"Caring for the rights of persons with disabilities is one of the central themes of my mandate. We have managed to do many things, realise many rights, and many challenges await the institution of the Human Rights Ombudsman in the coming years as well," said Human Rights Ombudsman Peter on the occasion of the International Day of Persons with Disabilities and the imminent commemoration of the 30th anniversary of the institution of the Ombudsman in the field of care for the rights of persons with disabilities.

Over the years, the institution of the Ombudsman has considered many complaints related to the rights of persons with disabilities, the Ombudsman points out. "Recently, we were critical of the unannounced visit of an expert doctor to the home of a person with disabilities and considered it a violation of the principle of good management. We have dealt with many cases of lengthy decision-making on rights to disability benefits and found violations of the right to social security," he adds. The Ombudsman also intervened in a case where, due to the insufficient capacity of expert centres for children and adolescents, it was not possible to place a child from a harmful environment.

The Human Rights Ombudsman Peter Svetina has been emphasising the importance of deinstitutionalisation and the right to live independently, as stipulated by the UN Convention on the Rights of Persons with Disabilities (CRPD). He points out the overcrowding of secured wards and inadequate conditions in social welfare institutions, which leads to violations of residents' rights. In this regard, the Ombudsman specifically called for strengthening the development of community care, so that institutional care would truly be the last resort.

In response to media reports about the violent behaviour of the staff of the Psychiatric Clinic of the University of Ljubljana towards the residents, the Ombudsman issued more than 50 recommendations to the clinic, in which he addressed irregularities in patient care, staff behaviour, and system deficiencies. These recommendations also emphasised the need for thorough monitoring of implemented measures in co-operation with the relevant authorities to ensure accountability and compliance.

When, in accordance with the Accessibility of Websites and Mobile Applications Act (ZDSMA), the deadline for adapting the websites of state bodies, self-governing local communities, and public law entities, in such a way that they are also accessible to users with various forms of disabilities, expired on 23 September 2020, the Ombudsman addressed an inquiry to the Ministry of Public Administration about how many and which taxpayers meet the legal requirements regarding the accessibility of websites. The Ombudsman’s website was also adapted. He praised the efforts of RTV Slovenia to improve the accessibility of content for people with sensory disabilities, and at the same time supported the initiative of disabled organisations, with which they sought to have RTV Slovenia also broadcast the 2024 Paralympic Games in Paris.

Aware of the importance of infrastructure accessibility in the building in which he works, he had the entrance, lifts, and toilets adapted for all visitors, especially those with various disabilities, also due to age, and arranged adaptations for people with sensory disabilities, such as appropriate markings and communication options. He also encouraged other authorities to do the same. He drew the authorities' attention to the accessibility of the infrastructure in the Special Report on the accessibility of Centres for Social Work for Persons with Physical and Sensory disabilities. He concluded that the situation is not optimal, in some cases even critical, and again warned that the legislation must be respected and the rights of persons with disabilities realised. He also reminded the government and ministries that "inaccessibility of facilities does not only mean that a person cannot enter or move around the facilities, but also that he or she is prevented from being employed in certain institutions or from running for office in public services and bodies."

He supported the initiative for the entry of Slovenian sign language into the Constitution of the Republic of Slovenia, which was implemented in May 2021. He took action in the case where the existence of the work and care centres (VDCs), which were informed about the reduction of funding for 2024 by more than 80 per cent, was under threat. He warned that such behaviour would be a violation of the Constitution, the Convention on the Rights of Persons with Disabilities and the Slovenian legislative framework, the mission of which is carried out by VDCs. He secured the possibility that parents of children with special needs can finally be with their sick children in hospitals, regardless of their age.

He also dealt with the issue of realising the right to an appropriate programme and support for children with special needs at the level of the primary school programme and drew attention to the illogical and uneconomical process of asserting the right to an allowance for care and care for persons with Down syndrome. During the pandemic, following the intervention of the Ombudsman, the government set an exception to the obligation to wear masks for direct communication with deaf and hard of hearing people, and the decree also implemented his proposal that the NIJZ should consider setting additional exceptions for people who cannot wear masks. During this time, he also demanded that social welfare institutions be open, which the government took into account.

He strove for education and awareness about the rights of persons with disabilities, and organised consultations and seminars, such as a consultation on how to be an advocate for a child with special needs and a webinar on the impact of artificial intelligence on the rights of persons with disabilities.

The Ombudsman has repeatedly called on the competent authorities to establish an independent body to promote, protect, and monitor the implementation of the Convention on the Rights of Persons with Disabilities, in accordance with international standards.

Regardless of the fact that such a body has not yet been established, the Ombudsman monitors the implementation of the Convention. Thus, among other things, he delivered his observations regarding the implementation of the Convention on the Rights of Persons with Disabilities in Slovenia to the United Nations Committee on the Rights of Persons with Disabilities. In an alternative report, he drew attention to the perceived deficiencies in the protection of the rights of persons with disabilities. He also prepared a contribution for the fourth cycle of the Universal Periodic Review (UPR), which takes place within the framework of the United Nations Human Rights Council. In his contribution, he drew attention to the difficulties in realising the rights of persons with disabilities, especially regarding the accessibility of public institutions and the lack of good deinstitutionalisation practices. He highlighted lengthy decision-making processes, and recommended unifying legislation, reforming the disability assessment system, and improving community care. He also pointed out the overcrowding of institutions and violations of the rights of residents in social care institutions.

Among other things, at the Conference of States Parties to the UN Convention on the Rights of Persons with Disabilities, Ombudsman Svetina discussed the advantages, challenges and risks of artificial intelligence for respecting the rights of persons with disabilities. He also made the statement on behalf of the Working Group on the Rights of Persons with Disabilities of the European Network of National Human Rights Institutions (ENNHRI), which brings together 39 European National Human Rights Institutions. Since June 2023, the working group is chaired by Jerneja Turin, an expert at the Ombudsman. The group acts as a hub of disability rights experts and a platform for sharing knowledge and best practices and addressing challenges faced by NHRIs. It also co-ordinates co-operation with regional actors of the EU and the Council of Europe.

He prepared for the European Committee for Social Rights the so-called alternative report regarding the consideration of the 19th National Report on the Implementation of the European Social Charter. In it, he pointed to major delays in the implementation of legal requirements regarding the accessibility of the physical environment, transport, information, and communications for persons with disabilities, as well as shortcomings in the provision of adequate, accessible, and acceptable services for persons with disabilities in need of assistance (including the lack of deinstitutionalisation policies).

During his mandate, Ombudsman Svetina participated and met regularly with many disability organisations. The meetings were aimed at exchanging information and finding solutions to improve the position of persons with disabilities in society.

He published his numerous measures in this area every three months from June 2020 on his website.

The Ombudsman also became an Easy Read ambassador and was among the first to use information in easy-to-read format to enable people with intellectual and other disabilities to familiarise themselves with the work of the institution in an understandable way. The Ombudsman expects all state authorities, local community authorities, and holders of public authority to adapt their communication to persons with disabilities in their work, as these persons are often discriminated against and disadvantaged in accessing information and are therefore repeatedly discriminated against. Anyone who needs information in an easy-to-read format can find it at Ombudsman's Corners in more than 100 municipalities.

After the right to use Slovene sign language entered the Constitution, Ombudsman Svetina presented the annual reports of the Ombudsman for 2022 and 2023 to the deputies in the National Assembly with interpretation into Slovene sign language. He also recorded all the prefaces of the annual reports that he prepared during his term in such a way that they are accessible to blind and partially sighted people.

"The state and society must ensure that disability, age, or other circumstances do not deprive anyone of their dignity, opportunity and equality – caring for the most vulnerable is a mirror of our humanity and solidarity," emphasises Ombudsman Peter Svetina on the occasion of the International Day of Persons with Disabilities.