47.
27 October The Human Rights Ombudsman, Vlasta Nussdorfer, her deputies, Ivan Šelih and
2017 Dr Kornelija Marzel, and her advisers, mag. Uroš Kovačič, Robert Gačnik and
Liana Kalčina, welcomed the Director General of the Prison Administration
of the Republic of Slovenia, Jože Podržaj, and his associates Lucija Božikov
and Janja Pahor Mohorič to a working visit. The discussions focused on
issues concerning prisoners in the Republic of Slovenia, recent events in
Ljubljana and Dob pri Mirni Prisons, the implementation of the Ombudsman’s
recommendations regarding the initiatives posed by remand and sentenced
prisoners, and the recommendations by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT), the Strategy of the Prison Administration, the placement and transfer of
prisoners to less strict regimes, and staffing problems with judicial police officers.
48.
9 November The Ombudsman’s adviser, mag. Jure Markič, attended a meeting at the Ministry
2017 of Health focusing on the possibilities of regulating the rights of people with
dementia and other people in social care institutions and psychiatric hospitals
where freedom of movement must be restricted exclusively for health reasons.
49.
13–15 The Deputy Ombudsman, Ivan Šelih, travelled to Prague, in the Czech Republic,
November to attend a consultation of European National Preventive Mechanisms (NPM)
2017 on norm-making and skills management (Brainstorming Meeting on the Normmaking Powers and Skills Management of NPMs). The participants established
that when inspecting the observance of existing rules and standards, NPMs
also explain and through their recommendations even create such rules and
standards, even though this is not their principle role. The majority of the
existing rules or standards are not always clear and do not cover all aspects of
NPM activity. This enables NPMs to provide their interpretation of the rules or
standards and to fill the gaps at the national and supranational level (e.g. draft
standards of the SEE NPM Network for social care institutions).
The meeting was organised in the context of the European NPM Forum, financed
by the European Union and implemented by the Council of Europe. In addition to
representatives from the Council of Europe and NPM Obs, the consultation was
also attended by NPMs from Albania, Armenia, Austria, Croatia, Cyprus, the Czech
Republic, Germany, Hungary, Romania, Macedonia, and the United Kingdom.
50. 16 November The Deputy Ombudsman, Ivan Šelih, and the Ombudsman’s adviser, mag. Jure
2017 Markič, attended an expanded session of the Working Group on dementia
at the premises of the Ministry of Labour, Family, Social Affairs and Equal
Opportunities (Ministry). A few years ago, the Ministry adopted Guidelines
for working with people with dementia in the field of institutional care. The
purpose of the Guidelines is to assist retirement homes in ensuring comparable
treatment of people with dementia. The Ministry has established that, with
the development of the concepts of working with people with dementia, by
monitoring questions and dilemmas concerning retirement homes in their
provision of care, and on the basis of the findings of the Ombudsman of the
Republic of Slovenia and the Inspection for Social Affairs, the need arises to
update these Guidelines every few years. The Ombudsman is pleased to establish
that the foreseen amendments and annexations of the Guidelines are in line with
the office’s recommendation or the recommendations of the National Preventive
Mechanism, expressed in the reports on visiting individual retirement homes.
These are mainly questions concerning the limitation of freedom of movement
outside secure departments, admission to the secure department, the use of
special and other precautionary measures, the use of therapy when required,
and other issues mainly associated with the implementation of the Mental
Health Act. In agreement with the Association of Social Institutions, the Ministry
is planning to present the proposals for the amendments at the meeting of
directors of retirement homes.
34
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2017
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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