2.13.1 General findings and assessment of the situation
In terms of numbers, the situation in this field has not changed significantly. Ad- ditionally, in terms of content, most considered cases are similar. election-relat- ed questions predominate, and we addressed the controversial mayoral conduct again and continued to appeal for the right to petition to be regulated on a legis- lative basis.
There were no concrete changes on the basis of the Ombudsman’s recommen- dations in certain fields, although the authorities ensured they would take ac-
CASES CONSIDERED RESOLVED AND JUSTIFIED
FIELD OF WORK 2018 2019 INDEX 19/18 NO. OF RESOLVED NO. OF JUSTIFIED SHARE OF JUSTIFIED AMONG RESOLVED
5. ASSEMBLY, ASSOCIATION AND PARTICIPATION IN THE MANAGEMENT OF PUBLIC AFFAIRS
21 17 80,95 15 1 6,7
5.1 RIGHT TO ASSEMBLY
AND ASSOCIATION 2 2 100,00 2 0 0,0
5.2 RIGHT TO VOTE 14 8 57,14 8 0 0,0
5.3 RIGHT TO VOTE IN A
REFERENDUM 1 1 100,00 1 0 0,0
5.4 RIGHT TO PETITION 1 0 0,00 0 0 0,0
5.0 ASSEMBLY, ASSOCIATION AND PARTICIPATION IN THE MANAGEMENT OF PUBLIC AFFAIRS – OTHER
3 6 200,00 4 1 25,0
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tion in this regard. The issue of voting for persons who, following the expiry of the deadline for expressing the intention to vote by mail, find themselves through no fault of their own (for exampledue to hospitalisation, detention, etc.) in a situation where they cannot come to the polling station remains open; also open is the ques- tion of which authority is to lead, and decide in, minor offence proceedings if the criminal offence was committed due to non-public activities or the operations of a disabled people’s organisation.
We emphasise that the realisation of the right to vote of persons with disabilities, more specifically of persons with mental disorders, was discussed at consider- able length. We have reported on this topic several times64. It is still newsworthy, and we met with the president of Sonček – Cerebral Palsy Association of Slovenia in 2019. He said, among other things, that the recognition of the right to vote of per- sons with mental disorders bore a symbolic meaning for such persons, particularly regarding self-acceptance and the changed attitude of close family and society in general towards them. We also learned that, prior to the spring European Parlia- mentary elections, certain parents instigated proceedings regarding the entry of persons into the electoral register whose right to vote was revoked. There was one constitutional complaint (which was dismissed as legal remedies were not exhaust- ed) and a review of a judgment, wherein two Ombudsman’s opinions were used. He also told us that he had received information from the Ministry of the Interior that around 2,000 people in Slovenia lost their right to vote.
The revoking of the right to vote is differently regulated in various EU Member States. In Slovenia, the revocation of the right to vote of persons deprived of their legal capacity or the parental right of their parents has been extended past the age of 18 or who are under guardianship is not automatic; the right to vote may only be revoked on the basis of a decision of the court that establishes during proceed- ings that the person is not able to understand the meaning, purpose and effects of elections. In this regard, we add that the practice of the European Court of Human Rights also shows that the revocation of the right to vote in judicial proceedings is not in contravention of the European Convention on Human Rights (ECHR), and the Ombudsman believes it is not in contravention of the Slovenian Constitution.
We have pointed out several times that the Committee on the Rights of Persons with Disabilities stated in points 48 and 49 in General comment No. 1 from 2014 that the content of Article 29 of the Convention on the Rights of Persons with Disabili- ties meant that a person’s decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising the right to vote or the right to stand for election. It should be added that there are also different positions on the international level, for example of the Human Rights Committee in its General Comment No. 25 to the International Covenant on Civil and Political Rights, which stated that objective and reasonable limitations of the right to vote are possible, whereby it is unreasonable if the right to vote is limited (only) on the basis of phys- ical disability and that mental incapacity may be grounds for limiting the right to vote. The Ombudsman was also alerted to the issue of the revocation of the right to vote of persons with mental disorders at meetings with representatives of the OSCE Office for Democratic Institutions and Human Rights65.
64 See for example pp. 116 and 117 of the Annual Report for 2018 and further references contained therein.
65 See for example p. 6 of the ODIHR Final Report entitled REPUBLIC OF SLOVENIA EARLY PARLIAMENTA- RY ELECTIONS 3 June 2018 (available also at https://www.osce.org/sl/odihr/elections/slovenia/400523).
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2.13.2 Realisation of the Ombudsman’s past recommendations
Unfortunately, certain past recommendations of the Ombudsman that refer to the freedom of assembly and association and the participation in the manage- ment of public affairs remain only partially realised or even fully unrealised.
• recommendation no. 15 (2018)66 with which the Ombudsman recommended that the National Assembly deputies do everything to adopt suitable amend- ments to legislation which does not currently anticipate voting by post for persons who did not express this intention at least ten days before voting, and does not regulate the position of those deprived of their liberty or admitted to hospital or in the institutional care of a social care institution, and are thus unable to vote at a polling station or by post.
• recommendation no. 16 (2018)67 with which the Ombudsman proposed that the Ministry of Labour, Family, Social Affairs and Equal Opportunities prompt- ly provide suitable legislative amendments, enabling a certain authority for the conducting of, and decision making in, minor offence proceedings in the case of an offence under indent one of paragraph one of Article 34 of the Dis- abled Persons Organisations Act (operations or business activities contrary to Article 6 of this Act, which stipulates that operations and business activities of disabled people’s organisations are public).
The online edition of the annual report available on the Ombudsman’s website includes additional substantive explanations regarding the (non)realisation of past recommendations.
2.13.3 The Ombudsman’s new
recommendations and activities
2.13.3.1 Recommendations
In the field of assembly and association and participation in the management of public affairs, the Ombudsman reiterates or provides the following four recom- mendations:
65. The Ombudsman recommends that the Ministry of Public Adminis- tration promptly prepare everything required for the Government of the Republic of Slovenia to re-propose amendments to electoral legislation which will ensure that persons who are unexpectedly deprived of liberty less than ten days prior to voting or are unexpectedly admitted to hospital for treatment or in institutional care of a social care institution (for exam- ple detainees, persons in a ward under special supervision at the psychi- atric hospital) are able to efficiently exercise the right to vote.
66 Annual Report for 2018, p. 116.
67 Annual Report for 2018, p. 119.
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66. The Ombudsman recommends that the Ministry of Labour, Family, Social Affairs and Equal Opportunities provide suitable legislative amend- ments as soon as possible, enabling the appointment of a body for the conducting of, and decision making in, minor offence proceedings in the case of an offence under indent one of paragraph one of Article 34 of the Disabled Persons Organisations Act (operations or business activities con- trary to Article 6 of this Act, which stipulates that operations and business activities of disabled people’s organisations are public).
67. The Ombudsman recommends that the National Assembly as the leg- islator regulate the exercise of the right to petition referred to in Article 45 of the Constitution of the Republic of Slovenia by law.
68. The Ombudsman recommends that all ministries and government services promptly respond to proposals sent to them by the Government Communication Office for consideration after receiving sufficient support at predlagam.vladi.si (ongoing task).
The Ombudsman’s activity with substantive explanations concerning assem- bly and association and the participation in management is addressed in more detail in the chapters Annual Report of the Human Rights Ombudsman of the Republic of Slovenia for 2019 available on the Ombudsman’s website
<www.varuh-rs.si> in the online edition of the report:
2.13.3.2 The exercise of the right to petition referred to in Article 45 of the Constitution of the Republic of Slovenia should be regulated by law
2.13.3.3 According to the principle of sound administration, ministries and government services must promptly respond to proposals that receive sufficient support at predlagam.vladi.si
2.13.3.4 Dismissal of members of the councils of public institutes must be carried out according to the prescribed procedure
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