Special Report 2024 | Return of Third Country Nationals

The year 2024 marked the close of the first decade of operation of the national monitoring mechanism of forced returns of third country nationals. It is noted that the Ombudsman’s special competence was granted by a Joint Ministerial Decision in 2014, after the Return Directive was incorporated into Greek legis­lation with L. 3907/2011.

A brief account of the Ombudsman’s activities includes the monitoring of more than 100 return operations by air, 35 return operations by land, 76 coast­al readmission operations under the EU-Turkey Joint Declaration (2016-2020) and more than 65 inspections/on-site visits at Pre-Removal Detention Cen­tres (PROKEKA), Migration Management Departments and Police Stations, to monitor the detention conditions of third country nationals.

Probleme beim Bürgergeld, wie zum Beispiel mit der Übernahme der Kosten für Miete oder Heizung, mit der Hilfe zum Lebensunterhalt, dem Wohngeld oder auch mit Leistungen der Krankenkassen oder Schwierigkeiten beim Kindergeld - die Bürgerbeauftragte für soziale Angelegenheiten des Landes Schleswig-Holstein, Samiah El Samadoni, hilft bei allen Fragen rund um das Sozialrecht. Darüber hinaus berät die Bürgerbeauftragte auch als Leiterin der Antidiskriminierungsstelle des Landes und als Ombudsperson in der Kinder- und Jugendhilfe im Rahmen dieser Sprechstunde. Zudem ist die Bürgerbeauftragte auch Beauftragte für die Landespolizei und damit Ansprechpartnerin für Beschwerden von Bürger*innen und Eingaben von Polizist*innen.

The Commissioner for Human Rights Marcin Wiącek took part in the opening session of the first day of the Academy of National Human Rights Institutions (NHRI), which takes place in Warsaw on 9-13 June 2025. The event is organized annually in different countries by the Office for Democratic Institutions and Human Rights (ODIHR) and the European Network of National Human Rights Institutions (ENNHRI).

In his speech, the Commissioner for Human Rights emphasized the exceptional importance of the activities of human rights defenders in civil society. In particular, he referred to Polish examples of abuses of power against human rights defenders, such as the cases of activists on the Polish-Belarusian border and participants in protests against the tightening of abortion law. He also pointed out the need to maintain the independence of human rights institutions as links between civil society and the judiciary.

During the event, the Commissioner for Human Rights Marcin Wiącek also talked to the Director of the Office for Democratic Institutions and Human Rights Maria Telalian. The discussions focused on the cooperation between the two institutions and current issues related to the protection of human rights. ODIHR is one of the key institutions of the Organization for Security and Co-operation in Europe, responsible for promoting democracy, human rights and the rule of law in OSCE participating States. Maria Telalian comes from Greece and took up the position of Director of the Office for Democratic Institutions and Human Rights in December 2024.

The week-long NHRI Academy brings together senior and mid-level staff from 25 national human rights institutions from across the OSCE region to receive tailored and practical training on how to address specific challenges faced by NHRIs in their work.

The training provides selected NHRI staff with a unique opportunity to learn and exchange experiences during a series of lectures, interactive sessions and workshops. This year’s edition focuses on strengthening the capacity of national human rights institutions to address challenges related to human rights defenders, including their protection and monitoring their situation. The Office of the Commissioner for Human Rights is represented by Magdalena Kurek from the Team for Presidential Affairs and International Cooperation.

News and events of the Ombudsman’s Office in May and June 2025 (information in links mostly available in Latvian).

Study reveals fragmentation of discrimination criteria and lack of common approach in laws

Fragmentation of discrimination criteria and lack of a common approach to types of discrimination in Latvian legislation may lead to problems in their application – such main shortcomings are revealed by the study on the situation of discrimination in Latvia by the Ombudsman’s Office. Another trend is that people sometimes confuse discrimination with what it is not, such as subjective injustice.

Young people who have voluntarily completed the National Defence Service should be provided with a study place without additional admission rules

According to the law, young people who have voluntarily completed National Defence Services should be provided with a study place without additional admission rules. However, the Ombudsman’s Office has received signals that practices tend to differ. Namely, in certain state universities or colleges, a young person must pass an entrance exam, which educational institutions call additional conditions to admission requirements, and not as part of a admission competition, in which soldiers do not have to participate.

The Ombudsman’s Office continues its work under the leadership of Deputy Ombudsman Ineta Piļāne

On 14 June 2025, the Ombudsman Juris Jansons submitted a notice to the Presidium of the Saeima (Parliament) on leaving the position as the Ombudsman on his own initiative. On June 19, the Saeima voted to dismiss Juris Jansons from the position of Ombudsman of the Republic of Latvia. The Ombudsman’s Office will continue to perform all the functions and tasks laid down in the Ombudsman Law under the leadership of Deputy Ombudsman Ineta Piļāne until Saeima appoints a new Ombudsman.

Legal framework for assessing the impact of wind farms on human health is still missing

In the verification procedure on deficiencies in lifting the regulation of safety protection zones around wind power plants (also called wind farms), the Ombudsman’s Office has found inappropriate action for good governance and calls on the Cabinet of Ministers (CM) to draw up a regulation regulating the assessment of the impact of noise, flicker and low-frequency sound on human health by 1 January 2025. This was the government’s commitment three years ago, but it has still not been done. It is also necessary to make amendments to Cabinet Regulations that would be consistent with the Protection Zone Law.

Constitutional Court will assess the regulation of entertainment noise based on the application of the Ombudsman

A case has been initiated before the Constitutional Court concerning the regulation of the assessment and management of entertainment noise based on the application of the Ombudsman. Previously, the Ombudsman repeatedly drew the attention of the responsible authorities to the need to arrange the field of entertainment noise to reconcile the right of residents to night rest with the right of entrepreneurs to earn money.

Ombudsman has requested Prosecutor General’s Office to evaluate the illegal practice of Mārupe and Salaspils municipalities in applying the increased 3% real estate tax rate

Two Latvian municipalities – Mārupe and Salaspils – continue to apply the increased real estate tax rate of 3% unlawfully and unjustifiably for constructions that have not been commissioned, but which still have a valid building permit. The Ombudsman has asked the Prosecutor General’s Office to assess the legality and validity of the actions and decisions taken by the municipalities of Mārupe and Salaspils.

Ombudsman replies: May employers indicate ‘desirable knowledge of foreign languages’ in job advertisements?

The Ombudsman regularly receives signals from residents about unsubstantiated foreign language requirements in job advertisements. Particularly confusing are the demands for ‘desirable knowledge of foreign languages’. Can such requirements appear and how are they regulated by law? The short answer is:  employers may require foreign languages for the performance of work duties, but they must be objectively justified and not desirable. Recommendations for employers to create an advertisement

Ombudsman replies: Who should control the behaviour of children on school buses?

Who should control the behaviour and accompany children on buses that take them to and from school (and is organised by the municipality)? The short answer is that municipality should deal with this issue. The upcoming summer is a good time to sort out the issue before the next school year.

Ombudsman replies: Can residents forbid representatives of the State Fire and Rescue Service to enter their property?

What to do in a situation when neighbours do not allow representatives of the State Fire and Rescue Service (SFRS) to enter their apartment, although there are legitimate concerns about the worn-out and unsafe wood heating system of this premises? The Ombudsman draws attention to the fact that the law imposes an obligation on the owner to take care of fire safety, which at the same time includes an obligation to admit the SFRS inspector to the property in order to verify it. This also applies to those cases where a potential threat has been reported by a neighbour.

Documents prepared by the Ombudsman’s Office:

• Looking for an employee? Tips for employers to create job advertisements
• Opinion in the case on execution of a court judgment in a case on termination of joint property, dividing real estate into apartment properties
• On planned changes in the conditions of payment for palliative care
• Opinion in the case concerning discrimination on grounds of disability

La justicia de Aragón, Concepción Gimeno, ha emitido una sugerencia al Departamento de Sanidad del Gobierno de Aragón en la que sugiere que se lleve a cabo un seguimiento continuo de las necesidades asistenciales en la Unidad del Dolor del Hospital Clínico de Zaragoza, así como de los recursos disponibles, adoptándose las medidas precisas que posibiliten que las listas de espera estén dentro de los estándares aceptables.

Esta sugerencia responde a la queja de una vecina de Zaragoza que en diciembre de 2024 llevaba más de dos años y medio esperando a ser citada después de que su médico le derivase a terapia del dolor. En la queja se especifica que la mujer tiene reconocido un 36% de discapacidad y que sufre fuertes dolores que le impiden llevar una vida normal.

En este sentido, el texto de la institución continúa sugiriendo que se trate de agilizar los trámites para que la paciente sea citada en la Unidad del Dolor e insta al Departamento de Sanidad a continuar con los esfuerzos y actuaciones que está llevando a cabo con el fin de tratar de buscar soluciones a los distintos problemas sanitarios de los ciudadanos.