Día Internacional de las Personas con Discapacidad

Date of article: 03/12/2024

Daily News of: 06/12/2024

Country:  Spain - Valencia

Author: Regional Ombudsman of Valencia

En el día de hoy queremos recordar los derechos de las personas con discapacidad y reafirmar nuestro compromiso en la defensa de estos derechos.

En materia de discapacidad, de las quejas recibidas en el Síndic a lo largo del 2024, destacan numéricamente las relacionadas con el incumplimiento de los plazos para resolver los expedientes de valoración del grado. Un asunto que ha sido objeto de múltiples recomendaciones y sugerencias dictadas por esta institución.

No podemos olvidar que, en muchos casos, estas demoras conllevan perjuicios a las personas con discapacidad, al impedirles el acceso a aquellos beneficios que tienen reconocidos por derecho y que intentan hacerles la vida más sencilla y facilitar su inclusión social. Cuando los afectados son niños, estas demoras impiden el acceso rápido a terapias que son claves en los primeros años de vida, así como a otras ayudas socioeconómicas y prestaciones.

Los siguientes expedientes reflejan nuestra actuación sobre este tema:

También detallamos otros asuntos que hemos tramitado a lo largo de este año y que, igualmente, afectan a los derechos de personas con discapacidad:

  • Sobre el déficit de plazas en centros específicos para atender debidamente a una persona con discapacidad intelectual con graves trastornos de conducta, lo que conllevó su derivación a otras comunidades. Enlace: https://acortar.link/Mes8Ca
  • Sobre empleo público: un aspirante con discapacidad intelectual excluido de dos procesos selectivos: auxiliar administrativo y ordenanza. Enlace: https://acortar.link/F4jCdn

Sobre la tutela de un menor con discapacidad en acogimiento familiar y su proceso de adopción. Enlace: https://acortar.link/NzFDKT

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IOI Ombudsman News 48/2024

Date of article: 06/12/2024

Daily News of: 06/12/2024

Country:  WORLD

Author: International Ombudsman Institute

 


 

International Ombudsman Summit 2024

HONG KONG, CHINA | 35th Anniversary Reception of the Office of The Ombudsman celebrates commitment to promoting administrative justice and fairness

The inaugural International Ombudsman Summit 2024, hosted by the Office of The Ombudsman, Hong Kong, was held on 3 December. The Summit coincided with the 35th anniversary of the establishment of the Office. To celebrate this important milestone, the 35th Anniversary Reception was also held in the evening.



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Interns from FTO with Moroccan Mediator, Mr Benalilou

PAKISTAN | International Intern Exchange between Federal Tax Ombudsman Pakistan and Institution of Mediator of Kingdom of Morocco

In June 2024, the Federal Tax Ombudsman Pakistan and the Institution of the Mediator of the Kingdom of Morocco, both IOI Members, signed a Memorandum of Understanding for the inaugural batch of the first International Internship Exchange Program.



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Ombudsman Quarterly Report is out now

NEW ZEALAND | Ombudsman Quarterly Review

Kindly click here to access the Spring 2024 Ombudsman Quarterly Review of the Office of the National Ombudsman New Zealand. 

 

 



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CANADA | Veterans Ombud announces the 2024 Commendations recipients

On 28 November 2024, the Veterans Ombud Colonel (Ret’d) Nishika Jardine presented nine 2024 Veterans Ombud Commendations to recipients at a virtual ceremony. The award recognizes and honours the dedication, hard work and selfless motivation of an individual or group's contribution to Canada's Veterans and their families.



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La adjunta para la defensa de los derechos de los niños y adolescentes presenta las cinco propuestas

ESPAÑA | La adjunta de infancia del Síndic de Greuges de Cataluña trasladó a la Administración cinco propuestas para mejorar el sistema de protección catalán

La adjunta para la defensa de los derechos de los niños y adolescentes, Aida C. Rodríguez, acompañada por personal asesor del área de infancia, trasladó el jueves a la Generalitat de Cataluña las cinco propuestas que un grupo de jóvenes que viven en centros del sistema de protección catalán ha elaborado para mejorarlo y adaptarlo a sus necesidades.



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BRAZIL | DPU Advocates for Women Victims of Domestic Violence Accused of International Child Abduction

On Wednesday, 13 November, at the National Congress, the Federal Public Defenders’ Office (DPU) called for greater recognition of the plight of women who, as victims of domestic violence, are accused of international child abduction. Federal Public Defender Daniela Brauner participated in two public hearings held at the Federal Senate and the Chamber of Deputies, addressing the application of the Hague Convention in cases where Brazilian mothers return to Brazil with their children after fleeing domestic violence.



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CANADA | Le Commissaire aux services en français exhorte l'Ontario à créer un répertoire numérique des services au public assujettis à la Loi sur les services en français

Dans son Rapport annuel 2023-2024 rendu public le 5 décembre 2024, le Commissaire aux services en français Carl Bouchard demande au ministère des Affaires francophones de rendre public un répertoire numérique complet des services couverts par la Loi sur les services en français (LSF), afin que les francophones puissent facilement les localiser et y accéder.



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The Provincial Ombudsperson Punjab's surprise visit to King Edward Medical College

PAKISTAN | Provincial Ombudsperson Punjab Champions Anti-Harassment Measures in Educational Institutions across Punjab

In a series of unannounced visits to prominent educational institutions, Ombudsperson Punjab, Ms. Nabila Hakim Ali Khan, reinforced her commitment to ensuring a harassment-free environment for women. At King Edward Medical College, she evaluated the implementation and effectiveness of anti-harassment protocols. Her visit included interactions with faculty and staff to assess the institution’s adherence to preventive measures and policies safeguarding women.



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Opinion of the Commissioner for Human Rights on two draft laws on registered partnerships

Date of article: 03/12/2024

Daily News of: 06/12/2024

Country:  Poland

Author: Polish Ombudsman

n light of the ECHR judgments, Poland is obliged to introduce the right of same-sex persons to enter into a formalized union, which is an independent legal institution with specific rights and obligations.
The introduction of a civil partnership in the proposed form by means of an ordinary act does not violate the Constitution of the Republic of Poland, including its Article 18, which states that marriage is a union between a woman and a man.
The draft laws are based to a significant extent on the automatic extension of the scope of the rights and obligations currently applicable to spouses to persons in civil partnerships.
This legislative measure is largely unambiguous, but it is not required by the ECHR and does not always correspond to the specific content of a civil partnership and the differences between this relationship and marriage.
It is primarily about significantly simplifying the procedure for dissolving a relationship. This inconsistency can be removed by introducing guarantees of the stability and durability of a civil partnership, or by differentiating certain rights and obligations of persons in a civil partnership towards spouses.
The Commissioner for Human Rights Marcin Wiącek, presented to the Minister for Equality Katarzyna Kotula, an opinion on the draft Act on Registered Civil Partnerships and on the Act on the Provisions introducing the Act on Registered Civil Partnerships (the opinion concerns the version of 18 October 2024).
 

XI.022.1.2024

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At the Bled International Conference, many calls for more decisive measures by countries in dealing with global challenges in society and respect for human rights

Date of article: 05/12/2024

Daily News of: 06/12/2024

Country:  Slovenia

Author: Human Rights Ombudsman of Slovenia

Just ahead of 2025, the Human Rights Ombudsman of the Republic of Slovenia, Peter Svetina, is hosting a two-day international conference in Bled today and tomorrow, 5 and 6 December, in which the institution of the Human Rights Ombudsman of the Republic of Slovenia is celebrating its 30th anniversary. Its purpose is to address some of the challenges in the field of human rights, which are related, among other things, to digitalisation and artificial intelligence, the environment and climate change, growing populism, migration, an ageing society, and the threats that ombudsmen and others are increasingly facing in their work as human rights defenders.

"Social rules are put to the test in new circumstances, so it is especially important to respect the decisions of those bodies that judge which norms in society should apply, so that the dignity of the individual is respected, and their rights and fundamental freedoms are realised. The work and mission of strong ombudsman or national human rights institutions, which are professional, independent, and effective, is certainly one of the criteria for the functioning of the rule of law and an important foundation of democracy, which is also highlighted by the European Commission in its reports. Their role must therefore be strengthened, and the decisions and recommendations they make must be respected," emphasised Slovenian Ombudsman Peter Svetina at the opening of the conference.

He touched on the new EU Pact on Migration and Asylum, the EU Act on Artificial Intelligence, the Corporate Sustainability Due Diligence Directive (CSDDD), and the Directive on the Protection of Persons from Obvious Abuses of Judicial Procedures (SLAPP), which introduce monitoring mechanisms by independent institutions, for which ombudsmen and national human rights institutions, especially in smaller countries, often lack sufficient capacity and financial resources. As he said, in a rapidly changing world, in which technological progress also dictates the pace of development, it is important for ombudsmen to strengthen themselves financially, in terms of personnel and professionally, and to adapt their operations, but not at the expense of direct contact with people, which unfortunately is receding more and more into the background in society. In his opinion, raising awareness, education, and strengthening the culture of respect for human rights is also extremely important, where the transfer and use of good practices of related institutions is crucial. Peter Svetina has forged excellent relations with many fellow human rights ombudsmen, not only within the framework of the Mediterranean Association of Ombudsmen, which he chairs, or of the International Institute of Ombudsmen, where he is a member of the Board of Directors for Europe, but also bilaterally between institutions. This is confirmed by the participation of human rights ombudsmen or heads of national human rights institutions from Albania, Armenia, Bosnia and Herzegovina, Cyprus, Greece, South Africa, Kosovo, Croatia, Hungary, Malta, Monaco, the Netherlands, Portugal, and Northern Ireland, as well as representatives from Montenegro and Morocco, at the conference in Bled.

In addition to the other participants – the European Ombudsman, representatives of international human rights institutions such as the European Union Agency for Fundamental Rights, the European Network of National Human Rights Institutions (ENNHRI) and the Global Alliance of National Human Rights Institutions (GANHRI), experts and practitioners from the field of human rights, representatives of civil society, policymakers and decision-makers – the President of the National Assembly of the Republic of Slovenia, mag. Urška Klakočar Zupančič and by video link the Commissioner for Human Rights of the Council of Europe Michael O'Flaherty. Ms Klakočar Zupančič emphasised that human rights are not only a general international norm, but open one of the most important questions that we must ask ourselves anew every day: what kind of world do we want to live in. She added that if we want to become an inclusive, tolerant community that peacefully coexists with others, we must raise awareness and accept human rights as a common fundamental value.

The President of the European Court of Human Rights, Dr Marko Bošnjak, also attended both days of the conference. He underlined the key role of ombudsman institutions and national human rights institutions in ensuring the protection of human rights in individual countries, especially in the context of challenges such as climate change. He also highlighted the important contribution of these institutions as independent third parties participating in proceedings before the European Court of Human Rights.

Dr Milan Brglez, State Secretary at the Ministry of Justice, participated as a speaker at the conference, taking the opportunity to thank everyone who had contributed to the work of the Ombudsman over the past three decades and added: "The Ombudsman has become a key building block in the system of protection of human rights and fundamental freedoms." At the Ministry of Justice, which has systemic responsibility for this area, we are aware of our responsibility – we are preparing an amendment to the Human Rights Ombudsman Act, which will further strengthen its powers, and one of the key tasks we face is to ensure that the institution continues to be independent and capable of operating without pressure from the authorities or other interest groups in the future.

The guests of the international conference agreed that the ageing society in most European countries is one of the most important modern challenges, but that the countries, the European Union, and international organisations do not take it seriously enough. They called on those responsible in individual countries to immediately adopt the necessary structural reforms that will enable a long-lived society to not only be a phrase that means the livelihood of many elderly people, whose rights are already often violated, but will also mean a commitment to ensure the elderly quality and decent life.

At the event, much attention was also paid to the climate crisis. The interlocutors, including the Deputy Ombudsman Dr Dijana Možina Zupanc, pointed out that due to extreme weather events, we are experiencing long-term droughts, fires, floods, desertification, and simultaneous rising of the sea level, resulting in the loss of diverse habitats, fertile agricultural land, and forest areas, which, among other things, threatens the safety and supply of drinking water and food. All these risks, in addition to the broader economy, affect the already vulnerable population groups the most, especially the poor. "The hardships of individual groups from the point of view of climate change are multifaceted – from short-term, such as the loss of jobs in traditional industries, to medium- and long-term, such as a decrease in the reliability and safety of drinking water and food supply, an increase in the cost of energy supply, and healthcare problems due to rising temperatures, the probability of being affected by extreme weather events is greater," the Deputy Ombudsman emphasised, and advocated, among other things, that the right to a clean, healthy, and sustainable environment be re-recognised at the international level. As she said, countries must adapt their actions in such a way that responses are quick and effective. "The current generation has a responsibility to protect the environment, to provide a healthy living environment for future generations, and to ensure fair treatment of the elderly in climate policies," stressed Dr Dijana Možina Zupanc.

A special thematic panel was also dedicated to respect for human rights in the introduction and use of artificial intelligence, which can cause new risks for individuals, their right to privacy, and the possibility of discrimination due to various personal circumstances and increased control over individuals. The interlocutors therefore agreed that the technological development of artificial intelligence must take place within appropriate legal and ethical frameworks that will strengthen the existing levels of respect for human rights and fundamental freedoms, and they advocated an active role for national human rights institutions. They emphasised that it is imperative to eliminate the digital divide and ensure equal, non-discriminatory access to digital technologies for everyone, which must also include training for various vulnerable groups who do not know their way around the digital world or do not have the appropriate skills or competencies to use it.

The International Bled Conference confirmed that ombudsman institutions and national human rights institutions are a key pillar in the protection of human rights in times of increasing global challenges. The participants agreed that the voice of these institutions is increasingly important in calling attention to the respect of human rights in dealing with and regulating a number of new areas in an increasingly complex world. These institutions can be even stronger by using innovative approaches, for which they first need to recognise this kind of potential in society and ensure the necessary personnel, financial autonomy, and independence. Therefore, the participants exchanged good practices, experiences, and established contacts for future collaborations for an even more just and inclusive society in the future.

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(EO) Ombudsman asks Council and Commission to improve compliance with EU case law on access to legislative documents

Date of article: 06/12/2024

Daily News of: 06/12/2024

Country:  EUROPE

Author: European Ombudsman

News - Date Friday | 06 December 2024
Case OI/4/2023/MIK - Opened on Monday | 02 October 2023 - Decision on Tuesday | 03 December 2024 - Institutions concerned European Parliament | Council of the European Union | European Commission ( No further inquiries justified ) - Country France

  • Inquiry opened
    05/07/2023
  • Inquiry ongoing
    02/10/2023
  • Inquiry outcome
    03/12/2024

Following an own-initiative inquiry, the Ombudsman has asked the Council of the EU and the European Commission to improve compliance with EU case law on public access to legislative documents.

The European Court of Justice (ECJ) has found that wider access must be granted to EU legislative documents and the list of exceptions to the right of access to documents must be applied “all the more strictly”.

The Ombudsman’s inquiry looked into how the Council and Commission handled access requests concerning three important pieces of EU legislation, namely the Digital Markets Act, the revision of the Emissions Trading Scheme Directive, and the Minimum Wage Directive.

It found that while the two institutions disclosed a large amount of legislative documents, in many instances they applied the exceptions under the EU access to documents law (Regulation 1049/2001) too broadly.

When using the protection of ongoing decision-making processes as a reason for refusing access to documents, both the Council and the Commission had arguments that were vague, abstract, and unsubstantiated. Their reasoning - including that disclosure would result in external pressure or public misinterpretation - has already been dismissed by the EU Court.

Similarly, arguments presented by both institutions on the need to protect legal advice have also been dismissed by the Court.

The Ombudsman noted that this failure to be consistent with EU case law is deeply concerning in a Union based on the rule of law.

The Ombudsman asked both institutions to promptly disclose legislative documents, even if doing so would give rise to external pressure as this is a factor in any democratic law-making process.

She also asked that access to legislative documents be refused only in truly exceptional circumstances, and that third parties making submissions during the law-making process be informed that their submissions may be disclosed.

The Council and Commission have been asked to indicate how they have implemented the Ombudsman’s suggestions by 3 June 2025.

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