The EU Charter of Fundamental Rights and the Convention on the Rights of Persons with Disabilities
The horizontal principles set out in Article 9 of Regulation (EU) 2021/1060, which the Member States are obliged to observe in the implementation of EU funds, include the following:
- the respect for fundamental rights and compliance with the EU Charter of Fundamental Rights (europa.eu) and
- paying due regard to accessibility for persons with disabilities.
In order to ensure the preliminary conditions required for the successful and efficient use of the EU support granted from the Funds, paragraph one of Article 15 of Regulation (EU) 2021/1060 refers, among other things, to its Annex III, which sets out the horizontal enabling conditions applicable to all specific objectives and the criteria for evaluating their achievement.
In the following, we focus on the conditions of "actual application and implementation of the Charter of Fundamental Rights" and the "implementation and application of the United Nations Convention on the Rights of Persons with Disabilities in accordance with Council Decision 2010/48/EC".
The Ministry of Labour, Family, Social Affairs and Equal Opportunities (hereinafter: MDDSZ) has defined the fulfilment of the aforementioned conditions and criteria for both enabling conditions in detail in the System Description (link), and on this side we enable the fulfilment of the criteria, which provides for the arrangement of reporting on possible complaints regarding the Charter and the Convention submitted in accordance with the arrangements based on Article 69(7) of Regulation (EU) 2021/1060.
Possibility of complaint
The purpose of implementing the European Cohesion Policy, including the ESF+ special measure for the elimination of material deprivation, is to ensure the compatibility of support with human rights and fundamental freedoms, as defined in the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of Persons with Disabilities.
To this end, the procedures relating to the use of funds under the ESF+ Programme for the Elimination of Material Deprivation in the Republic of Slovenia for the Period 2021–2027 (hereinafter: the Programme) provide for the possibility of complaint to the management authority on the grounds of violation of fundamental rights or freedoms pursuant to Council Decision 2010/48/ECArticle 69(7) of Regulation (EU) 2021/1060. The management authority responsible for the Programme is the MMDSZ.
Who has the right to lodge a complaint?
Anyone who participates in the implementation of the Programme in Slovenia and believes that these fundamental rights or freedoms have been violated has the right to lodge a complaint. Potential and selected beneficiaries or final recipients and others who benefit from the implementation of the Programme or operations within its framework can lodge a complaint with the management authority of the Programme working at the MDDSZ.
How will the complaint be handled?
The management authority will examine the complaint and deal with it in accordance with its powers. If the alleged violation falls within the management authority’s jurisdiction, it will verify the facts and evidence of the violation on the spot or review the relevant documents and propose appropriate corrective measures.
If the alleged violation does not fall within the management authority’s jurisdiction, it will consult with other ministries and institutions dealing with the protection of human rights and the rights of persons with disabilities in Slovenia.
The management authority may refer the complainant to another appropriate institution or may, in agreement with the complainant, forward the complaint to other competent institutions.
How to lodge a complaint
The form below is available for reporting alleged violations. It is intended to assist complainants and facilitate their lodging of complaints. When lodging a complaint, it is necessary to describe the violation as precisely as possible and attach any relevant documents and other evidence of the violation. The complaint should include the name of the Programme, the alleged violator, the complainant’s contact information and a description of the violation. If the form cannot be completed online, the paper form must be completed and sent to the management authority via email.
The management authority responsible for the Programme
The Ministry of Labour, Family, Social Affairs and Equal Opportunities
Štukljeva cesta 44, 1000 Ljubljana
Tel.: +386 (0)1 369 77 00
Email: gp.mddsz@gov.si
All complaints will be treated confidentially, respecting the protection of personal data. The management authority will take note of anonymous reports but will only take action if it has sufficient information to enable consideration.
Please feel free to call us should you require any assistance in lodging a complaint or wish to consult thereon.
Are there any other means of redress?
The possibility of lodging a complaint with the management authority does not exclude the possibility of using other regular legal remedies available in Slovenia, nor does it exclude the general possibility of complaints being addressed to the European Commission.
In Slovenia, the protection of rights (e.g. in cases of discrimination or violations of accessibility rules) is ensured in administrative procedures (such as individual inspections and complaints against administrative acts) and in judicial proceedings. Usually, only those whose rights have been violated or whose legal position is directly interfered with are entitled to file claims for judicial protection. Even when the aforementioned means are used, the management authority recommends that the complainant should be apprised of the procedures for using such legal remedies. This is useful for providing a comprehensive overview of the implementation of the European Cohesion Policy and preventing violations.
Reporting at annual review meetings
The management authority has the obligation to report at annual review meetings with the European Commission on any inconsistencies of operations supported by the Programme with the EU Charter of Fundamental Rights and the Convention on the Rights of Persons with Disabilities, in accordance with Council Decision 2010/48/EC, and on complaints lodged in accordance with the procedure set out in Article 69(7) of Regulation (EU) 2021/1060. The report does not include personal data, but only covers the nature of the violations and the corrective measures taken. The management authority may report only on the complaints of which it is aware.
Contact details of the management authority and other institutions in the area of the protection of human rights and persons with disabilities in Slovenia
Ministry of Labour, Family, Social Affairs and Equal Opportunities
Štukljeva cesta 44, 1000 Ljubljana
Tel.: +386 (0)1 369 77 00
Email: gp.mddsz@gov.si
Ministry of Labour, Family, Social Affairs and Equal Opportunities – Directorate for the Disabled
Štukljeva cesta 44, 1000 Ljubljana
Tel.: +386 (0)1 369 75 38
Email: gp.mddsz@gov.si
Ministry of Justice
Župančičeva ulica 3, 1000 Ljubljana
Tel.: +386 (0)1 369 53 42
Email: gp.mp@gov.si
Ministry of Foreign and European Affairs
Directorate for Multilateral Cooperation
Human Rights Department
Prešernova cesta 25, 1000 Ljubljana
Tel.: +386 (0)1 478 20 37
Email: gp.mzez@gov.si
Ministry of Culture
Cultural Diversity and Human Rights Service
Maistrova ulica 10
1000 Ljubljana, Slovenia
Tel.: +386 (0)1 369 59 00
Email: gp.mk@gov.si
Human Rights Ombudsman of the Republic of Slovenia
Dunajska 56, 1000 Ljubljana
Tel.: +386 (0)1 475 00 50
Email: info@varuh-rs.si
Reports tohttps://www.varuh-rs.si/kaj-delamo/iscete-pomoc/kdaj-se-obrniti-na-varuha/
Advocate of the Principle of Equality
Železna cesta 16, 1000 Ljubljana
Tel.: +386 (0)5 4735 531
Email: gp@zagovornik-rs.si
Reports tohttps://zagovornik.si/o-diskriminaciji/predlog-za-obravnavo-diskriminacije/
Information Commissioner
Dunajska cesta 22, 1000 Ljubljana
Tel.: +386 (0)1 230 97 30
Email: gp.ip@ip-rs.si
Reports tohttps://www.ip-rs.si/varstvo-osebnih-podatkov/pravice-posameznika/vlo%C5%BEitev-prijave
Violations may also be reported to the competent inspectorates. Some of these are more frequently referred to below, but they are all listed on https://e-uprava.gov.si/podrocja/drzava-druzba/inspekcijski-postopki.html.
Reporting of violations to the Labour Inspectorate of the Republic of Slovenia (e.g. of violations of rights concerning employment and labour and violations of the prohibition of discrimination).
Reporting of violations to the Infrastructure Inspectorate (for violations of the provisions of Article 16 of the Equalisation of Opportunities for Persons with Disabilities Act regarding the accessibility of public bus transport).
Reporting of violations to the Port State Control (for violations of the provisions of Article 16 of the Equalisation of Opportunities for Persons with Disabilities Act regarding the accessibility of transport by ship).
The Constitutional Court and/or other courts
It is recommended that you seek advice or assistance from a lawyer or other legal counsel before filing requests for judicial protection.
Non-governmental organisations are also involved in the protection of human rights.