No one should be forced to live in an institution simply because the state does not provide them with the support they need to live in the community. The right to live independently is not a privilege, but a human right. In recent years, Slovenia has made significant strategic and legislative commitments in the field of deinstitutionalisation, but these do not, in themselves, change people’s lives. The state must therefore adopt all the necessary secondary legislation as soon as possible and ensure the practical conditions for people with disabilities to live in the community. All of this was highlighted by the Human Rights Ombudsman, Dr Simona Drenik Bavdek, at the conference ‘30 Years of the Struggle for Human Rights – From Institutions to the Community’, which took place in Brežice on 14 October 2026.

During the discussion ‘Human Rights Under Scrutiny – Violence, Responsibility and Deinstitutionalisation’, the Ombudswoman emphasised that Slovenia had taken significant steps forward with the adoption of the Strategy of the Republic of Slovenia for Deinstitutionalisation in Social Care 2024–2034 and the amendment to the Social Care Act. However, the adoption of the law does not yet mean that individuals actually have the opportunity to live differently. Without appropriate secondary legislation, accessible community support services, trained and adequately paid staff, and stable funding, the rights enshrined in the legislation will remain difficult to realise.

“The essence of deinstitutionalisation is a shift in the balance of power: individuals must be given greater say over their own lives,” she emphasised. She added that a smaller residential unit does not in itself constitute community living if institutional methods of decision-making and restrictions on an individual’s independence are maintained within it.

The Ombudsman therefore warned that the success of deinstitutionalisation must not be measured solely by the number of people relocated or the number of institutional places closed. The true measures are quality of life, the degree of independence, the actual ability to make decisions, and the individual’s inclusion in the community. A system in which a person must adapt to the rules of an institution must be replaced by support that adapts to their needs, wishes and choices, she said.

She also pointed out that it is important for accommodation and the provision of support services to be separate: “A person must be able to change their support provider without risking the loss of their home as a result.”

This year marks the 20th anniversary of the adoption of the United Nations Convention on the Rights of Persons with Disabilities, Article 19 of which guarantees the right to live independently and be included in the community. This right must not depend on the types of accommodation available to the state. The state must create the conditions for people to actually exercise this right, which includes access to housing, appropriate social and health services, and support tailored to the individual.

The transition from institutional care to community-based living also requires a fundamental overhaul of existing institutions. Their knowledge and experience must be channelled into providing support outside the institutional setting, and staff must be properly trained in different approaches, the Ombudswoman added. She also emphasised that effective mechanisms must be put in place to prevent violence, abuse, neglect and unjustified restrictions on freedom.

She pointed out that prejudice and resistance from the local community can also be a significant obstacle to the realisation of the right to live in the community. The Ombudsman had already drawn attention to this in connection with the planned deinstitutionalisation in Divača and issues relating to the Dom na Krasu care home. “The right to live in the community cannot depend on whether or not the local community accepts a particular group of residents. Therefore, in addition to systemic changes, there is also a need for systematic awareness-raising, thoughtful communication and the involvement of local communities. Above all, people with disabilities must be actively involved in the drafting of legislation, policies and decisions that affect their lives,” emphasised the Ombudsman, Dr Simona Drenik Bavdek.

The Ombudswoman also reiterated the need to establish an independent mechanism to monitor the implementation of the Convention on the Rights of Persons with Disabilities. Independent oversight, accessible complaint procedures and effective legal remedies are essential for determining whether the measures adopted are genuinely improving people’s situation or whether human rights violations are continuing in different forms.

In 2027, Slovenia will chair the 20th Conference of States Parties to the Convention on the Rights of Persons with Disabilities. This is an important international role, and at the same time a responsibility to ensure that the standards it advocates at international level are consistently implemented at home as well.