191 2.13.5 Balance payment of unjustifiably received cash social assistance without a decision 192 2.13.6 Guardianship 194 2.13.7 Institutional care 194 2.13.8 Hospital-acquired infections in retirement homes 195 6 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 2.14 UNEMPLOYMENT 197 2.14.1 General observations 197 2.14.2 Realisation of the Ombudsman’s recommendations 197 2.14.3 Exercise of the right to work 198 2.14.4 Deletion from the register of unemployed persons 198 2.15 CHILDREN’S RIGHTS 201 2.15.1 General 201 2.15.2 Realisation of the Ombudsman’s recommendations 203 2.15.3 Advocate – A Child’s Voice Project 203 2.15.4 Family relationships 206 2.15.5 Children with special needs 210 2.15.6 Scholarships 214 2.15.7 Children in nurseries and schools 214 2.16 OTHER 219 3. OVERVIEW OF OTHER DEVELOPMENTS 221 3.1 Relations with the media 221 3.2 Statements and opinions on various occasions 226 3.3 Projects 228 3.4 Overview of the cooperation with State Authorities 230 3.5 Overview of cooperation with Non-governmental Organisations 237 3.6 Overview of other activities 239 3.7 Review of international cooperation 243 3.8 Statistics 247 4 SELECTION OF THE OMBUDSMAN’S RECOMMENDATIONS 257 5. LIST OF ABBREVIATIONS AND ACRONYMS USED 265 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 7 INTRODUCTION 1 1 INTRODUCTION BY THE OMBUDSMAN AND PRESENTATION OF THE OMBUDSMAN’S WORK IN 2016 Whoever commits wrongdoing, forgets it quickly. Whoever suffers wrongdoing, remembers this for a long time. German proverb ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 9 ASSESSMENT OF THE OBSERVANCE OF HUMAN RIGHTS AND LEGAL CERTAINTY INTRODUCTION 1 IN THE COUNTRY Vlasta Nussdorfer, Human Rights Ombudsman Dear Ladies and Gentlemen, the assessment of the observance of human rights and of legal certainty in the country included in this Report refers to the operation of individual independent branches of government, bearers of public authority, and local communities in 2016. In the Report, the Ombudsman assesses the level of the observance and enforcement of basic human rights and freedoms in the legislative, executive, and judicial branches of government, as well as in institutions in which people’s freedom of movement has been removed or limited. The Ombudsman is a unique form of supervising relations between the people and the state. We work in numerous ways, mainly by separately analysing each case in which it is claimed that human rights have been violated. We evaluate the effectiveness and quality of the operation of bodies and ascertain whether legislation is suitable, whether it can be implemented in practice, whether acts and implementing regulations need to be amended, and whether new and more appropriate provisions are required. At times, we criticise the slowness with which systemic solutions are adopted, and at other times we criticise swift changes that are often insufficiently deliberated or sometimes even prove not to be compliant with the Constitution of the Republic of Slovenia or international human rights standards. Too often, we receive a response from a body stating that it is aware of its shortcomings and is therefore forming more suitable solutions. However, the search for unanimous solutions among competent state authorities in particular cases can take years or even decades. According to the responsible bodies, proposals for solutions get lost somewhere at ministries, in political parties, the Government, and Parliament. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2016 11 In the event of human rights violations that must be urgently eliminated, which has even been confirmed by Parliament in many instances by adopting the Ombudsman’s recommendations, these excuses made by bodies and ministries are entirely unacceptable. Delaying the elimination of irregularities, discrimination, or inequality shows the complete rigidity of the bureaucratic system and an unwillingness to see and hear people who are sent INTRODUCTION 1 from one office to another, go to great lengths, and take long, expensive, and difficult paths in their search for a just solution. Can a callous and deaf bureaucracy really prevail over everything, even common sense, and be stopped only by a judgment by the European Court of Human Rights? In many cases, such judgments would not be necessary if the findings and recommendations arising from the history of the work of the Ombudsman spanning more than twenty years were treated in a fully responsible manner.