To better protect people exposed to discrimination, states should step up the efficiency, independence and impact of equality bodies, says the Council of Europe’s anti-racism commission (ECRI) in a new set of recommendations to the European governments published today.

The new General Policy Recommendation of the European Commission against Racism and Intolerance (ECRI) draws on existing good practices and focuses on the key elements for the establishment and effective functioning of equality bodies. These bodies should be established by constitutional provision or parliamentary legislation, be set up as a separate legal entity and work without interference from the State or political parties.

"Equality bodies play an essential role in advancing equality and combating discrimination and intolerance. The ECRI General Policy Recommendation on the establishment and functioning of equality bodies recognises the importance of their work and offers clear guidance on how Council of Europe Member States can strengthen equality bodies to achieve equality and social cohesion. Equinet supports this call for independent and effective equality bodies with the powers and resources to ensure that our rights to equality are applied on the ground and made accessible to all," according to Equinet Chair Tena Šimonović Einwalter and Deputy Ombudsman. She is also a representative of Croatia at ECRI, and was also head of the working group that made the recommendations.

Equality bodies should have two key functions: (i) to promote equality and prevent discrimination, in particular by conducting inquiries, pursuing research, raising awareness, supporting good practice, making recommendations and contributing to legislation and policy formation; and (ii) to support those exposed to discrimination and pursue litigation on their behalf. Equality bodies can have an additional function of deciding on complaints of discrimination by taking legally binding decisions to impose sanctions, or by making non-binding recommendations.

ECRI’s Chair Jean-Paul Lehners pointed out that people exposed to discrimination and intolerance often lack the ability or the resources to protect their rights. Equality bodies therefore have an important role to play in helping and solving their problems.

Strengthening the equality body is especially necessary due to the challenges facing citizens across Europe today, so Equinet welcomes recommendations for boosting its independence, efficiency, functions and powers, as the result will ultimately be an equal society for all.

Deputy-Ombudsman Maija Sakslin states that radon measurements in some workplaces and public facilities have not been conducted according to the measurement obligation. Considering compliance with the legislation on radiation and fulfilling its purpose, the situation is quite unsatisfactory. It seems that there has been an extended period of time of insufficient compliance with the radon measurement obligation. 

Deputy-Ombudsman Sakslin states that, as supervising authority, the Radiation and Nuclear Safety Authority (STUK) should take measures to improve the efficiency of monitoring activities. Compared to the current situation, monitoring should be more effective and create more results, taking into account the health risk caused by long-term exposure to indoor air with potentially high levels of radon.

It would also be justified to improve communication so that information about the measurement obligation would be as widely known among employers as possible. According to the Deputy-Ombudsman, STUK should also take measures to enable effective cooperation between industrial safety authorities and health protection authorities with regard to monitoring operations.

The full text of decision EOAK/66/2017 made by Deputy-Ombudsman Maija Sakslin has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi.

Parliamentary Ombudsman Petri Jääskeläinen has stated that the director and assistant director of Mikkeli Prison committed an offence in exercising official authority. In March 2016, they had both submitted false information to the Deputy-Ombudsman in their further clarifications regarding the investigation of a complaint made by a prisoner. The offences committed by the director and the deputy director are false statement given to an authority and breach of official duty.

The conduct of the director and the assistant director was revealed when, after the decision regarding the complaint had been made, the personnel of Mikkeli Prison contacted the Office of the Parliamentary Ombudsman to say that the information provided by the director and the assistant director was not true. The Parliamentary Ombudsman ordered a pre-trial investigation, which was conducted by the National Bureau of Investigation. 

The Parliamentary Ombudsman finds the conduct of the director and the assistant director serious in terms of the preconditions for Ombudsman´s oversight of legality. However, the Parliamentary Ombudsman decided, that it is not necessary to bring charges as, in this case, the false information did not cause any harm to the officials subject to the complaint nor to the complainant.

The Parliamentary Ombudsman reprimanded the director of Mikkeli Prison and the assistant director for the offences imputed to them. They have a possibility to ask the Ombudsman to bring the case to court for the assessment of guilt.

The full text of Parliamentary Ombudsman Petri Jääskeläinen's decision no 2809/2017 has been published (in Finnish) on the Parliamentary Ombudsman's website at www.oikeusasiamies.fi.

Deputy-Ombudsman Pasi Pölönen finds it problematic that all cells in the isolation ward of Riihimäki Prison are unfurnished. The cells in the isolation ward only have a mattress on the floor. Unfurnished cells can also be found in the isolation wards of other prisons.

Prisoners are placed in the cells of the isolation ward as a disciplinary sanction to impose solitary confinement. Prisoners may also be placed in these cells as a precautionary measure for observation, isolation under observation and to segregate them from other prisoners while a breach of prison rules is being investigated. 
Prisoners are placed to the isolation ward on different grounds and for different purposes and the cell and the conditions to which the prisoner is to be placed in each individual situation must be considered on a case by case basis.  

According to Deputy-Ombudsman Pölönen, the general rule cannot be that prisoners can be placed into unfurnished cells in all situations. The Deputy-Ombudsman is also of the opinion that prisons should acquire pieces of furniture to give to the prisoner in the cell. It is not acceptable humane treatment that prisoners have to have their meals while sitting on the floor. Prisons have different practices regarding the above-mentioned matters.
In the Deputy-Ombudsman's opinion, it would be justified and important for the Central Administration Unit of the Criminal Sanctions Agency to issue guidelines for prisons on how and in what kind of conditions the above-mentioned measures must be implemented.

The Deputy-Ombudsman has requested the Central Administration Unit of the Criminal Sanctions Agency to report by 1 August 2018 what kind of measures have been taken due to his opinion regarding the acquisition of furniture and drawing up guidelines.  

The full text (in Finnish) of Deputy-Ombudsman Pasi Pölönen's decision EOAK/1276/2017 has been published on the Parliamentary Ombudsman's website, www.oikeusasiamies.fi

Welcome to Issue 12 of The Ombudsman's Casebook, the first for 2018. The Casebook is where we share summaries of some of the cases Ombudsman Peter Tyndall recently examined. 　

Among the complaints about public services that are summarised this quarter are:　

• the Long Term Illness Scheme (page 18)
• tuition fees in a third level college (page 4)
• housing payments (page 26)

We hope you find the cases relevant to your work and if you wish to see previous editions of the Casebook, including a special ‘Nursing Home' edition please visit our website: www.ombudsman.ie

Remember you can follow us on Twitter @OfficeOmbudsman, for all the latest news from the Ombudsman’s Office.