The Ombudsman participates in an evaluation study on the impact of new technologies on migration and respect for migrants' human rights

Date of article: 19/11/2024

Daily News of: 20/11/2024

Country:  Slovenia

Author: Human Rights Ombudsman of Slovenia

The European Network of National Human Rights Institutions (ENNHRI) published the scoping paper Technologies, migration, and human rights: the role of European NHRIs. A contribution to the paper was also made by the Human Rights Ombudsman of the Republic of Slovenia.

New technologies are increasingly used in the context of asylum, migration, and border governance, and national human rights institutions (NHRIs) have an important role to play in ensuring human rights compliance in this fast-evolving area. As the impact and risks that the use of these technologies has on migrants’ rights is still underexplored, the paper aims to guide NHRIs in better understanding of the implications behind the interaction of emerging technologies with migrants’ rights, as well as providing introductory insights useful for NHRIs engagement.

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The Social Insurance Agency is strongly criticised for persistent long processing times in cases concerning the reimbursement of healthcare costs abroad and for, among other things, inadequate handling of a delay action in such a case

Date of article: 18/11/2024

Daily News of: 20/11/2024

Country:  Sweden

Author: Parliamentary Ombudsmen of Sweden

Date of decision: 2024-10-28

Decision case number: 9375–2023

Decision maker: Ombudsman

Summary of the decision: The time taken by the Social Insurance Agency to process a case regarding the reimbursement of the costs of medical treatment abroad was almost 13 months, despite the fact decisions in such cases must normally be taken within 90 days. The agency is severely criticised for its slow processing and for failing to fulfil its service, notification and documentation obligations during the processing.

Five weeks after the individual had requested the Social Insurance Agency to take a decision in the case, the agency rejected the request. Although the Parliamentary Ombudsman states that the Social Insurance Agency should have rejected the request instead for being submitted too early, he does not find sufficient grounds to criticise the agency for examining the substance of the request. He believes, however, that the decision should have been taken earlier. If a request is examined on its merits, such a decision must be taken within four weeks. According to the Parliamentary Ombudsman, a decision to reject a request that has been received too early should be taken much more quickly than this, and normally as soon as possible after it has been received. The Social Insurance Agency is criticised for inadequate handling of the action for delay.

The Parliamentary Ombudsman also notes that the Social Insurance Agency continues to have significant problems with long processing times in cases of reimbursement of medical and dental costs abroad, which is very worrying. The Parliamentary Ombudsman intends to follow developments in processing times in its continued supervision.

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The Commissioner for Education addresses bBrave Anti-Bullying Week Award ceremony

Date of article: 18/11/2024

Daily News of: 20/11/2024

Country:  Malta

Author: National Ombudsman of Malta

The Commissioner for Education, Chief Justice Emeritus Vincent De Gaetano, delivered a compelling address at bBrave’s Anti-Bullying Week Award Ceremony, held under the theme "The Right to a Safe Learning Environment."

During his speech, the Commissioner highlighted the profound impact of bullying, describing it as an affront to human dignity. He emphasised that bullying, in any form or medium, is a violation of fundamental human rights and cannot be justified under any circumstances.

The importance of human dignity and the rule of law

The Commissioner explained how human dignity and the rule of law are foundational to all international and national fundamental rights and freedoms frameworks. Drawing on the teachings of Immanuel Kant, he underscored that every individual possesses an intrinsic dignity that transcends age, status, and physical or intellectual capacity. This dignity, he stressed, remains inviolable, regardless of circumstances.

He noted that the rule of law obliges governments and states to protect and promote human dignity. It ensures that no individual, including those in positions of authority, is above the law and that legislation is applied fairly, without discrimination, and in the interest of the common good.

Addressing modern bullying

Reflecting on contemporary understanding, the Commissioner discussed how bullying manifests subtly in various contexts, including schools, workplaces, and organisations. He stressed the importance of equipping individuals with the tools to detect and combat bullying, particularly in its early stages.

He also referred to the findings of the November 2023 Report on the Study on Bullying and Ostracism at the Workplace in Malta, noting its examples of anti-bullying legislation from foreign jurisdictions.

Key legislative references

The Commissioner highlighted two significant pieces of legislation that underscore the protection of human dignity. The first is Germany’s Basic Law, specifically Sub-article (1) of Article 1, which states, "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." This provision emphasises the dual responsibility of the state to both respect and actively protect human dignity. The second is Article 1 of the EU Charter of Fundamental Rights, which declares, "Human dignity is inviolable. It must be respected and protected." This article serves as a foundational principle for EU member states, including Malta, reinforcing their obligation to uphold and safeguard human dignity.

Concluding remarks

The Commissioner thanked bBrave for inviting him to the ceremony and praised the organisation's commitment to promoting a safe learning environment for all. He concluded by emphasising the importance of ongoing dialogue and proactive measures to address bullying in all its forms.

The event powerfully reminded us of our collective responsibility to uphold human dignity and ensure safe spaces for learning and personal growth.

 

 

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Diritto al divertimento in sicurezza: riflessione costruttiva con gli studenti marchigiani

Date of article: 19/11/2024

Daily News of: 20/11/2024

Country:  Italy - Marche

Author: Garante regionale dei diritti della persona (Regional Ombudsman of Marches)

Evento del Garante regionale dei diritti in occasione della Giornata internazionale dell’infanzia e dell’adolescenza. Il 20 novembre ad Ancona oltre trecento adolescenti, dopo la visione di un docufilm sulla vicenda della “Lanterna azzurra”, svolgeranno una riflessione sul divertimento in sicurezza

“Sarà un momento di condivisione durante il quale ragazze e ragazzi potranno esprimere le loro riflessioni sul senso della responsabilità condivisa, dell’importanza dell’aiuto reciproco e della solidarietà in situazioni di rischio e pericolo per la salute”.
Con queste parole il Garante regionale dei diritti della persona, quale Garante regionale per l’infanzia e l’adolescenza, Giancarlo Giulianelli, ha annunciato l’evento in programma mercoledì 20 novembre, alle ore 10, alla Mole Vanvitelliana di Ancona proprio per celebrare la Giornata internazionale dell’infanzia e dell’adolescenza. Un evento organizzato sulla base di un progetto dello stesso Ufficio del Garante dal titolo “La linea sottile”, realizzato in collaborazione con la Fondazione LHS di Saipem, l’Ufficio scolastico regionale e il Comune di Ancona.
Cuore della giornata sarà la riflessione guidata e comunitaria con gli oltre trecento studenti marchigiani che parteciperanno all’evento al termine della visione del docufilm “La linea sottile. Doveva essere una festa” del giornalista e storyteller Luca Pagliari, in cui viene ripercorsa la drammatica vicenda della “Lanterna azzurra” di Corinaldo.

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Ombudsman findings, themes and trends – November 2024

Date of article: 20/11/2024

Daily News of: 20/11/2024

Country:  United Kingdom - Scotland

Author: Scottish Public Services Ombudsman

In this month’s edition of the Ombudsman’s findings, we discuss children and family services. 

This month we published decision reports from 22 complaints investigated by the Ombudsman. Sixteen these were about health services, three about health and social care and three about local government. The outcome of these 22 complaints were

  • Fully upheld: 15
  • Some upheld: 6
  • Not upheld: 1 

We made 74 recommendations for learning and improvement. 

Children and families 

Several of our cases this month relate to children and family services. 

In one case, our investigation found that a health and social care partnership failed to reasonably carry out enquiries into a child’s living conditions, following reports of concern from their grandparent. We also noted that the partnership failed to reasonably create, follow and document a Child’s Plan. 

We asked the partnership to apologise to the complainant, take timely and robust action to assess and investigate a situation when a concern is raised and ensure documentation is completed and monitored to a reasonable standard. 

In another case, a parent complained about the decision taken to end their child’s residential placement. We found no evidence that the draft needs assessment was shared with the child or their parents for comment, and no record of discussion with the child’s parents about respite options. It was unclear how the council concluded that Self Directed Support was in the child’s best interests, or that this has been properly communicated to the family. 

We asked the local authority to apologise and provide an explanation for why external respite options were considered unsuitable for the child. They also must ensure key decisions and changes are appropriately documented and communicated. 

Children and family social services directly impact the safety and wellbeing of vulnerable children and families. It is important these services operate effectively, in order to build trust, provide timely and meaningful support, and ensure that children's rights and needs are met. 

For more information on our work on Child Friendly Complaints, please visit our website

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

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Link to the Ombudsman Daily News archives from 2002 to 20 October 2011