The Ombudsman can:
1. Investigate a potential violation of your human rights
At the end of the investigation, the Ombudsman will issue an opinion on whether there has been a violation of your rights or not. Please note that the Ombudsman cannot change or amend the decisions of courts or state institutions. The Ombudsman can also propose that the state body that violated your rights compensate you for the damage caused.
The opinion of the Ombudsman is not binding on state institutions, but they can take it into account when deciding on your compensation claim. For example, if the Ombudsman has issued an opinion that your human rights have been violated, you can claim compensation for such a violation. The Ombudsman’s opinion can help you defend your claim in the court or institution examining your claim.
2. Help to prevent future violations of a similar kind against you or other persons
If the Ombudsman’s investigation reveals a problem in law or in practice of state institutions, he can propose changes to them to prevent future violations.
3. Help you to understand your human rights and explain how better to defend them
If you are not sure if your human rights have been violated or whether the Ombudsman can investigate your case, you can email (info@varuh-rs.si) or call (080 15 30) the Ombudsman’s office before you make an application. The Ombudsman can help you with various human rights related questions, but keep in mind that he cannot act as your lawyer, give unlimited free legal aid or represent you in court.
4. Appeal to the Constitutional Court on your behalf
If certain laws violate your human rights, the Ombudsman can request the Constitutional Court to review the constitutionality and legality of specific regulations or acts in your name and with your authorisation. If your constitutional rights were violated in a court proceeding, the Ombudsman can file a constitutional complaint against a court decision by which all legal remedies have been exhausted.
The Ombudsman cannot:
The Ombudsman can only fulfil those tasks which are outlined under the Human Rights Ombudsman Act. Therefore, he cannot:
- revoke or change decisions of courts or state institutions
- examine the evidence in court cases
- punish state officials or private individuals
- give you compensation for a violation of your human right
- provide legal advice not related to your human rights
- represent you in the European Court of Human Rights or other international body