Varuh ДЌlovekovih pravic

Overview of the Activities of the Human Rights Ombudsman of the Republic of Slovenia in the Field of the Rights of Persons with Disabilities / July–September 2025

Različne oblike invalidnosti v sliki

The Human Rights Ombudsman of the Republic of Slovenia (the Ombudsman) addressed various initiatives submitted between July and September 2025 by individuals who contacted the institution regarding the protection of the human rights of persons with disabilities. The Ombudsman provided explanations of their rights and the relevant legislation, issued recommendations to competent authorities to improve the implementation of these rights, and publicly drew attention to the rights of persons with disabilities. The following is an overview of concluded cases and other public activities.

The following is an overview of concluded cases and other public activities.

The Ombudsman dealt with a case concerning the conduct of the Commission of the Republic of Slovenia for the Protection of Patients’ Rights, which has been rejecting or forwarding other patients’ claims submitted under the Patients’ Rights Act (ZPacP) to the competent inspectorates without substantive consideration. The specific case concerned a person exercising rights under the Act on the Comprehensive Treatment of Pre-School Children with Special Needs (ZOPOPP), which explicitly provides for the possibility of exercising rights under the ZPacP. The Ombudsman found that such practice undermines the purpose of the ZPacP, since a complainant does not have the status of a party in the inspection procedure and is thus not guaranteed appropriate procedural safeguards. According to the Ombudsman, the Commission has been misapplying Article 69 of the ZPacP, as the mere referral of a request to an inspectorate should not constitute sufficient grounds for its dismissal. The Ministry of Health assessed the Ombudsman’s position as legally well-founded and announced legislative amendments to ensure clear and effective consideration of patients’ claims. The Commission expressed its willingness to take the Ombudsman’s opinion into account in its future work. The Ombudsman will monitor the implementation of the announced changes and continue to advocate for stronger legal protection of patients, particularly vulnerable groups, including children with special needs. (more)

The Ombudsman’s call for respect of the rights of children with special needs in schooling and school measures

The Ombudsman examined a case of allegedly inappropriate conduct by a primary school towards a pupil with special needs, who was subjected to an unannounced knowledge test and disciplinary measures without the participation of the three-member commission required by the school’s internal acts. Despite explicit provisions in the pupil’s Individualised Programme stipulating that knowledge assessments must be announced in advance, the school failed to apply these adjustments. The requirement for the mandatory inclusion of a commission in disciplinary measures involving a pupil with special needs was likewise not respected. The Ombudsman pointed out that the pupil, having been granted the status of a child with special needs by a decision of the National Education Institute of the Republic of Slovenia, must be guaranteed all statutory and additional school safeguards. The Inspectorate of the Republic of Slovenia for Education initially failed to address these rights in its opinion, but following the Ombudsman’s intervention announced further supervision and verification of the school’s operations. The school has since initiated an internal review of its acts to improve their clarity and consistency. (more)

Participation of a vulnerable person as a witness during a house search

The Ombudsman handled a case submitted by a mother who expressed concern about the inclusion of her son, who has extended parental care, as a witness during a house search. She pointed out that, due to his personal circumstances, he was unable to understand the meaning of his role and that this could have affected his safety and well-being. The police explained that he had been selected randomly among persons meeting the conditions set out in Article 216 of the Criminal Procedure Act (ZKP) and that no special characteristics had been observed. The Ombudsman found no departure from statutory provisions in the conduct of the police officers, but assessed the case as involving a vulnerable person. The Ombudsman highlighted the lack of systemic mechanisms that would allow timely identification and adequate protection of persons with intellectual or other disabilities who may find themselves in similar situations. In response to the mother’s concerns, the Ombudsman obtained additional clarifications from the Ministry of the Interior regarding the protection of her son and established that she had been informed several times about available forms of assistance. The Ombudsman also informed the Ministry of Justice of the findings and the need for changes, and the Ministry announced that the issue of regulating witness participation would be examined in future legislative amendments. The Ombudsman considered that the information from this case could contribute to reflection on potential improvements to the legal framework for the effective protection of vulnerable persons.

The Ombudsman’s intervention to ensure substantive consideration of a complaint concerning police conduct towards a vulnerable person

The Ombudsman dealt with a case submitted by the mother of an adult person with long-term mental health problems, who expressed concern over allegedly inappropriate police conduct during an intervention at her home. The complainant had already informed the Police about the incident in writing, but the Ombudsman further intervened with the Ministry of the Interior (MNZ) and proposed that her letter be treated substantively as a possible complaint under the Police Tasks and Powers Act (ZNPPol). The Ombudsman drew particular attention to the vulnerable position of the complainant’s son and emphasised the importance of ensuring effective protection of the rights of persons who have difficulty asserting their own interests. The Ombudsman stressed that allegations of potential human rights violations should be examined on the merits even when a family member files the complaint on behalf of a vulnerable person. The Ministry of the Interior informed the Ombudsman that proceedings under the ZNPPol had been initiated.

The Ombudsman highlighted controversial provisions and an unreasonably short deadline for discussion on the proposed amendments to the Placement of Children with Special Needs Act

The Ombudsman responded to the proposal for the Act Amending and Supplementing the Placement of Children with Special Needs Act (ZUOPP-1), which was published during the summer holidays with a very short period for public consultation. The Ombudsman supported the appeal by the Trade Union of Education, Science and Culture of Slovenia (SVIZ) to extend the deadline, pointing out that six working days is not sufficient for the adequate involvement of professional and interested publics—particularly given that the proposed changes affect one of the most vulnerable groups of children. The Ombudsman also raised concerns regarding the proposed reduction in the scope of additional professional assistance and the extension of administrative deadlines for decisions on children’s placement. The Ministry of Education subsequently extended the deadline for submitting comments and explained that the scope of assistance would not be reduced—the current number of hours of additional professional assistance would remain unchanged. According to the Ministry, based on stakeholders’ comments, the initial provision determining the number of hours of assistance had been amended to maintain the existing scope. The Ministry further clarified that the supplements to Article 30 of the ZUOPP-1 did not significantly extend the deadlines and that the content of the article had not been substantively altered.

The National Preventive Mechanism (NPM) continued its visits to occupational activity centres 

Between July and September 2025, a representative of the NPM[1] carried out several unannounced visits, including a thematic visit to the Barka Community, a follow-up visit to the Occupational Activity Centre Šentjur and the Residential Group Podplat, a regular visit to the Centre for Care and Work Golovec and the Residential Unit Ljubečna, a thematic visit to the Occupational Activity Centre Tončke Hočevar, and a thematic visit to the Centre for Training, Work and Care Črna na Koroškem.

The Ombudsman: The relocation of residents from the Hrastovec Institution to new units is an important step towards respecting human dignity

Deputy Ombudsman Ivan Šelih, who is also acting head of the Ombudsman’s institution and head of the National Preventive Mechanism (NPM), attended the opening ceremony of the new protected units of the Hrastovec Special Social Care Institution on 24 September 2025. On this occasion, he emphasised that the relocation of 48 residents from an unsuitable castle building to modern, well-equipped residential facilities represents a long-awaited and important step towards ensuring respect for their rights. The Ombudsman will continue to monitor conditions in the new units and advocate for the best possible living and care standards. (more)

Meeting of the ENNHRI Working Group on the Rights of Persons with Disabilities 

Jerneja Turin, representative of the Human Rights Centre at the Ombudsman’s Office and chair of the ENNHRI Working Group on the Rights of Persons with Disabilities, organised and chaired a meeting of the group’s members on 4 June 2025. The meeting was thematically devoted to the implementation of the Directive on the European Disability Card and the presentation of examples of national human rights institutions’ work in promoting accessibility for persons with disabilities.  During the discussion, she also presented to European colleagues the Slovenian regulation of the EU Disability Card.

 

Participation in the annual meeting with members of the EU Framework for monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities

Jerneja Turin, chair of the ENNHRI Working Group on the Rights of Persons with Disabilities, co-organised a meeting between the members of the European Network of National Human Rights Institutions (ENNHRI) and the members of the EU Framework for monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities (KOPI) in the EU. In addition to representatives of national human rights institutions, the meeting was attended by representatives of the European Ombudsman, the EU Agency for Fundamental Rights, European Parliament committees, and the European Disability Forum, the umbrella NGO The regular annual meeting focused on the implementation of the directives on the European Disability Card and the Parking Card, the implementation of the European Accessibility Act and the Web Accessibility Directive, as well as the future multiannual financial framework of the EU, viewed through the lens of ensuring values-based use of European funds.

As part of its chairmanship of the working group, the Ombudsman regularly prepares a quarterly newsletter in English, providing information on the work of European national human rights institutions and updates on current developments and events in the field of the rights of persons with disabilities. The latest newsletter in English is available here.

 

Previous reviews of the Ombudsman’s activities in the field of the rights of persons with disabilities (clicking on the bullet points below will take you to the relevant publications):

-        April–June 2025

-        January–March 2025

-        October–December 2024

-        July–September 2024

-        April–June 2024

-        January–March 2024

-        October–December 2023

-        April–June 2023

-        January–March 2023

-        October–December 2022

-        April– June 2022

-        January–March 2022

-        October– December 2021

-        July– September 2021

-        April– June 2021

-        January–March 2021

-        October– December 2020

-        July– September 2020


[1] The task of the National Preventive Mechanism (NPM)—established within the Ombudsman’s Office in accordance with the requirements of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment—is to visit places of deprivation of liberty in the country and to monitor the treatment of persons deprived of their liberty, with the aim of strengthening their protection against torture and other forms of cruel, inhuman or degrading treatment or punishment.

Natisni: