COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015 CONSTITUTIONAL RIGHTS 1. The Ombudsman recommends that the Ministry of Education, Science and Sport anticipate sanctions against violating the prohibition on implementing confessional activities in public kindergartens and schools when drafting amendments to the Organisation and Financing of Education Act. 4 COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015 2. The Ombudsman recommends that all who participate in public discussions, particularly politicians in their statements and writing, avoid inciting hatred or intolerance on the basis of any personal circumstance, and when such cases occur, to respond and condemn them immediately. 3. The Ombudsman recommends that state authorities promote and support (through public calls) selfregulatory mechanisms for responding to hate speech. 4. The Ombudsman recommends that the National Assembly adopt a code of ethics and form an arbitration panel to respond to individual cases of hate speech in politics. 5. The Ombudsman recommends that state authorities and local authorities state their position on the content of petitions within their competences and provide reasons for their decisions in their reply. 220 6. The Ombudsman recommends that the enforcement of the right to petition of Article 45 of the Constitution of the Republic of Slovenia be regulated by law. The method of enforcing this right may not be regulated or limited by instruments which are not legal acts. 7. The Ombudsman recommends that the Government re-examine the compliance of the current arrangement on the limitation of the right to vote of the disabled with the UN Convention on the Rights of Persons with Disabilities when drafting amendments to the National Assembly Elections Act. DISCRIMINATION 8. The Ombudsman recommends the prompt adoption of legislative solutions to ensure impartial, independent and effective discussion of violations of the prohibition of discrimination and establish an independent advocate of the principle of equality. 9. The Ombudsman again highlights the lack of a national human rights institution with full authorisation functions on the basis of the Paris Principles. The Ombudsman thus expresses its willingness to supplement the Ombudsman’s institution in this regard on the basis of already established models in Europe. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 11. The Ombudsman recommends that the Government prepare amendments to the Roma Community Act to remedy the shortcomings identified in the Act. 12. The Ombudsman recommends that the Government provide access to drinking water and sanitary facilities as an element of enforcing human rights and human dignity if these are not provided by local communities. 13. The Ombudsman recommends that the Ministry of Labour, Family, Social Affairs and Equal Opportunities and the Ministry of Education, Science and Sport prepare a proposal of amendments to disputed regulations to eliminate discrimination relating to the right to the free transport of persons with mental disorders aged between 18 and 26 who are participating in special education programmes as soon as possible and no later than by the beginning of the school year 2016/17. 14. The Ombudsman recommends that state authorities, local self-government bodies and public service contractors consistently observe their obligations regarding the provision of assistance or interpreters for sensory impaired and/or physically disabled persons. 15. The Ombudsman recommends that the Commission for the Prevention of Corruption (KPK) notify applicants requesting its assistance that the KPK received their requests and inform them of the time needed for discussion of their requests as per the principle of good administration on the basis of paragraph two of Article 25 of the Integrity and Prevention of Corruption Act (ZIntPK) (Measures to protect the reporting person) within 15 days (also by means of an automatic reply to requests received by e-mail). In these cases, the reporting person should also be informed about the KPK’s final decision on the matter. RESTRICTION OF PERSONAL FREEDOM 16. The Ombudsman recommends that the Prison Administration of the Republic of Slovenia adopt additional measures to provide useful and meaningful activities for prisoners, particularly possibilities for work. 17. The Ombudsman recommends that the Ministry of Justice and the Prison Administration of the Republic of Slovenia adopt staffing norms for work in prisons. 18. The Ombudsman again recommends that the Ministry of Health, in addition to current recommendations appealing to doctors to record data correctly in the medical records of detainees, prisoners and persons in social care institutions, particularly in the event of injuries and claimed ill-treatment, also prepare a suitable form for medical reports, while observing the guidelines of the Istanbul Protocol, and submit the form to all competent institutions which request that doctors complete the reports consistently. 19. The Ombudsman recommends the prompt provision of premises or wards adjusted to disabled persons in prisons, as per Article 60 of the ZIKS-1. 20. The Ombudsman recommends particularly careful consideration of all circumstances which prevent the approval of the benefits of temporary absence from prison, particularly for prisoners convicted of domestic violence. 21. The Ombudsman recommends that the Ministry of Justice (in cooperation with the Ministry of Health if necessary) again consider the issue of the legal basis for measures taken by health care providers when forcibly eliminating or managing the dangerous behaviour of prisoners who endanger their own life or the lives of others or pose a serious threat to their health or the health of others or cause severe material damage to themselves or others. 22. The Ombudsman expects that findings, and particularly warnings and proposals to amendments provided by the project group, will be carefully considered for the further development of forensic psychiatry in Slovenia. ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015 221 4 COMPILATION OF THE OMBUDSMAN’S RECOMMENDATIONS IN 2015 4 10. The Ombudsman recommends that state authorities and local authorities in bilingual areas consistently implement regulations on the use of the languages of national communities.