THE CONSTITUTION OF THE REPUBLIC OF SLOVENIA Article 159
(Ombudsman for Human Rights and Fundamental Freedoms) In order to protect human rights and fundamental freedoms in relation to
state authorities, local self-government authorities, and bearers of public authority, the office of an Ombudsman for the rights of citizens shall be
established by law.
THE HUMAN RIGHTS OMBUDSMAN ACT
(ZVarCP; Official Gazette of the Republic of Slovenia [Uradni list RS], No. 69/17 – official consolidated text)
Article 1
To protect human rights and fundamental freedoms against state authorities, local self-government bodies and holders of public authority, the Human Rights Ombudsman and their jurisdiction and powers shall be
established by this Act Comment on Article 1
The foregoing text is from paragraph one of Article 159 of the Constitution of the Republic of Slovenia, but the word “citizens” (in Slovenian: male citizens) appearing next to the name of the institution has been deleted, as it would be discriminatory if the Ombudsman protected only the rights of male citizens.
In its work, the Ombudsman shall be independent and autonomous. In its work, the Ombudsman shall comply with the provisions of the Constitution of the Republic of Slovenia and international legal acts on human rights and fundamental freedoms. When intervening, the Ombudsman may also invoke the principles of equity and good administration (Article 3 and 4 of the ZVarCP).
In addition to general provisions, the Human Rights Ombudsman Act also de- fines the election and position of the Ombudsman, the jurisdiction of the Om- budsman and his/her deputies, the procedure for processing complaints, the maintaining of personal databases, the rights of the Ombudsman, and his/her duties.
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THE RULES OF PROCEDURE OF THE HUMAN RIGHTS OMBUDSMAN
(Official Gazette of the Republic of Slovenia [Uradni list RS], No. 3/2019 of 11 January 2019) The new Rules of Procedure of the Human Rights Ombudsman that entered into force on 26 January 2019 was adopted on 3 January 2019.
The Rules harmonised the organisation of the Ombudsman with the Act Amending the Human Rights Ombudsman Act (ZVarCP-B; Official Gazette of the Republic of Slovenia [Uradni list RS], No. 54/17) from 2017. The Rules also govern the method of work of the Human Rights Ombudsman, define the division of work areas and the procedure for processing complaints.
The Ombudsman’s first Rules were published on 6 November 1995 (Offi- cial Gazette of the Republic of Slovenia [Uradni list RS], No. 63/95), and its amendments were adopted at a later date (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos. 54/98, 101/01, 58/05).
The Human Rights Ombudsman Act defines the establishment of the Human Rights Ombudsman Council (Article 50a) as the Ombudsman’s consultative body and three internal organisational units:
• Child advocacy (Article 25a)
• Human Rights Centre; conducting broader tasks, including the promotion of human rights (Article 50b)
• National Preventive Mechanism as per the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (NPM) (Article 50c)
RULES OF PROCEDURE OF THE OMBUDSMAN'S COUNCIL
(Official Gazette of the Republic of Slovenia [Uradni list RS], No. 71/18 as of 9 November 2018)
Article 1 (Subject and purpose)
(1) The Human Rights Council (hereinafter: the Council) shall be the consul- tative body of the Ombudsman as the head of the institution of the Human Rights Ombudsman of the Republic of Slovenia (hereinafter: the Ombuds- man), which is established to promote and protect human rights and funda- mental freedoms, and to enhance legal certainty.
(2) The Council shall enjoy operational autonomy, which includes internal de- mocracy, open dialogue and suitable consideration of various aspects in its own work.
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General Legal Act on child advocacy, the organisation of advocacy, the integration of children into the advocacy system and on the tasks,
composition and method of work of the expert council
(Official Gazette of the Republic of Slovenia [Uradni list RS], No. 44/18 as of 29 June 2018)
Article 1 (Subject and purpose)
This general act shall determine in detail the manner of implementing child advocacy, its organisation and the procedure of integrating children into the advocacy system, including the composition, tasks and work methods of the
expert council, which accompanies the realisation of advocacy.
The purpose of advocacy is to provide professional assistance to a child to express their opinion in all proceedings and matters involving the child, and to forward the child’s opinion to those competent authorities and institutions
which decide on the child’s rights and best interests.
Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(Official Gazette of the Republic of Slovenia [Uradni list RS], No. 114/06 as of 9 November 2006)
Article 4
In connection with Article 17 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Republic of Slovenia makes the following declaration: »Competences and duties of the national preventive mechanism under the Optional Protocol, in accordance
with Article 17, shall be implemented by the Human Rights Ombudsman and, in agreement with him/her, and also by the non-governmental organisations registered in the Republic of Slovenia and organisations that have acquired the
status of a humanitarian organisation in the Republic of Slovenia.«
The position and powers of the Ombudsman are also determined in other acts:
• Constitutional Court Act,
• State Prosecution Service Act,
• Courts Act,
• Judicial Service Act,
• Equal Opportunities for Women and Men Act,
• Defence Act,
• Patient Rights Act,
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• Environmental Protection Act,
• Personal Data Protection Act,
• Criminal Procedure Act,
• Police Tasks and Powers Act,
• Attorneys Act,
• Enforcement of Criminal Sanctions Act,
• Administrative Fees Act,
• Classified Information Act,
• Integrity and Prevention of Corruption Act,
• Infertility Treatment and Procedures for Biomedically-Assisted Procreation Act,
• Public Employees Act,
• Public Sector Salary System Act,
• Court Experts, Certified Appraisers and Court Interpreters Act,
• Travel Documents Act.
International acts that govern the Ombudsman’s operational standards:
• Principles referring to the status of national institutions (Paris Principles) adopted by UN General Assembly resolution 48/134 of 20 December 1993,
• Principles on the protection and promotion of the Ombudsman institution (the Venice Principles) adopted by the Venice Commission at its 118th Ple- nary Session (Venice, 15–16 March 2019) and endorsed by the Committee of Ministers at the 1345th Meeting of the Ministers’ Deputies (Strasbourg, 2 May 2019).
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