The Human Rights Ombudsman (Ombudsman) has stated, in relation to interventions in cash social assistance benefits implemented on the basis of the so-called Šutar Act, that he had already warned during the legislative process that this law involves extensive and substantively sensitive interventions in human rights, which should be considered with greater care, through expert and public debate and with a clear assessment of their effects on individuals and communities. We have particularly emphasized the importance of the principles of the rule of law, legal certainty, proportionality of measures, and respect for human dignity, including in the field of social security. 

The Ombudsman has already received several initiatives and calls from individuals from different parts of Slovenia regarding interventions in cash social assistance. Immediately after becoming familiar with the individual, very different cases from practice, the Ombudsman contacted the Ministry of Labor, Family, Social Affairs, and Equal Opportunities and requested clarification regarding the implementation of the law and the safeguards provided for beneficiaries. Under the Human Rights Ombudsman Act, he is required to conduct proceedings impartially and, in all cases, to obtain the views of all parties concerned.

Based on what is known so far, the Ombudsman considers that (apart from certain systemic issues) the important question is the implementation of the law in practice, as the information indicates that the second paragraph of Article 8 of the Act on Urgent Measures to Ensure Public Safety. This expressly stipulates that the FURS, which issues a decision on the enforcement of social assistance benefits, must notify the local social work center, which then assesses whether the circumstances require that the social assistance be paid to the beneficiary in kind, as it is crucial to prevent any life-threatening hardship for individuals.

Based on the responses from the FURS that have been made public so far, the Ombudsman understands that the FURS did not have information about which debtors are recipients of cash social assistance, nor which social work center is locally competent in each case. This raises the serious question of how the implementation of the law was planned in the first place, as the statements indicate that the legal provisions could not be enforced in practice. The Ombudsman does not yet know why this situation arose, and this will also be the subject of further consideration.

The FURS also reports that it has notified the competent ministry of the lists of decisions issued. How the latter dealt with this is one of the questions that the Ombudsman asked the MDDSZ in its inquiry.

The Ombudsman emphasizes that it is unacceptable to wait until after the law has come into force to consider how to ensure adequate information and cooperation between the competent authorities in the future. When drafting and adopting legislation, it should be clear in advance how the law will be implemented, who will have the necessary information, and how effective safeguards will be ensured to protect individuals and families. Considering these issues only after the law has come into force represents a serious departure from the principles of the rule of law and legal certainty.

The establishment of new legislation requires comprehensive consideration of all possible life situations and, above all, an assessment of whether the objective pursued can be achieved by more balanced and proportionate measures that do not interfere with the very essence of the right to social security. The measures must not only be normatively defined, but also actually feasible and coordinated between all competent authorities.

At the same time, the question of the possible retroactive application of the law arises, which requires particularly careful and thorough consideration. The Ombudsman emphasizes that, even when implementing existing legislation, all authorities are obliged to act in accordance with the Constitution and the fundamental principles of human rights protection. Interference with the right to social security must not be automatic, but must be based on an individual assessment of the specific situation of the individual and his or her family, with the actual participation of social work centers and consistent consideration of the minimum subsistence level.

The purpose of social legislation must remain the protection of the most vulnerable, as this is the very foundation of the welfare state. Those who abuse the system must be sanctioned, but not in a way that simultaneously affects people in the most difficult social situations or jeopardizes basic living conditions. Children are a particularly protected group, and measures that result in them bearing the consequences of adults' actions raise serious questions of proportionality, the protection of human dignity, and the right to social security. Punishment must not have collective effects and must not affect those who are not responsible for the violation.

The Commissioner for Environment and Planning, Perit Alan Saliba, was recently interviewed by Tonio Bonello on the programme Il-Polz taċ-Ċittadin on Radju Malta. The interview centred on the position paper issued by the Office of the Parliamentary Ombudsman, Ensuring Safe and Unobstructed Mobility on Public Pavements and in Public Places.

The conversation addressed the growing and persistent problem of pavements and public spaces being obstructed, often by outdoor furniture such as tables and chairs placed by catering establishments. Perit Saliba discussed how this long-standing issue has now reached a point where it requires coordinated national attention.

The discussion expanded to cover the broader implications of obstructed pavements, beyond mere inconvenience. The Commissioner noted that mobility is a right enshrined in both Maltese and international legal frameworks. Public pavements are not optional or secondary, they are essential infrastructure intended to ensure free and safe movement for all, particularly those with limited mobility.

Perit Saliba also discussed the safety dimension of the issue. Obstructed pedestrian routes can hinder emergency access and expose pedestrians to avoidable risks, especially when people are forced to step onto the carriageway.

He outlined the recommendations made in the position paper, including clearer licensing procedures, marked boundaries, public transparency by the Lands Authority, stronger enforcement powers for the Planning Authority, and routine inspection mechanisms. He also underlined the importance of public authorities embedding accessibility into the early stages of planning, not treating it as an afterthought.

During the interview, the Commissioner also answered questions from several listeners who called in during the programme.

Children and young people who are placed in emergency care outside the home constitute a vulnerable group. They have often been removed from their familiar environment at very short notice and may not know where they are going to be staying in the long term, who is going to take care of them or where they will go to daycare or school.

 As the theme for his monitoring visits to institutions for children in 2026, the Ombudsman will be looking into the social facilities that the municipalities use when there is a need for placing a child or young person in emergency care.

The Ombudsman will be visiting both facilities that have been approved by the social supervision authorities and non-approved facilities in which the municipalities can place a child or young person for up to six weeks according to the current rules.

‘Children and young people in emergency care are in a situation where their life will often be turned upside down and which must be seen as both insecure and uncertain. In my monitoring visits this year, I will be examining the settings that children and young people in emergency care find themselves in and whether they are treated with dignity and consideration and in accordance with their rights’, says Parliamentary Ombudsman Christian Britten Lundblad.

In connection with the monitoring visits, the Ombudsman will focus on, among other things, how children and young people in emergency care retain their relationship with their parents and network and overall maintain as normal an everyday life as possible. The Ombudsman will also focus on how it is ensured that the children and young people move forward from the emergency placement in a positive way.

The monitoring visits are carried out in cooperation with the Danish Institute for Human Rights and DIGNITY – Danish Institute Against Torture.

When the monitoring year is over, the Ombudsman will summarise the most significant results in a thematic report.

Further information:

Director of International Relations Klavs Kinnerup Hede, kkh@ombudsmanden.dk

El Defensor del Pueblo, Ángel Gabilondo, se ha reunido este viernes con el Defensor Público General Federal de Brasil, Leonardo Cardoso de Magalhães.

Durante el encuentro han abordado asuntos relativos a la defensa de los derechos fundamentales y diversas actuaciones, iniciativas  y tareas de Leonardo Cardoso en su país. Estos son, entre otros, el proyecto Soberanía, Derechos Humanos y Democracia; el Observatorio de la Mujer; la violencia política; las consecuencias de la ubicación del MNP en el Ministerio de Derechos Humanos de Brasil, así como algunas competencias singulares de esta institución brasileña como, por ejemplo, la posibilidad de presentar proyectos de ley  o demandas judiciales colectivas.

El Defensor del Pueblo, por su parte, ha explicado a su homólogo brasileño las labores y competencias de la institución y ha compartido los retos comunes entre ambas defensorías.

En este encuentro han participado también Larissa Arantes, directora de Gabinete del Defensor Público General Federal de Brasil, e Isabel Aymerich, directora de Gabinete del Defensor del Pueblo.