Slovenian law provides for state-funded psychosocial and legal counselling as well as the assistance of a social worker to victims of domestic violence. Assistance is also provided by non-governmental organizations.
Victims of domestic violence have the right to receive state-funded social protection services such as social, psychological and legal assistance to help them to safely exit an abusive relationship.
By ensuring and funding social protection services for adult victims of violence, the State has recognized that victims of domestic violence need, and are entitled to, social and psychological help in order to exit a power and control relationship of domestic violence. Further, legal assistance is important for preparing and submitting an application for temporary protection against violence, assist victims in criminal proceedings, and to help victims of domestic violence to reach a just resolution in divorce proceedings, child related disputes and the division of spousal property.
What kind of assistance may a victim receive?
In the event of an occurrence of domestic violence, the victim can be immediately placed in a crisis centre, where she receives professional help. If, at the end of the stay in the crisis centre, the victim still needs residential support, he or she can withdraw to a safe house or shelter.
The victim also has the right to free legal assistance and a companion to accompany her through the proceedings, to help protect her integrity and find solutions, and to provide her with psychological support.
Victims of domestic violence may also receive advice, consultation, emotional and psychological support, as well as information related to criminal proceedings by contacting the counselling centres for victims of violence, that are administered by specialized NGOs which have been authorized by the State to carry out public social protection programmes.
How to receive the assistance
To receive the social protection service, the victim of domestic violence must turn to the centre for social work in her/his municipality or any NGO that provides the social protection services for adult victims of violence. The victim of violence has the right to choose the social service provider. The victim of violence is not obligated to file a report or to cooperate in criminal proceedings in order to get state funded social protection services.
If the victim of violence is refused social protection services, the decision by the social services may be appealed in accordance with the General Administrative Procedure Act.
Which human rights violations may there be?
The ability or failure of the State to provide help and assistance to victims of domestic violence should be seen in the light of the due diligence standard. It may result in a violation of human rights where state or municipal institutions deny funded help or assistance to a victim without lawful grounds.
The right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
The State’s failure to provide help and a support system for domestic violence victims may, in certain cases, result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the pertinent authorities) fails to effectively respond and provide help and support to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition against inhumane or degrading treatment, and the right to private and family life.