LGBT people are considered a special social group in society. In the last seventy years, both the acceptance of LGBT people and the recognition of the (human) rights of these people have expanded. Since administrative procedures are the most common procedures in which LGBT individuals interact with the authorities, we were interested in how often violations of the human rights of LGBT people occur in administrative procedures. The aim was to identify the administrative procedures in which the human rights of LGBT people are violated and compare those violations to violations in Italy in order to better understand the scope of the violations.
First, we analyzed the reports of the Human Rights Ombudsman and the Advocate of the Principle of Equality in Slovenia. For a better understanding of the statistical data and the issues discussed, we conducted interviews with the stakeholders, including the non-governmental organization Legebitra that advocates the rights of LGBT people. Based on the available reports of regional ombudsmen in Italy, we created an overview of violations in Italy. We also compared the regulations of the administrative procedures of legal sex change in Slovenia and Italy.
After reviewing the analysis of the reports of the Human Rights Ombudsman and the Advocate of the Principle of Equality, we can conclude that human rights violations of LGBT people do occur, but such initiatives are rare. At the same time, we can see that the situation is improving with the regulation of the law. Violations do not occur due to the regulation of administrative procedures, but rather the material laws that are used in administrative procedures. The regulation of the (human) rights of LGBT individuals in Slovenia and Italy differs greatly, which makes it difficult to compare violations. With this diploma thesis, we demonstrate significant differences between the regulations of both administrative procedures and human rights in Slovenia and Italy.
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