On the basis of Paragraph 2 of Article 10 and Paragraph 6 of Article 25a of the Human Rights Ombudsman Act (Official Gazette of the Republic of Slovenia, No. 69/17 – official consolidated text), the Human Right Ombudsman of the Republic of Slovenia issues the official consolidated text of the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and Method of Work of the Expert Council, which includes:

• The General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and the Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 44/18 of 29/06/2018).
• Act on Amendments to the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and the Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 4/20 of 24 January 2020).
• Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and the Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 13/21 of 29 January 2021).
• Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition and the Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 202/21 of 24 December 2021).
• Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 107/24 of 17 December 2024).

GENERAL ACT ON THE METHOD OF IMPLEMENTING CHILD ADVOCACY, ORGANISATION OF ADVOCACY, INCLUSION OF CHILDREN IN ADVOCACY, AND THE TASKS, COMPOSITION, AND METHOD OF WORK OF THE EXPERT COUNCIL – official consolidated text

 

Article 1
(Subject and purpose)

This General Act defines in more detail the method of implementing child advocacy, its organisation, and the process of including a child in advocacy, as well as the composition, tasks, and work methods of the expert council that monitors the implementation of advocacy.

The purpose of advocacy is to offer professional assistance to the child to express his opinion in all procedures and matters in which he is involved and to convey the child's opinion to the competent authorities and institutions that decide on his rights and benefits.

Professional assistance includes psychosocial support for the child, conversations about his wishes, feelings, and opinions, familiarising the child with procedures and activities in a way that is understandable for his age and development, finding the most suitable solution together with the child, and accompanying the child before the authorities and institutions that decide on his rights and benefits.

The terms used in this act in the masculine grammatical form are used as gender neutral.

Article 2
(Organisation of advocacy)

Advocacy is organised in a network that ensures equal access to advocates for all children, regardless of where they live, taking into account their possible special needs.

The network of advocates (hereinafter: advocate) is determined in more detail by the Ombudsman, taking into account already demonstrated needs for advocacy in individual areas.

The network of advocates consists of advocates and regional coordinators (hereinafter: coordinators), who are appointed for each area. The coordinators work in the following areas: Ljubljana and its surroundings, Gorenjska, Goriška, Notranjska, Karst and southern Primorska, Dolenjska and Posavje, Celje – Carinthia and Zasavje, and the northeastern part of Slovenia.

The tasks of coordinators and advocates are defined in more detail in the Child Advocacy Concept, which is determined and publicly published by the Ombudsman.

All advocates and coordinators who meet the conditions set by the law and this Act are placed on the list published on the Ombudsman's website.

The Ombudsman issues advocates and coordinators who are included in the list from the previous paragraph with a registration card, which they use to identify themselves in the performance of their duties.

Article 3
(Scope of advocacy)

Child advocacy encompasses:

• developing a network of advocates
• organisation and implementation of training and knowledge testing for advocacy candidates
• organisation and implementation of professional development and training of child advocates
• organisation of supervision and interviews for candidates
• consideration of written proposals for the appointment of a child advocate and the appointment of an advocate
• meetings and conversations with the child and obtaining his opinion or statement monitoring and control of advocacy
• presentation of the child's statement to the parents, the court, the centre for social work (hereinafter: CSD) and other authorities
• informing the interested public about child advocacy and the organisation and conducting presentations of child advocacy for the professional public

Article 4
(Eligibility to be a coordinator)

A coordinator is a person who organises and manages cases of advocacy in an individual area determined by the network of advocates.

The Ombudsman selects a coordinator based on a public call. The procedure for selecting a new coordinator, the composition, tasks, and remuneration of the members of the selection committee, as well as the method of introducing the new coordinator to independent work are regulated by the Rules on the Procedure for Selecting a Child Advocate Coordinator.

The person chosen as a coordinator:

• must be a citizen of the Republic of Slovenia.
• must have legal capacity.
• must not be the subject of a withdrawal of parental custody order.
• must not have been legally convicted of an intentional crime.
• must not have had a final indictment filed against him for an intentional criminal act, which is prosecuted ex officio.
• must have completed at least higher education.
• must have at least 10 years' experience working in the field of work with children and parents.
• must complete training for child advocate candidates within one year of selection.
• must be a trustworthy person.
• must be prepared to cooperate regularly with the Ombudsman in the manner specified by the regulations in the field of advocacy and to participate in training and education organised by the Ombudsman.
• must have his own transport for fieldwork.
• must not give rise to any doubts that he will work in the best interest of children.

The coordinator and the Ombudsman determine mutual rights and obligations with an agreement that is valid until one of the parties withdraws from the agreement.

If the coordinator no longer meets the conditions from the Paragraph 3 of this Article, the Ombudsman withdraws from the agreement and dismisses him.

If the coordinator does not want or can no longer perform his duties, he must immediately inform the Ombudsman in writing and complete his work within three months, or after handing over the duties to a new coordinator.

The new coordinator works under the guidance of a mentor, preferably the previous coordinator. The mentor is determined by the Ombudsman. Mentoring lasts from 6 to 12 months, or until the completion of three cases, depending on the number of cases and on the proposal of the mentor, who evaluates the work of the new coordinator.

Article 5
(Objectivity)

The coordinator and advocate cannot be a person whose impartiality and objectivity are doubted due to previous direct or indirect involvement in the issue of a specific case.

The coordinator and the advocate may not participate in any procedure (e.g. intervision, supervision) that deals with the case from the previous paragraph.

Article 6
(Duties of the coordinator)

In particular, the coordinator:

• is familiar with the basic domestic and international standards for the protection of children's rights.
• is familiar with the regulations governing the advocacy of children and implements them within the scope of his tasks.
• regularly cooperates with the Ombudsman throughout the course of the case.
• monitors the work of the advocate, provides him with information, and consults with him.
• organises an introductory and final meeting with the child.
• cooperates with the parents, guardians, or legal representatives of the child and institutions according to the needs of the individual advocacy case.
• together with the advocate, takes care of representing the child's opinion in procedures and matters in which the child is involved.
• carries out other tasks specified in the Child Advocacy Concept.

 

Article 7
(Selection of an advocate)

The advocate is chosen by the Ombudsman based on a public call. The process of selecting candidates for the role of advocate is led by a selection committee appointed by the expert council. The composition and tasks of the selection committee and the award of the members are governed by the Rules on the Procedure for Inclusion on the List of Child Advocates.

A candidate for the role of advocate who meets the conditions of Article 25a of the ZVarCP, with the exception of the eighth indent of the Paragraph 2 of Article 25b of the ZVarCP, is included in the training process for advocate candidates based on the positive opinion of the selection committee.

After completing the theoretical part of the training, the candidate for the role of advocate enters into a cooperation agreement with the Ombudsman (hereinafter referred to as: agreement with the advocate), which determines mutual rights and obligations. The Ombudsman issues the candidate with a card. This puts the candidate for the role advocate on the list of advocates.

The knowledge test represents the defence of the exam task before the exam board. The composition and tasks of the examination commission and the remuneration of the members are governed by the Rules on the Procedure for Placing a Candidate for Advocate on the List of Child Advocates.

The Ombudsman regularly checks the fulfilment of the conditions for inclusion on the list of advocates.

An advocate who has been inactive for at least two consecutive months or longer must attend two supervisions and two interviews before being assigned a case.

An advocate who rejoins advocacy after 18 months has passed must take part in training according to the programme and procedure determined by the Ombudsman with the Rules on the Procedure for Placement on the List of Advocates for Children.

An advocate who has not actively participated in advocacy for more than three years may be included in the list of advocates again in the manner specified in Paragraph 1 of this Article.

Article 8
(Duties of the advocate)

The tasks of the advocate are:

• to be familiar with the regulations governing the field of child advocacy.
• in accordance with the principles of advocacy, he organises work and plans meetings with the child, which he records and reports to the coordinator.
• to regularly attend supervision, intervision, and training sessions organised by the Ombudsman in the field of advocacy.
• after the final meeting, to prepare a final report on the progress of the advocacy case.
• after the conclusion of the case, together with the coordinator, he is responsible for presenting the child's opinion in ongoing procedures, e.g. in court proceedings, proceedings at the CSD, etc.

The tasks of the advocate and the manner of his cooperation with other participants in advocacy are defined in more detail in the Child Advocacy Concept.

Article 9
(Regional intervision)

The purpose of regional intervision (hereinafter: interview) is to exchange innovations in the field of child advocacy and the current work experience of advocates in each area.

Intervision enables advocates to receive professional support, learn effectively from the experiences of colleagues and their own, offer mutual support, and disseminate examples of good practice.

Intervision is organised and conducted by the coordinator, as a rule, every two months.

Article 10
(Supervision)

The purpose of supervision is to ensure the quality of professional work, and reflection on the contents and procedures of advocacy work to increase its quality and resolve issues, difficulties, and ethical dilemmas.

The supervisor is chosen by the Ombudsman based on a public call.

The supervisor must have proof of completed supervisor education and training, proof of years of supervision experience, and proof of professional work with children, families, and professionals.

Article 11
(Ethics commission)

The expert council determines the Code of Ethics of Advocacy, which is published on the Ombudsman's website.

Violations of the Code of Ethics are dealt with by the Ethics Commission, which consists of five members of the expert council for a period of three years. The Ethics Commission regulates its work in more detail with the rules of procedure.

Article 12
(Process of appointing an advocate)

Anyone can submit a proposal to appoint an advocate for a child (hereinafter: the proposal) to the Ombudsman.

If the Ombudsman assesses that the proposal is unfounded, he informs the proposer in writing of the reasons why the child will not be appointed an advocate.

If the Ombudsman considers that the proposal is justified, he starts the procedure for obtaining the consent of the parents or legal representatives of the child.

The CSD or the court can obtain the consent of one or both parents or legal representatives themselves.

If the consent of both parents or legal representatives is not obtained, the Ombudsman proposes that the competent CSD or the court appoint an advocate from the list of advocates by means of a decision or resolution.

If the CSD or the court does not agree with the appointment of an advocate for the child, the Ombudsman can ask for an explanation of how the child's right to express his opinion will be ensured in the process.

When the Ombudsman obtains the basis for appointing an advocate (consent, decision, or resolution), he determines the most appropriate advocate for the child.

The Ombudsman informs the competent CSD or the court about the appointment of an advocate for the child in all cases, if he judges that this is necessary to protect the interests of the children.

If the child reaches the age of 18 at the time of the advocacy, the advocate continues to work until the assigned task is completed, if the young person agrees.

The process of appointing an advocate at the Ombudsman is managed and carried out exclusively in the e-Approval of material (EPG).

Article 13
(Introductory meeting)

The coordinator organises an introductory meeting, to which, as a rule, he invites the child, parents, or legal representatives, but also a representative of the institution that is the proposer of the appointment of an advocate.

The introductory meeting is aimed at familiarising the child and parents with the advocate and coordinator, the way of working, the precise definition of tasks and goals, and agreement on when and where the meetings will generally take place.

Article 14
(Meetings between the advocate and the child)

The advocate meets with the child at an agreed place and, in an informal conversation adapted to the child's age and maturity, presents the purpose of advocacy and the way of determining his wishes and needs.

In the event that several advocates are assigned to children in the same family, they generally agree on meetings at the same times and on joint transportation.

As a rule, the advocate and the child meet once a week. The number of all meetings depends on the case, but as a rule no more than ten meetings.

Article 15
(Reporting child abuse)

If the advocate learns during the meeting with the child that violence has been or is still being perpetrated against the child or that the child is a witness to violence, he is obliged to immediately inform the coordinator, who in turn informs the Ombudsman.

Article 16
(Advocate's report)

After each meeting with the child, the advocate prepares a report with which he informs the coordinator, who forwards it to the Ombudsman.

The advocate's meeting reports and other documents on the advocacy case may be submitted to the Ombudsman exclusively through the e-Posredovanje gradiva application.

Article 17
(Statement of the child)

Making a statement is a child's right, not an obligation.

The advocate informs the child about his options regarding the statement and its importance for the decision in the procedure and the case. The advocate ascertains whether the child understands what is written in the statement.

With the statement, the child expresses his thoughts, feelings, wishes, views and attitudes, or his experiences regarding persons, events, circumstances, and procedures that he perceives as important in his life and that affect his well-being or situation.

The advocate must respect the child's decision as to whether the statement is passed on and to whom. The advocate informs the child that he will do everything in his power to forward the statement to the competent institutions. The advocate must explain to the child that his opinion will not influence their final decision.

The child forms a statement and signs it in the presence of the advocate. The child does not take the statement home, nor other notes or drawings created at the meetings.

At the final meeting, the parents or legal representatives are informed orally of the child's statement, if the child so wishes. The original copy of the statement is kept by the Ombudsman.

If the child wishes, the statement is also sent or presented to other persons and authorities.

Article 18
(Confidentiality of the procedure and storage of documentary material)

Advocates consider the value and origin of information received (e.g. information, reports, and statements) in the advocacy process and do not disclose it without proper authorisation, unless there is a legal or professional obligation.

Advocates shall not use the information for any personal gain or in any way that would violate the law or harm the legitimate or ethical goals of advocacy.

The coordinator and the advocate are personally responsible for the careful safeguarding of the documents related to the advocacy case and are obliged to ensure that any records in physical form are forwarded to the official address of the Ombudsman as soon as possible after the case is closed.

In accordance with the regulations, the archive of child advocacy cases is managed by the Ombudsman.

Article 19
(Conclusion of the advocacy case)

The decision to close the case is made by the advocate and the coordinator in an agreement.

In all cases, the advocate writes a final report, which is attached to the child's statement.

The Ombudsman sends a copy of the received statement of the child and the advocate's report and the coordinator's report to the CSD via a secure electronic mailbox, and to the competent court via the e-Sodstvo application.

The Ombudsman can also send the documents from the previous paragraph to other bodies that manage the procedure, which generally ends the advocacy procedure.

Article 20
(Expert council)

The expert council is a body of the Ombudsman and is responsible for the realisation of advocacy for children.

The expert council consists of all coordinators, two representatives of the Ombudsman, two advocate representatives, and five representatives of the professional public and non-governmental organisations, who are chosen by the Ombudsman based on a public invitation to participate.

If necessary, the expert council can form individual working bodies, which determine their tasks and mandate.

The expert council is headed by the Deputy Ombudsman responsible for the protection of children's rights.

Depending on the content of the convened meeting, the expert council or its working bodies may invite representatives of state bodies and non-governmental organisations, as well as independent experts in the field of children's rights, to their meeting.

The expert council regulates its work in more detail with the rules of procedure, which it adopts with the consent of the Ombudsman.

Professional and administrative technical work for the expert council is provided by the Ombudsman.

The mandate of the expert council is three years. The mandate starts from the constitutive session.

Article 21
(Tasks of the expert council)

The tasks of the expert council are in particular:

• consideration of conceptual and organisational issues of implementation of child advocacy
• formulation of positions or proposals for solving general issues of the realisation of children's rights in the field of advocacy
• dealing with individual issues in the field of advocacy, addressed to it by the Ombudsman
• addressing broader professional issues of advocates, coordinators, and supervisors and forming common positions
• consideration of specific proposals that raise general questions, but only in anonymised form
• proposes to the Ombudsman content for training advocates and participates in training
• creation of proposals for the training programme and process, as well as the test of advocates' knowledge
• planning advocacy promotional activities

Article 22
(Publicity of the expert council)

Publicity of the expert council's work is ensured in particular by publishing its positions and proposals on the Ombudsman's website, but it can also be done in other usual ways.

Article 23
(Financing of advocacy)

Funds for advocacy are provided from the Ombudsman's budget. Records of advocacy costs are kept as a special budget item of the Ombudsman.

Advocacy costs are shown separately and explained by the Ombudsman in the annual report on his work.

The scope and level of spending of funds for the implementation of other activities and purposes within the framework of child advocacy are specified in more detail in the Ombudsman's financial plan.

Article 24
(Remuneration of advocacy participants)

The work of advocates and coordinators is honorary and voluntary, and they are entitled to remuneration and reimbursement of travel expenses in the same amount as applies to civil servants.

The advocate is awarded an honorarium of 5.5 points. The award includes preparation for the meeting with the child, implementation of the meeting, participation in the advocacy case at various institutions, and recording of the report on the meeting or other completed activities. For additional professional work on the case, the advocate is entitled to an honorarium of 2.5 points.

The coordinator is awarded 5 points for the introductory meeting, 5 points for the final meeting, and 2 points for each meeting with the child.

The advocate and the coordinator are entitled to an honorarium and reimbursement of travel expenses even after the termination of cooperation with the Ombudsman, if due to an advocacy case that the advocate or coordinator had during the period of active cooperation, they attend a court hearing or perform another activity and cannot be replaced by another person from advocacy.

For constant reachability and responsiveness to the proposals of parents and institutions, participation in interviews, covering telephone costs, copying of documents, and other material costs, the coordinator receives a monthly award of 12 points, for organising and leading the interview 5 points, for mentoring the advocate a one-time award of 10 points, for the period of mentoring the new coordinator a monthly award of 8 points, provided that at least 1 case of advocacy is active, and for any additional obligations (participation in team meetings, court hearings) 5 points.

Supervisors are entitled to compensation for completed supervision in the amount of 10 points per teaching hour.

Members of the expert council and members of its working bodies have the right to reimbursement of travel expenses for attending the meeting. Professional tasks performed within the framework of the working bodies referred to in Paragraph 3 of Article 20 are evaluated at the rate of 2.5 points per hour.

Material costs that may arise when meeting the child and travel costs are calculated in the net amount, while all other values ​​from this article are determined in the gross value. Their changes may be modified by the Annual Financial Plan of the Ombudsman for advocacy.

Advocates and coordinators, supervisors, and members of the expert council submit a claim for the reimbursement of travel expenses and the payment of an honorarium for the work performed no later than three months after the individual event.

Article 25
(Preliminary provision)

The Ombudsman publishes a public invitation for the appointment of members of the expert council within 30 days from the entry into force of this act.

Article 26
(Final provision)

This General Act enters into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.

___________________________

The Act on Amendments to the General Act on the Method of Implementing Child Advocacy, the Organisation of Advocacy, the Inclusion of Children in Advocacy, and the Tasks, Composition, and Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 4/20) contains the following final provision:

 

»                                                                     Article 4

 

This Act enters into force the day after its publication in the Official Gazette of the Republic of Slovenia.«.

 

 

The Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, Organization of Advocacy, Integration in Advocacy and Tasks, Composition, and Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 13/21) contains the following final provision:

 

»                                                                     Article 2

 

This Act enters into force the day after its publication in the Official Gazette of the Republic of Slovenia.«.

 

The Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, Organisation of Advocacy, Including the Child in Advocacy, and the Tasks, Composition, and Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 202/21) contains the following preliminary and final provision:

 

»                                                                     Article 5

(Preliminary and final provisions)

All other provisions of the General Act remain unchanged.

                                                                      Article 6

 This Act enters into force the day after its publication in the Official Gazette of the Republic of Slovenia.

The Act on Amendments and Supplements to the General Act on the Method of Implementing Child Advocacy, Organisation of Advocacy, Including Children in Advocacy, and the Tasks, Composition, and Method of Work of the Expert Council (Official Gazette of the Republic of Slovenia, No. 107/24) contains the following preliminary and final provision:

 

»                                                                     Article 7

 

Other provisions of the General Act remain unchanged.

                                                                     Article 8

This Act enters into force the day after it is published in the Official Gazette of the Republic of Slovenia, and its application begins on 1 January 2025.

______________________________

 

Number: 0101-24/2021-5-1006
Date: 20/12/2024

                                                                                                 Peter Svetina

                                                                                    Human Rights Ombudsman