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25.11.2016

The Ombudsperson published the Report concerning the violation of dignity and the right of pensioners to pensions

Ombudsperson’s Ex Officio Report with Recommendations has been delivered today to the Ministry of Labor and Social Welfare, concerning the violation of dignity and the right of pensioners to pensions.

The Report has to do with the imposition to pension users to report every six (6) months with the competent body of MLSW, in order to avoid the termination of their pensions and is based on “Koha Ditore” article of 30th of May 2016.

The purpose of this Report is to draw attention of the Assembly of the Republic of Kosovo and Ministry of Labour and Social Welfare (MLSW) regarding the indispensability of the protection of human dignity of pensioners as a result of the reporting procedures deriving from the Law on Pension Schemes financed by the State (Law no. 04/L-131) and Administrative Instruction (MLSW no. 05/2015).
The Report treats the indispensability of the protection of human dignity of pensioners of the Republic of Kosovo and the pensioners’ right, as a result of reporting procedures deriving from the Law on Pension Schemes financed by the State (Law no. 04/L-131) and Administrative Instruction (MLSW No. 05/2015) based on analyses of international standards and national legislation.

The Ombudsperson ascertains that by doing this, human dignity has been violated; a right which is guaranteed by the Constitution, and reduction or the suspension of the rights to pension constitutes intervention in the right to peaceful enjoyment of the property, qualifying this legal measure as discriminatory and measure that violates pensioners’ dignity and is opposite with the effect that the law tried to provide in principle.

Therefore, with the intention to protect pensioners’ dignity and the possibility to peaceful and unobstructed enjoyment of their rights, the Ombudsperson recommends to the MLSW to initiate procedures for amending Law on Pension Schemes financed by the State, in order to repair violations against pensioners, as well as to functionalise its verification sources in relation to the pensioners’ status through other forms as well, as were analysed in this Report and make a public announcement for procedures amended.

Full Report with Recommendations is available for the public in OI official web page and the same is disseminated to media.
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