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1
. "1022 Jaarverslag 2004 Nationale Ombudsman." Zorg en Financiering 4, no. 7 (July 2005): 31–32. http://dx.doi.org/10.1007/bf03091140.
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de Winter, Paulien, and Bert Marseille. "Vijf voorwaarden voor een overtuigend gebruik van de Behoorlijkheidswijzer van de Nationale ombudsman." Tijdschrift voor Klachtrecht 15, no. 3 (September 2022): 3–7. http://dx.doi.org/10.5553/tvk/1871-41022022018003002.
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3
Surovtseva, Iryna. "Improvement of the system of social work through activation ombudsman." Social work and social education, no. 1(6) (April 15, 2021): 52–58. http://dx.doi.org/10.31499/2618-0715.1(6).2021.234132.
Повний текст джерелаАнотація:
The article is devoted to the partnership of social workers and ombudsmen as an influential tool for the citizens' rights protection. The common aspects of professional activity of social workers and ombudsmen in the citizens' rights protection of Ukraine and European countries are analyzed. Analyzed the annual reports of the National Ombudsman, clarified the dynamics of the receipt of citizens' reports about violations of their rights. There is a growing number of human rights violations in the field of social protection. The ombudsman has the right to make recommendations to the central executive bodies, which are ripe after the monitoring visits. Through the activities of social workers and the ombudsman, the state assumes the main functions of ensuring human rights in the social sphere.
Foreign experience on the significant role of «natural allies» (social workers and ombudsmen) in drafting a formal protocol of strategic and tactical cooperation to optimize the residents' interests based on a friendly advisory approach have been highlighted.
Most often, social workers and ombudsmen are forced to act as intermediaries between people and the state or other bodies to uphold justice and provide protection in cases where measures taken by the state in the interests of society as a whole threaten the rights and freedoms of individuals or groups. There is a need to intensify cooperation between the ombudsman's offices, social protection departments and social service providers (for example, through the joint Commissions on the quality of social services establishment, joint investigations into unsatisfactory social or medical care complaints). It seems relevant to expand the positions of specialized ombudsmen (for social protection (security), military ombudsman) as independent officials in communities (municipalities) for Ukraine.
4
Laffranque, Julia. "The Ombudsman in the Eyes of the European Court of Human Rights." Juridica International 29 (December 31, 2020): 95–107. http://dx.doi.org/10.12697/ji.2020.29.09.
Повний текст джерелаАнотація:
While the work of an Ombudsman (whether a national or the European Ombudsman) and the European Court of Human Rights might seem relatively different, the rule of law, democracy, transparency and access to documents, issues such as migration, and many more fundamental rights-related topics are at the focus of both institutions. The common goal for both, Ombudsmen in Europe and the Court, is to guarantee flawless protection of human rights. The article, via a thus-far unique closer look at the ECtHR case law related to Ombudsmen with regard to institutional, procedural, and substantial issues, examines how Ombudsmen and the Court can contribute, in co-operation with each other, to more effectively serving that common goal. Beyond the particularities of each specific case, the jurisprudence of the ECtHR does not consider the Ombudsman institution to be an effective remedy in general within the meaning of Article 35, §1 ECHR. Neither does a complaint to the Ombudsman usually constitute an effective remedy for the purposes of Article 13 ECHR, except in certain exceptional scenarios of fact wherein judicial remedies are unavailable. There may one day be a necessity to accept the Ombudsman as an applicant in a case before the ECtHR on behalf of the victim of a human rights violation. It would be welcomed to encourage Ombudsmen to intervene as a third party before the Court. The Ombudsman can in certain situations go further and make human-rights-friendly interpretations even if the situation does not in itself represent a violation of the minimum standards set by the ECHR. The conditions for a fair trial as stated in Article 6 ECHR and the case law of the ECtHR are applicable to the procedure before the Ombudsman if the latter determines the applicant’s civil rights and obligations, including (to a certain extent) dealing with administrative cases as covered by the case law of the ECtHR under Article 6 ECHR, and possibly in cases in which the Ombudsman could in some way determine criminal charges. On one hand, Ombudsmen use the case law of the ECtHR in their work and play an important role in enforcing the principles of the ECtHR judgments in practice. On the other hand, the ECtHR uses the work done by Ombudsmen in its judgments. References to findings of Ombudsmen are made (although mostly in the facts part, on a few occasions also under the findings in the judgments of the Court). In these cases, the Court is indirectly giving the Ombudsman’s work legal value. Ombudsmen should be not only a bridge between citizens and administration but also an intermediary between citizens and other human rights protection bodies in Europe. It is vital to strengthen the dialogue between the Ombudsmen and the ECtHR. Human rights are not a luxury, and the independence of Ombudsmen and courts is not their privilege but serves those who are searching for justice. Neither should one forget the ‘middle class’: the ordinary people who need protection, not only the weak and those belonging to minority groups. It is important that Ombudsmen and the Court also contribute to the development of human rights culture and raise human rights awareness.
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RIABUSHCHENKO, Danylo. "Institute of ombudsman in the mechanism of personal rights protection: national and foreign aspects." Economics. Finances. Law 12/1, no. - (December 24, 2021): 34–40. http://dx.doi.org/10.37634/efp.2021.12(1).6.
Повний текст джерелаАнотація:
Introduction. It is established that the fundamental task of any democratic and legal state is to ensure and protect legal human rights and freedoms and the additional formation and implementation of effective guarantees of adequate protection, the creation of an effective human rights system. One of the elements of this system is the institution of the ombudsman. As an object of the European legal tradition, the institution of ombudsman has gradually become established in Eastern Europe, including Ukraine. The purpose of the paper is analysis and determination of the peculiarities of the ombudsman institution at the national and foreign level. Result. Emphasis is placed on the key historical preconditions for the emergence of the ombudsman institution and trends in the further general spread of this structure. An exhaustive definition of the term “ombudsman” is defined and the most characteristic features and features of the institute are characterized, through the prism of national and foreign point of view. Some types and forms of the ombudsman institution are indicated and the set of rights and powers of the respective official is established, depending on the country of the world. In addition, the article describes the requirements for candidates for the position of ombudsman. Emphasis is placed on the importance of such an institution as specialized ombudsmen. The comments and recommendations of qualified scientists on improving the functioning of the ombudsman institution in the domestic realities are analyzed. The forms of response of the Verkhovna Rada Ombudsman for Human Rights were emphasized, in particular, the constitutional submissions of the Ombudsman and the submissions of the Ombudsman. Such a special form of activity of the Ombudsman is described as annual and special reports, which are quite important. Statistics on the effectiveness of the Verkhovna Rada Ombudsman for Human Rights and indicators of implementation of the Ombudsman's Office's recommendations by public authorities are presented. Conclusion. The system of the Commissioner is a litmus test that indicates the level of development of a democratic society and the state, which is determined by the full provision and realization of their rights by the individual and the normative enshrinement of various guarantees for protection of these rights by the state. However, in the domestic reality there is a need to modernize the ombudsman institution for its more efficient functioning.
6
Souza, Rosa Maria Pinheiro, Patricia Pol Costa, and Francisco Gastón Salazar Muñoz. "SUS Ombudsman offices and the Brazilian Public Health School Network: a novel experience." Saúde em Debate 46, spe4 (November 2022): 152–65. http://dx.doi.org/10.1590/0103-11042022e412i.
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ABSTRACT This experience report aimed to analyze the vocational education of ombudsmen in the Unified Health System (SUS). This project was a partnership between the Sergio Arouca National School of Public Health (ENSP/FIOCRUZ), the Brazilian Network of Public Health Schools (RedEscola), and the SUS Strategic and Participatory Management Secretary (SGEP/MS). Considered pioneering, the vocational education was developed within the logic of a participatory process which involved municipal, state and national actors from SUS Ombudsman offices, state public health institutions/schools, the National Council of Municipal Health Secretaries (CONASEMS), and the RedEscola’s Technical and Executive Secretary in a consensual governance articulation resulting in the qualification of 451 ombudsmen.
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Doğan, Kadir Caner, and Bekir Parlak. "On Local Governments Ombudsman in Turkey: A Comparative Analysis with the Local Governments Ombudsman in Uk and Italy." Revista de Gestão Social e Ambiental 18, no. 7 (April 4, 2024): e05361. http://dx.doi.org/10.24857/rgsa.v18n7-005.
Повний текст джерелаАнотація:
Objective: The Ombudsman is essentially an independent, national-level institution that operates in response to complaints from citizens in order to steer public administrations away from bad administrative practices and behavior. However, it is impossible for an ombudsman with such a broad mandate at the national level to deal with all administrative complaints within the state. Therefore, in order to get more efficiency from the national Ombudsman, it has been divided into different sub-types. Theoretical Framework: One of these is the Ombudsman for local governmentrs, which deals only with complaints from local administrations. Although there is a national ombudsman in Turkey, there is no ombudsman specialized in local governments. Method: This study aims to make some suggestions for the Ombudsman for local governments envisaged to be established in Turkey in the future by analyzing the local governments ombudsman offices in the UK and Italy in terms of their structural-institutional and functional aspects. In this context, the study, with a comparative approach, provides suggestions for the basic aspects, qualities and characteristics of the Turkish local government ombudsman and, thus, for its structural-institutional and functional aspects. The method of the research is literature review. Results and Discussion: According to the results of this research; Establishing an ombudsman for local governments in Turkey by law, cooperating with other ombudsmen in the vicinity, examining and correcting the mismanagement and bad behavior of local governments upon public demand, ensuring easy and cheap access, fulfilling their duties, and quickly and systematically addressing the faults of local governments. Warning, making suggestions, preparing reports and then reporting the situation to local decision-making boards and the public will be effective in providing public services more effectively and efficiently and strengthening local democracy. Originality/value: In the study, original suggestions are made for local government ombudsman in Turkey, based on the examples of UK and Italy.
8
Kalinina, E. G. "Implementation of the principles of open government within the ombudsmen's activity (foreign practices)." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 193–203. http://dx.doi.org/10.17803/2311-5998.2021.80.4.193-203.
Повний текст джерелаАнотація:
In many states, the implementation of the principles of open government is defined as the current common trend and political challenge since it includes the procedure of administrative reform, revising the regulations for public officials for better trust between the government and society. Pursuing the mechanism of open government, states adopt national plans, introduce specialized bodies, although often the process of implementing the principles of public administration and control over this process is entrusted directly to the bodies — participants in the experiment. At the same time, ombudsman institutions, which are represented in many countries, has all the initial prerequisites to play an essential role in the open government. The mission that ombudsmen can complete in open government is twofold. On the one hand, as an institutional entity within the state, ombudsman can apply all the principles of open government in his activities, which as close as possible to the philosophy of the principles of openness, transparency, accountability. In this case, ombudsman can serve as a testing ground or an example of the successful implementation of principles for other bodies in the state. On the other hand, ombudsman, by virtue of their direct powers, is entitled to monitor problems in public administration and participate in the implementation of administrative reform. The article describes the foreign practices of involving ombudsmen in open government process.
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Creutzfeldt, Naomi. "What do we expect from an ombudsman? Narratives of everyday engagement with the informal justice system in Germany and the UK." International Journal of Law in Context 12, no. 4 (November 9, 2016): 437–52. http://dx.doi.org/10.1017/s1744552316000203.
Повний текст джерелаАнотація:
AbstractThis paper looks at expectations people have of informal justice mechanisms through a rich empirical dataset of 2,775 recent ombudsman users in Germany and the UK. In a cross-cultural comparison, the ombudsman as a model of justice is explored. Not much is known about people's expectations of the ombudsman model; this paper starts to fill the gap. Four roles became apparent in cross-cultural narratives in the dataset: people who interact with ombudsmen expect them to be interpreters, advocates, allies and instruments. The identified roles are largely common to both countries, but in some aspects they show national specificities. These national specificities are seen mainly in the use of language; in Germany, it is more legalistic in comparison to the UK. I argue that this might be related to what has been described as the general legal culture of each country and the institutional set-up.
10
Larichev, A. A. "Ombudsmen in the field of local government: the experience of legal regulation and activities in the Anglo-Saxon States." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 185–92. http://dx.doi.org/10.17803/2311-5998.2021.80.4.185-192.
Повний текст джерелаАнотація:
This article examines the experience of legal regulation and the activities of ombudsman offices in the field of local government in the Anglo-Saxon states. The author notes that institutionally this mechanism depends on the form of state structure, functioning either at the national or regional level, although recently the offices of the municipal ombudsman, have also been appearing. The request for the development of the ombudsman's control over municipal institutions is determined, inter alia, by the peculiarities of the corporate model of local government, which increases the opacity of the activities of municipal bodies. The author singles out a number of specific features of the Anglo-Saxon experience in the area under consideration, concerning primarily the functional component of the ombudsman's status, which are of interest for further study and possible reception.
11
Martselіak, O. V. "The military ombudsman as an institutional guarantee for the protection of military personnel rights (based on foreign experience)." Uzhhorod National University Herald. Series: Law 1, no. 81 (March 27, 2024): 131–37. http://dx.doi.org/10.24144/2307-3322.2024.81.1.20.
Повний текст джерелаАнотація:
The article draws attention to the fact that today, in the conditions of Russian aggression, the state of compliance with the rights of domestic servicemen has significantly deteriorated, which requires the improvement of the constitutional and legal tools for their protection. The foreign experience of developed democratic countries in solving the problem of effectively ensuring the rights of the military through the introduction of specialized ombudsmen in the affairs of the armed forces is analyzed. The legal nature of military ombudsmen as specialized human rights institutions that have proven themselves positively in a number of states, the history of their introduction, and the positive consequences of their functioning are studied. Considerable attention in the work is devoted to the models of specialized ombudsmen in the affairs of the armed forces: a) regarding their legislative recognition and regulation of legal status (at the level of the country’s constitution, law or by-law); b) places in the structure of state power (parliamentary and executive); c) models that are structurally part of the armed forces; are not part of the armed forces, but are authorized to deal exclusively with military issues and ombudsmen of general competence, in which the function of protecting the rights of military personnel is provided for by law; d) individual ombudsmen and collegial ombudsman services; e) various models of ombudsmen in the affairs of the armed forces, depending on the scope and specificity of their powers. It was concluded that for Ukraine in the conditions of war, the introduction of the institute of the military ombudsman is not just timely, it is extremely necessary. The emergence of this institution, on the one hand, will complement the existing means of protecting the constitutional rights and freedoms of the military, on the other hand, it will contribute to the maintenance of their faith in justice, which will generally neutralize the wary attitude of military personnel towards the authorities, and mitigate conflicts between the state, its bodies, and the military. The military ombudsman, exercising his supervisory and human rights powers, will not only contribute to the effective protection of the rights of the military, but also mitigate the contradictions between the state and civil spheres, promote the democratization of the national military sphere, which under his influence should become more responsive to needs and requests of military personnel, which will ultimately guarantee the “democratization” of the military bureaucracy, which, thanks to his activities, will show more attention, sympathy and concern for military personnel.
12
Malinkovska, O. V., O. I. Tymoshchuk, and M. B. Husak. "PLACE OF THE COMMISSIONER FOR HUMAN RIGHTS OF THE VERKHOVNA RADA OF UKRAINE IN THE NATIONAL PREVENTIVE MECHANISM CONCERNING PROTECTION OF CONVICTS AND PRISONERS’ RIGHTS AND LEGAL INTERESTS." Scientific Herald of Sivershchyna. Series: Law 2022, no. 2 (July 12, 2022): 100–113. http://dx.doi.org/10.32755/sjlaw.2022.02.100.
Повний текст джерелаАнотація:
The genesis of the National Preventive Mechanism is examined in the article. The fact that the chosen model of “Ombudsman +” involves a combination of the Ombudsman’s Institute, along with representatives of non-governmental organizations and members of the public is found out. The implementation of the Ombudsman + model envisages that not only the Ombudsman himself will be involved in the process of monitoring the human rights observance in places of detention, but also members of the public who will be able to visit places of detention after receiving certain rights from the Ombudsman and check human rights there and then report to the central office, in order to fix the problems or provide recommendations to local (or central) executive bodies for improving the situation. Emphasis is placed on the fact that the establishment of the National Preventive Mechanism should in no way duplicate the functions of bodies such as the Prosecutor’s Office or the National Police. Proposed changes will help to improve the proper implementation of the National Preventive Mechanism: improvements of the legislation governing the activities of places of detention; changes in the standards of providing certain social services (applies to social places of detention); creation of bodies to monitor compliance with standards in places of detention; creation of new monitoring mechanisms to monitor compliance with standards during the stay of people in places of detention; changes in the attitude of society towards people who find themselves in places of detention and promoting the policy of “openness” of such institutions, etc. Key words: Commissioner for Human Rights of the Verkhovna Rada, National Preventive Mechanism; rights and legitimate interests; convicts; prisoners; “Ombudsman +”.
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Batanov, Oleksandr, Natalia Verlos, Olga Lotiuk, and Olena Sinkevych. "Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law." Revista Amazonia Investiga 9, no. 29 (May 18, 2020): 273–81. http://dx.doi.org/10.34069/ai/2020.29.05.31.
Повний текст джерелаАнотація:
In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.
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RAKITSKAYA, INNA, and EVGENII PAVLOV. "CONSTITUTIONAL AND LEGAL STATUS OF THE PARLIAMENTARY OMBUDSMAN FOR ADMINISTRATION IN NORWAY." Gaps in Russian Legislation 15, no. 7 (December 29, 2022): 46–52. http://dx.doi.org/10.33693/2072-3164-2022-15-7-046-052.
Повний текст джерелаАнотація:
The purpose of the research. A parliamentary ombudsman which exists in the constitutional mechanism of many modern states performs two main functions: to exercise control over the legality of the activities of the public administration and to consider individual complaints related to the violation of human rights and freedoms. The office of parliamentary ombudsman for administration (civil ombudsman) was founded in Norway in 1962, ten years after the foundation of the position of the military ombudsman. The present article is devoted to the analysis of the legal status of the Norwegian parliamentary civil ombudsman, the procedure for appointing, the functions and powers of the civil ombudsman, the procedure for considering of the incoming complaints. The authors pay special attention to such element of the status of the parliamentary civil ombudsman as a national preventive mechanism. The article was written on the basis of an analysis of the new Act on the Parliamentary Ombudsman for Control of Administration dd. June 18, 2021, which introduced a number of changes to the status and procedure for exercising powers by the civil ombudsman. The results: The new Act changes the title of the position. Now it is officially referred to as the parliamentary ombudsman for control of the administration. The word "control" which appeared in the title of the position emphasizes the strengthening of the protective function of the Norwegian civil ombudsman, as well as the expansion of his/her powers to supervise the activities of public bodies and officials. The current legislation simultaneously considers the parliamentary civil ombudsman as a national preventive mechanism, which is entitled to issue recommendations in order to improve the treatment and conditions of detention of persons deprived of their liberty, as well as to prevent torture and other cruel, inhuman or degrading treatment or punishment. Despite the rather broad powers of the Norwegian parliamentary civil ombudsman, unlike the parliamentary ombudsmen of some other countries, he/she does not have the legally enshrined right to initiate changes to the current legislation to fill in the gaps or improve it in order to more fully regulate the mechanisms for protecting the human rights and freedoms. The analysis of statistical data indicates a trend towards an increase in the number of applications to the parliamentary civil ombudsman in recent years. This fact shows not only an increase in cases of violations of human rights by the authorities and officials during the COVID-19 pandemic, but also, in general, an increase citizens’ confidence in this national mechanism for protecting fundamental human rights an freedoms. The adoption of the new Act also reflects the desire of the Norwegian members of parliament to improve the model of the civil ombudsman in order to ensure its efficiency.
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Issabekova, V. S., and J. Zalesny. "Formation of a new model of election to the post of Commissioner for Human Rights in the Republic of Kazakhstan: problems and prospects." Bulletin of the Karaganda University “Law Series” 11429, no. 2 (June 18, 2024): 25–33. http://dx.doi.org/10.31489/2024l2/25-33.
Повний текст джерелаАнотація:
This paper investigates the critical aspects of electing and nominating candidates for the role of Human Rights Commissioner in the Republic of Kazakhstan, providing an in-depth analysis of how the existing ombudsman framework functions within the nation. Furthermore, the research highlights the significance of adopting a method that allows for the nomination of multiple candidates during the ombudsman election process. Throughout this research, various legislative documents from CIS countries, national laws, and international legal frameworks that define the ombudsman's legal status were meticulously examined. An examination of international practices in electing Human Rights Commissioners reveals that the methodologies employed in Kazakhstani legislation are somewhat restricted, suggesting that broadening the pool of eligible candidates could enhance the election processfor a Human Rights Commissioner. The study suggests solutions for addressing deficiencies in the national legal framework concerning the election process by the competent authority. Recommendations are made for amending legislative provisions to embrace the fundamental democratic tenet of having alternatives and to align national laws with international norms.
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Peneva, Teodora. "The fourth pillar of energy poverty in Bulgaria." Economic Thought journal 66, no. 5 (October 30, 2021): 5–21. http://dx.doi.org/10.56497/etj2166501.
Повний текст джерелаАнотація:
The article examines the weaknesses in the protection mechanisms for vulnerable energy consumers in Bulgaria. The thesis that the lack of adequate protection mechanisms causes the emergence of a fourth pillar of energy poverty beyond the three most frequently cited pillars – high energy prices, low incomes and low level of energy efficiency of buildings – is justified. An overview of the mechanism for household access to justice in the energy sector in Bulgaria is provided, starting with the national ombudsman, municipal ombudsmen and ombudsmen in energy companies. The main problems, encountered in energy justice for households in this sector are summarized, as well as the way in which state institutions respond to these problems. The study concludes that the Bulgarian citizens face high levels of energy injustice and poverty, which they have to fight using ineffective consumer protection mechanisms. This effectiveness depends on persons in charge, not on legal and administrative processes.
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Hakky Mohammad, Ahmad. "OMBUDSMAN/HUMAN RIGHTS INSTITUTION IN THE MIDDLE EAST COUNTRIES." Administracija i javne politike 12, no. 3 (April 22, 2020): 71–87. http://dx.doi.org/10.22182/ajp.1232019.4.
Повний текст джерелаАнотація:
The Ombudsmen institution is a relatively young institution in the political systems of 133 countries of the world. Although its founder is tied to Sweden, where this institution was founded in the early 19th century, its rapid spread only came in the sixties and seventies of the 20th century. In the Middle East, this institution exists in just a few countries. This institution continues to exist in this region and in certain countries only at the beginning of the 21st century. The institution of ombudsman in the interests of the Middle East is not close to the political systems of these countries, nor to the usual nor the cultural ambience. However, since it protects human rights and controle public administration, it is also necessary in the political regime of the countries of the Middle East. In this paper, special attention is paid to the Ombudsman/National Human Rights Institution in some countries of the Middle East.
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Muntingh, Lukas. "Modest beginnings, high hopes: The Western Cape Police Ombudsman." South African Crime Quarterly, no. 64 (June 29, 2018): 17–28. http://dx.doi.org/10.17159/2413-3108/2018/v0n64a4884.
Повний текст джерелаАнотація:
In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.
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Muntingh, Lukas. "Modest beginnings, high hopes: The Western Cape Police Ombudsman." South African Crime Quarterly, no. 64 (June 29, 2018): 17–28. http://dx.doi.org/10.17159/2413-3108/2018/i64a4884.
Повний текст джерелаАнотація:
In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.
20
Olexandr, Batanov. "Constitutional and legal foundations of the control activities of the Ombudsman in the modern world: axiological, ontological and teleological aspects." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 191–202. http://dx.doi.org/10.33663/0869-2491-2020-31-191-202.
Повний текст джерелаАнотація:
The article examines the current constitutional and legal problems of the formation and implementation of the control activities of ombudsman in the modern world. It is proved that the history of development, the causes, the processes of institutionalization and constitution of Ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers. Following the legal traditions of democratic countries, the Institute of the Ukrainian Parliament Commissioner for Human Rights was introduced in Ukraine. Today, it has become an important way of ensuring human rights. The introduction of the Institute of the Ukrainian Parliament Commissioner for Human Rights fully meets the current trends in the modern democratic world and is a reflection on those systemic challenges and complex problems that exist in the field of human rights protection. The article argues that the social tension and insecurity of certain segments of the population, in particular children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of the community , demonstrates the need to improve national mechanisms and forms of human rights protection, including strengthening the oversight functions of the Ukrainian Parliament Commissioner for Human Rights. It is argued that the functional isolation, independence and organizational diversity of control bodies, primarily ombudsman, is evidence of the formation of control power, the conceptual idea of which is the existence of a system of organizational, regulatory, institutional measures to ensure control over public authority. It is concluded that fundamental constitutional values, among which, first of all, human rights and the authority responsible to him are the functional and teleological dominant activity of the Ombudsman, the feasibility of creating and the practice of functioning of which, in fact, is due to the solution of these interrelated tasks. According to the author, in order to improve the Ombudsman Institute in Ukraine, it is advisable to continue the constitutional and project work on amendments to the Constitution of Ukraine, which provide for the possibility of introducing specialized parliamentary ombudsmen (on issues of the child, servicemen, equal opportunities, national minorities, etc.) the scope of their control activities.
21
Karpachova, Nina I. "Modern challenges to international security and protection of Human Rights (international and Ukrainian context)." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 25–33. http://dx.doi.org/10.37635/jnalsu.28(2).2021.25-33.
Повний текст джерелаАнотація:
At the moment, two mechanisms for protecting human rights can be distinguished in Ukraine: an appeal to the European Court of Human Rights at the international level and an appeal to the Commissioner for Human Rights at the national level. Therewith, the activity of the ombudsman constitutes the state’s performance of its obligations at the international level to ensure the national mechanism for the protection of human rights. In Ukraine, the Ombudsman acts according to the model of the classic parliamentary Commissioner for Human Rights. In addition, along with the parliamentary Commissioner for Human Rights, which has a constitutional status, there are government commissioners (“quasi-ombudsmen”) in Ukraine, whose activities do not have a special status and can be terminated at the will of the government at any time. Considering the above, the purpose of this study lies in a comprehensive analysis of modern challenges to international security and the impact of these factors on the observance of human rights in Ukraine (using the methods of both international law and classical legal methodology), as well as studying the role of the ombudsman in this process. The analysis allowed to conclude that the causes of human rights violations lie not only in the country’s problems, but are also the consequences of global processes. A huge challenge to the rights and freedoms in Ukraine is the intensifying poverty of the population, which in itself is a violation of human rights and allows to exercise all other rights. Furthermore, the hostilities in the Donbas region led to gross, massive, and systematic violations of human rights: residents of the front-line territories were faced with two challenges at once – the danger that arises due to the impossibility of ensuring security in the immediate vicinity of the war zone and the increasing risks of poverty
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E. Sarybayev, Kuan, Kanat S. Lakbaev, Akif F. Suleimanov, Ruslan K. Jiyembaev, and Gulnara M. Rysmagambetova. "Control and supervisory function of the National Ombudsman in the activities of law enforcement agencies aimed to ensure the well-being of society." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2022): 155–69. http://dx.doi.org/10.3280/riss2021-002012.
Повний текст джерелаАнотація:
The institution of the Ombudsman in national human rights protection systems plays a significant role in the implementation of the rule of law. The rule of law is a fundamental legal principle of sustainable development. All citizens have equal rights that guarantee the well-being of society. Disclosure of the essence of the in-stitution of the Ombudsman, determination of its legal nature is impossible without its functional characteristics, which is also important for the practice of state and legal development, increasing the efficiency of the implementation of state func-tions. The purpose of this study is to analyse the experience of foreign countries regarding the organisation of the Ombudsman's control and oversight function and formulate proposals aimed at improving the institution of the Ombudsman in Kazakhstan on this basis. The study uses theoretical, general scientific, and special research methods. First of all, the composition of law enforcement agencies was determined, including its structural features in Kazakhstan, and their functional purpose. The regulated control and supervisory powers are outlined to suppress il-legal actions of law enforcement agencies. The typologisation of the system for the implementation of the control and supervisory function in the activities of law enforcement agencies was carried out according to its subject composition. The structural and functional features of all the noted forms and levels of implementa-tion of the control and oversight function are considered, with the allocation of the Commissioner for Human Rights in Kazakhstan as the leading subject. The analy-sis of the dynamics of quantitative and qualitative indicators of the activities of the Ombudsman of Kazakhstan in the process of implementing the control and supervisory function in the activities of law enforcement agencies. The national preventive mechanism as one of the forms of public control of the institutions of the law enforcement system of Kazakhstan is investigated, the effectiveness of its implementation is assessed.
23
Linnik, Natalia. "Human rights begin with the rights of the child." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 356–60. http://dx.doi.org/10.36695/2219-5521.1.2020.71.
Повний текст джерелаАнотація:
The state, with the help of legal norms and the use of power levers regulates social relations, establishes and maintains the necessary order in the country, but also obeys the society itself is called to serve it. The relationship between society and the state, its quality and level is determined in particular by the effectiveness of the policy in the field of children's rights protection.
At the same time, the role of the institution of the ombudsman (or the commissioner) in the affairs of children is undoubtedly extremely important. Children as one of the most socially vulnerable groups of the population need full protection of their rights.
The introduction of the Ombudsman's Office in Ukraine is a serious step in improving the protection of children's rights. At the same time the transformational processes that take place in the Ukrainian society today predetermine the need for further research on the content and mechanisms of implementation of state policy in the field of children's rights protection. To do this, it is necessary to conduct an analysis of the domestic and foreign experience of the functioning of the institution of the ombudsman for the rights of the child, which is the purpose of this article.
Therefore, the purpose of this article is to analyze the national and foreign experience of functioning of the Ombudsman Institute for the Rights of the Child. The article discusses the prerequisites and features of the establishment of the Ombudsman for Child Rights in Ukraine and the problems of its modern functioning. The models of construction of the Ombudsman Institute in foreign countries are analyzed: Germany, Finland, Canada, New Zealand, Austria, Sweden and Australia. The article also emphasizes the need to improve the system of jurisdictional protection of the rights of the child and the adoption of the Law on the Commissioner for the Rights of the Child in Ukraine.
24
Goncharenko, O. K., and A. O. Akhmetzyanov. "The promotion of international cooperation in the activities of the high commissioner for human rights in the Russian Federation." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 85–95. http://dx.doi.org/10.17803/2311-5998.2021.80.4.085-095.
Повний текст джерелаАнотація:
The article addresses issues related to the development of international cooperation as one of the key areas of activity of the High Commissioner for Human Rights in the Russian Federation. The special features regulating the activities of the High Commissioner, including the novelty in the national legislation and international standards in this area have been presented. Special attention has been given to the directions and forms of cooperation of the High Commissioner with national human rights institutions of foreign states, universal and regional international organizations, integration associations of ombudsmen. Examples of the interaction of the High Commissioner with the United Nations and the Council of Europe at the present stage have been provided. The efforts of the High Commissioner to protect the rights of the Russian citizens and compatriots living abroad have been highlighted. The article presents the development and strengthening of such concept as “human rights diplomacy”. The aspects of the establishment and promotion of the Eurasian Ombudsman Alliance have been reflected.In conclusion, the authors make recommendations on the extension of the competence of the High Commissioner.
25
Agarwal, U. C. "Case for National Level Ombudsman." Indian Journal of Public Administration 34, no. 2 (April 1988): 249–65. http://dx.doi.org/10.1177/0019556119880203.
Повний текст джерела
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Marpaung, Lintje Anna, Tami Rusli, Tegar Adiwijaya, and Yulia Hesti. "THE EFFECTIVENESS OF THE OMBUDSMAN OF THE REPUBLIC OF INDONESIA REPRESENTATIVES OF THE PROVINCE OF LAMPUNG IN COMPLETING REPORTS REGARDING THE DISTRIBUTION OF SOCIAL ASSISTANCE FOR COMMUNITIES AFFECTED BY THE COVID-19 NATIONAL DISASTER IN LAMPUNG." Wacana Hukum 27, no. 1 (February 28, 2021): 19–33. http://dx.doi.org/10.33061/1.wh.2021.27.1.5005.
Повний текст джерелаАнотація:
This research discusses the Effectiveness of the Ombudsman of
the Republic of Indonesia Representatives of the Province of
Lampung in Completing Reports Regarding the Distribution of
Social Assistance for Communities Affected by the Covid-19
National Disaster in Lampung Province. With the formulation of
the problem 1) How is the Effectiveness of the Ombudsman of the
Republic of Indonesia Representatives of the Province of Lampung
in Completing Reports Regarding the Distribution of Social
Assistance for Communities Affected by the Covid-19 National
Disaster in Lampung Province? 2) What were the inhibiting factors
experienced and the efforts made by the Ombudsman of the
Republic of Indonesia representatives of the province of Lampung
in completing the report? The conclusions of this study are 1)
Completion of reports related to the distribution of social
assistance to communities affected by the Covid-19 national
disaster in Lampung Province carried out by the Ombudsman of
the Republic of Indonesia Representatives of the Province of
Lampung is quite effective but not maximized, this is because the
settlement regulatory mechanism is only based on in the Circular
that has differences with the Ombudsman Regulations of the
Republic of Indonesia 2) The main obstacle to the completion of
public reports experienced by the Ombudsman of the Republic of
Indonesia Representatives of the Province of Lampung is the
issuance of the Circular of the Chairman of the Ombudsman of the
Republic of Indonesia which overrides higher Regulations, and
efforts made to overcome obstacles The Head of the Ombudsman
Representative of the Republic of Indonesia, Lampung Province,
took another policy in the form of continuing to use several requirements stipulated in the Ombudsman Regulation of the
Republic of Indonesia.
27
Reif, Linda C. "Rachel Murray, The Role of National Human Rights Institutions at the International and Regional Levels: The Experience of Africa; Brian Burdekin, assisted by Jason Naum, National Human Rights Institutions in the Asia-Pacific Region, The Raoul Wallenberg Institute Human Rights Library." Windsor Yearbook of Access to Justice 26, no. 1 (February 1, 2008): 206. http://dx.doi.org/10.22329/wyaj.v26i1.4555.
Повний текст джерелаАнотація:
National Human Rights i nstitutions [NHRIs] are created by “a Government under the constitution, or by law or decree, the functions of which are specifically designed in terms of the promotion and protection of human rights.” Human rights commissions, ombudsman i nstitutions, hybrid single-office holder human rights ombudsman/commissioners, and specialized i nstitutions such as the children’s ombudsman are types of NHRIs.
28
Tudjarovska, Emilija Gjorgjievska. "The ‘Silent Guardians’ in the Fight against Corruption: The Case of North Macedonia." Central European Public Administration Review 18, no. 1 (April 23, 2020): 165–84. http://dx.doi.org/10.17573/cepar.2020.1.08.
Повний текст джерелаАнотація:
Impartial public administration is a key gatekeeper against corruptive practices and the necessary condition for the process of democratisation. Yet, in the case of North Macedonia, there is an ongoing challenge in addressing the problem of politicisation of public administration. On one hand, the ombudsman holds the normative position to safeguard citizens in front of state administration bodies, to act upon the impartiality biases or other deviances of norms, and to annually report to the National Parliament. On the other hand, the parliament should be able to hold executives and institutions accountable for their actions and to act upon the ombudsman’s recommendations. However, there is a limited understanding of the role that these two institutions can play in an effective fight against corruption as part of the democratisation processes. The purpose of the article is to examine the institutional gaps where the opportunities for corruption and social traps are encouraged. Based on theoretical, empirical as well as comparative observations, within single case method analysis, this article aims to examine the compliance of the theoretical fingerprints with the actual practice and provide a different angle on the institutional opportunities for social traps, in the context of unconsolidated democracies. The findings show that there is a causality between the institutional ‘silent guardian’ of the citizens and the prevalence of corruption. It also encourages further discussion on the factors that undermine the positions of the ombudsman and the parliament to take active engagement in rooting out the corruption from societies.
29
ten Berge, J. B. J. M. "The National Ombudsman in the Netherlands*." Netherlands International Law Review 32, no. 02 (August 1985): 204. http://dx.doi.org/10.1017/s0165070x00010846.
Повний текст джерела
30
Palankiewicz-Mitrut, Emilia. "The child and the protection of his rights in the Romanian legal system." Problemy Opiekuńczo-Wychowawcze 595, no. 10 (December 31, 2020): 15–27. http://dx.doi.org/10.5604/01.3001.0014.5970.
Повний текст джерелаАнотація:
The aim of the article is to present the circumstances of the establishment of the National Agency for Child Protection and Adoption (Autoritatea Nationala Pentru Protectia Copilului Si Adoptie) and the Deputy Ombudsman dealing with children's matters (Avocatul Copilului, an agency that was established by the Act of January 2018 and is the equivalent of the Ombudsman for Children) as well as to refer to the acts specifying the competences and scope of activity of both institutions. The article analyses legal acts (documents of international law and provisions of national law) and reports sent by the UN Committee on the Rights of the Child (CRC) to the Romanian side, which contributed to the establishment of institutions dealing with children's matters in Romania. The conclusions of the review of the child protection legislation in Romania show that the country has made great progress in the care of children and the respect for their rights in recent years. Romania began to be perceived as a country that takes into account the needs of the youngest citizens, which is manifested not only by the establishment of the institution of the Ombudsman for Children or the National Agency for Child Protection and Adoption, but also by many other activities aimed at supporting children. These include the international conference "Child Participation in Decision-Making and Policy Development at EU Level" organized in Bucharest in May 2019, during which the Bucharest a Declaration on Child Participation in Decision-Making at National and EU Levels was adopted.
31
Teofilović, Petar. "Status and perspectives of the ombudsman institution in the legal system of Serbia and Montenegro." Glasnik Advokatske komore Vojvodine 77, no. 10 (2005): 87–103. http://dx.doi.org/10.5937/gakv0503087t.
Повний текст джерелаАнотація:
The article presents the main features of ombudsman institution, its position and role in the system of organs at various levels, and its relationships with other branches of state power, followed by a brief review of ombudsman institutions established so far on the territory of Serbia and Montenegro. The authorities and procedure of Ombudsman of Vojvodina are also presented. Finally, the text contains an analysis of some issues important for the regulation of relationship between ombudsman at various levels of territorial organization (national, regional and local), as well as for its further development in the domestic legal system.
32
Hatchard, John. "Governmental Accountability, National Development and the Ombudsman: A Commonwealth Perspective." Denning Law Journal 6, no. 1 (November 7, 2012): 53–75. http://dx.doi.org/10.5750/dlj.v6i1.203.
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33
KARPACHOVA, NINA. "Current Challenges to Human Rights and Freedoms and the Ombudsman Institution." Право України, no. 2021/02 (2021): 106. http://dx.doi.org/10.33498/louu-2021-02-106.
Повний текст джерелаАнотація:
The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.
34
Pogłódek, Andrzej. "THE OMBUDSMAN INSTITUTION IN TURKMENISTAN." Roczniki Administracji i Prawa 1, no. XIX (June 30, 2019): 19–33. http://dx.doi.org/10.5604/01.3001.0013.3581.
Повний текст джерелаАнотація:
This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.
35
Ashirbekova, A. B., А. А. Abikenov, and I. S. Saktaganova. "The institute of the ombudsman (commissioner for human rights) in the public power system." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 145, no. 4 (2023): 38–48. http://dx.doi.org/10.32523/2616-6844-2023-145-4-38-48.
Повний текст джерелаАнотація:
The ombudsman institution plays an important role in the system of state bodies that ensure the rights and freedoms of people and citizens. In the article, in the context of the theory of separation of state power, the issue of the legal features of the ombudsman (human rights commissioner) in the system of state bodies raised. In addition, the concept and meaning of the ombudsman institution is revealed, and its place in the system of state authorities is analyzed. Three models of the ombudsman institute working in the states in modern times describes executive, independent and parliamentary. The purpose of the article is to determine its position in the system of state power by studying the legal status of the ombudsman institution, based on the norms established in national legislation. The works of foreign and domestic scientists who made a significant contribution to the study of the history of the formation and development of the Ombudsman Institute noted. Research methods of the Human Rights Ombudsman Institute described. In addition, the legal status of the ombudsman (Human Rights Commissioner) is described based on the articles of the Constitutional Law “On Human Rights Commissioner in the Republic of Kazakhstan” adopted on November 5, 2022.
36
Kirchheiner, H. H. "The National Ombudsman in a Democratic Perspective*." Netherlands International Law Review 32, no. 02 (August 1985): 183. http://dx.doi.org/10.1017/s0165070x00010834.
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37
Chechelnitskiy, I. V. "International Activities of the Commissioner for Human Rights in the Russian Federation: Content, Problems, Prospects." Lex Russica 77, no. 7 (July 24, 2024): 70–85. http://dx.doi.org/10.17803/1729-5920.2024.212.7.070-085.
Повний текст джерелаАнотація:
The paper analyzes the activities of the Commissioner for Human Rights in the Russian Federation in the field of international cooperation on the protection of human and civil rights and freedoms from theoretical and practical standpoints. The author pays special attention to the place and role of the institution of the public defender of human rights during armed conflicts. The author considers state human rights activities related to international cooperation in the field of human rights in the context of the following four main sections: interaction with international organizations; cooperation with ombudsmen of foreign countries; protection of the rights of Russian citizens abroad; protection of the rights of foreign citizens located on the territory of the Russian Federation. The paper analyzes such new formats of state human rights activities as conducting a dialogue with the ombudsmen of «unfriendly states» with which there are no diplomatic relations, including during armed conflicts, on issues of assistance to Russian citizens whose rights are violated on the territory of these states; organizing work on family reunification, who find themselves on different sides of the contact line; the Ombudsman’s participation in the exchange of prisoners carried out by the Ministry of Defense of the Russian Federation and the search for missing persons during armed conflicts; mutual visits to prisoners with ombudsmen of foreign states and the organization of the transfer of parcels for them from relatives; interaction of the Commissioner with the International Committee of the Red Cross on assistance in visiting prisoners, searching for missing servicemen; the Commissioner’s interaction with the Office of the United Nations High Commissioner for Refugees in providing assistance to citizens evacuated to Russia. The proposals for improving the normative legal regulation of the activities of a state human rights defender in international cooperation, including during inter-state conflicts, both at the national and international levels, are substantiated.
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Asina, Enrico Mardongan, and Neri Arisuma. "Pengawasan Ombudsman Provinsi Sumatera Utara Di Badan Pertanahan Nasional Kota Medan." Lex Lectio Law Journal 1, no. 1 (April 30, 2022): 40–47. http://dx.doi.org/10.61715/jlexlectio.v1i1.17.
Повний текст джерелаАнотація:
AbstractThe Ombudsman of the Republic of Indonesia has a role in conducting a survey of public service standards at the Medan City National Land Office and providing space for the public to submit problems and complaints about land services that are not optimal. This research is descriptive qualitative in nature. This study aims to determine the oversight of the Ombudsman of the Republic of Indonesia representing North Sumatra Province in supervising public service reports at the Medan City National Land Agency. , Reporting Service Response Action Mechanism and Institutional Public Service Oversight Mechanism in Government Public Service Agencies/Agencies.Abstrak Ombudsman Republik Indonesia berperan melakukan survey standar pelayanan publik di Kantor Pertanahan Nasional Kota Medan dan memberikan ruang kepada masyarakat untuk menyampaikan permasalahan maupun keluhan terhadap pelayanan pertanahan yang tidak optimal. Penelitian ini bersifat kualitatif deskriptif. Penelitian ini bertujuan untuk mengetahui pengawasan Ombudsman Republik Indonesia perwakilan Provinsi Sumatera Utara dalam pengawasan laporan pelayanan publik pada Badan Pertanahan Nasional Kota Medan. Hasil penelitian menunjukkan bahwa pengawasan Ombudsman Republik Indonesia Perwakilan Sumatera Utara pada Badan Pertanahan Nasional Kota Medan mempunyai mekanisme kerja, yaitu Mekanisme Pelaporan Pengaduan Masyarakat, Mekanisme Tindakan Respon Pelayanan Pelaporan dan Mekanisme Pengawasan Pelayanan Publik secara Kelembagaan pada Lembaga/Badan Pelayanan Publik Pemerintah.
39
Smetanka, Lori, Chenguang Du, Pamela Teaster, and Kathryn Ratliff. "COVID-19 and the Long-Term Care Ombudsman Program: Findings From a National Study." Innovation in Aging 5, Supplement_1 (December 1, 2021): 86–87. http://dx.doi.org/10.1093/geroni/igab046.331.
Повний текст джерелаАнотація:
Abstract The purpose of our study was to explore changes for long-term care ombudsman programs across the country in response to the COVID-19 pandemic. The study team explored the effect of COVID-19 on programs: cases, resident engagement, complaint Investigation and resolution, services, complaints, changes in visitation, and preparedness plans. The research team developed survey items and beta-tested them with state and local LTCOs prior to distributing the survey nationally to State Long-Term Care Ombudsman and Local Long-Term Care Ombudsman in order to characterize experiences of the participants. From 62 state LLTC respondents we learned there were 81.0% fewer cases received, 97.36% were less able to engage with residents, 78.95% were less involved in the engagement of residents in complaint investigation and resolution and there were 71.05% fewer activities involved in investigations. Not surprisingly, there was an 80.0% increase in information that the LTCO provided to the media.
40
Olenev, Mikhail. "Structural analysis of the national ombudsman activities in ensuring environmental human rights." E3S Web of Conferences 258 (2021): 05023. http://dx.doi.org/10.1051/e3sconf/202125805023.
Повний текст джерелаАнотація:
In this article, the author examines the organization of the activities of the national ombudsman (Human Rights Commissioner in the Russian Federation) to ensure human rights in the field of ecology, conducts a structural analysis of the received applications from citizens on environmental issues, and also makes a number of proposals to improve the activities of the ombudsman. Based on the results of the study, the main topics of citizens’ appeals regarding violations of the rules for the environment use and abuse of environmental human rights submitted to the Commissioner for Human Rights in the Russian Federation were identified. The identification of borderline points by the national ombudsman requires attention in the field of environmental protection of citizens and giving them a public discussion, allows to focus the attention of society and the state on the most problematic aspects of ensuring human rights in the field of ecology, which helps the responsible state authorities to build their work more effectively in this direction, since the state of nature, environment and the ecological situation ultimately affect the development of both individual citizens and society and the state as a whole.
41
Saygin, Engin. "Improving Human Rights through Non-judicial National Institutions: The Effectiveness of the Ombudsman Institution in Turkey." European Public Law 15, Issue 3 (September 1, 2009): 403–28. http://dx.doi.org/10.54648/euro2009030.
Повний текст джерелаАнотація:
In the age of human rights, the value of human rights strategy lies in its effective implementation. Nonetheless, the gap between human rights rhetoric and (non-)action around the world, especially in Turkey, causes serious discussions over the effectiveness of international human rights law and even over its existence. The role of the national human rights institutions in narrowing such a compliance gap has been well understood by human rights practitioners and scholars because compliance with international human rights law is eventually a domestic law issue. However, this article suggests that among these institutions, the Ombudsman institution is an effective but neglected compliance mechanism due to the fact that it lacks the power to issue legally binding decisions not only in Turkey but also in the world. With respect to Turkey, as the Turkish Ombudsman Act has recently passed by Parliament, this article also analyzes the effectiveness of the new Turkish Ombudsman prior to the establishment of the office.
42
Bloemen, Elizabeth M., Tony Rosen, Sunday Clark, Denis Nash, and Thelma J. Mielenz. "Trends in Reporting of Abuse and Neglect to Long Term Care Ombudsmen: Data from the National Ombudsman Reporting System from 2006 to 2013." Geriatric Nursing 36, no. 4 (July 2015): 281–83. http://dx.doi.org/10.1016/j.gerinurse.2015.03.002.
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43
Ushatova-Kalinova, Eleonora. "Civic participation through the Office of the National Ombudsman in the protection of labour rights in Bulgaria." SEER 26, no. 2 (2023): 249–62. http://dx.doi.org/10.5771/1435-2869-2023-2-249.
Повний текст джерелаАнотація:
This article examines the Office of the National Ombudsman as a possible channel for the exercise of citizen’s participation in democratic life in Bulgaria. Evidence in this direction is derived from the legally established possibilities and actions of the Office itself, as well as from the results of an empirical study based on in-depth interviews conducted with the occupiers of the position of the National Ombudsman as well as representatives of collective civil society organisations. The exercise of civic participation through the Office is illustrated by describing a case drawn from Bulgarian practice – the protests of workers and employees in defence of their rights to unpaid wages and other compensation in 2017 – which resulted in changes to the legislation championed by the Ombudsman. The Office is not above criticism and the article concludes with some suggestions for how the relationship with civil society could be improved and how the Office could better achieve its goals of strengthening civic life and, in particular, the perception among citizens that they do have the power to influence decision-making within the country.
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Mukhambetova, K. A., S. Koziej, D. O. Dosmurzayeva, and I. S. Mukhambetova. "Institute of the Commissioner for Human Rights in Kazakhstan: status and prospects of development." BULLETIN of the L.N. Gumilyov Eurasian National University. PEDAGOGY. PSYCHOLOGY. SOCIOLOGY Series 146, no. 1 (2024): 410–27. http://dx.doi.org/10.32523/2616-6895-2024-146-1-410-427.
Повний текст джерелаАнотація:
The Commissioner for human rights or the ombudsman is the most important figure in a complex multi-level system of observance and protection of human rights. Each state undertakes to protect human rights and creates appropriate legislation and institutional structures for this, including national human rights institutions. Traditionally, national human rights institutions are defined as state structures for the promotion and protection of human rights. The activity of the institution of the Commissioner for human rights as an individual model of a national human rights institution is based on the norms established by the Paris Principles of 1993. The Paris Principles became the document that installed standards for the work of national human rights institutions, taking into account their diversity. The Republic of Kazakhstan has joined the majority of international treaties dealing with human rights issues. An important step in implementing the obligations under these agreements was the establishment of the institution of the Commissioner for human rights or ombudsman in 2002. The Ombudsman is an official with the authority to monitor the observance of human rights and freedoms and restore them within his competence. His activities complement the current system of state protection of human rights and freedoms. This article examines the features of the institution of the Ombudsman of the Republic of Kazakhstan, analyzes its compliance with international standards, and determines the directions of its further development. The authors used both general scientific and sociological research methods, in particular, document analysis and expert survey. The purpose of this work is to study the social institution of the Commissioner for Human Rights in Kazakhstan, to determine the features and prospects of its activities. The research used scientific publications, official reports of international experts, national reports, reviews of international organizations whose activities are aimed at the realization and protection of human rights.
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Tudorascu, Miruna, and Ioan Ganfalean. "The prevention of torture in detention places in connection with the Ombudsman Institution." Polish Law Review 2, no. 2 (December 31, 2016): 68–74. http://dx.doi.org/10.5604/24509841.1230276.
Повний текст джерелаАнотація:
By the Law No. 109/2009, Romania ratified the Optional Protocol adopted in New York at 18th of December 2002, at the Convention against the torture and other punishments or cruel treatments, inhuman and degrading, adopted in New York at 10th of December 1984, assuming the obligation of establishing at national level The National Mechanism of Torture Prevention in Detention Places, for consolidation the protection of persons who are in detention places. By the Emergency Ordinance no. 48/2014 , which modified and completed the Law no. 35/1997 – regarding the organization and functioning of Ombudsman Institution, and also for modification and completing of some other normative acts, The Ombudsman Institution, as autonomous public authority, was named as the unique national structure which has attributions in connection with The National Mechanism of Torture Prevention in Detention Places.
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Čaušević, Mirza. "Uloga institucije ombudsmena i sudova u sudskim postupcima povodom slučajeva diskriminacije u Bosni i Hercegovini." Zbornik radova Pravnog fakulteta u Splitu 56, no. 3 (September 27, 2019): 667–83. http://dx.doi.org/10.31141/zrpfs.2019.56.133.667.
Повний текст джерелаАнотація:
When reading the article’s title, it is important to emphasize the role and importance of the Institution of the Ombudsman for Human Rights of Bosnia and Herzegovina, the most important national institution for the protection of human rights and fundamental freedoms. Consequently, according to the logic of thinking, it can be clearly concluded that the most important segment of action, above mentioned national institution, is to prevent or eliminate all forms of indirect and direct discrimination. Accordingly, the author decided, in addition to introductory and concluding considerations, to divide the article into four (4) parts. The first part of the article entitled “Theoretical Determination of Discrimination” provides general information on the concept, different forms and types of discrimination in accordance with the Law on Prohibition of Discrimination in Bosnia and Herzegovina. Unlike the first, in the second part of the article “The Role of the Ombudsman in the Probation of Discrimination Proceedings”, the Ombudsman aims to present the legal position of the ombudsman in court proceedings, with the mandatory indication of the conditions for initiating the proceedings on his own behalf, representing the individual and intervening in the ongoing proceedings. Through practical examples, the author seeks to emphasize the importance, role and importance of the ombudsman in court proceedings. Subsequently, in the third part of the “Role of Courts in the Probation of Discrimination Proceedings”, the author concentrates that, by using the Law on Prohibition of Discrimination, he presents court judgments that discriminate the education system of the Central Bosnia and Herzegovina Canton (non) discriminatory on the basis of the existing segregation in so called. “Two schools under one roof”. Thus, this section primarily analyzes the rejection of the aforementioned claims. Finally, in the fourth (working) section entitled “The Probation of Discrimination Proceeding before the Supreme Court of the Federation of Bosnia and Herzegovina”, the author presents positive and negative examples in the work of the Supreme Court of FBiH, and above all clarifies the process of proving discrimination before this court instance. The aim of this paper is to investigate the legal background of the Institution of the Ombudsman for Human Rights in Bosnia and Herzegovina, as well as judicial instances from the aspect of domestic (national) law, while, on the other hand, special attention is devoted to the actions of the FBiH Supreme Court in cases of discrimination.
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Pritchard, David. "The Impact of Newspaper Ombudsmen on Journalists' Attitudes." Journalism Quarterly 70, no. 1 (March 1993): 77–86. http://dx.doi.org/10.1177/107769909307000109.
Повний текст джерелаАнотація:
This article explores how one of the principal mechanisms of media accountability — press ombudsmen — affects journalists. The article uses data from a national survey of journalists to examine the extent to which journalists who work at newspapers with ombudsmen hold different attitudes about appropriate behavior and about their newspaper's performance than do journalists who work at newspapers without ombudsmen. The study shows that the presence of newspaper ombudsmen does not affect journalists' views of controversial newsgathering techniques. Age turns out to be the best predictor of attitudes, with younger journalists more likely to see controversial news-gathering techniques as justified.
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Gøtze, Michael. "The Danish ombudsman A national watchdog with selected preferences." Utrecht Law Review 6, no. 1 (January 25, 2010): 33. http://dx.doi.org/10.18352/ulr.113.
Повний текст джерела
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Melnychuk, Olga, and Maksym Melnychuk. "OMBUDSMEN AS NATIONAL INSTITUTION FOR PROTECTION OF THE RIGHT TO EDUCATION IN UKRAINE." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 25, 2018): 394–404. http://dx.doi.org/10.17770/sie2018vol1.3166.
Повний текст джерелаАнотація:
Under the conditions of an armed conflict in Eastern Ukraine the level of ensuring the fundamental human right to education is being reduced. Therefore there is a need to search for additional mechanisms of the protection of the right to education, among which must be singled out such an extra-judicial human rights mobile institution as an ombudsman. All this stipulates the purpose of the article: to find out the role of the Ukrainian Parliament Commissioner for Human Rights, the Commissioner of Ukraine on the rights of the Child and the Educational Ombudsman to ensure the right to education in Ukraine. During the study, such methods as the analysis of scientific literature, normative legal acts in the field of the right to education and annual reports of the Ukrainian Parliament Commissioner for Human Rights were used. The research results of the Razumkov Center (Ukraine) regarding the attitude of citizens to the Ukrainian Parliament Commissioner for Human Rightshave been analyzed. As a resultit was discovered that the measures taken by the Ukrainian Parliament Commissioner for Human Rights and the Commissioner on the rights of the Child for the right to education are active and effective. In the society the legislative introduction of the post of educational ombudsman as an additional human rights institution in the field of education in Ukraine is positively evaluated. The conducted study shows that subsidiary, non-judicial means of protection of the right to education in Ukraine have greater authority among Ukrainian citizens than the judicial system.
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Nemec, Juraj, Marta Orviska, and Colin Lawson. "The Role of Accountability Arrangements in Social Innovations: Evidence from the UK and Slovakia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 73–96. http://dx.doi.org/10.1515/nispa-2016-0004.
Повний текст джерелаАнотація:
AbstractOur research focuses on selected accountability mechanisms in the two countries. In Slovakia these are the Supreme Audit Office (SAO) and the Ombudsman. In the UK, at the national level we chose the Committee of Public Accounts (PAC), the National Audit Office (NAO) and the Parliamentary and Health Service Ombudsman (PHSO) and on the local level the relatively recently introduced local government system of Scrutiny and Overview.The goal of our article is to assess the potential contribution of these accountability arrangements to the anchoring of social innovation in the public sector. The theory anticipates that accountability institutions such as the SAO and Ombudsman may create feedback loops supporting public innovations. We undertook detailed checks on the concrete situation in the Slovak Republic and in the UK. On the basis of the comprehensive set of data reviewed, including reports, interviews and more generally available information, we can confidently conclude that while in Slovakia such a feedback loop barely functions, in the UK it does function on a limited but still significant scale. In the last part we provide selected arguments why the Slovak situation is less positive.