OHCHR Thematic Analitical Study on the Issue of Violence against Women and Girls and Disability - SLOVENIA Data / Statistic 1. Have studies/researches been conducted on the prevalence, nature, causes and impact of violence against women and girls with disabilities in different settings (family/home, workplace, medical institutions, schools etc.). What forms of disability and violence do they cover? The following studies and research on the theme of violence against persons with disabilities have been carried out recently in Slovenia: Nasilje nad invalidnimi osebami, v zasebni sferi in / ali v partnerskih odnosih (Violence against Persons with Disabilities in the Private Sphere and/or Partnerships), Ljubljana, Government of the Republic of Slovenia, Office for Equal Opportunities, 2008. Type of disability: persons with disabilities include those with long-term physical, mental, intellectual, or sensory impairments; Type of violence: negligence, physical abuse, psychological or emotional abuse, financial or material abuse. KRALJ, Julijana, ed., et al. Nasilje v družini in okolju, Za lepše in prijaznejše življenje s paraplegijo in tetraplegijo (Violence in the Family and Environment, For a Better and Friendlier Life with Paraplegia and Tetraplegia), Ljubljana, Paraplegics Association of Slovenia, 1998. Type of disability: movement impairment due to paraplegia and tetraplegia; Type of violence: open-ended question; the answers included different types of abuse. KRALJ, Julijana. Raziskava nasilja nad gibalno oviranimi ženskami (Research Study of Violence against Women with Movement Impairment), Association of Physically Disabled of Slovenia VIZIJA, Slovenske Konjice, 2008. First research 2000–2006: o Type of disability: movement impairment; o Type of violence: emotional abuse, verbal violence, negligence and oppression, financial and property abuse. Second research 2007–2008: o Type of disability: movement impairment; o Type of violence: combined question; the answers included various forms of psychological, physical, and sexual violence, property and other forms or abuse, and negligence. Regarding the effects of discrimination on the social and political inclusion of young persons in Slovenia: Analysis by sex, sexual orientation and ethnicity (final report). The target research project within the “Competitiveness of Slovenia 2006–2013” programme, University of Ljubljana, Faculty for Social Sciences. Type of disability: persons with disabilities include those with long-term physical, mental, intellectual, or sensory impairments; Type of violence: open-ended question; the answers included various types of psychological and physical violence. KUZMANIČ KORVA, Darja (contribution published on the Internet 1). Nasilje se najpogosteje dogaja doma (Violence most Frequently Occurs at Home), Paraplegics Association of Slovenia. 1 Available at: http://www.google.si/url?sa=t&rct=j&q=nasilje%20se%20najpogosteje%20dogaja%20doma&source=we b&cd=2&ved=0CB4QFjAB&url=http%3A%2F%2Fwww.zveza- Type of disability: persons with disabilities (recipients of the domestic help service) in Slovenia; Type of violence: not specified. ŠIRNIK, Tina. Nasilje nad ljudmi z invalidnostjo (Violence against People with Disabilities): graduation thesis, Ljubljana, University of Ljubljana, Faculty of Social Work, 2003. KNEZ, Marija. Nasilja v slovenskih šolah (Violence in Slovenian Schools): graduation thesis, Ljubljana, University of Ljubljana, Faculty of Administration, 2005. MOČNIK, Mateja. Varnost v socialnih in posebnih (socialnopsihiatričnih) zavodih (Safety in Social and Sociopsychiatric Institutions): graduation thesis, Maribor, University of Maribor, Faculty of Criminal Justice and Security, 2008. KOS, Tina. Nasilje v družinski vzgoji in vedenju učencev do vrstnikov v osnovni šoli s prilagojenim programom (Violence in Domestic Upbringing and Behaviour of Pupils towards their Peers in Elementary Schools with Adapted Curriculum): Master's thesis, Ljubljana, University of Ljubljana, Faculty of Education, 2010. 2. Please provide the available data on the number of women and girls with disabilities who have accessed services and programmes to prevent and address violence in the past years? Is this information disaggregated by disability, as well as by sex, socio economic and ethnic background? Various social welfare programmes intended for persons who have experienced violence are carried out in Slovenia. Data on the number of persons with disabilities participating in these programmes have not been systematically collected. According to the data of the Association of the Physically Disabled of Slovenia VIZIJA2, four persons with disabilities sought help in safe houses and shelters in the period between 2008 and 2011. Information on various kinds of social welfare programmes intended for persons who have experienced violence is presented below. Unfortunately, data on the type of disability, age, socioeconomic status, and ethnicity is not available. 1. Programmes of maternity homes and women's shelters The target group of maternity homes and women's shelters primarily consists of the following: women and children experiencing various types of violence who need a safe haven; victims of domestic violence, victims of violence in partnership and kinship relations, and victims of violence in general; mothers and their children experiencing violence, women due to give birth, and pregnant women who must retreat from their domestic situation for various reasons or are socially or financially at risk; family members of women experiencing violence; neighbours and other persons seeking information and help in the event of violence; women using illegal drugs and victims of violence and abuse in grave social and economic distress. Table 1: The number of programmes and users of safe houses and maternity homes in 2010 Programmes Number programmes of Number of users paraplegikov.si%2Futil%2Fmma_bin.php%3Fid%3D2006010716193208&ei=YjypTo5Rp4fiBPXIuP4P&usg =AFQjCNEuSbrIaNrdPFHOYXxZXab9r8Ntuw&cad=rja (26 October 2011). 2 Letter of the Association of Physically Disabled of Slovenia VIZIJA from 25 October 2011. 2 Safe houses, refuges, shelters and the crisis centre Maternity homes 16 497 6 349 Source: SMOLEJ, S. et al. Spremljanje izvajanja programov socialnega varstva: poročilo o izvajanju programov v letu 2010: končno poročilo (Monitoring of Implementation of Social Assistance Programmes: Report on the Implementation of Programmes in 2010: Final Report), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2011. 2. Psychosocial help programmes for victims of violence The target group of the psychosocial help programmes for victims of violence primarily consists of the following: women experiencing various forms of violence in domestic, partnership, kinship, and other interpersonal relations; children, young persons, and persons experiencing violence in the family, at school and in their immediate environment; persons with mental health problems, addiction problems, and lower socioeconomic status (often in combination with various forms violence in various relationships). Table 2: The number of psychosocial help programmes for victims of violence and users thereof in 2010 Number programmes 5 5 Programmes Help and self-help groups and programmes Psychosocial help programmes and counselling of Number of users 281 4 671 Source: SMOLEJ, S. et al. Spremljanje izvajanja programov socialnega varstva: poročilo o izvajanju programov v letu 2010: končno poročilo (Monitoring of Implementation of Social Assistance Programmes: Report on the Implementation of Programmes in 2010: Final Report), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2011. 3. Programmes for psychosocial counselling by telephone for children, young persons, and other persons in personal distress The target group of programmes for psychosocial counselling by telephone for children, young persons, and other persons in personal distress consists of the following: persons from throughout Slovenia, regardless of age, who are facing various problems (loneliness, mental health problems, emotional problems and the challenges that come with adolescence); persons with disabilities and their relatives; victims of various forms of violence; addicts; poor and homeless persons; women in various forms of distress during pregnancy or post-partum and their partners, children, and relatives; medical and other professionals. Table 3: The number of programmes and users of psychosocial counselling by telephone in 2010 Number programmes Programmes Counselling programmes telephones 7 of Number calls of telephone 72 823 Source: SMOLEJ, S. et al. Spremljanje izvajanja programov socialnega varstva: poročilo o izvajanju programov v letu 2010: končno poročilo (Monitoring of Implementation of Social 3 Assistance Programmes: Report on the Implementation of Programmes in 2010: Final Report), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2011. 4. Specialised therapeutic psychosocial help programmes The target group of the specialised therapeutic psychosocial help programmes consists primarily of the following: individuals, couples and families in acute or long-term psychosocial distress who require, want, and are capable of accepting the more profound and structured help offered by therapy but cannot afford to pay for it due to financial problems. Table 4 only presents psychosocial programmes intended for users who have experienced various forms of violence (physical, emotional, and sexual). Table 4: The number of programmes and users of specialised therapeutic psychosocial help programmes for victims of violence in 2010 Programmes Number programmes Therapeutic psychosocial help programmes of for victims of violence 5 of Number of users 1 571 Source: SMOLEJ, S. et al. Spremljanje izvajanja programov socialnega varstva: poročilo o izvajanju programov v letu 2010: končno poročilo (Monitoring of Implementation of Social Assistance Programmes: Report on the Implementation of Programmes in 2010: Final Report), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2011. 3. Please provide available data on the number of households in which persons with disabilities reside. How many of these are women-headed households? In Slovenia, data on households or families of persons with disabilities are not collected separately, and the census data do not include information on the disabilities of individual persons. This information could be included in certain research. In 2002, research on the social support networks of the Slovenian population (Ferligoj et al. 2002 3) was carried out on a representative sample of Slovenian inhabitants. The research found that approximately 10% of the Slovenian population has trouble with movement in everyday life. Of this number, 42% are male, while 58% are female, thus the share of women with such difficulties is 16% higher than of men. Data on the number of persons with movement impairment who live in different types of families is presented below. Table 5: The number of persons with movement impairment who lived in different types of families in 2002 One person household Number 108 Percentage 21.73 Couple 114 22.94 Family of orientation 21 4.23 Family of procreation 150 30.18 Single-parent family 24 4.83 3 FERLIGOJ et al. Omrežja socialne opore prebivalcev Slovenije (Social Support Networks of the Slovenian Population), Ljubljana, Faculty of Social Sciences, Social Protection Institute of the Republic of Slovenia, 2002. 4 Extended family 70 14.08 Other 10 2.01 Total 497 100 Source: FERLIGOJ et al. Omrežja socialne opore prebivalcev Slovenije (Social Support Networks of the Slovenian Population), Ljubljana, Faculty of Social Sciences, Social Protection Institute of the Republic of Slovenia, 2002. Table 6: The number of persons with impaired movement who lived in different types of families (by sex) in 2002 Men Women One person household Number 27 Percentage 25.00 Number 81 Percentage 75.00 Couple 48 42.11 66 57.89 Family of orientation 13 61.90 8 38.10 Family of procreation 84 56.00 66 44.00 Single-parent family 1 4.17 23 95.83 Extended family 31 44.29 39 55.71 Other 6 60.00 4 40.00 Total 210 42.25 287 57.75 Source: FERLIGOJ et al. Omrežja socialne opore prebivalcev Slovenije (Social Support Networks of the Slovenian Population), Ljubljana, Faculty of Social Sciences, Social Protection Institute of the Republic of Slovenia, 2002. Data on the number of households with persons with disabilities which are run by women is not available. 4. Please provide statistics, information or studies on disability/ies resulting from violence against women and girls. According to the research of the Office for Equal Opportunities on violence against persons with disabilities in the private sphere and/or partnership relations, such violence is still very much hidden in our country since it occurs behind closed doors and often remains undetected even by associations of persons with disabilities whose members are victims of violence. Women with disabilities are more often victims of violence than men with disabilities. The most frequent forms of violence against these women are physical, psychological, or emotional abuse, while men with disabilities are mainly subjected to negligence. Women with disabilities are most frequently victims of negligence and physical, psychological, or emotional abuse by their partners and of financial abuse by their children. Results are similar for men with disabilities. They too are most frequently victims of negligence and psychological or emotional abuse by their partners and of physical and financial abuse by their children. Among the most frequent reasons for violence against women and men with disabilities are the helplessness of these persons due to their disabilities, their low awareness, and their dependence on other persons. However, there are some additional reasons which apply only to women with disabilities, and not men, namely discrimination and unequal treatment by both sexes, low awareness and their "weakness". This confirms that women with disabilities, besides having to face barriers due to their disability, are also subject to sexual discrimination. 5 Legislation and Policies 1. Is there a legal framework addressing violence against women and girls with disability in different contexts (within the family, in the community and in the workplace, and in State and non-State institutions such as medical, education and other services providing institutions)? Slovenia has no specific legislation regulating violence against women and girls with disabilities, but it undertakes to respect the prohibition of discrimination on the grounds of disability in all areas of human life. The right of persons with disabilities to equal opportunities and treatment, the right to equal inclusion in the life of the community, the right to choose, etc., are determined by numerous documents on the international and national level. The laws, provisions and regulations in these documents require the elimination of any form of discrimination and determine the need to remove various barriers and limitations in the environment of persons with disabilities, the need for support which should ensure them an independent life, and the need for their equal inclusion in society. The basic rights to equal opportunities derive from Article 14 of the Constitution of the Republic of Slovenia 4 which states 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." Disability has been included amongst the personal circumstances determined in the Constitution since 2004. The Constitution thereby explicitly emphasises the right to equality of persons with disabilities before the law and forbids any discrimination on grounds of disability. The prohibition of discrimination on grounds of disability is included in the provisions of the Implementation of the Principle of Equal Treatment Act 5, Employment Relationships Act 6, Vocational Rehabilitation and Employment of Persons with Disabilities Act 7, Family Violence Act 8, and Equalisation of Opportunities for Persons with Disabilities Act, 9 which was adopted by the National Assembly at the end of November 2010 and represents the basic law in the field of the prevention of discrimination against persons with disabilities in Slovenia. Slovenia has ratified the most important documents in the field of human rights, some of which also pertain to ensuring rights to persons with disabilities, e.g. the European Convention on Human Rights and Fundamental Freedoms 10, European Social Charter 11, United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities, etc. In April 2008, the National Assembly adopted the Act Ratifying the Convention on the Rights of persons with Disabilities 12, which is the first legally binding document of the United Nations in the field of the human rights of persons with disabilities 13. In September 2011, Slovenia also signed the Council of Europe Convention on Preventing and Combating Violence Against Women and 4 OG RS No. 33I/1991-I, amendments: 42/1997, 66/2000, 24/2003, 69/2004, 69/2004, 69/2004, 68/2006. 5 OG RS No. 93/2007. 6 OG RS No. 42/2002, amendments: 79/2006-ZZZPB-F, 46/2007 Const. Court Dec.: U-I-45/07, Up-249/0622, 103/2007, 45/2008-ZArbit, 83/2009 Const. Court Dec.: U-I-284/06-26. 7 OG RS No. 63/2004, amendments: 72/2005, 100/2005-UPB1, 114/2006, 16/2007-UPB2, 14/2009 Const. Court Dec.: U-I-36/06-18. 8 OG RS No. 16/2008. 9 OG RS No. 94/2010. 10 OG RS -MP, 7-41/1994. 11 OG RS No. 24/1999. 12 OG RS No. 37/08. 13 National Guidelines to Improve Built Environment, Information and Communications Accessibility for People with Disabilities, OG RS No. 113/2005. 6 Domestic Violence, which is the first international legal instrument that comprehensively stipulates the obligations of the signatories to prevent violence against women, including domestic violence. Since 1991, numerous regulations have been adopted in the fields of education, health care, employment, removing barriers in the environment, and financial assistance. Various national and developmental programmes in individual fields have been supplemented with solutions vital to the lives of persons with disabilities 14. One of the key documents in the field of ensuring equal opportunities is the Action Programme for Persons with Disabilities 2007–2013 15. 2. Are practices such as 1) forced psychiatric intervention, 2) forced institutionalization, 3) solitary confinement and restraint in institutions, 4) forced drug and electroshock treatment, 5) forced abortion, 6) forced sterilization and 7) harmful practices, prohibited by law? Forced psychiatric intervention and forced institutionalisation The Mental Health Act 16 (Articles 1 and 2) inter alia determines the procedures for institutionalisation: for treatment in a ward under special supervision of a psychiatric hospital (i.e. a ward for intensive treatment in a psychiatric hospital where a person can be restrained for health reasons, or because they are endangering their own or other people's lives, seriously endangering their own or other people's health, or causing substantial pecuniary damage to themselves or other people); for treatment in a secure ward of a social welfare institution (i.e. a ward in a social welfare institution where a person continuously receives special protection and may not freely leave the institution). A person can be referred to such a ward by a court decision as well, and without their consent 17 (Articles 38 and 39). The Mental Health Act precisely prescribes the procedures for institutionalisation and intervention in such cases. A person has the right to a representative who protects their rights, interest, and benefits. Special methods of treatment The Health Services Act 18 regulates actions and activities carried out by medical professionals and associates while providing health care, preventing and diagnosing diseases, and treating all patients and injured persons, as well as persons with disabilities, in accordance with the medical doctrine and by using medical technology. The Mental Health Act 19 (Articles 8 and 9) prescribes special methods of treatment to be carried out only in exceptional circumstances, under precisely specified conditions and only in psychiatric hospitals. 14 National Guidelines to Improve Built Environment, Information and Communications Accessibility for People with Disabilities, OG RS No. 113/2005. 15 Available at: http://www.mddsz.gov.si/fileadmin/mddsz.gov.si/pageuploads/dokumenti__pdf/api_07_13.pdf (10 December 2010). 16 OG RS No. 77/2008. 17 OG RS No. 77/2008. 18 OG RS Nos. 9/92, 26/92 corr., 37/95, 8/96, 59/99, 90/99, 98/99, 31/00, 36/00, 45/01, 131/03, 135/03, 2/04, 36/04 - UPB1, 80/04, 23/05 - UPB2, 15/08 - ZPacP, 23/08, 58/08 - ZZdrS-E, 77/08 – ZDZdr). 19 OG RS No. 77/2008. 7 These special methods of treatment are the following: electroconvulsive therapy, hormone therapy, use of psychotropic drugs in dosages exceeding the highest prescribed dosage. Medical treatment in Slovenia is carried out in accordance with methods approved by experts and internationally recognised standards. Psychosurgical treatment is not allowed in the Republic of Slovenia. The usage of special treatment methods on the proposal of a psychiatrist is decided by the medical council which is appointed by the director of the psychiatric hospital for a particular case and comprises at least three psychiatrists, at least one of whom is employed outside the psychiatric hospital where the patient is being treated and has never treated the patient in question. Special methods of treatment are used on the basis of the written consent of the person or his/her guardian. Such can be used without the person's consent if ordered by the court or if the person needs urgent medical care and cannot be treated otherwise. These methods are used when no other efficient method of treatment providing suitable health care is available and when this is necessary for the treatment of the person. The person, their relatives, and those close to them, their representative, lawyer, or guardian have the right to request administrative control of the implementation of the special method of treatment. Young persons may not be treated with these special methods. Sterilisation and abortion Freedom of choice in childbearing is regulated by the Health Measures in Exercising Freedom of Choice in Childbearing Act 20. There are no special provisions for persons with disabilities. Article 10 of the Mental Health Act 21 states that a psychological disorder by itself is not justification for implementing the measure of sterilisation or induced termination of pregnancy. 3. What specific policies/programmes are in place to prevent and address violence against women and girls with disabilities and/or to address harmful practices that can result in disabilities? How do general policies and plans/programmes on violence against women ensure the inclusion of and accessibility by women and girls with disabilities? The police do not implement any special programmes intended exclusively to prevent and address violence against women and girls with disability. Pursuant to the Constitution of the Republic of Slovenia, which prohibits any discrimination on the basis of personal circumstances, as well as in accordance with the Criminal Procedure Act and the Police Act, the police process all victims of criminal offences irrespective of national origin, race, sex, language, religion, political or other convictions, material standing, birth, education, social status or any other personal circumstance. With the purpose to prevent any violence, including violence against women and girls with disability, the Resolution on the 2007-2011 National Crime Prevention and Suppression Programme was adopted in 2007, which also addresses problems, causes and solutions regarding domestic violence. Furthermore, the Resolution on the 2009-2014 National Programme on the Prevention of Family Violence and the Family Violence Prevention Act are part of the same legal framework. Article 191 of the Penal Code defines the criminal offence of Domestic Violence while the Police Act contains provisions on issuing a restraining order prohibiting a person from approaching a particular location or person who is a victim of violence. 20 21 OG RS Nos. 11/77, 42/86, OG RS No. 13/93, 29/95, 70/00. OG RS No. 77/2008. 8 4. How has the participation of women with disabilities in the development of such laws, programmes /policies been ensured? In the Republic of Slovenia, legislation is prepared in accordance with the principles of the open method of coordination, whereby the competent ministry appoints a working group to prepare the material. Representatives of the interested public are usually invited into this group. In the case of legislation regulating persons with disabilities, these would be the representatives of the National Council of Disabled People's Organisations of Slovenia, which voluntarily connects representatives and other organisations of persons with disabilities working on the national level. Representatives of organisations of persons with disabilities who are not part of the Council are invited as well. A public hearing on the proposed legislation is conducted to allow individuals and organisations to present comments and initiatives. The National Assembly also provides its opinion regarding the legislation issues which is considered by interests groups from particular fields. Prevention and protection 1. What measures/initiatives are in place to combat negative perceptions, stereotypes and prejudices of women and girls with disabilities in the public and private spheres? Slovenia has no specific legislation regulating violence against women and girls with disabilities, but it undertakes to respect the prohibition of discrimination on the grounds of disability in all areas of human life. Association VIZIJA, which implements needed and special supplementary programmes for persons with movement impairment in Slovenia, also carries out a special information and publishing programme that includes periodical publication of the VIZIJA information newsletter and brochures that present its work to the public on the national and local levels. The programme provides persons with disabilities, their family members, and the general public with access to information useful for living, greater awareness and monitoring of changes in the field of legislation. 2. What initiatives exist to inform women and girls with disabilities about their rights, including sexual and reproductive health issues? To what extent do these initiatives address also women in institutions? In Slovenia, responsibility for informing women and girls with disabilities of their rights lies with the Ministry of Labour, Family, and Social Affairs, Government Office for Equal Opportunities, Advocate of the Principle of Equal Treatment, Human Rights Ombudsman of the Republic of Slovenia, organisations of persons with disabilities, humanitarian organisations, and other associations. Association VIZIJA carries out the following special programmes: The HOUSE OF TRUST special social programme Association VIZIJA's priority is ensuring the realisation of the rights of women experiencing family violence. For this purpose, the association carries out the HOUSE OF TRUST special social programme. With specific programme elements it deals with the issue of violence against persons with movement impairment, provides temporary or transitional accommodation in its own living quarters, organises transfers to other safe place at secret locations within the framework of another non-government organisation, provides information on relevant legislation, ensures conditions for the operation of self-help groups and weekend workshops to 9 enable the exchange of experiences, provides education on self-advocacy, and organises discussion groups for raising awareness and prevention activities. The INKO special psychosocial and sociomedical programme for women This programme provides psychosocial and sociomedical assistance and support mainly to women with severe incontinence and helps them buy the needed equipment for eliminating the medical consequences of incontinence and prevent the emergence of skin ulcers in affected areas. A special programme for reducing social exclusion and promoting active ageing of elderly persons with disabilities The purpose of this programme is to help participants solve problems of social exclusion in various areas of life and satisfy the needs of life that they cannot meet themselves and which are not provided by the public sector on the individual level either. The programme also includes work in the area of adapting the living and social environment where architectural and other barriers prevent persons in wheelchairs and other functionally impaired persons from being included in society. A programme for ensuring health maintenance and preventative health care, and orthopaedic equipment for persons with movement impairment The programme provides support and assistance to participants regarding health maintenance, reducing everyday stress and health risks, and educates them about medical self-help at home, how to choose a healthy life style, and risk factors. It also helps them buy or rent the necessary orthopaedic equipment. A programme providing personal assistance and physical help to persons with disabilities The Association does not develop programmes to provide personal assistance at home but to enable persons with disabilities who need personal assistance to participate in other programmes of the Association. It also provides physical help to persons with disabilities who carry out the programmes and activities of the Association. A cultural and educational programme – lifelong learning for persons with disabilities The programme is carried out in the form of training and creative workshops and discussion groups while encouraging individual and group learning. It enables the organisation and viewing of exhibitions, participation in other cultural events, and encourages participants to spread the culture of reading amongst themselves and family members. 3. What programmes/initiatives have been developed to train women with disabilities to develop skills and abilities for economic autonomy and participation in society and to use technological and other aid that lead to greater independence? See the answer to question 2. 4. What measures exist to ensure access by women and girls with disabilities to social protection programmes and poverty reduction programmes? There are no specific measures to ensure access by women and girls with disabilities to social protection programmes and poverty reduction. 5. Please provide information on the other measures (legislative, administrative, juridical or other) aimed at the development, advancement and empowernment of women with disabilities. 10 Slovenian legislation aims to promote economic and other forms of independence of individuals. The key laws in individual areas are: 1. Education Placement of Children with Special Needs Act 22 Elementary School Act 23 Vocational Education Act 24 Scholarships Act 25 Higher Education Act 26 Gimnazije Act 27 Rules on Additional Expert and Physical Assistance to Children and Youth with Special Needs 28 Rules on the Method for Conducting Matura Examinations for Candidates with Special Needs 29 2. Employment and occupational and vocational rehabilitation Employment and Insurance Against Unemployment Act 30 Active Employment Policy Programme for the Period 2007–2013 31 Rules Concerning the Implementation of Active Employment Policy Measures 32 Vocational Rehabilitation and Employment of Disabled Persons Act 33 Rules on Criteria and Procedure to Acquire the Status of a Person with Disability and the Right to Vocational Rehabilitation and to Assess Employment Opportunities of Persons with Disabilities and on Activities of Rehabilitation Commissions 34 Rules on Criteria and Procedure for Determining the Subsidy Amount for Salaries of Disabled Workers 35 3. Social assistance Social Security Act 36 22 OG RS Nos. 54/2000, 118/2006-ZUOPP-A, 3/2007-UPB1, 52/2010 Const. Court Dec.: U-I-118/09-21. OG RS Nos. 12/1996, 33/1997, 54/2000 Const. Court Dec.: U-I-72/96, 59/2001, 71/2004, 23/2005UPB1, 53/2005, 70/2005-UPB2, 60/2006 (63/2006 corr.), 81/2006-UPB3, 102/2007. 24 OG RS Nos. 12/1996, 44/2000, 86/2004-ZVSI, 79/2006-ZPSI-1. 25 OG RS Nos. 59/2007 (63/2007 corr.), 40/2009, 62/2010-ZUPJS. 26 OG RS Nos. 67/1993, 39/1995 Const. Court Dec.: U-I-22/94-15, 18/1998 Const. Court Dec.: U-I-34/98, 35/1998 Const. Court Dec.: U-I-243/95-13, 99/1999, 64/2001, 100/2003, 134/2003-UPB1, 63/2004, 100/2004-UPB2, 94/2006, 119/2006-UPB3, 59/2007-ZŠtip (63/2007 corr.), 15/2008 Const. Court Dec.: U-I-370/06-20, 64/2008, 86/2009, 62/2010-ZUPJS. 27 OG RS Nos. 12/1996, 59/2001, 115/2006, 1/2007-UPB1. 28 OG RS Nos. 25/2006, 60/2006, 8/2008, 58/2011-ZUOPP-1. 29 OG RS Nos. 33/1998, 16/1999, 6/2006 (17/2006 corr.). 30 OG RS Nos. 5/1991 (17/1991 corr., 2/1994 corr.), 12/1992, 12/1993-ZUPDN93, 71/1993, 38/1994, 80/1997 Const. Court Dec.: U-I-343/94, 69/1998, 97/2001-ZSDP, 67/2002, 2/2004-ZDSS-1 (10/2004 corr.), 63/2004-ZZRZI, 79/2006, 107/2006-UPB1, 114/2006-ZUTPG, 59/2007-ZŠtip (63/2007 corr.), 51/2010 Const. Court Dec.: U-I-159/07-22, 80/2010-ZUTD SOP: 1991-03-0223. 31 Available at: www.mddsz.gov.si/fileadmin/mddsz.gov.si/.../apz_2007_2013.pdf (27 October 2011) 32 OG RS Nos. 64/2001, 31/2003, 135/2003, 80/2004, 61/2005, 76/2005, 98/2005, 2/2006, 5/2007. 33 OG RS Nos. 63/2004, 72/2005, 100/2005-UPB1, 114/2006, 16/2007-UPB2, 14/2009 Const. Court Dec.: U-I-36/06-18. 34 OG RS No. 117/2005. 35 OG RS Nos. 117/2005, 40/2008. 36 OG RS Nos. 54/1992 (56/1992 corr.), 42/1994 Const. Court Dec.: U-I-137/93-24, 1/1999-ZNIDC, 41/1999, 60/1999 Const. Court Dec.: U-I-273/98, 36/2000-ZPDZC, 54/2000-ZUOPP, 26/2001, 110/2002ZIRD, 2/2004 (7/2004 corr.), 36/2004-UPB1, 21/2006 Odl.US: U-I-116/03-22, 105/2006, 114/2006ZUTPG, 3/2007-UPB2 (23/2007 corr., 41/2007 corr.), 122/2007 Const. Court Dec.: U-I-11/07-45, 61/2010-ZSVarPre, 62/2010-ZUPJS. 23 11 6. Are there provisions for regular home visits and inspections of medical institutions where women and girls with disabilities are living/receiving treatment? How do these work? As a public service, social work centres provide a help to families for home service. This includes professional counselling and assistance in re-establishing family relationships, in caring for children, and educating the family with regard to performing its daily functions. This service is intended for: individuals and families in cases when social distress results from disturbed family relationships and can only be resolved by changing the inter-family relationships; families who seek professional counselling and help in caring for children; families in which two or more family members need more permanent support and guidance to ensure normal conditions for maintaining and developing the family. Individuals or families must choose this service voluntarily37. Help to families at home is a useful form of assistance and service that offers individuals a temporary alternative to care in an institution, with another family, or through some other organised forms. The services are intended for individuals who can maintain an adequate mental and physical state with occasional organised help and who can function in a familiar living environment and choose this service voluntarily. The following can use this service: persons over 65 years of age; persons with the status of a person with a disability pursuant to the Act Concerning Social Care of Mentally and Physically Handicapped Persons, which gives them the right to assistance and care; chronically ill persons with long-term health impairment who do not have the status of a person with a disability; seriously ill children or children with serious physical or severe and profound mental development disability who are not included in organised forms of care 38. The service is provided by social work centres, residential homes for the elderly, special institutions providing help to families at home, and concessionaires. At the end of 2010, community treatment coordinators in the field of mental health were employed at social work centres. Coordinators are professionals whose task is to provide assistance to persons who no longer require treatment in a psychiatric hospital or controlled treatment, but do need help with psychosocial rehabilitation, daily tasks, arrangement of living conditions, and inclusion into everyday life on the basis of a treatment plan. All tasks are aimed at finding suitable solutions with the purpose of the quickest possible return of the user to their domestic environment (Source: Ministry of Labour, Family, and Social Affairs 39). The Ministry of Labour, Family, and Social Affairs also appoints a representative responsible for protecting rights in the field of mental health. The representative protects the person's rights and acts in their interest and benefits. 37 Public Authorities Catalogue, tasks under the law and services carried out by the social work centres, Community SCW, July 2011. 38 Public Authorities Catalogue, tasks under the law and services carried out by the social work centres, Community SCW, July 2011. 39 Available at: http://www.mddsz.gov.si/si/delovna_podrocja/sociala/dusevno_zdravje/koordinator_obravnave_v_sku pnosti/ (27 October 2011) 12 In addition to the tasks an individual agrees on with their representative in a written authorisation, the representative primarily: informs individuals in an appropriate manner of the right to correspond and use e-mail, the right to send and receive packages, the right to accept visits, the right to use the telephone, and the right to movement; provides individuals specific advice and explains how to exercise their rights; advises individuals on how to exercise their rights; strives to ensure respect for individuals' rights; checks whether records on the limitation of rights as determined in the Mental Health Act, records on the use of special protective measures as determined in the Mental Health Act, and records on treatment with special methods of treatment as determined in the Mental Health Act are being maintained; recommends the implementation of administrative control of the ordering and implementation of a special protective measure. Each representative is appointed for the territory of two psychiatric hospitals (source: Ministry of Labour, Family, and Social Affairs 40). Legislation in the field of personal assistance 41, long-term care, and insurance for long-term care 42 is being prepared. Personal assistance is currently provided by various associations within the framework of social assistance services programmes funded by the Ministry of Labour, Family, and Social Affairs, the Foundation for the Financing of Organisations of the Disabled and Humanitarian Organisations, municipalities, etc. The employment of personal assistants is also enabled by the measures of the active employment policy. In the field of health care, pursuant to Article 27 of the Compulsory Health Insurance Rules 43, in addition to the rights enjoyed by all insured persons, persons with disabilities are also entitled to the following preventative services that insured persons can claim from providers of the basic activity: eight home care visits for a family with an infant under one year of age, two additional visits for infants of blind mothers and mothers with disabilities who have infants under 12 months of age, and one visit in both the child's second and third years; two home care visits per year for blind and visually impaired persons with additional disorders between the ages of 7 and 25 if they are in home care and are not attending school; two home care visits a year for chronically ill persons and persons with severe disabilities who are alone and socially at risk and persons with developmental disorders if they are insured and at least 25 years old. In the field of social assistance and health care, the social and health inspection of all providers of programmes, services, and other activities in the field of social assistance and health care. The Health Inspection Act 44 determines that the Health Inspectorate of the Republic of Slovenia is responsible for protecting public health by performing inspections of the implementation of laws and other regulations and for regulating the state of hygiene of public buildings intended for activities in the fields of child care, schooling, education, hygiene, social 40 Available at: http://www.mddsz.gov.si/si/delovna_podrocja/sociala/dusevno_zdravje/koordinator_obravnave_v_sku pnosti/ (27 October 2011) 41 Draft proposal of the Personal Assistance for Persons with Disabilities Act. Available at: http://www.mddsz.gov.si/si/zakonodaja_in_dokumenti/predpisi_v_pripravi/ (27 October 2011) 42 Draft proposal of the Long-term Care and Insurance for Long-Term Care Act. Available at: http://www.mddsz.gov.si/si/zakonodaja_in_dokumenti/predpisi_v_pripravi/ (27 October 2011) 43 OG RS Nos. 30/2003 (35/2003 corr.), 78/2003, 84/2004, 44/2005, 30/2011. 44 OG RS Nos. 99/99, 110/01 - ZGO-1, 2/04, 36/04-UPB1, 47/04 - ZdZPZ, 39/06, 59/06-UPB2. 13 care, sports and recreation, trade, culture, and temporary housing in the event of natural disasters and evacuations. The Social Security Act 45 (Article 102) determines the tasks of the social inspectorate. According to this act, the control over the work of public social welfare institutions, concessionaires and other legal or natural persons providing social assistance services on the basis of authorisation for work is organised and performed by the social inspectorate within the framework of a body incorporated in the ministry responsible for social assistance. 7. What measures have been adopted to provide information and education to women and girls with disability and their families, caregivers and health providers and how to avoid, recognize and report instances of exploitation, violence and abuse? Various associations and some public institutions (social work centres, the Government Office for Equal Opportunities) carry out prevention programmes entailing counselling and informing people about violence, carry out workshops and consultations, and give lectures about laws that enable problems with violence to be resolved, raise awareness, inform the interested public of the existing assistance and services network for resolving family violence, organise actions for raising public awareness, etc. Information about assistance and services for resolving family violence is available at the Association's offices and social work centres within the framework of first social aid services. First social aid helps individuals to recognise and define social distress or problems, and evaluate possible solutions, and acquaints them with all possible forms of services and pertaining benefits and obligations, as well as with the network and programmes of service providers 46. The field of family violence is regulated by the Family Violence Prevention Act 47. The act defines the notion of violence in families, the role and tasks of state authorities, holders of public authority, public service contractors, authorities of self-governing local communities, as well as non-government organisations taking part in consideration of family violence, and determines the actions for protecting the victims of family violence. On the basis of this Act, the Resolution on the 2009–2014 National Programme on the Prevention of Family Violence 48 was adopted on 27 May 2009. To prevent violence in families and to protect as well as provide aid to victims there are other actions that shall be taken as defined by other acts and regulations issued on their basis besides the actions, which are defined by this act, namely: Rules on the Organization and Work of Multidisciplinary Teams and Regional Services and on Actions of the Social Work Centres in Dealing with Domestic Violence 49 , Rules on the Treatment of Domestic Violence for Educational Institutions 50 , Rules on Procedures for Dealing with Domestic Violence in the Implementation of Health Activities 51 , 45 OG RS Nos. 54/1992 (56/1992 corr.), 42/1994 Const. Court Dec.: U-I-137/93-24, 1/1999-ZNIDC, 41/1999, 60/1999 Const. Court Dec.: U-I-273/98, 36/2000-ZPDZC, 54/2000-ZUOPP, 26/2001, 110/2002ZIRD, 2/2004 (7/2004 corr.), 36/2004-UPB1, 21/2006 Odl.US: U-I-116/03-22, 105/2006, 114/2006ZUTPG, 3/2007-UPB2 (23/2007 corr., 41/2007 corr.), 122/2007 Const. Court Dec.: U-I-11/07-45, 61/2010-ZSVarPre, 62/2010-ZUPJS. 46 Public Authorities Catalogue, tasks under the law and services carried out by the social work centres, Community SCW, July 2011. 47 OG RS No. 16/2008. 48 OG RS No. 41/2009. 49 OG RS No. 31/2009. 50 OG RS No. 104/2009. 14 Rules on Cooperation between the Police and other Authorities in the Detection and Prevention of Domestic Violence 52 . The Family Code 53 , which redefines the notion of family violence, is in the legislative process. 8. What are the means to report violence against women and girls with disabilities in different settings including medical centres and institutions? To what extent are these known and accessible? In the context of the Resolution on the 2009-2014 National Programme on the Prevention of Family Violence, a wide media campaign is being implemented in Slovenia, involving a variety of bodies. We strive for zero tolerance to domestic violence against women and children. The basic purpose of the national programme is to direct the efforts of state institutions and civil society towards creating the conditions and circumstances that enable the inhabitants of the Republic of Slovenia to live in a safe environment and lead a quality and efficient individual and family life. One of the important objectives of the national programme is to raise general sensitivity towards the problems of violence, particularly if children within a family are exposed to such violence. The objectives are: 1. to decrease family violence and violence in society in general; 2. to increase sensitivity to the problems of family violence; 3. to ensure harmonised action of the competent bodies and organisations; 4. to encourage diversity, uniform accessibility, development and quality implementation of victim assistance programmes; 5. to encourage diversity, uniform accessibility, development and quality implementation of programmes of working with the perpetrators of violence; 6. to ensure systematic awareness raising among children, youth and adults of their basic human rights and duties as well as education for life in a violence-free society, for harmony among generations and for respect of all people; 7. to encourage the awareness of those who are exposed to family violence about the types of assistance available, ensuring their accessibility across the country; The Ministry of the Interior has set up a contact point for anonymous e-reporting, which is also intended for cases of domestic violence. In addition, a campaign targeting the widest public is being implemented. "We wish to give a loud and clear message to the women, who are most often the victims of domestic violence, that they should not feel guilty, that they have done nothing wrong, and that they should not be ashamed of the situation but seek help instead. Various brochures that have been prepared to this purpose include basic information on the types of assistance available. Furthermore, the campaign informs that official institutions and NGOs can offer a great deal of assistance, but they need to be notified. This is why we appeal to the public to report violence to the police, and to the victims of violence not to be afraid to call the police or seek help from the NGOs, which provide assistance and counselling to the victims of violence. They can be the ones to inform the victims about the legal remedies available and tell them that they can leave for good the environment where they have been experiencing violence." 51 OG RS No. 38/2011. OG RS No. 25/2010. 53 Available at: http://www.mddsz.gov.si/si/zakonodaja_in_dokumenti/predpisi_v_pripravi/ (27 October 2011) 52 15 9. To what extent are public institutions, such as police stations and hospitals, accessible to women and girls with disabilities? In 2010 the Equalisation of Opportunities for Persons with Disabilities Act was adopted in Slovenia, which entered into force on 11.12.2010. The act among other prohibits discrimination on the basis of disability in accessing public buildings and facilities and introduces the obligation of adapting public buildings and facilities (during construction or renovation) to allow access to those with disabilities. The deadline to adapt public buildings and facilities (the removal of construction and communication obstacles) is defined in Article 38, stipulating that the investor must remove the obstacles during the first renovation of the building, but no later than within 15 years of the entry into force of the act. The police pay a great deal of attention to this issue, having taken all of the above into consideration with all newly constructed police buildings as well as in major maintenance and repair works that have been done in the last ten years. In accordance with the act we intend to adapt access to police buildings where this still has to be done during the first renovation, in order to allow access to those with disabilities (speciallymarked parking spaces, setting up a ramp in units where there is no one-level access to the building). The accessibility of public buildings, such as police stations and hospitals, is regulated by: Spatial Planning Act 54 , Construction Act 55 and Rules on the Requirements for Free Access to, Entry to and Use of Public Buildings and Facilities and Multi-apartment Buildings 56 . The surmounting of architectural barriers is also regulated by the Equalisation of Opportunities for Persons with Disabilities Act 57. All newly constructed public buildings must be accessible to every person. The legislation also prescribes the deadlines for the comprehensive regulation of this area. In 2008, a survey was conducted among persons with disabilities and organisations of persons with disabilities within the framework of the research study Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective (the Social Protection Institute of the Republic of Slovenia and the Urban Planning Institute of the Republic of Slovenia 58), in which the respondents reported any architectural and communication barriers in Slovenia that they had encountered. The accessibility of public buildings in the field of health care and social assistance 54 OG RS Nos. 110/2002 (8/2003 corr.), 58/2003-ZZK-1, 33/2007-ZPNačrt, 108/2009-ZGO-1C, 79/2010 Const. Court Dec.: U-I-85/09-8, 80/2010-ZUPUDPP (106/2010 corr.). 55 OG RS No. 110/2002, amendments: OG RS No. 97/2003 Const. Court Dec.: U-I-152/00-23, 41/2004-ZVO-1, 45/2004, 47/2004, 62/2004 Const. Court Dec.: U-I-1/03-15, 102/2004-UPB1 (14/2005 corr.), 92/2005-ZJC-B, 93/2005-ZVMS, 111/2005 Const. Court Dec.: U-I-150-04-19, 120/2006 Const. Court Dec.: U-I-286/04-46, 126/2007, 57/2009 Const. Court Res.: U-I-165/098, 108/2009, 61/2010-ZRud-1 (62/2010 corr.), 20/2011 Const. Court Dec.: U-I-165/09-34. 56 OG RS Nos. 97/2003, 77/2009 Const. Court Dec.: U-I-138/08-9. 57 OG RS No. 94/2010. 58 KOBAL TOMC, Barbara et al. Dostopnost grajenega in komunikacijskega okolja kot predpogoj za socialno vključevanje invalidov: uporabniška perspektiva (Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2008. 16 In the field of health care and social assistance services, persons with disabilities encounter somewhat fewer architectural barriers and slightly more communication barriers. The most barriers are found in social work centres, followed by safe houses and maternity homes, while communication barriers are mainly present in hospitals and community health care centres. The most frequent architectural barriers are found in buildings where health care and social assistance services are provided, are stairs, unsuitable toilets, and unsuitable entrances and exits from buildings and spaces. Respondents also mentioned unadapted equipment in buildings and spaces, unadapted diagnostic equipment, and the inaccessibility of buildings. As a communication barrier, respondents noted unsuitable and hindered communication with various staff, also due to glass windows and counters being set too high. They also noted the lack of empathy, kindness, and tolerance of staff towards persons with disabilities (Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective, 2008 59). The accessibility of institutions in the field of state administration Persons with disabilities most frequently encounter architectural barriers at the offices of Pension and Invalidity Insurance Institute and employment units, while the most barriers encountered in courts and tax offices. As to communication barriers, courts and tax office the least friendly towards persons with disabilities. The majority of the respondents do encounter communication barriers at state administrative offices and municipalities. the are are not In the field of the accessibility of the state administration services, the problem that appears in the built environment is the inaccessibility of individual spaces and buildings in general (stairs, a lack of elevators), difficult entrances and exits, unsuitable doors (too narrow and made of glass), while toilets are rarely adapted for persons with disabilities. Car parks in front of buildings are not proper either. A significant communication barrier is the lack of interpreters, the rudeness of staff, writing that is too small, audio devices and subtitles are too few, etc. Contact windows are dimmed and too high, bells are also problematic (Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective, 2008 60). 10. Are there shelters for women victims of violence? To what extent are they physically accessible to women with disabilities? According to the data of the Association of the Physically Disabled of Slovenia VIZIJA following are currently available for persons with disabilities: safe houses and shelters. 61, the The Association of the Physically Disabled of Slovenia VIZIJA carries out the House of Trust special social programme. The assistance offered by the Association also includes: accommodation for women experiencing violence in the living quarters of the House of Trust; material help for victims of violence with no income and for those who are socially at risk and have special needs, psychosocial, and other needed help. Within the programme, workshops and lectures on the issue of violence aimed at raising awareness are also organised. Other safe houses and shelters are not adapted for persons with disabilities. Data from the research study Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective (the Social Protection Institute of the Republic of Slovenia and the Urban Planning Institute of the Republic of 59 KOBAL TOMC, Barbara et al. Dostopnost grajenega in komunikacijskega okolja kot predpogoj za socialno vključevanje invalidov: uporabniška perspektiva (Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2008. 60 KOBAL TOMC, Barbara et al. Dostopnost grajenega in komunikacijskega okolja kot predpogoj za socialno vključevanje invalidov: uporabniška perspektiva (Accessibility of the Built and Communication Environment as a Precondition for the Social Inclusion of Persons with Disabilities – the User's Perspective), Ljubljana, Social Protection Institute of the Republic of Slovenia, 2008. 61 Letter of the Association of Physically Disabled of Slovenia VIZIJA from 25 October 2011. 17 Slovenia, 2008) show that the most barriers are found in social work centres, followed by safe houses and maternity homes. The most frequent architectural barriers in these buildings are: stairs, unsuitable toilets, and unsuitable entrances and exits from buildings and spaces. Prosecution and punishment 1. Are there disaggregated statistics on crimes against person with disabilities? The Ministry of the Interior, the Police, and the General Police Directorate do not keep any systematic records of violence against persons with disabilities, nor are such records kept by the social work centres. For orientation purposes Police is providing data on some criminal offences from the period 2008-2010 with women as victims: Year 2008 2009 2010 Criminal offences against life and limb: Manslaughter 6 6 7 Murder 3 9 8 Actual Bodily Harm 481 553 569 Aggravated Bodily Harm 24 52 45 Criminal offences against sexual integrity: Rape 56 76 63 Sexual Violence 55 65 66 Sexual Abuse of Defenceless Person 16 17 17 Criminal offences against marriage, family and youth: Family Violence 108 2252 2155 Neglect and Maltreatment of a Child 176 360 361 According to the data of the Association of the Physically Disabled of Slovenia VIZIJA, in the period between 2008 and 2011, four persons with disabilities were treated due to violence in safe houses and shelters, while organisations of persons with disabilities treated 73 persons in the same period. Details are available in the table below. DATA ON DEALING WITH VIOLENCE AGAINST PERSONS WITH DISABILITIES Seq. No. Public sector, organisation of persons with Data on dealing with violence against disabilities persons with disabilities in the period 2008–2010 POLICE 1 Ministry of the Interior, Police, General The Police do not keep any records Police Directorate, Criminal Police and do not collect any data on Directorate violence against persons with disabilities. 2 Police Directorate Celje, Police Station A message saying that the General Velenje Police Directorate is responsible for providing data on dealing with 18 3 Police Directorate Celje, Police Station Laško 4 Police Directorate Celje, Police Station Celje 5 Police Directorate Celje, Police Directorate Rogaška Slatina 6 Police Directorate Celje, Police Station Šmarje pri Jelšah 7 Police Directorate Celje, Police Station Rogatec TOTAL: violence No statistical data is recorded that shows the number of instances of dealing with violence against persons with disabilities. The Police do not keep any records and do not collect any data on violence against persons with disabilities. No reports of instances of dealing with violence against persons with disabilities One instance of dealing with violence against a women with disabilities perpetrated by her partner No instances of dealing with violence against persons with disabilities 1 SOCIAL WORK CENTRE (SWC) 1 SWC Idrija 2 SWC Nova Gorica 3 SWC Radovljica 4 SWC Šmarje pri Jelšah 5 SWC Maribor 6 SWC Gornja Radgona 7 SWC Cerknica 8 SWC Piran 9 SWC Jesenice 10 SWC Šentjur SWC does not keep any disaggregated records on dealing with violence against persons with disabilities Two instances of dealing with violence against a person with disabilities SWC does not keep any disaggregated records on dealing with violence against persons with disabilities Five women with disabilities (two with movement impairment, three with mental and physical disorders) Data on seven regional centres: no disaggregated records are kept. Ten persons with various disabilities, recorded according to memory. One instance of indirect family violence against a child in a wheelchair, with the mother being the direct victim of the violence No records of reports of violence against persons with disabilities One instance of dealing with violence against a person with disabilities No instance of violence against a person with disabilities Four persons with the status of persons with disabilities pursuant to the Act Concerning Social Care of Mentally and Physically Handicapped Persons 19 11 SWC Pesnica 12 SWC Ljubljana Šiška TOTAL: One instance of detected violence against a person with a disability A few reports of violence against elderly persons and persons with a mental health disorder 24 persons SAFE HOUSES AND SHELTERS 1 2 3 4 Safe House of Gorenjska Safe House of Gorenjska Safe House of Maribor SOS Help Line Shelter TOTAL: No users with disabilities No users with disabilities Two persons with disabilities Two persons with disabilities 4 persons ORGANISATIONS FOR PERSONS WITH DISABILITIES 1 Federation of Disabled Workers of Slovenia: Association of Persons with Disabilities Celje Association of Persons with Disabilities Radlje ob Dravi Association of Persons with Disabilities Slovenske Konjice Association of Persons with Disabilities Grosuplje (2005–2010) Association of Persons with Disabilities Nova Gorica Association of Persons with Disabilities Ljubljana-Center Association of Persons with Disabilities Novo Mesto Association of Persons with Disabilities Trbovlje Association of Persons with Disabilities Žalec 2 YHD – Association for Theory and Culture of Handicap 3 Association of Persons with Disabilities – Forum Slovenia Paraplegics Association of Slovenia 4 5 Association VIZIJA: - Celje area - Ptuj area - Ljubljana area Approximately 20 instances One instance One instance Nine instances One instance Nine instances 37 reports, 20% of which were reports of violence against persons with disabilities Two instances Five instances Five instances of violence in the period 2008–2010 (against four women and one man) No instance of violence against persons with disabilities Some reports of violence against paraplegics and tetraplegics, but unfortunately no exact data One instance One instance Three instances 20 - Slovenska Bistrica area - Slovenske Konjice area - Maribor area - Rogatec area - Ilirska Bistrica area - Izola area - Črnomelj area One instance One instance One instance One instance One instance One instance One instance TOTAL: 73 persons TOTAL FOR THE PERIOD 2008–2010 on 102 dealing with violence against persons with disabilities Source: Association of the Physically Disabled of Slovenia VIZIJA 2. Please provide information on the total amount of registered complaints for violence against women and girls with disabilities? Of the total amount how many were dismissed? What were the main reasons for dismissal? Of the cases that were prosecuted, how many resulted in convictions? The police do not keep a separate record of complaints for violence against women and girls with disabilities. If there is suspicion of a criminal offence, the police collect information and evidence on a reported event pursuant to the Criminal Procedure Act. Individual investigated criminal offences against women (not only women with disabilities) have been presented in the answer to the previous question. 3. What system is in place to ensure legal aid for women and girls with disabilities who have been victims of violence? Pursuant to the Family Violence Prevention Act: - bodies and organisations are obliged to take all procedures and measures necessary to protect a victim depending on the level of threat as well as to protect their interests and ensure the respect for their integrity. If the victim of violence is a child, the rights of the child take precedence over the benefits and rights of other participants in the procedure. - Bodies, organisations and NGOs that during the course of their work learn about circumstances based on which it can be concluded that violence is taking place, are obliged to immediately inform a social work centre, except in cases where the victim expressly opposes this and there is no suspicion of a criminal offence that must be prosecuted ex officio. Everybody, especially professional staff in health care and staff in educational institutions and nurseries, must, irrespective of the provisions on the protection of professional secrecy, immediately inform a social work centre, police or public prosecutor's office of any suspicion of a child being the victim of violence. - In 2005 Slovenia also adopted the Crime Victim Compensation Act, which governs the right to compensation for victims of intentional acts of violence and their close relatives, as well as the procedure of exercising those rights and the bodies taking decisions and participating in decision-making procedures concerning such rights. 4. What special measures have been envisaged in legislation and practices for victims and witnesses with disabilities? There are no special measures envisaged for victims with disabilities, except what has been mentioned under question "What specific policies/programmes are in place to prevent and address violence…" As regards witnesses of such offences, the Criminal Procedure Act 21 provides for the anonymity of a witness, provided that statutory requirements are fulfilled, if disclosure of individual personal data or full identity of a witness could result in serious threat to their life or limb or the life or limb of their close relative. Provided that statutory requirements are fulfilled, witness anonymity can also be ensured pursuant to the Witness Protection Act, adopted in 2007. 5. What specific training is conducted for law enforcement and legal personnel on the rights of women and girls with disabilities and effective ways to communicate with them? According to the Family violence prevention Act the practitioners working with the authorities, and organizations who are responsible for performance of functions in the field of violence, must in the framework of lifelong education, improvement and training regularly educate themselves in the field of violence. Responsible persons with the authorities and organizations as well as nongovernmental organizations are obliged to provide training for all practitioners who in the framework of their work deal with victims or perpetrators of violence. Judiciary sphere is not obliged to educate their officials about the issue on violence as other institutions (the police, social work centres, health and education institutions). Judiciary are only given the option as to whether they educate themselves or not. In compliance with the Resolution on the National Programme on the Prevention of Family Violence and the Family Violence Prevention Act, Rules on cooperation between the Police and other authorities and organisations in detecting and preventing domestic violence were adopted in 2010. These rules among other set forth rules and procedures of notification and cooperation between the police and bodies and organisations in processing cases of family violence, as well as regulate training of police officers and criminal investigators in the area of family violence. In this regard, regular training courses for police officers and criminal investigators are organised in the area of the investigation and prevention of crimes of family violence with a view to providing professional assistance and counselling in investigating such crimes. Recovery, Rehabilitation and Social Reintegration 1. What measures (legislative, administrative, social, educational or other) are in place to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of women and girls with disabilities who have been victim of any form of exploitation, violence, abuse? Recovery, rehabilitation, and social reintegration of the whole population of women and children is carried out within the framework of social security programmes and services, which are for the most part funded by the Ministry of Labour, Family, and Social Affairs and the Foundation for the Financing of Organisations of the Disabled and Humanitarian Organisations. These comprise the programmes of safe houses and maternity homes, shelters, crisis centres, therapeutic psychosocial help programmes, counselling centres, and SOS help lines. 22