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Annual Report of the Human Rights Ombudsman of the Republic Slovenia for 2014 // Abridged Version

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Annual Report of the Human Rights Ombudsman of the Republic Slovenia for 2014 // Abridged Version ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 // ABRIDGED VERSION // 2014 FOR OF THE REPUBLIC SLOVENIA OMBUDSMAN OF THE HUMAN RIGHTS REPORT ANNUAL ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 ABRIDGED VERSION Annual Report of the Human Rights Ombudsman of the Republic of Slovenia for 2014 Abridged Version Ljubljana, September 2015 4 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 NATIONAL ASSEMBLY OF THE REPUBLIC OF SLOVENIA Mr Milan Brglez, President Šubičeva 4 1102 Ljubljana Mr President, In accordance with Article 43 of the Human Rights Ombudsman Act I am sending you the Twentieth Regular Report referring to the work of the Human Rights Ombudsman of the Republic of Slovenia in 2014. I would like to present personally in accordance with Article 44 of the Human Rights Ombudsman Act, at the session of the National Assembly, the Summary report and findings concerning the level of respect for human rights and fundamental freedoms and the legal protection of citizens in the Republic of Slovenia. Yours respectfully, Vlasta Nussdorfer Human Rights Ombudsman Number: 0103 - 15 / 2015 Date: 27 May 2015 Vlasta Nussdorfer Human Rights Ombudsman Phone: +386 1 475 00 00 Fax: +386 1 475 00 40 E-mail: [email protected] WWW.VARUH-RS.SI ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 5 6 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 1 THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 11 2 WORK CONTENT AND REVIEW OF CASES DISCUSSED 27 2.1 CONSTITUTIONAL RIGHTS 29 2.1.1 Ethics of public statements 29 2.1.2 Voting rights 32 2.1.3 Protection of privacy and personal data 33 2.2 DISCRIMINATION 41 2.2.1 Mechanisms to protect against discrimination and the organisation of the state 43 2.2.2 National and ethnic minorities 44 2.3 RESTRICTION OF PERSONAL LIBERTY 51 2.3.1 Detainees 52 2.3.2 Prisoners 54 2.3.3 Persons with mental disorders and persons in social care institutions 58 2.3.4 Minors in juvenile facilities and special education institutions 62 2.3.5 Aliens and applicants for international protection 64 2.4 JUSTICE 67 2.4.1 Judicial proceedings 67 2.4.2 Minor offence proceedings 73 2.4.3 Prosecution service 75 2.4.4 Attorneys 76 2.5 POLICE PROCEDURES 79 2.5.1 Rules on police powers 80 2.5.2 Findings from complaints considered 80 2.5.3 Private security and traffic warden services 83 2.6 ADMINISTRATIVE MATTERS 85 2.6.1 Citizenship and aliens 86 2.6.2 Denationalisation 93 2.6.3 Property law matters 94 2.6.4 Taxes 94 2.6.5 Other administrative matters 94 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 7 2.7 ENVIRONMENT AND SPATIAL PLANNING 99 2.7.1 The public and developments in the environment and physical space 100 2.7.2 Noise 100 2.7.3 Water-related issues and land with water use 101 2.7.4 Environmental pollution 102 2.7.5 Inspection procedures 102 2.8 PUBLIC UTILITY SERVICES 103 2.8.1 Municipal utility services 103 2.8.2 Transport 104 2.8.3 Concessions 104 2.9 HOUSING MATTERS 105 2.9.1 Evictions, lack of accommodation, and rent subsidies 105 2.9.2 Management in blocks of flats and housing inspection 107 2.9.3 Other 107 2.10 EMPLOYMENT RELATIONS 109 2.10.1 Non-payment of salaries and social security contributions 109 2.10.2 Consultation: How did work lose its honour? 110 2.10.3 Workers in the public sector 110 2.10.4 Violations of drivers' rights 112 2.10.5 Violations of the rights of security guards and chaining of companies 112 2.10.6 Procedures of supervisory institutions 113 2.10.7 Position of workers in the case of extraordinary termination of employment 113 2.10.8 Voluntary traineeship 113 2.11 PENSION AND DISABILITY INSURANCE 115 2.11.1 Pension insurance 115 2.11.2 Disability insurance 119 2.12 HEALTH CARE AND HEALTH INSURANCE 121 2.12.1 Health Services Act 122 2.12.2 Patient Rights Act 123 2.12.3 Complementary and Alternative Medicine Act 124 2.12.4 Health Care and Health Insurance Act 124 2.12.5 Restriction of the Use of Tobacco Products Act 126 8 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 2.13 SOCIAL MATTERS 129 2.13.1 Social benefits and relief 131 2.13.2 Institutional care 133 2.14 UNEMPLOYMENT 135 2.14.1 Work of employees at the Employment Service of Slovenia 137 2.14.2 Other 137 2.15 CHILDREN'S RIGHTS 139 2.15.1 Advocate – A Child’s Voice Project 140 2.15.2 Family relationships 141 2.15.3 Rights of children in kindergartens and schools 142 2.15.4 Problems of children with special needs 144 2.15.5 Children in judicial proceedings – forcible removal of a child from an elementary school 147 2.15.6 Right to participation 148 2.15.7 Children in the media 149 3 INFORMATION ABOUT THE OMBUDSMAN'S WORK 151 3.1 Legal bases for the Ombudsman's work (competences and powers) 151 3.2 Forms of the Ombudsman’s work 154 3.3 Media and the public 2014 159 3.4 Access to public information at the Ombudsman 169 3.5 International participation 170 3.6 The service of the Ombudsman 178 3.7 Statistics 179 3.8 Finance 189 4. SELECTION OF THE OMBUDSMAN'S RECOMMENDATIONS 191 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 9 10 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 1 THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 1 THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 1 THE OMBUDSMAN’S Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments. Vienna Declaration Adopted by the World Conference on Human Rights in Vienna on 25 June 1993 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 11 1 THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 1 THE OMBUDSMAN’S 12 ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 1 THE OMBUDSMAN’S FINDINGS, OPINIONS AND PROPOSALS 1 THE OMBUDSMAN’S Vlasta Nussdorfer, Human Rights Ombudsman Dear Reader, this is the 20th annual report of the Ombudsman of Human Rights of the Republic of Slovenia (the Ombudsman) for 2014. The report includes our findings on the degree of compliance of human rights and fundamental freedoms in the Republic of Slovenia on the basis of the analysis of complaints, discussions and issues which the complainants encountered in their relations with all branches of power. We mention examples of poor governance and the inefficient implementation of power and forms of work and other activities according to the thematic areas of the Ombudsman’s work. Many topics are addressed as broader issues also on our initiative, particularly if we find systemic irregularities. The discussion of the Ombudsman’s report by the Government of the Republic of Slovenia, the National Council of the Republic of Slovenia, the Commission for Petitions, Human Rights and Equal Opportunities, at the plenary session of the National Assembly of the Republic of Slovenia and the adoption of the Ombudsman’s recommendations undoubtedly point to the readiness and responsibility of the executive and legislative powers towards citizens, which continuously highlights errors, deficiencies, inconsistencies, inefficiencies and poor governance. Since the beginning of my term in February 2013, I have constantly wondered about the efficiency of the Ombudsman, and how to improve it, with regard to the fact that we establish deficiencies in the functioning of the state at the systemic level, particularly due to the inconsistency of legislation, its hasty passage or amendment, and the lengthy duration of numerous very diverse procedures. We dedicate special attention to fields affecting anyone who seeks our assistance, advice, or asks a question and presents us with a problem requiring a response from the competent national or local authorities and particularly solutions and the elimination of violations. These solutions should be such that citizens no longer encounter the same or similar problems and issues. Unfortunately, this is not the case. We find that the fundamental principles of the rule of law are frequently violated. Acts are not always adopted in a transparent or democratic manner, but most frequently even without the much needed participation of the interested public, hastily and thoughtlessly. Thus decisions which are sometimes insufficiently clear, predictable and weighted – also in view of the protection of human rights – reduce citizens’ legal security. Slovenia is a state governed by the rule of law, but we acknowledge the fact that trust in legal security is significantly lower than the citizens of the autonomous and independent Slovenia deserve and which we are able to ensure by means of thousands of acts, lawyers and public servants of all professions and positions. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2014 13 Public authorities must therefore do all they can to restore citizens’ trust in the work of institutions and judicial authorities. These must function quickly, efficiently, independently and qualitatively. Judicial decisions must be swift and enforceable.
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