{"id":24011,"date":"2023-12-27T11:04:28","date_gmt":"2023-12-27T11:04:28","guid":{"rendered":"https:\/\/zagovornik.si\/?page_id=24011"},"modified":"2023-12-29T13:40:24","modified_gmt":"2023-12-29T13:40:24","slug":"competences-and-tasks","status":"publish","type":"page","link":"https:\/\/zagovornik.si\/en\/competences-and-tasks\/","title":{"rendered":"COMPETENCES AND TASKS"},"content":{"rendered":"\t\t
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COMPETENCES AND TASKS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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The\u00a0competences and tasks of the Advocate of the Principle of Equality are\u00a0stipulated by the Protection against Discrimination Act.<\/span><\/p>

The\u00a0Advocate is responsible for protection against discrimination in the public and\u00a0private sectors, and in certain cases also ensures protection against\u00a0discrimination of legal entities.<\/span><\/p>

The\u00a0Advocate provides information, advice and advocacy to anyone who believes to\u00a0have been discriminated against.<\/span><\/p>

In\u00a0order for the Advocate to be competent for a particular case, the unequal\u00a0treatment must have occurred due to the gender, nationality, race or ethnic\u00a0origin, age, disability, sexual orientation, parenthood, pregnancy and any\u00a0other personal grounds of the person subject to unequal treatment. Only in\u00a0these cases discrimination, as defined by the Protection against Discrimination\u00a0Act based on which the Advocate operates, can be considered.\u00a0<\/span><\/p>

The\u00a0<\/span>Advocate accepts complaints of alleged victims of discrimination and\u00a0<\/span>investigates discrimination in official procedures. At the same time, the\u00a0<\/span>equality body provides independent assistance in exercising the rights of\u00a0<\/span>victims in administrative and judicial proceedings related to discrimination,\u00a0<\/span>participates in judicial proceedings linked to discrimination by representing\u00a0<\/span>or accompanying a discriminated person in judicial proceedings. The Advocate\u00a0<\/span>also assesses the discriminativeness of regulations and may also lodge an\u00a0<\/span>appeal for an assessment of the constitutionality and legality of regulations\u00a0<\/span>and general legal instruments.<\/span><\/p>

The\u00a0Advocate’s extremely comprehensive task is to monitor the state of\u00a0discrimination in the country. For this purpose, the equality body conducts\u00a0independent studies, research, analyses and exchanges knowledge with domestic\u00a0and European equality bodies.<\/span><\/p>

Based\u00a0on the above, the Advocate also addresses recommendations for the elimination\u00a0of discrimination and recommendations for the prevention of discrimination at\u00a0competent authorities. Recommendations for the elimination of discrimination\u00a0are given based on the established discriminativeness of regulations or a\u00a0particular conduct, which is assessed in the discrimination investigation
procedure. Recommendations are made to prevent discrimination when adopting or\u00a0amending legislation and to promote equal treatment.<\/span><\/p>

The\u00a0Advocate also informs and raises awareness about discrimination in general. It\u00a0is done by publishing independent reports and other information on the website,\u00a0social networks, printing leaflets, field visits, fair events, and by appearing\u00a0in the media.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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SUPPORT, ASSISTANCE AND ADVISORY<\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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The Advocate provides independent assistance to victims of discrimination, in the form of support in filing complaints; information on discrimination and judicial protection against discrimination; advice and legal assistance in the exercise of individual rights related to protection against discrimination in proceedings pertaining to discrimination (e.g. which legal paths are available and how to use them before other state authorities).<\/p>

In specific cases, the Advocate of the Principle of Equality may also represent the discriminated person or accompany them in court proceedings, if the discriminated person gives their authorization or consent to it. The Advocate of the Principle of Equality decides on whether to participate in court proceedings in a particular case, specifically with regard to: strategic priorities, the nature of the case, its own personnel and financial capabilities and findings in the specific case of discrimination. The Advocate assesses the principle of equality on a case-by-case basis.<\/p><\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>

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ACCEPTING COMPLAINTS<\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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Article 1 of the Protection against Discrimination Act stipulates the purpose of the Act \u2013 that is, the protection of every individual against discrimination regardless of their gender, nationality, race or ethnic origin, language, religion or belief, disability, age, sexual orientation, gender identity and gender expression, social status, property status, education or any other personal ground. In addition to the above, personal grounds which can be the basis for discrimination include pregnancy, parenthood, health status, skin colour and the like.<\/p>

The Act provides protection against discrimination based on various personal grounds in various areas of social life, in the exercise of human rights and fundamental freedoms as well as in the exercise of rights and obligations and in other legal relations in the political, economic, social, cultural, civil or other spheres.<\/p>

Anyone who believes that they have been subject to discrimination may submit a complaint with the Advocate of the Principle of Equality.<\/p><\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>

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IDENTIFICATION AND ELIMINATION OF DISCRIMINATION<\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t
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In accordance with the Protection against Discrimination Act, the Advocate conducts discrimination investigation procedures and performs certain inspection tasks over the implementation of this Act.<\/p>

The discrimination investigation procedure begins on the basis of a complaint of the discriminated person, but may also be initiated ex officio if the Advocate was informed of the occurrence of discrimination on the basis of an anonymous proposal, a proposal of a third party or in another way.<\/p>

People who believe they have been discriminated against may submit a complaint<\/a>.<\/p>

After receiving such a complaint or initiating an ex officio discrimination investigation procedure, the Advocate examines it under the General Administrative Procedure Act.<\/p>

Every complaint received is first examined and assessed whether the burden of asserting is met. This means that the following is being checked:<\/p>