The Ombudsman responded to many invitations from media organisations; she spoke at Radio Europa05
regularly every month about current issues. We also cooperate regularly with Pravna praksa (Legal Practice
Journal). In 2015, the Ombudsman regularly published her column every two weeks at the IUS INFO legal
portal.
The Ombudsman also has two profiles on Facebook and two websites: one for children and the adults who
take care of them, and the other for information on the exceptionally multi-layered work of the Ombudsman,
on which the public is also informed through press releases or at individual events. We inform the media and
interested public about our work via newsletters every Friday.
3 INFORMATION ABOUT THE OMBUDSMAN’S WORK
The media are a source of information for the Ombudsman’s actions. Due to mistrust of institutions or a lack of
information on whether the Ombudsman might help, many people turn to the media and share their difficult
stories with them. The Ombudsman perceives information from the media as a source of information about
possible violations. It assesses and studies the appropriateness of initiating a complaint of our own accord and
if it meets the conditions for our taking action.
The Ombudsman ensures a qualitative, professionally justified, fair and prompt response to complaints from
the media and their questions. The Ombudsman responds publicly when this is deemed necessary in the
light of its role and powers. The Ombudsman responds to individual cases when all the relevant information
from the competent authorities has been collected and when an opinion has been formed on the basis of
the information. Due to the principle of confidentiality in this process, the Ombudsman always acquires the
consent of complainants prior to disclosing any details about individual cases. Without such consent, only
general opinions are provided about a certain problem.
Questions from journalists
Most written inquiries from journalists in 2015 concerned constitutional rights and discrimination (over 80
in all) and children’s rights (more than 40), followed by social matters (17), the judiciary (21), health care
and health insurance (21) and employment relationships (9), pension and disability insurance (5), restriction
of personal freedom (3), the environment (5), police procedures, administrative matters, housing issues and
discrimination (1). This merely informative overview does not include all of the questions that the Ombudsman
and her deputies were asked on various occasions.
The exceptional increase in the field of constitutional rights and discrimination is the result of events relating
to amendments to the Marriage and Family Relations Act and the refugee crisis in the second part of the year.
Constitutional rights usually receive a lot of attention every year because they also include the ethics of public
discourse (communication, hate speech etc.), privacy and the rights of homosexuals, the Roma and vulnerable
groups.
In relation to the amendments to the Marriage and Family Relations Act, we encountered an interesting
question posed by a journalist as to whether an invitation to express personal opinions and beliefs in a
workplace is considered mobbing. The Director of the Municipal Administration in the Municipality of Ljubljana
was said to have invited her colleagues and subordinate employees to a group photo session to support the Act
if this action complied with their beliefs.
We received many questions throughout the year about the amendments to the Act, and journalists were
particularly interested in our actions. More on the Ombudsman’s measures presented to the public as replies
to questions by means of press releases or at press conferences can be found in the chapter on discrimination
and equal opportunities relating to sexual orientation.
The Ombudsman publicly commended the passage of the Marriage and Family Relations Act and thus the
equalising of same-sex relationships with heterosexual ones. The Ombudsman assessed that homosexual
persons would thus be granted the same rights, since they had been previously discriminated against in
certain fields, contrary to Article 14 of the Constitution of the Republic of Slovenia. During the campaign, the
Ombudsman called for a debate based on verified facts and excluding intolerance of people with contrary
opinions. The Constitutional Court permitted a referendum. Following the rejection of the amendments to
the Act, the Ombudsman in cooperation with NGOs began studying the need for, and possibilities of, filing
requests for a review of the constitutionality and legality of regulations which preclude persons in same-sex
partnerships from having equal rights.
Within the context of the amendments to the Act, we were also asked about the abuse of children for political
purposes, since children were included in a video against same-sex relationships and efforts to acquire equal
rights. More on this can be found in Chapter 2.16.10 Children in the media.
Expressions of hatred against refugees made by leading political representatives
In autumn 2015, journalists asked the Ombudsman how to deal with the growing number of expressions of
hatred directed against refugees. We provided clarifications in this regard in our press release. More on this
topic can also be found in Chapter 2.1.4 Ethics of public discourse.
We were informed about a case of supposed hate speech on social networks by a sister of a deputy of the National
Assembly and a journalist. We explained that we do not follow communications on social networks on a daily
basis and do not express an opinion on everything appearing there, particularly because the Ombudsman’s
responsibility lies in protecting human rights and fundamental freedoms relating to the authorities, and we are
thus unable to discuss examples in which individuals express their opinions and positions on social networks
which could denote hate speech or intolerance.
Due to the directness and severity of the statement, the Ombudsman was able to assess that the journalist’s
statement undoubtedly exceeded the limits of freedom of expression and constituted a violation of Article 63
of the Constitution of the Republic of Slovenia which defines any incitement to violence as unconstitutional.
The Ombudsman condemned the statement, since it very directly proposed the killing of refugees as a solution
to the refugee crisis. That human life is inviolable is stated in Article 17 of the Constitution of the Republic of
Slovenia. Life is the most protected social value and an absolutely protected human right, and any appeal to
take it is unlawful and immoral.
The Ombudsman expressed the understanding that the occurrence of an exceptional increase in the number
of refugees raises important social questions and concern among citizens. However, any participant in the
public discussion who does not have sufficient decency and compassion for a person in distress should at least
observe the legally permissible boundaries when proposing ways to overcome the migration crisis.
ZLOvenija
Although the case was not presented to us in the form of a complaint and we did not verify the journalist’s
claims, we made certain general observations. We stated that an invitation to express one’s world view could
lead to discrimination, but not necessarily. The employer’s motives would have to be determined. Article 46
of the Employment Relationship Act (ZDR-1) stipulates the employer’s obligation to protect and respect an
employee’s personality, and to observe and protect the employee’s privacy. An invitation to express one’s world
view at a workplace could be considered a form of mobbing only on the assumption that other elements
defining mobbing were also present.
The ZLOvenija project received a lot of attention. An unknown author published statements and photographs
of Slovenians with xenophobic content about what bad should happen or be done to refugees. Some people
approved of it, and it was assessed as a good method for combating hate speech or as an effective way of
responding to cases of hate speech on the Internet. It initiated a substantive discussion on what hate speech
was and how to respond to it. In this regard, questions of intervening in the privacy of people who publicly
spread intolerance on their social profiles were raised. The Ombudsman assessed that the Internet is also
a public space if content is easily accessible to an undetermined number of people, and that spreading
186
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
187
3 INFORMATION ABOUT THE OMBUDSMAN’S WORK
various authorities, particularly ministers, we usually held a short press conference at the Ombudsman’s head
office, where we informed the public about the results of our discussions.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents