77.
The Ombudsman again proposes that the
Government analyse the efficiency of services of the
Employment Service of Slovenia and, considering the
findings made, adopt organisational, staffing and
other measures which will contribute to speeding up
responses to the needs of unemployed persons.
PROTECTION OF CHILDREN’S RIGHTS
78.
The Ombudsman recommends that the prohibition
of corporal punishment of children be determined
in an amendment to the Family Violence Prevention
Act.
79.
The role and tasks of the advocate of child’s
rights should be determined in more detail in an
amendment to the Human Rights Ombudsman Act.
81.
The Ombudsman recommends that the Ministry of
Education, Science and Sport include a requirement
for THC testing of secondary school students,
including the keeping and processing of pertinent
personal data, among the anticipated amendments
to school legislation.
82.
The Ombudsman recommends that the issue of
the suitability of compensations for the transfer of
children between sports clubs be regulated in the
Sports Act.
83.
The Ombudsman recommends that the Ministry
of Labour, Family, Social Affairs and Equal
Opportunities conclude a settlement with all
injured parties who enforce their rights to child
care allowance and the assistance and attendance
allowance in judicial proceedings, or rectify the
injustices caused by amending legal arrangements.
80.
The Ombudsman recommends that court hearings
be video recorded.
5
IMPLEMENTATION OF DUTIES AND POWERS OF
THE NATIONAL PREVENTIVE MECHANISM
5.1 General
In 2006 in accordance with the Act ratifying the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment,1 the Human Rights Ombudsman assumed important
duties and powers of the National Preventive Mechanism (NPM). By being entrusted with the tasks and
powers of the NPM, the Ombudsman became an integral part of a generally applicable system under the
auspices of the United Nations (UN), which enforces (additional) mechanisms for the prevention of torture and
other forms of ill-treatment of people deprived of liberty at the international and national level. This system
is particularly based on regular visits to places of detention. These are preventive visits, the purpose of which
is to prevent torture or other ill-treatment before it occurs. In addition to the Sub-Committee on Prevention
against Torture (SPT) established by the United Nations, the Optional Protocol introduces the so-called NPM,
whose task is to regularly visit all, or any, places suspected of deprivation of liberty where persons are, or could
be, accommodated
5.2 Act ratifying the Optional Protocol
4 COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015
The Act ratifying the Optional Protocol (Article 5) determines that the duties and powers of the NPM are to be
implemented by the Ombudsman. It also stipulates that non-governmental organisations (NGOs) registered
in the Republic of Slovenia and organisations which hold the status of humanitarian organisations in
the Republic of Slovenia and which deal with the protection of human rights or fundamental freedoms,
particularly in the field of preventing torture and other cruel, inhuman or degrading treatment or punishment,
may participate with the Ombudsman in the supervision of places of detention and examination of the
treatment of persons deprived of their liberty. These organisations are selected on the basis of a public
procurement published by the Ombudsman, who also decides on the selection of organisations. The Act ratifying
the Optional Protocol also stipulates that persons from selected organisations which will be participating in
the implementation of duties and powers of the NPM have to provide a preliminary written statement that
when implementing these duties and powers they will observe the Ombudsman’s instructions and regulations
on the protection of personal and confidential data, as also applicable to the Ombudsman, her deputies and
staff. The costs of, and remuneration of, persons from organisations conducting tasks or implementing powers
are covered by the Ombudsman from its budget headings according to the rules issued on the basis of the
prior consent of the minister responsible for finance. The rules are published in the Official Gazette of the
Republic of Slovenia. On this basis, the Ombudsman issued the Rules on the reimbursement of costs and
remuneration of persons from organisations performing tasks or executing authorisations according to the
Official Gazette of the Republic of Slovenia, no. 114/06 – International Treaties, no. 20/06.
1
226
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
ANNUAL REPORT OF THE NATIONAL PREVENTIVE MECHANISM FOR 2015
227
5 IMPLEMENTATION OF DUTIES AND POWERS OF THE NATIONAL PREVENTIVE MECHANISM
workshops and other forms of education and training
has improved the employability of the participants.
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