Published 

27.9.2024

The Parliamentary Ombudsman acts as the National Preventive Mechanism for the UN Optional Protocol to the Convention Against Torture (OPCAT). In this capacity, the Parliamentary Ombudsman conducts inspections in places where persons deprived of their liberty are held. 

In November 2022, Parliamentary Ombudsman Petri Jääskeläinen ordered an inspection of the detention facilities on the ferry M/S Baltic Princess. The inspection was the first of its kind on passenger ships. A number of problematic issues emerged during the inspection, which most obviously do not concern only the inspected vessel. 

The inspection record EOAK/6559/2022 and the requests for opinion EOAK/816/2023 (document in Swedish), EOAK/1287/2023 and EOAK/1288/2023 have been published (in Finnish) on the Parliamentary Ombudsman's website.

Based on the inspection findings, the Parliamentary Ombudsman took the initiative to investigate the development of legislation and police procedures related to the oversight of security stewarding activities on board ships. He received statements from the Ministry of the Interior, the Ministry of Economic Affairs and Employment, the Ministry of Transport and Communications and the Åland Provincial Government. 

In the decision he has now made on his own initiatives, the Ombudsman states that the stewarding activities on board ships have been rather poorly supervised. It is particularly problematic that the police had not inspected and approved the detention facilities on board before they were taken to use, even though this is required by law. The questions of authority that are partly open to interpretation must not lead to non-compliance with the absolute requirements of the law. It is a question of the rights of persons who have been deprived of their liberty and who are often unable to take care of themselves.

The regulation of security stewarding activities on board ships is not sufficiently clear and comprehensive in all respects. Based on the statements, it is also unclear how the supervisory responsibility is divided between the authorities of Åland and those of mainland Finland. For situations where no security stewards have been appointed on board ships, the regulations only cover the use of force but do not include any provisions on the detention of persons. 

The Ombudsman brought his opinion of the need to develop the relevant legislation to the attention of the Ministry of the Interior and the Ministry of Economic Affairs and Employment. He also brought his views on, for instance, the inspection and approval of detention facilities to the attention of the Ministry of the Interior, the Åland Provincial Government and the National Police Board. Reports on the measures taken as a result of the decision must be submitted to the Parliamentary Ombudsman by 31 January 2025. 

The decision EOAK/816/2023 has been published on the Ombudsman’s website in both Finnish and Swedish.

Further information is available from Principal Legal Adviser Juha Haapamäki, tel. 09432 3334

On the occasion of the International Day of Older Persons, which is celebrated on 1 October, the Human Rights Ombudsman (Ombudsman) organised a roundtable at the Festival of the Third Age (Festival) titled How to Ensure a More Effective Protection of the Rights of Older Persons - Would the Establishment of an 'Older Person's' Advocate be the Right Answer?

At the roundtable, the Human Rights Ombudsman Peter Svetina pointed out that the institution of the Ombudsman receives an ever-increasing number of complaints from older persons related to a variety of hardships and prejudices they encounter in their everyday lives, such as digital exclusion, ageism, and discrimination, loneliness, the unavailability of medical services, etc. As he stated, the numerous complaints received by the Ombudsman also bring to light various forms of violence that retirement home residents are subject to, which is concerning. “As a society, we must at all times and everywhere maintain a zero-tolerance policy towards violence and must ensure victims can speak up about it as well as find a safe environment. Additionally, it is essential to invest in the assurance of safety, training, and education of everyone, especially individuals hailing from professions where working with older persons is commonplace. Findings based on responses by the leaderships of retirement homes that received our inquests have shown that the lack of adequate human resources is the key issue. However, there is also a lack of awareness of what behaviour is acceptable and what is not. We at the Ombudsman's office often call to immediate action regarding this,” Svetina said at the roundtable.He added that the establishment of a so-called older person's advocate could be one of the possible broader measures, which would then be available to assist older persons in facing various hardships they encounter. This could be an essential element in improving the quality of care and protecting the rights of older persons in Slovenia, including those in retirement homes. Namely, those residing in institutions are an especially endangered group among this part of the population. Older persons, especially in retirement homes, represent one of the most vulnerable parts of society that has often gone overlooked. “Concurrently, I would like to point out the alarming situation in retirement homes. Namely, most retirement homes face severe staffing shortages, as employees are leaving due to wage dissatisfaction, many of them leaving for areas where the pay is better and where there is no work on Sundays, holidays, or night shifts. We obtained information that this resulted in many empty retirement home beds and that staffing shortages caused certain departments to be closed. Even some newly opened homes cannot begin operating due to staff shortages, or at least not at full capacity. At the same time, there are long waiting lists for applicants who cannot access social security services due to the reasons mentioned earlier,” Svetina highlighted.

The Deputy Ombudsman, Dr Dijana Možina Zupanc, emphasised during the roundtable that there exists a void in the existing system for the protection of the rights of older persons, who often find themselves without anyone to turn to in difficult situations, nor do they have anyone to turn to in case of violence, abuse, neglect or exploitation, or any other form of violations. “That is why the Ombudsman has been recommending the establishment of a mechanism or a network of older person advocates who would be the voice of older persons – both those in home environments and those in institutionalised care. Furthermore, the systemic gaps which limit or even discriminate older persons from realising their rights must also be considered. The system must ensure older persons' dignity, safety, and the power of co-decision about themselves,” Dr Možina Zupanc said.

The other roundtable participants also agreed that the current protection of older persons' rights is inadequate and insufficiently effective. They agreed it is necessary to take steps towards the establishment of older persons advocates, as almost a quarter of the Slovenian population is aged 65 years or higher, and their share of the total population is only growing. Thus, these issues need to be addressed immediately.

At the roundtable, the Human Rights Ombudsman Peter Svetina appealed to the competent authorities to remedy existing inadequacies, which are both reflected in such drastic staff shortages in social security institutions and the lagging deinstitutionalisation process that would allow individual access to alternative forms of help in their home environments. “The state must offer more forms of community care – daycare centres, housing groups, residential units, some of which are already operating successfully, and inform older persons on these options more actively,” said Svetina.

For this occasion, the institution of the Human Rights Ombudsman published a publication titled Tudi starejši imamo svoje pravice (We older persons have rights as well), with which they wish to inform older persons on their rights and their options should their rights be violated. The booklet also contains a concise list of contacts of key institutions that can offer help when older persons find themselves experiencing hardships. It will not only be available for Festival attendees but also in retirement homes, social welfare centres, and municipalities that already have Ombudsman’s Corners.

The Ombudsman also cooperates with the Festival by having a stand where visitors can discuss possible rights violations with the Ombudsman's experts, get acquainted with the Ombudsman's mission, obtain information on when and how they can turn to the Ombudsman for help, or have a leisurely chat about the work of the institution of the Human Rights Ombudsman of the Republic of Slovenia.

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The roundtable also featured Tatjana Milavec of the Association of Centres for Social Work, Denis Sahernik of the Association of Social Institutions of Slovenia, Irena Žagar of the Silver Thread Association, Vijola Bertalanič of the Slovenian Federation of Pensioners Associations, and Irena Špela Cvetežar of the Nurses and Midwives Association of Slovenia.

Artificial intelligence and big data Inter-governmental human rights systems

FRA joined the 2nd meeting of the Council of Europe’s Expert Committee on AI, Equality and Discrimination from 25 to 26 September in Strasbourg. The Committee discussed a draft recommendation on AI and Equality.

FRA presented its report on bias in algorithms. It took part in the discussions based on its research findings. 

FRA also joined the 1^st meeting of the Council of Europe’s Drafting Group on Human Rights and Artificial Intelligence on 27 September. The Group discussed the scope of a handbook on AI and human rights. 

FRA presented its work on AI and the Group expressed its interest in cooperating with FRA. 

• La Diputada del Común ante el nuevo drama humanitario en la isla de El Hierro, recuerda “la necesidad de coordinación efectiva de las instituciones públicas”.
• “El pacto debe ponerse en marcha con carácter de urgencia y garantizar que se pongan en práctica las medidas recogidas en él”.

La Diputada del Común, Lola Padrón, ante la triste noticia del mortal vuelco de la embarcación en la isla de El Hierro donde han perdido la vida nueve personas y casi medio centenar de desaparecidas, ha determinado que “es necesario que la Unión Europea cambie la mirada hacía canarias con mucha más insistencia y cumpla el Pacto Europeo por la inmigración de inmediato, no podemos esperar dos años, hay que garantizar que se pongan en práctica las medidas que se recogen en él, tales como el control de fronteras, la distribución de personas según sus intereses para que puedan realizar sus proyectos personales y todo aquello que influya en que los servicios y las islas no sean solo receptores de personas que puedan perder los derechos humanos, o como en este caso su vida, en el camino hacia un futuro mejor”.

Desde la Diputación del Común se proclama la urgencia de que Europa tome medidas y se ponga en práctica el Pacto Europeo “que es un buen pacto”, insiste Padrón, quien recuerda que desde a Diputación del Común se viene exigiendo repetidamente “soluciones urgentes y no solo lamentarnos ante situaciones tan dramáticas, sino comprender que tenemos la necesidad de una coordinación efectiva de las instituciones públicas y que hay que sentarse y empezar a cambiar la mirada, pero no solo la mirada porque hay que mirar el problema de frente, no hay que estar rozándolo y bordeando como si no fuera con nosotros, no podemos mirar para otro lado, necesitamos el apoyo internacional, este es un fenómeno muy complejo pero un país y una comunidad autónoma no puede afrontarlo y menos sin coordinación, ni acuerdos”.