National Human Rights Institutions as a tool to protect minorities The Case Study of the Human Rights Ombudsman of the Republic of Slovenia

This thesis examines the role of National Human Rights Institutions (NHRIs) in safeguarding minority rights, with a specific focus on the Human Rights Ombudsman of the Republic of Slovenia (HRO). It analyses the standards for NHRIs, including the Paris Principles. It also provides an overview of recommendations from international and regional special procedures, mandates, and bodies that focus on minority rights, outlining how NHRIs should engage in the protection of these rights. The thesis then provides an overview of the protection of minority rights in Slovenia, suggesting that the Italian and Hungarian minorities enjoy a high level of protection while the rights of the socially and physically marginalised Roma community are not implemented adequately. Moreover, there are also other de facto minorities without a proper status and legal framework. The case study of the HRO analyses the engagement of the institution with minority issues through its advisory functions, quasi-judicial powers, monitoring activities, collaboration with international and regional human rights bodies, and efforts to improve accessibility for minority communities. The thesis aims to identify best practices and show limitations. These limitations include the non-binding nature of the Ombudsman’s recommendations, lack of enforcement power, and political resistance to implementing concrete change. The findings underscore the need for NHRIs to strengthen their engagement with minorities through their functions, such as legal and policy advice to state bodies, complaints handling, suo motu investigations, pluralistic representation, increased visibility, and stronger collaboration with international monitoring bodies. In future, regional and international NHRI networks, as well as UN and regional minority institutions, should develop specific guidelines on minority protection to harmonise approaches and encourage best practices.