Parliamentary action for child rights: Ombuds for children

Independet Human Rights Institutions on Children (IHRIC)

Trond Waage International CRC Expert

Regional parliamentary seminar

hosted by the National Assembly of Armenia

and organized IPU and UNICEF,

Yerevan, Armenia, 14-16 June 2011

What is an Ombudsperson for Children?

an independent public institution whose role is to monitor governments’ and other actors’ actions,

promote children’s rights at the national and local level, and offer a space for dialogue between children and the State authorities.

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What is an Ombudsperson for Children?

operate without the hard power of courts or elected bodies to take binding decisions, but with the soft power to mediate, monitor, recommend and influence other actors’ actions.

act as problem pointers and solvers, and facilitators of processes.

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What is an Ombudsperson for Children?

their strength lies in the flexibility they bring to an otherwise rigid political system and structure which may not always provide adequate remedies for situations where the children’s rights of are infringed upon.

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Global Movement and Influence

In 1981, Norway became the first country to establish through legislation, an Ombudsman for Children

Networks – national, regional and international

Play an influential role – CoE, EU, UN .

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Different Models - 1

Separate

Institution

General

Institution

Human Rights Commissioner or Commission. The main objective is to ensure that the laws and regulations concerning the promotion and protection of human rights are effectively applied. The focus was initially centered on the defence of civil and political rights, they have responded to the increased trend of State ratification of the International Covenant by including economic, social and cultural rights in their agendas.

Human Rights

Commissioner.

General Ombudsman Where the Commission concerns itself with discrimination and human rights abuses perpetrated by individuals, groups or the government, the Ombudsman has the primary objective of protecting nationals from rights abuses authored by public officials or institutions. In other words, the function of the Ombudsman is to insure fairness and legality in public administration.

General Ombudsman

Ombuds for Children A stand-alone, children’s rights institution with various names: Independent Human Rights Institution for Children, Ombudsman, Ombudsperson, Defensoría, Procurador, Comisión Independiente… Based on legislation from parliament with a reference to the CRC. Various mandates – monitoring, handling individual complaints, proposals for law and policy reform, reporting, agenda setting, direct child participation. Can be set up on national and sub-national level

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Different Models - 2

Separate

Institution

General

Institution

Human Rights

Commissioner.

General Ombudsman

Integrated

Institution with added

legislation

Integrated Institution with added legislation Integrated into an existing or a new general human rights commissions or general ombudsman offices, with a separate legislation from parliament.

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Different Models - 3 General

Institution

Integrated

Institution with added

legislation

Integrated Institution - No added legislation Integrated into an existing or a new general human rights commissions or general ombudsman offices. Deputy Ombudsman with the responsibility of children’s rights. .

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Different Models - 4 General

Institution

Integrated

Institution

Govermental

Institution

Department

A department within a governmental institution A unit inside the bureaucracy based on given instructions related to and/or justified by the National Children’s Act or legislation formulating the child rights.

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Guiding Principles

The Paris Principles on National Human Rights Institutions (Paris Principles, 1991)

Committee on the Rights if the Child: General Comment No 2 (2002)

The ENOC Standards for Independent Human Rights Institutions for Children (2000, revised 2006)

The Committee on the Rights if the Child’s recommendations – concluding observations

Essential Characteristics

Independence

Establishment by legislation (aims related to the CRC – gives authority of international law)

Functional autonomy

Recruitment and dismissing

Financial autonomy

“Any institution can only ever be as independent as the individuals of which it is composed”

From the UN Handbook on National Human Rights Institutions

Accessibility

The Ombudsman and her office must be accessible and visible for children.

Children must know that the institution exist, what it does, how to approach it, and feel confidence that it can represent their interest. (..,media, in the curriculum, children’s tv/radio show, etc)

Children need to be able to access the Ombudsman

Children need to be directly involved in the running of the institution, through advisory groups, representation on the management board, and in evaluation and monitoring

Diverse staffing

To be open and accessible, the ombuds need to ensure that staff are representative of a society’s social, ethnic and linguistic composition. Good gender balance is vital. At the same time, selection should always be on competence.

Monitoring childhood challenge a 360 degrees approach and the need of a multi-disciplinary staffing

Accountability Be accountable to the children for whom it has been established:

by publishing child friendly reports

by encouraging their involvement in monitoring and evaluating the work

by ensuring that the institutions is always open to public scrutiny and comment.

working for and with children; working together with NGOs, the research community, etc; bridge building between the professional and bureaucratic sectors.

Reporting system Submit a national report on the situation of children to

Parliament.

Submit a separate report to the UN Committee on the Rights of the Child.

Ensure that children’s opinions reach the Committee.

Follow up the recommendations from the Committee on the national level.

General Policy

Individual cases,

Inspections, Hearings, etc

generate

synthesise

analyse

Proposal of changes:

legislation

practice

Provision

Participation

Protection

The Perception on Childhood

Prevention

Protect to enable

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Childhood in Transition The ongoing childhood – not a static repetitive process.

Children are not only being socialised in an era of

uncertainty, but they are the age group living nearest

the epicentre of change.

Children are confronted with new technology,

globalization, and changing cultural patterns.

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Childhood in Transition Children’s life situation today cannot be understood

within the vocabulary of yesterday.

Children are powerful agents for change.

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UNICEF IRC

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The role of Ombudsman

Ombudsman

NGOs

Government

Children

Parliament

Media

Proactive role Reactive role

General Public

Public Administration

Commercial/ Private Sector

Family

Education

Sport/Culture

The Role of the Ombudsman

ReActive and ProActive

Watchdog as well as innovative, flexible and futuristic (setting the agenda)

Holistic approach

To avoid the fragmentation syndrome

Bridge builder between sectors

Research institutions, Universities, NGOs, private sector, public sector, ministries

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Credibility

No hidden agenda, no fundraising strategies, not fishing votes for election, etc

Evidence/experience based activity

Enjoy children’s confidence and trust.

The Role of the Ombudsman

Thank you

Trond Waage,

twaage@gmail.com