We were unable to provide a reply to the journalist’s question about how many criminal violations of labour
rights we had discussed, because we do not keep separate statistics on this subject. This issue is in the domain of
the courts. However, we provided a detailed description of our efforts in the field of employment relationships.
The Ombudsman informed a journalist that it was discussing on its own initiative the issue of workers seconded
to temporary work abroad. More on this is written in Chapter 2.10.4.
The financing of Info point for foreigners at the Employment Service of Slovenia was also terminated last
year. In our public statement, we assessed that by terminating the financing of the project aliens, migrants and
asylum seekers, who are especially vulnerable, would have no urgently required advocacy and consulting and
would be pushed even further to the edge of the society and onto a path of illegal exploitation in our country.
All of the above was taking place when the migrant crisis was at its height. We also added that the state should
find financial resources to continue the project.
3 INFORMATION ABOUT THE OMBUDSMAN’S WORK
Base stations and the right to water
In the field of the environment, we received a question about whether the Human Rights Ombudsman was
considering filing a request for a constitutional review of the Railway Traffic Safety Act (ZVZelP). We did not
file a request, but stated our position that the right to water as a fundamental human right must be enshrined
in Slovenian legislation. Management of the right to water must be uniform and not as it is now, when each
municipality individually determines the conditions for disconnecting the drinking water supply. The right to
water is also inseparably connected with the right to life, dignity and health. The Ombudsman assessed again
that the right to water is one of the rights which are basic for people’s life. The quality of life, particularly of
vulnerable groups, may deteriorate significantly if this right is violated. The Ombudsman thus called on the
state to regulate this right at the highest level, i.e. to enter it in the Constitution, and also arrange sectoral
legislation (e.g. determine drinking water supply at the national level in the Environmental Protection Act and
no longer only at the local level as it is now, when the supply of drinking water is a mandatory municipal utility
service of environment protection).
Great concern for children’s rights
The field of children’s rights also received a lot of attention from the media. We publicly expressed our outrage
at the termination of study assistance for children with special needs. The Ombudsman was concerned
because no guarantees were given that these and other austerity measures in education were only temporary.
The Ombudsman never agrees with any limitation of the rights of the most vulnerable groups of citizens and
thus asked the state to find other ways to make savings. It also disagreed with the idea that schools themselves
should assess the pupils eligibility for this assistance (i.e. ignoring the provisions of decisions on placement)
and combine study assistance for more pupils, which would undoubtedly amount to merely formal fulfilment
of the provisions of decisions on the placement of individuals. We also called for the consistent observance of
applicable regulations, which also include decisions on the placement of children with special needs. More on
this issue and its positive resolution can be found in Chapter 2.16 Children’s rights.
We informed the public about our position on the transportation of persons with disabilities, outlined in detail
our work regarding children with emotional and behavioural disorders, and repeated our established position
on home schooling. Regarding the latter, the criteria of home schooling must be defined more thoroughly. We
also expect greater supervision to prevent violations of children’s rights to education, more frequent testing
of knowledge to enable a prompt determination of children’s progress or regression, including the seeking of
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optimum conditions for children’s development. The Ombudsman also expects the introduction of qualification
criteria for home teachers to be considered.
A teacher’s proposal about THC testing of secondary school students received a lot of attention. We discussed
and published it, unattributed, on our website. A practical lessons teacher in a secondary technical school
asked for our opinion and recommendations about testing students on the presence of THC in their saliva.
She required the Ombudsman’s opinion on whether the application of tests would constitute a violation of any
human rights. She also added that the testing would take place in a school advisory service room and that at
least one additional expert colleague would be present. The purpose of such testing would be solely to protect
students unable to follow or perform practical training under the influence of drugs and who thus endanger
themselves and others. We submitted our reservations to the complainant. More on the issue can be found in
Chapter 2.15 Children’s rights.
Since violence is still present in Slovenian society in all its forms, and children are its frequent victims, certain
journalists expressed their concern about the arrangement of psychological support offered to them. The
public was outraged about cases of children being seized. More on this topic can be found below.
In May 2015, the European Committee of Social Rights of the Council of Europe determined that the Republic of
Slovenia was violating Article 17 of the European Social Charter because it had not yet prohibited the corporal
punishment of children. The Ombudsman repeated publicly that this issue must be regulated legally as soon
as possible, either by amending the Family Violence Prevention Act or in the new Family Code.
We were also asked about our opinion on begging or the economic exploitation of children. The Ombudsman
assessed that the regulatory framework preventing the economic exploitation of children is adequate in the
Republic of Slovenia, whereby we are aware that it is very difficult to detect such conduct within a family and
even harder to sanction it. Furthermore, certain reasons for economic exploitation of children and child labour
could be eliminated with efficient mechanisms to abolish poverty.
A case of peer mobbing based on nationality of a 10-year old boy in Deskle received a lot of attention in 2014.
The Ombudsman said that the fact that the incident which had taken place at school is reprehensible, and
required thorough and responsible consideration by representatives and other expert workers at the school,
and especially by the parents of the children involved. The Ombudsman also recommended several measures
to be taken by the school’s bodies.
Seizures of children
The public was outraged about cases of children being seized. The Ombudsman could not comment on the
events, since it lacked authorisation and sufficient objective information. We stated that seizure is only one of
the pressures to which a child is exposed and which most clearly shows that children are always the victims of
parental disagreements. Therefore, all state authorities and holders of public authorisations should particularly
note the requirement that a child’s benefit should be the main consideration in decision making procedures.
The expert workers of social work centres would have to prepare both parents in advance for the seizure and
its consequences and not merely observe the child’s reaction to a (physical) seizure in the last phase of the
procedure. Unfortunately, the seizure proves that parents were unable to agree on minimum cooperation in
the upbringing and care of their child, and frequently also to the fact that the legal remedies applied were
not efficient. We believe that legislation should provide more remedies to enforce observance of competent
authorities’ decisions, which would enable prompt and effective reactions in all cases when one of the parents
fails to comply with a court decision.
In other cases, the Ombudsman assessed that schools are not an appropriate place for the enforcement
of seizure, especially if the latter may be carried out in another place and does not harm the child. The
Ombudsman also ascertained that legal provisions regulating the enforcement of final and executable court
decisions relating to the care and education of children and personal contacts comply with the principle of
the best interests of the child and that regulatory changes are not required in this regard. However, it would
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of initial capital required for the establishment of a company would also be suitable. We also pointed out
several forms of insecure employment relationships and covert employment relationships. We emphasised
that the Ombudsman had been exceptionally critical about all forms of precarious work for a long time, and
drawing the attention of competent ministers and authorities to the problem and calling upon changes with
various recommendations. On this topic, the Ombudsman also organised a panel discussion entitled ‘How did
work lose its dignity?’ in 2014 (further information is available on the Ombudsman’s website under Projects).
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