The Advocate of the Principle of Equality

Overview:

The Advocate of the Principle of Equality is an independent and autonomous state institution, which provides assistance and support to persons subjected to discrimination when enforcing their rights regarding protection against discrimination in the form of counselling and legal assistance in administrative and judicial proceedings related to discrimination. The Advocate is also mandated to conduct a supervisory inspection and has the power to submit a request for a review of constitutionality or legality of a regulation or general legal act issued to execute public authorisations. The tasks of the Advocate of the Principle of Equality are also raising awareness among the general public about discrimination and measures for its prevention, and monitoring the general situation on the national level in the field of protection against discrimination. The Advocate of the Principle of Equality conducts independent research on the position of people with certain personal grounds, publishes independent reports and makes recommendations to state authorities, local communities, holders of public authorisations, employers, business entities and other bodies regarding the established situation of people in certain personal circumstances, i.e. relating to preventing or eliminating discrimination and adopting special and other measures to eliminate discrimination. Annual reports:

Brief history

The Advocate of the Principle of Equality was established as an independent and autonomous national equality body in 2016 with the Protection against Discrimination Act (PADA).

Prior to the establishment of the Advocate, the protection against discrimination in Slovenia was ensured on the basis of the Implementation of the Principle of Equal Treatment Act (IPETA), but the regulation did not meet the requirements of the European equality directives.

The legal basis for the establishment of the Advocate is the Protection against Discrimination Act (PADA), which has been in force since 24 May 2016 and sets out in detail the powers and tasks of the body. The Head of the Institution, the Advocate of the Principle of Equality, is elected by the National Assembly based on a proposal by the President of the Republic of Slovenia; the term of office of the Head is five years. On 26 October 2016, Miha Lobnik became the first Head of the independent state body.

 

Mandate Type

Combined tribunal-type and promotion-type

Litigation power:

  • Representing in front of courts
  • Bringing proceedings in own name
  • Intervening before the court
  • Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) legally binding
  • Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) Not legally binding
  • The Advocate has a mix of quasy judicial and promotional duties, i.e. can support vicims in legal proceedings with remedies (counseling), or can provide guidance to prevent and dismantle discrimination.

Activities

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Activities aimed at supporting vulnerable groups ( e.g. through trainings )
Activities aimed at supporting duty bearers such as employers and service providers (e.g. through trainings, guidance material, practical support, etc.)
Communication activities (e.g. awareness raising campaigns)
Recommendations on discrimination issues
Publications and reports
Research projects (including surveys)

Our institution has a mandate to deal with:

  • Violence against women
  • UN Convention on the Rights of Persons with Disabilities (CRPD)
  • Hate crime
  • Hate speech
  • not specific mandate, but when it overlaps with discrimination, the Advocate can deal with these, and has also a general duty to report crimes. Some of the issues are also dealt with by promotional activities.

Other statistics:

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Number of inquiries handled per year (all contact even if not resulting in a formal complaint)669475655182103200287
Number of cases handled per year (case files opened and processed according to your procedures)83150
Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media515556390

Management

  • Single headed equality body (led by director or ombudsman/commissioner)

Management details

The head of the independent state body is Miha Lobnik. The Advocate employs 20 members of staff.

Number of staff dealing with equality issues

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1111

Grounds and fields of discrimination covered by the equality body

Grounds / Fields Employment Education Housing Social Protection & Healthcare Goods and Services Other
Gender
Gender Identity
Race and Ethnic Origin
Age
Disability
Sexual Orientation
Religion & Belief
Other grounds:

Gender Expression, Social Status, Property Status, Other

Mandate covers:

  • Public sector
  • Private sector

Operating budget in euros

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
1079667

We are accountable to

  • National Parliament