Human rights and fundamental freedoms have an important role in democratic arrangements. In Slovenia, human rights and freedoms are established in the Constitution, according to which they are granted and enforced. The Constitution is complemented by laws, regulations and other legal acts. Besides national legislation, also international and EU legal instruments are important for the protection of rights. To effectively exercise human rights, appropriate mechanisms of a formal and informal system for the protection of human rights must be provided. This master’s thesis focuses on the definition of an informal protection system – the Human Rights Ombudsman.
This master's thesis includes different research approaches and scientific methods, such as compilation, descriptive research, a combination of inductive and deductive methods, as well as the comparative method and quantitative synthesis.
A contribution to administrative science is made by analysing the breach of human rights in administrative matters through the Ombudsman according to the decisions of the Constitutional Court and the ECHR, which shows the state of violations in individual administrative areas over a longer time period and the effectiveness of the Ombudsman institution in the system for the protection of human rights. The effectiveness is determined by an analysis of the Ombudsman's annual reports and by a comparative analysis of the regulation for the protection of human rights in administrative matters through the Ombudsman for the selected country – Sweden. It is established that the principle of the rule of law and of the welfare state as well as the principle of equality before the law are the most often violated, and that these violations are removed by making changes to regulations and legislations. The Ombudsman implements a comparable informal system for the protection of human rights, and it performs its role effectively in the protection system by giving opinions and recommendations to public and administrative authorities. The Constitutional Court is more effective in the protection system, forcing the authorities to eliminate the violation or unconstitutionality with binding decisions.
The provided information, findings and facts will help to improve the knowledge of both the profession as well as the public and administrative authorities that decide on the rights and freedoms of every individual in the administrative procedure. In addition, this thesis will inform the legislative, executing, and judicial authorities that prepare and adopt legal bases and implement them in practice.
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