Thirty years ago today, soon after the independence and creation of the Republic of Slovenia, the National Assembly adopted the Human Rights Ombudsman Act. Therefore, on 20 December 1993, the act was adopted which together with Article 159 of the constitution presents the fundamental legal framework for the operation of the institution of the Human Rights Ombudsman in Slovenia (Ombudsman).

The Ombudsman is a sign of a developed democratic society which limits the autocracy of the authorities. The fundamental mission of the institution of the Ombudsman is to watch over the fact that various bodies in Slovenia respect human rights and fundamental freedoms of individuals and groups in their work. It investigates illegal and incorrect work of state bodies, local self-government bodies, and bearers of public authority.

“In the 30 years of its operation, the institution of the Ombudsman has developed into a strong independent institution, which with its tasks and competences presents additional protection of the rights of individuals. In addition to considering complaints, it also performs tasks and jurisdictions of the National Preventive Mechanism, the national human rights institution, and activities in the field of children’s rights,” explains Peter Svetina, who is the fifth Human Rights Ombudsman in the Republic of Slovenia.

The Human Rights Ombudsman Act is one of those laws that have seen few changes in independent Slovenia. Just as society changes and evolves, so must the national and other institutions, all with the goal of effective response to contemporary challenges and needs of people. International efforts are headed in the direction of strengthening the position of ombudsman institutions, national human rights institutions, and other similar independent bodies, including with the help of adopted international standards for their operation. Almost three years ago, after the amendments to the Human Rights Ombudsman Act in 2017, the institution of the Ombudsman received Status A according to the Paris Principles for the first time in history, which enables its active participation in the work of various United Nations mechanisms for monitoring the situation of human rights in Slovenia.

“However, 30 years after the adoption of the law, it is time for it to change and for the provisions of the law to finally be synchronised with the Venice Principles from 2019, which define contemporary standards for the operation of human rights ombudsman institutions. It is high time that the Ombudsman in Slovenia be assigned greater jurisdiction regarding the monitoring of the situation of various vulnerable groups. Hence, we are striving for amendments to the law which will enable a more efficient operation of the institution in ensuring children’s rights, the rights of people with disabilities, and victims of human trafficking. Unfortunately, in this time, when we are constantly sliding from one crisis into another, human rights are often tested. Under the cloak of various crises, every authority tries to limit them, therefore the role and task of the Ombudsman is all the more important. The respect of human rights can never be the subject of the internal and, even less, daily politics of the state, but represents the international care and a common achievement of humanity. We expect the government to consider our recommendations and proposals and forward the harmonised proposed new amendments to the Human Rights Ombudsman Act to the National Assembly for further consideration. If the act proposal is not harmonised with us and does not consider international standards, we will be forced to turn to the Venice Commission. The Commission also collaborates with the European Human Rights Ombudsmen in connection with the legislation pertaining to their mandate. Until today, the Venice Commission has adopted opinions on the legal frameworks of operation of human rights ombudsmen in numerous countries, in which they recommended that these ombudsmen be awarded greater jurisdictions, clear constitutional and legal bases, and solid guarantees for their independent, effective, and unbiassed operation. Here, I would like to add that lately in Slovenia we have frequently been witnessing act amendments and also acts pertaining to our mandate and that were not harmonised with us. This is unacceptable for us and thus we expect that such practice of adopting legislation, where regulations are prepared without the institutions and groups to which they pertain, ends,” emphasises Ombudsman Svetina.

He added that upon the 30th anniversary of the adoption of the Human Rights Ombudsman Act and the Principles Relating to the Status of National Human Rights Institutions (so-called Paris Principles) the Ombudsman issued a publication of international standards of operation of the Human Rights Ombudsman of the Republic of Slovenia. Its purpose is to bring the understanding of the significance of informal mechanisms of protecting human rights closer to the Slovenian decision-makers and the public, the operation of which has long not been simply a matter of goodwill of an individual country but is becoming or has been an expected international standard.