Ombudsman indignant about the positions of URI Soča and again calls on those responsible to not take hostage persons with disabilities

Date of article: 12/03/2024

Daily News of: 19/03/2024

Country:  Slovenia

Author: Human Rights Ombudsman of Slovenia

Article language: en

For almost a month, the Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) has been warning those responsible about the issue of not providing check-ups at the Outpatient Clinic for Drivers with Special Needs at URI Soča during the physicians’ strike. Despite the fact that the Ombudsman has several times stated the arguments about the fact that, while a strike is a legitimate way of achieving goals, strike goals must not be pursued to the detriment of vulnerable groups of inhabitants, yet no progress can be seen. The actions of URI Soča, which does not heed the Ombudsman’s recommendations and does not follow the commitments originating from the Convention on the Rights of Persons with Disabilities, are estimated as unacceptable. The Ombudsman is indignant about the fact that persons with disabilities are being held hostage.

In the upcoming days, Human Rights Ombudsman Peter Svetina intends to meet with the Prime Minister and the Minister of Health, where, in addition to other healthcare-related subjects, the issue of URI Soča will also be discussed. In the Ombudsman’s opinion, the institutions could, should there be any willingness, certainly find a basis or way to perform check-ups for the extension of driver’s licences for persons with disabilities aged between 18 and 65. Since this Gordian knot has to be cut, at the meeting Ombudsman Svetina will once again call on the government and the National Assembly to immediately guarantee indisputable legal basis in the law which will enable persons with disabilities to have physicians perform all medical services for them during the strike. Allow us to recall that last week, the Ombudsman publicly proposed to the government that it prepare a proposal for the amendment of Article 46 of the Medical Services Act as soon as possible, which, during strikes, will provide persons with disabilities with all medical services, as it now does for children up to 18 years of age, patients older than 65 years, and pregnant women.

In his correspondence with URI Soča the Ombudsman pointed out the collision of the constitutional right to strike with the right to healthcare and the rights of persons with disabilities. “The current problems of persons with disabilities who in their distress turn not only to the Ombudsman but also to the media are certainly an example of the instance where a limitation of the physician’s strike would be justified. By no means can persons with disabilities and patients be hostages in a battle of power between the government and physicians, hence I expect those responsible to do everything in their power to ensure the respect of their rights. May I again recall the execution of rights deriving from the Convention on the Rights of Persons with Disabilities, which stipulates that contracting states must enable persons with disabilities an independent life and full cooperation in all areas of life as well as providing the right to an independent life and inclusion in the community,” stresses Ombudsman Svetina.

In early March, the Ombudsman received an answer from URI Soča, the message of which was that physicians will not change their way of work since supposedly, the Decree on the provision of medical services during a strike adopted by the government on 29 February 2024 is unlawful. “Such an answer is completely unacceptable and points to the arrogance and indifference of the leadership of URI Soča. Namely, the only body competent to judge this in Slovenia is the Constitutional Court of the Republic of Slovenia. In addition, from the human point of view, the only reasonable and expected thing to do is for the institutions, such as URI Soča, to respect the rights of persons with disabilities in any circumstances. Thus, I expect that the management of URI Soča acknowledge the rights of persons with disabilities and not only convey the positions of their strike committee,” adds Ombudsman Svetina, who in these dire times expects reason to prevail for the benefit of people.   

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Reunión de trabajo con Euskarabidea

Date of article: 18/03/2024

Daily News of: 19/03/2024

Country:  Spain - Navarra

Author: Regional Ombudsman of Navarra

Article language: es

El Defensor del Pueblo-Nafarroako Arartekoa, Patxi Vera, mantuvo ayer un encuentro con el director de Euskarabidea, Jabi Arakama, para poner en común el trabajo de ambas instituciones con vistas a la resolución de quejas que, en materia de Euskera, presenta la ciudadanía por la acción u omisión de las administraciones navarras.

En ese sentido, tanto Vera como Arakama han mostrado su disposición a colaborar en todos aquellos asuntos de mutuo interés así cómo a ofrecer el mejor servicio posible a las personas en la defensa de sus derechos lingüísticos.

En la reunión han participado también el secretario general del Defensor del Pueblo de Navarra, Carlos Sarasíbar; así como Hasier Morras Aranoa, director del Servicio de Desarrollo del Euskera en las Administraciones Públicas, y Ander Irizar Apaolaza, director del Servicio de Recursos Lingüísticos de Euskarabidea.

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Reinforcing human rights protection in the Czech Republic: The Defender draws on Norway’s experience

Date of article: 18/03/2024

Daily News of: 19/03/2024

Country:  Czechia

Author: Czech Public Defender of Rights

Article language: en

The Defender, Stanislav Křeček, and his deputy, Vít Alexander Schorm, introduced today the preparations made by their office with regard to the possible further expansion of their competence in the field of human rights protection. Over the past four years, the Defender has utilised 38.25 million Czech crowns under the Norway Grants project [1] to enhance his activities in the area of human rights with a number of surveys, reports and recommendations, as well as other activities aimed at experts and the general public. Thanks, among others, to the partnership with the Norwegian National Human Rights Institution, the staff of the Defender’s Office have gained experience in working methods typical of institutions with a broad human rights protection mandate. They already put the experience to use in their current work, and will benefit from it especially if the Public Defender of Rights assumes the role of a national human rights institution (NHRI) and a children’s ombudsman. Both are envisaged by the forthcoming amendment to the Public Defender of Rights Act, discussed by the Legislative Council of the Government on Thursday, 29 February.
 

From January 2020 to the end of 2023, eleven employees of the Defender’s Office on average worked on the Norway Grants project, eight of them full-time. They specialised in areas such as protecting vulnerable children and their families, equal treatment and protection against discrimination, and prevention of ill-treatment of people restricted in their freedom. The project also comprised testing of the clarity of official texts and preparing professional materials such as comments on draft legal regulations, notifications addressed to the Government and statements provided to international organisations.

Practical outputs for the general public include a manual for parents and employers on equal treatment in the labour market and recommendation on how to avoid workplace discrimination. People can also complete an e-learning course on the basics of anti-discrimination law. Children, parents and teachers may find useful the Convention on the Rights of the Child in a child-friendly version and a series of videos on the Defender’s mandate.

As part of the promotion of children’s rights, a conference for children was held at the Defender’s Office, followed by participation groups of secondary and primary school students focused on possible changes in their schoolspreparation of projects to improve their surroundings, and discussions on the right to privacy and mutual weighing of various rights

At the expert workshops, the Defender shared, among other things, findings from surveys on good practice in providing housing for vulnerable groupsaccessibility of buildings and services for people with disabilities, and the situation of workers from other EU countries. Eight recommendations concerning the protection of vulnerable children and their families include, for example, recommendations on how the prison service and child social and legal protection authorities could improve meetings and other contacts of children with their imprisoned parents. Other recommendations concern the search for temporary foster parents and increasing the temporary foster parents’ allowance.

The Defender also monitored how facilities where people are restricted in their freedom implemented his recommendations. This monitoring was conducted in a total of 20 facilities, from prisons, police cells, psychiatric hospitals and facilities for foreigners to children’s homes.

“The gradual expansion of the Defender’s competence to include human rights issues has already brought a development. Aside from helping individual complainants in dealing with authorities, for example, we also monitor general issues and try to address shortcomings in a systemic way. This project has enabled us to test this approach vigorously,” said the Defender, Stanislav Křeček.

“I believe it has also helped us prepare for further changes that the transformation of the Defender into a national human rights institution (NHRI) would entail. One of them is the very choice of the topics to address. Last autumn, we organised an international roundtable with our Norwegian partner on the possible establishment of a national human rights institution in the Czech Republic. Several participants emphasised the importance of prioritisation for institutions with a broad human rights protection mandate,” said the Deputy Defender, Vít Alexander Schorm. He believes that long-term monitoring of selected areas is equally important.

The Public Defender of Rights already tried this working method and prioritisation in practice when he monitored the implementation of the right to equal treatment over the past four years. This has resulted in four monitoring reports (File Nos.: 62/2020/DIS89/2021/DIS16/2023/DIS and 55/2023/DIS) summarising the trends in selected areas, namely Roma education, equal pay for men and women, and some procedural issues.

In the reports, the Defender also pointed out, for example, that outdated diagnostics might not correctly distinguish between the innate intellectual abilities of Roma pupils and the influence of their environment. In his latest report, the Defender recommended that the Ministry of Education, Youth and Sports encourage school counselling centres to make more frequent use of modern diagnostic tools.

“Norwegian funds have been supporting projects in the Czech Republic for twenty years. All programmes and pre-defined projects are the result of bilateral negotiations between the Czech and Norwegian governments. I am very pleased that the project ‘Reinforcing the activities of the Public Defender of Rights’ was supported during this period and contributed to improving the situation of some vulnerable and marginalised groups, such as people with disabilities and prisoners,” said Victor Conrad Rønneberg, Ambassador of the Kingdom of Norway in Prague, with regard to the project’s conclusion.

He also appreciates that the amendment to the Public Defender of Rights Act may now enable the establishment of a national human rights institution (NHRI) in the Czech Republic: “Most European Union countries already have NHRIs as a solid part of their rule of law – it serves as an independent observer and advisor to governmental authoritiesI firmly believe that this will lead to further systematic improvements in the area of human rights, also in the context of the recent challenges such as migration from Ukraine, ongoing discrimination against the Roma and the insufficiently addressed problem of domestic and sexual violence.“ 

Brief statistics of the main outputs of the 2020–2023 project

We have issued:

20 reports on follow-up visits to facilities where people may be restricted in freedom;

8 recommendations concerning the protection of vulnerable children and their families;

4 monitoring reports on the implementation of the right to equal treatment in the areas of Roma education, equal pay for women and men and some procedural issues;

4 recommendations in the area of the right to equal treatment;

Easy read version of the UN Convention on the Rights of Persons with Disabilities;

Children’s version of the Convention on the Rights of the Child;

Leaflet for children in educational institutions or children’s homes;

Expert article Vznik národní lidskoprávní instituce v České republice – v čem se lze inspirovat v Norsku? (Establishment of a national human rights institution in the Czech Republic – How can we draw inspiration from Norway?)

 

We have prepared:

37 professional materials, such as legislative recommendations, comments and statements of the Public Defender of Rights; 

7 videos for children called #AničkaVloguje (Anička’s Vlog) on the Defender’s mandate;

6 modules of an e-learning course titled Introduction to Anti-Discrimination Law

5 research projects in the area of the right to equal treatment and follow-up workshops for experts and the public;

4 internal training sessions for the employees of the Defender’s Office concerning human rights and constitutional perspectives in the work of the Office of the Public Defender of Rights;

Round table on Clarity in public administration for civil servants, judges and other experts;

First Ombudsman conference for children;

Meetings of three children’s participation groups

 

We have trained:

326 professional employees of facilities where people restricted in their freedom are or may be present;

506 social sector workers;

 

An overview of project activities with links to the individual outputs is available as an annex to the press release or at https://www.ochrance.cz/en/projekty/strengthening_the_public_defender_of_rights_activities_in_human_rights_protection/


[1]Project “Reinforcing the activities of the Public Defender of Rights in the protection of human rights (with the aim of establishing a National Human Rights Institution in the Czech Republic)”, No. LP‑ PDP3-001. This project is financed from the EEA and Norway Grants 2014–2021 and the State budget of the Czech Republic.

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A year in office

Date of article: 16/03/2024

Daily News of: 19/03/2024

Country:  Malta

Author: National Ombudsman of Malta

Article language: en

Article by Judge Emeritus Joseph Zammit McKeon, Parliamentary Ombudsman

Times of Malta, 16.03.24

The 8th of March, was the anniversary of my first year in office as Parliamentary Ombudsman. As a constitutional body that operates in full autonomy and independence from other institutions of the State, I have made it my mission not only to resolve persons` complaints but also to help improve the public administration’s services—fairly and reasonably.

My arrival at the Office resulted from a long and protracted period of anticipation and discussion.  Nonetheless, the constitutional requirement for appointing a minimum two-thirds majority parliamentary vote should remain the case to underscore the vital importance of the Office in this country.  As was the case of my three predecessors, the vote in the House of Representatives in my regard was unanimous. This democratic endorsement legitimises the function of the Office and gives strength and vigour to its commitment to serve.

The experience

At the Office, we are presented with daily narratives that reflect the challenges people face when interacting with government services. The complaints we receive often reveal dissatisfaction and frustration.  We usually resolve these issues through effective communication, like trust-building phone calls and emphasis on empathy, patience, and care. We aim to ensure everyone has fair and just access to our services, balancing the dynamics between individuals and well-resourced public entities.

Taking stock

In order to assess the state of play of the institution, we commissioned two independent surveys targeting the general public and former users of the office. The feedback we received was encouraging and instrumental in helping us shape our direction. The surveys revealed a strong foundation, increased public awareness and recognition of the role of the Office in promoting justice, fairness, and accountability in public services.

Despite these positive indicators, we identified areas that require attention, particularly what the office is there for. While the law is clear that the Ombudsman is there to oversee the performance of the public sector, there remains a common misconception on involvement of the Office in private sector issues.

A better public administration is a must

We have adopted a proactive approach.  We monitor areas of repeated examples of bad public administration in order to point out effective remedies.  Public entities must do their part and do their very best to mend their ways in the interest of the common good. The public administration has to realise that it is there to reach out through convinced action programmes to an increasingly wider spectrum of recipients of its services.  These recipients include the vulnerable, those without a voice, or those who are afraid or sceptical of the services given by the public administration.  No one should be taken for granted.  When the public administration treats people that way, it should not blame those same people when they are fiercely critical of that approach that is inconsistent with the essence of democracy.

Foreign Missions

Outreach activities by the office have been extended to foreign missions’ residents in Malta.  The Office firmly believes that it should be of service to all who are present in these Islands, not just to Maltese citizens.  The law speaks of persons, not Maltese citizens.

The common good

During the past year, we advocated in favour of several critical issues. We proposed to the Government to broaden our mandate to include human rights protection, aiming to enhance its role in recommending actions against public administration’s rights breaches. Inspired by European models, we advocated for establishing a National Human Rights Institution in Malta. Although only recently was the Office granted Associate status in the European Network of National Human Rights Institutions (ENNRI), our country does merit a Full Member status, which can be achieved if the Ombudsman Act 1995 is adjusted accordingly.  In that way, Malta will not remain an exception in the EU and in the Council of Europe without a national NHRI.

In October 2023, the Office organised an international conference on the right to good administration, featuring Mediterranean ombudsmen and human rights advocates. The event, which also included local experts, focused on integrating this right into domestic laws and received a positive reception, with the Office committed to advancing its implementation.

The Office is also pushing for the integration of ECHR’s Protocol 12, which Malta ratified for non-discrimination rights, into domestic law. Currently, its absence in local legislation forces individuals to seek redress in Strasbourg, limiting local legal remedies. The aim is to enhance justice accessibility, especially for vulnerable populations, by incorporating this protocol into Maltese law.

Relationship with Parliament

A fruitful working relationship with Parliament is essential in the interest of all.  The meetings I had with the Party Whips and with Mr Speaker were very encouraging.  The Office advocates for a structured process where unresolved recommendations, once referred to Parliament, should be examined and acted upon by a Select Committee, aiming for mandatory solutions rather than just being tabled by the Speaker. This path would be more consonant with the recommendations made by the Venice Commission for effective parliamentary oversight.

Learning

This year, the Office enhanced its international collaboration, particularly with the Association of Mediterranean Ombudsmen, where I serve as Secretary General and Treasurer. Furthermore, on a wider spectrum, I was elected to serve on the board of directors for the European Region of the International Ombudsman Institute and on the World Board of the same organisation. These engagements reap benefits for us as a country by means of wide-ranging discussions, shared insights, and far-reaching experiences.

Increased workload

In the past year, the Office has experienced a significant uptick in engagement, with a 46% increase in the number of persons seeking our assistance and a 29% rise in formal complaints lodged. The Office successfully concluded 473 investigations during this period. This surge in workload reflects the positive impact of our outreach initiatives. Moving forward, our commitment is to remain approachable and responsive, ensuring access to our services when needed.

Conclusion

A civilised society is one which not only upholds democratic principles but also puts them into practice.  In essence, democracy is about the control of the exercise of power, ensuring that it really serves persons, especially the vulnerable.  The modern State is not limited to the Executive, Legislative and Judicial branches but also extends to the media, civil society, and constitutional bodies like the Office of the Ombudsman.

The Office of the Ombudsman is crucial in the consolidation of democracy. When the Office deals firmly and convincingly, it instils trust.  Looking ahead, our commitment is to push for a better public administration for the benefit of all. Our objective will remain that of ensuring that the Office not only fulfils its present and any future mandate/s but also influences the principles of fairness and justice for the better.

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An Award for Ombudsperson Gaby Schwarz – Burgenländerin Award 2024

Date of article: 15/03/2024

Daily News of: 19/03/2024

Country:  Austria

Author: Austrian Ombudsman Board

Article language: en

At a gala event, the women's magazine "Die Burgenländerin" (in reference to the Austrian province of Burgenland) presented this year's awards to women from the region who are setting examples and leading the way on both small and large occasions. Ombudsperson Gaby Schwarz was delighted to receive the award in the category Society and Social Affairs. "In the Austrian Ombudsman Board and in Red Cross crisis intervention, countless women are there for others and help them every day. I dedicate my award to them!" Once again, she appeals to all women: "Be courageous and confident – you can do anything! Let's strengthen and support each other every day!"

In the future, Ombudsperson Gaby Schwarz will continue to campaign against violence against women, stand up against online hate, and work together with women and men to achieve actual equality in all areas of life.

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