On Tuesday, 27 November 2012, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) filed a request on the basis of Article 23a of the Constitutional Court Act to the Constitutional Court of the RS for a constitutional review of the second and third paragraphs of Article 74 of the Mental Health Act.  

The Ombudsman is convinced that the provisions regarding the admission of a person declared legally incompetent to a closed ward of a social welfare institute by consent of his/her statutory representative (and the revocation of such consent) constitute a violation of the third and fourth paragraphs of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and a violation of Articles 14, 19, 22 and 23 of the Constitution of the Republic of Slovenia. In the Ombudsman’s opinion, the aforementioned provisions unacceptably encroach on human rights and fundamental freedoms, because it fails to ensure judicial protection for an incompetent person regarding his/her accommodation in a closed ward of a social welfare institute.

The full text of the request for a constitutional review may be found here.