The European Ombudsman asks EPSO to improve recruitment testing for new EU staff

Date of article: 23/01/2024

Daily News of: 29/01/2024

Country:  EUROPE

Author: European Ombudsman

Article language: en

The Ombudsman has made a series of suggestions to the European Personnel Selection Office (EPSO) to improve how it carries out tests as part of the recruitment of new staff into the EU civil service.

In particular, the Ombudsman suggested EPSO assess how its requirement that tests be carried out remotely impacts equality of opportunity. Where EPSO is unable to address the negative implications of remote testing on equality of opportunity, it should ensure candidates have the possibility to take tests in physical testing centres.

The Ombudsman also suggested that EPSO make sure technical requirements do not disadvantage or prevent certain candidates from taking remote tests, ensure candidates have access to instructions on troubleshooting and filing a complaint during testing, and review its guidelines on complaint handing.

Highlighting that clear information can enhance acceptance of testing requirements, the Ombudsman called on EPSO to explain more clearly on its website why requirements concerning equipment and the candidate’s physical testing area are necessary.

The Ombudsman opened an own-initiative inquiry into this issue after receiving a significant number of complaints about a particular selection procedure. She subsequently received similar complaints related to other selection procedures organised by EPSO in which remote testing was used. Issues cited by complainants included difficulties with the technical and physical requirements, technical problems during the tests, and EPSO’s communication around the selection procedure.

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Ombudsman findings, themes and trends – January 2024

Date of article: 24/01/2024

Daily News of: 24/01/2024

Country:  United Kingdom - Scotland

Author: Scottish Public Services Ombudsman

Article language: en

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In this month’s edition of the Ombudsman’s findings, we highlight the importance of having robust systems and polices in place to ensure efficient and uninterrupted service delivery.

This month we published decision reports from 11 complaints investigated by the Ombudsman. Ten of these were about Health services and one was about Local Government. The outcome of these 11 complaints were

  • Fully upheld: 5
  • Some upheld: 2
  • Not upheld: 4

Recommendations and feedback

We made 22 recommendations to public bodies. Ten of these were about steps public bodies could take to learn and improve from the complaint.

A number of recommendations were made to ensure that organisations have efficient service policies and systems in place. For example, public bodies should have clear and accessible escalation procedures to follow if an issue remains unresolved. Similarly, polices and practices should be reviewed if not working as intended.

We made a further five recommendations to help public bodies improve their complaint handling. These asked organisations to ensure complainants were advised of delays in the complaints procedure and were given thorough and complete complaint responses. We also highlighted the importance of ensuring all staff are aware of the complaints procedure, particularly front-line staff.

Our Good Complaints Handling online course is specifically designed for staff who handle complaints at stage 1 of the Model Complaints Handling Procedure. Why not take a look at our training webpage and if you have any questions get in touch.

All our published decision reports can be read in full on our website.

Updated: January 24, 2024

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In Monte Carlo upon the 10th anniversary of the institution of the Monaco Ombudsman and on excellent cooperation with Slovenia

Date of article: 23/01/2024

Daily News of: 24/01/2024

Country:  Slovenia

Author: Human Rights Ombudsman of Slovenia

Article language: en

The Human Rights Ombudsman of the Republic of Slovenia is on a two-day working visit to the Principality of Monaco. At the invitation of Marina Ceyssac, the High Commissioner for the Protection of Rights, Liberties and for Mediation, Ombudsman Peter Svetina, in his role of Vice-President of the Association of Mediterranean Ombudsmen and the Director of the European section of the International Ombudsman Institute, is participating in Monte Carlo at the celebration marking the tenth anniversary of the Monaco institution for the protection of human rights carried out under the auspices of His Highness Prince Albert II of Monaco. In his conversation with Ombudsman Svetina and Commissioner Ceyssac, Prince Albert highlighted the longstanding friendly relations between the Republic of Slovenia and the Principality of Monaco. On this occasion, Peter Svetina invited his Monégasque colleague for an official visit to Slovenia.

“Even though ombudspersons across Europe do not all operate in the same geopolitical circumstances and do not face completely comparable challenges, we are still bound by the same values like an invisible glue: humanity, nobleness, compassion, heartiness, and selflessness. We are tied together by our care for the dignity of our fellow human beings who, due to different circumstances, have their rights trampled on,” emphasised Ombudsman Svetina in his celebratory address to the event participants. “When I think about our work, I cannot imagine how we could retain the trust of people turning to us with their problems, if we would not put ethics and morals on a pedestal. If we would not operate with a high degree of integrity and a sense for our fellow man. People who turn to us for help frequently lament that institutions are moving away from the individual who is often lost in papers, decisions, and orders. Passivity, lack of clarity, pressures, and influences on the decision-making processes, as well as the complicated normative framework, in which people are lost, sadly often solely online access which many do not have the necessarily skills for, lack of information, and frequently also of a clear vision justifiably reinforce dissatisfaction and uncertainty among people,” he said.

He touched upon the significance of the duty of disclosure, which is closely connected to the principle of good administration, which derives from Article 41 of the Charter of Fundamental Rights of the European Union. He underlined that this principle is generally implemented in national legal orders as the general administrative principle, yet on the national level it is seldom set down in constitutions or concretised in practice. An interesting fact is that in Slovenia this principle is especially protected by the Human Rights Ombudsman Act, which in Article 3 stipulates that in his work, the Ombudsman follows the provisions of the constitution and international legal acts on human rights and fundamental freedoms, and that in his interventions, he can refer also to the principles of equity and good administration. He added that for several years, the principle of good administration has unfortunately been among the most frequent violations that he as the Ombudsman has been finding in Slovenia. This is also why, as he stated, he believes in the importance of education and the empowerment of public servants to assume personal responsibility in their actions for the protection of people’s rights. “It is only through personal responsibility and by keeping in mind the person on whose destiny we are deciding that we can strengthen a society that is humanitarian, inclusive, and forgets nobody,” believes Peter Svetina.

This is also why he believes that it is extremely important that the Charter of Fundamental Rights of the European Union elevates this right to the level of citizens’ rights. Such definition concretises the understanding of good administration, which is also relevant for the implementation of the Charter on the national level. Moreover, it can indirectly contribute to the understanding of this right in cases when national bodies are failing to implement the EU legislation.

“This is also one of the reasons why, in my engagement in the international space, I strive for as much raising awareness and education on this topic as possible, as well as on the tasks and competences of ombudsmen which are, in some countries more and in others less, comparable. This is also why events like today’s are immensely important. Just like the strengthening of the role of the national human rights institutions and the institutions of the Ombudsman is of the utmost importance – their financial independence and operation according to the so-called Paris and Venice Principles. For it is crucial that we have suitable mandate and competence for the consideration of complaints, investigation of human rights violations, and for the monitoring and recommending measures for improvement. Only through strong and independent institutions, we can ensure that no individual is left without the appropriate protection of their rights. Connected we are stronger and solely in cooperation can we ensure that the institutions we ombudspersons lead have the necessary tools to efficiently fulfil their mission,” highlighted the Slovenian Human Rights Ombudsman Peter Svetina in his address in Monaco.

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(CoE) Annual Report 2023: Commissioner Mijatović calls for determined and collective efforts to regain lost ground and advance human rights

Date of article: 22/01/2024

Daily News of: 24/01/2024

Country:  EUROPE

Author: CoE - Commissioner for Human Rights

Article language: en

“The intensification of challenges to the protection of human rights cannot be an excuse for giving up. Rather, the moment calls for a renewed commitment to the principles and standards for which our Organisation stands”, said today the Council of Europe Commissioner for Human Rights Dunja Mijatović, presenting her annual report for 2023 before PACE. “To regain lost ground and advance the cause of human rights, we must address the situation with determination and collective effort”.

This year’s report, the last of Commissioner Mijatović’s mandate, paints a worrying picture across Europe. The report highlights the human rights situation in conflict zones. Following her visit to Ukraine in March, the Commissioner focused on the crucial issues of the human rights situation of children transferred to Russia or Russian-occupied territories of Ukraine, and the human rights of Crimean Tatars in Russian-occupied Crimea. “While some reunifications have taken place, sustained international support for Ukrainian and Russian civil society organisations and individuals facilitating the reunification of Ukrainian children with their families or legal guardians remains essential”.

Following her visit to Armenia and Azerbaijan, including the Karabakh region, in October last year, the Commissioner calls on the authorities to ensure focus on human rights protection in their peace talks and establish strong human rights safeguards for all persons affected by the conflict.

In addition, there is a growing disregard for human rights standards, with hostile narratives threatening the fundamental principles of the universality and indivisibility of human rights. “This is most visible in the approach to migration management, with deeply alarming levels of tolerance to serious human rights violations against refugees, asylum seekers and migrants and neglect of rule of law principles taking root across Europe”, she stresses.

The increasing intolerance faced by LGBTI people, the retrogressive policies and rhetoric in several European countries undermining progress in protecting the rights of women and girls and the increasing polarisation within our societies are other trends illustrating a hostile environment for human rights.

The report also stresses the need to address the growing crises in the rights to adequate housing, health services, quality education, and an adequate standard of living, and the human rights impact of the triple planetary crisis of environmental pollution, climate change and biodiversity loss, and to protect human rights in the evolving context of the use of artificial intelligence.

2023 was also marked by the urgency of reversing the growing restrictions on civic space. “The disturbing decline in the safety and freedom of human rights defenders and journalists already has serious consequences for democracy and the protection of human rights throughout Europe”, she stresses.

Depicting an increasingly intricate and demanding human rights landscape, the Commissioner however underlines that there are many sources of hope and examples of resilience, such as the Heads of State and Government pledging to reaffirm their commitment to the norms and principles of the Council of Europe at the Summit in Reykjavik; the collective response to the war in Ukraine and the unwavering commitment of NGOs, journalists, human rights defenders, national human rights institutions and activists to stand up for human rights.

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Chancellor’s Year in Review 2022/2023 is now available in English

Date of article: 22/01/2024

Daily News of: 24/01/2024

Country:  Estonia

Author: Chancellor of Justice of Estonia

Article language: en

The Chancellor’s Year in Review 2022/2023 summarizes the performance of the Office of the Chancellor of Justice in fulfilling the tasks assigned by law from 1 September 2022 to 31 August 2023. 

This comprehensive overview spans a wide array of subjects, shedding light on the diverse responsibilities of the Chancellor. These include acting as the National Human Rights Institution, Ombudsman for Children, National Preventive Mechanism against ill-treatment, and overseeing obligations outlined in the Convention on the Rights of Persons with Disabilities. The report also explores areas such as the rule of law, equality, the environment, security, social rights, education, and various others. It provides valuable insights into the Chancellor's efforts to champion justice, protect human rights, and ensure the well-being of people living in Estonia.

In her address to the Parliament, Chancellor of Justice Ülle Madise expressed gratitude to both past and present members of the Parliament and the government for their constructive collaboration. She also addressed various issues, such as the shortage of kindergarten spaces and the reduction of front-line officials, highlighting costly alternative activities in ministries. Additionally, she voiced concerns about the activity-based state budget, the adoption of European Union legislation without constitutional scrutiny, and the persistent problem of conflicts in the laws.

"Lastly, a subject likely to gain prominence in the upcoming overview year, if not in subsequent years. Unfortunately, we have witnessed a willingness in the public to overlook violations of the Constitution and fundamental rights for years. In the past, there was an economic crisis, then the pandemic, and now war. We observe an increasing number of draft laws and plans where security and safety are stated as arguments that do not seem to need further reasons. Therefore, esteemed Parliament, please deliberate on this matter and, if feasible, involve our office and other relevant parties. Is it appropriate to subordinate all constitutional freedoms and rights to an absolute security or security achievement objective?" alerted the Chancellor of Justice.

The Chancellor of Justice's annual overview is accessible here.

The Chancellor's speech to the Parliament and her responses to the questions posed by the Members of Parliament are documented in the stenogram.

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