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Slovenian Office for Equal Opportunities / Advocate of the Principle of Equal Treatment

Date established:

February 2001 (OEO) / January 2005 (the Advocate)

Mode of establishment:

OEO: Decision of the government (internal organizational act) / the Advocate: nomination of the government based of the Act on Implementing the Principle of Equal Treatment (primary legislation)

Status:

Governmental body / public servant

Mandate/ objectives:

The Office for Equal Opportunities (OEO) is an equality expert body of the Government of Republic of Slovenia. It has policy making duties in the area of gender mainstreaming and coordination of antidiscrimination policies. The key statutory duties and powers of the OEO are listed in the Act on Equal Opportunities of Women and Men and the Act on Implementing the Principle of Equal Treatment (the Act). Duties concerning gender mainstreaming are specified in the governmental decision on establishing the OEO and the National Programme for Equal Opportunities for Women and Men.

The Advocate of the Principle of Equality (the Advocate) is an equality body for prevention and elimination of discrimination, established under the Act. The Advocate is a special post within the OEO (not a legal entity). His main task is predominately, but not exclusively, to offer assistance to the victims of discrimination.

The prohibition of discrimination in Slovenia is extensive. Everybody is protected, natural and legal persons (when particular grounds may be applicable) alike. Open ground formula is applied. Furthermore, the protection also extends far beyond the domain of the exercise of the public powers, the workplace and goods and services area. The areas covered include among others: employment, work and labour relations; participation in workers' and employers' organisations and other associations; social protection, including social security and health care; social benefits; education; access to and provision of goods and services which are available to the public; housing.

Grounds of discrimination covered:

Open ground formula (no ground is excluded).

Competencies and responsibilities:

Main Areas of Activity of the OEO:

Coordination of the formulation of policies and the drafting of regulations in the area of prevention and elimination of discrimination, mainly in the transfer of EU regulations related to the implementation of the principle of equal treatment, irrespective of a person’s race or ethnic origin, and on the general framework of equal treatment in relation to employment;
Monitoring the position of women and the realisation of their rights, guaranteed by the Constitution, national legislation and international conventions; Drawing up analyses, reports and other material in the area of equal opportunities;
Examination of regulations, acts and measures in view of equal opportunities for women and men; drafting opinions and proposals related to the material adopted by the Government and ministries; Participation in the drafting of regulations, other acts and measures, prepared by ministries;
Offering initiatives and proposals to the Government and ministries for measures related to equal opportunities and to the prevention and abolition of discrimination;
Coordination of activities aimed at the implementation of gender mainstreaming, including the provision of expert assistance in the development of suitable methods; Coordination of the drawing up of a national programme for equal opportunities for women and men and monitoring its implementation;
Promoting equal opportunities by supplying information and raising awareness;
Dealing with initiatives put forward by non-governmental organisations active in the area of equal opportunities;
Representing the Government in international and regional organisations involved in the provision of equal opportunities for women and men.

Main competencies of The Advocate:

Complaints handling:

Assistance to victims of discrimination is principally done by hearing cases of alleged discrimination (a non formal quasi-judicial function). This additional “remedy” is available vis a vis all private and public persons or bodies. The proceeding before the Advocate do not affect any of other legal remedies that might be instituted at the same time (or afterwards), nor can the prior use of any of them be seen as a prerequisite (nor an obstacle) to start the proceeding before the Advocate. Each case is investigated to clarify the facts and to present legal analysis of the situation from the standpoint of anti-discrimination law (especially the Act). Shared burden of proof applies. As a rule, the proceedings are concluded by a written opinion in which the Advocate states his findings, draws attention to any irregularities established and recommends how they should be resolved. A time limit may be set for the infringer to notify the Advocate on the measures introduced with a view to eliminating the established irregularities. Even though the hearing of a case is informal and the Advocate’s opinion has no direct legal consequences, in the event that the defendant does not collaborate (i.e. produce information), does not eliminate the irregularities established or does not notify the Advocate on the measures introduced, the Advocate may submit the case to the relevant inspection authority. The latter can than start the administrative proceedings to eliminate the violation which can end in the administrative offence proceeding where a fine is imposed. The work of the Advocate is public, but a confidentiality and data protection rules are strictly applied.

The Advocate also assists the victims in seeking access to remedies, i.e. with information and advice, i.e. on legislation, on other available remedies, and by legal counselling in legal proceedings before other authorities.

Guidance:

Anyone can request the Advocate’s advice, assistance and guidance on one’s responsibilities to prevent discrimination (i.e. at workplace) and to implement equal treatment requirements more effectively.

Awareness raising:

The Advocate is required to provide general information on the issue of discrimination & equality.

Main activities:

OEO (see above)

The Advocate:

Handling complaints and providing guidance.

Annual report with recommendations; special thematic reports with recommendations; ad hoc monitoring and evaluating the effectiveness of existing legal remedies; commenting drafts of legislation and opening systemic issues, i.e. deficiencies in legislation.

Promotion, awareness raising (see below)

The Advocate is a member of the Council for the Implementation of the Principle of Equal Treatment (expert and consultative body of the Government). Occasionally he is a member of ad hoc expert groups of the government, i.e. when drafting non-discrimination legislation.

On ad hoc basis the Advocate is involved in some activities of the OEO, i.e. EU projects, promotion, trainings.

Activities related to the promotion of equality:

Conducted by OEO:

EU funded projects (campaigns, research, trainings...)
Publications of OEO or co-financed by OEO can be found here
Trainings for prevention of mobbing and harassment.
Grants for NGO gender equality promotion projects.

Conducted by Advocate:

Guidance on request. It is always offered also to defendants when hearing cases.
Trainings and workshops, networking and proactive cooperation with various stakeholders (especially media); Advocate has occasional press conferences and occasionally submits his opinions on pressing issues to the media;
Accessibility issues.

A website www.zagovornik.net in 10 languages (Slovenian, Bosnian, Serbian, Albanian, French, German, English, Roma, Italian and Hungarian) provides extensive information on discrimination, legal remedies, the work of the Advocate, provides possibility of submitting online applications to the Advocate and serves as one of the key communication tools of the Advocate. Key information is also available in Slovenian, Italian and Hungarian on the central governmental web portal www.e-uprava.si.
Publications: a leaflet with the form to ease the petitioners to file a case to the Advocate in 11 languages (Slovenian, Croatian, Bosnian, Serbian, Albanian, French, German, English, Roma, Italian and Hungarian). It is made available also in Braille. Other promotion materials were made available, which also serve as teaching materials. Available at social work centers, health centers and hospitals, administrative units, employment offices, NGOs and associations active in the field of non-discrimination, Hungarian and Italian, Roma and other communities. Distributed in various public events. An easy reading version of key information on the Advocate is currently being prepared.

Number of complaints submitted per year:

66 (2010), 73 (until 31 September 2011)

Management:

OEO is headed by a director and has 8 posts (including the director and the Advocate). Additionally, one person is employed on the ad hoc basis to the work on the EU funded projects. The director is nominated by the government upon a special public tender for a fixed period of 5 years. The OEO and its director are hierarchically responsible for its work to the Secretary General of the Government.

The Advocate is nominated by the Government for a fixed period of 5 years on the proposal of the director of the OEO which is based on a public tender procedure. All duties of the Advocate are performed entirely by one person, The Advocate is a post with special duties within the OEO (a member of staff). In performing its functions of assisting victims the Advocate shall be autonomous and independent. Article 11.b of the Act on Implementing the Principle of Equal Treatment stipulates: “During consideration of cases of alleged violations of the ban on discrimination based on this Act, the Advocate shall perform his or her professional and organisational tasks autonomously, impartially and independently from instructions of the director of the OEO. In relation to the Advocate the Director of OEO shall exercise the rights and obligations of an employer regarding the rights and obligations arising from the employment relationship, which are not regulated in a different manner by this Act, in accordance with the provisions of the Act that regulates the system of public servants and implementing rules, issued on its basis.” There is no organisational independence of the Advocate whatsoever.

Number of staff:

8 / 1

Budget:

626.904 euros (2011) / salary

No special budget for promotion.

Budget Management and Financial Independence

OEO has its own budget.

No allocation of any specific funds for the Advocate. No budgetary independence.

Accountability

The OEO is hierarchically responsible for its work to the Secretary General of the Government.

Advocate is obliged to submit his annual report to adoption of the government.

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