Even the Constitution of the Republic of Slovenia, under Article 14, Paragraph 1 defines that in Slovenia everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political, or other conviction, material standing, birth, education, social status, disability, or any other personal circumstance. The main point of my diploma thesis originates from the fact that everyone shall be guaranteed equal protection of rights. For that reason, the diploma thesis discusses the position of parties, who do not understand the meaning of their actions in a procedure, thereby forgoing certain urgent actions or refraining from any statements that they should make, so it’s worth pointing out that authorities are obliged to help such parties. The diploma thesis analyses the situation in the area of “regulation” of guardianship in Slovenia to identify the problems that appear in practice. The concept of guardianship is an urgent and key element of an individual, who was deprived of his or her operating capacity. Throughout the thesis, we are trying to determine how far can a right of an authority body go into the personality of an individual, his or her personal sphere with regard to the protection of that person’s rights. On the basis of the study carried out within the framework of undergraduate thesis, I conclude that in Slovenia, the existing legislation which naturally determines the operating framework of the regulatory authorities, fails to provide sufficient and effective legal protection for persons with limited legal capacity or persons who have been deprived of their legal capacity.
Therefore, I conclude that Slovenia needs a new, modern and effective legislation in this area, whereas it can also be argued that within the framework of the provisions, the Family Code brings about only minor differences that can only be observed in the approach, while legally and formally the issue remains unchanged.
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