Varuh ДЌlovekovih pravic

A more than nine-month delay in the MDDSZ responding to the application of a disability organisation

Starejšo gospo v vozičku poriva mlajša gospa v plašču

According to the Human Rights Ombudsman of the Republic of Slovenia, the response to an application which has taken more than nine months is not consistent with the principle of good management from Article 3 of the Ombudsman Act. However, after the Ombudsman's intervention, the Ministry of Labour, Family, Social Affairs and Equal Opportunities responded and provided the requested explanations.

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The representative disability organisation, which represents, protects and enforces the rights and interests of paraplegics and tetraplegics, asked the Ministry of Labour, Family, Social Affairs and Equal Opportunities (MDDSZ) in September 2023 and then in December of the same year and in May 2024 for an explanation regarding the interpretation of Article 12 of the Act on the enforcement of rights from public funds. No response was received.

Following the submitted complaint and the intervention of the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman), the MDDSZ prepared and sent a response. In its response to the Ombudsman, the MDDSZ explained that due to the large volume of tasks in the field of rights from public funds, the timely execution of all tasks represents a major challenge. As a matter of priority, the MDDSZ tries to resolve complaints related to the enforcement of rights from public funds intended for materially endangered individuals (rights to cash social assistance and welfare allowance) within the statutory deadline. Tasks in the area of ​​rights from public funds also include the preparation of draft laws, review of legislation in interdepartmental coordination, preparation of answers to parliamentary or journalistic questions, substantive preparation of upgrades to the information system of centres for social work, preparation of ministry responses in social dispute procedures, and the like. Unforeseen events also interfere with the operation of the ministry, for example, from August 2023 onwards, many activities were related to floods and in this regard also to the preparation of intervention legislation, and at the end of last year, many activities were also related to the amendment of the Health Care and Health Insurance Act and the act on intervention measures in the field of health, work and social care and health-related content, whereby voluntary supplementary health insurance was abolished on 31 December 2023, and a mandatory health contribution was introduced on 1 January 2024, which had a major impact also on social legislation and related rights. In connection with the mentioned activities, it was also necessary to upgrade the information system of centres for social work, to prepare explanations in this regard, etc. Despite the large volume of many tasks, the ministry is aware of the importance of each task and always strives to carry it out professionally and to respond to customers in the shortest possible time.

The Ombudsman does understand the burdens on the MDDSZ, but believes that this does not justify a delay of more than nine months in responding. He is convinced that with better organisation it would still be possible to deal with such applications in a timely manner, especially if the interests of a vulnerable group are involved. 9.6-15/2024

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