Council of Europe, National Human Rights Institutions, Equality Bodies and Ombudsman offices Promoting Equality and Social Inclusion 10–11. December 2015 Finlandia Hall, Helsinki Session IV: National Bodies – Independent but cooperative Ombudsman making impact on the lives of individual citizens Dr Petri Jääskeläinen, Parliamentary Ombudsman of Finland 10-Jun-16 1

1 The Ombudsman’s Fundamental and Human Rights mandate 2 The Citizen Perspective and Human Rights Approach in the Ombudsman’s work 3 Conclusion 4 Examples 10-Jun-16 2 OMBUDSMAN MAKING IMPACT ON THE LIVES OF INDIVIDUAL CITIZENS

1 THE OMBUDSMAN’S FUNDAMENTAL AND HUMAN RIGHTS MANDATE The Constitution of Finland Section 109 Duties of the Parliamentary Ombudsman The Ombudsman shall ensure that the courts of law, the other authorities and civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfil their obligations. In the performance of his or her duties, the Ombudsman monitors the implementation of basic rights and liberties and human rights. 10-Jun-16 3

Parliamentary Ombudsman Act Section 3 Investigation of a complaint The Ombudsman shall take the measures that he or she deems necessary from the perspective of (1)compliance with the law, (2)protection under the law or (3)implementation of fundamental and human rights. 10-Jun-16 4

Parliamentary Ombudsman Act Section 10 The Ombudsman may express to the subject his or her opinion concerning what constitutes proper observance of the law, or draw the attention of the subject to the requirements of good administration or to considerations of promoting fundamental and human rights. 10-Jun-16 5

Parliamentary Ombudsman Act Section 12 The Ombudsman shall submit to the Parliament an annual report on his or her activities and the state of administration of justice, public administration and the performance of public tasks, as well as on defects observed in legislation, with special attention to implementation of fundamental and human rights. 10-Jun-16 6

2 THE CITIZEN PERSPECTIVE AND HUMAN RIGHTS APPROACH IN THE OMBUDSMAN’S WORK Investigation of a complaint or taking an own initiative are considered in the light of the following questions: Can the Ombudsman help? Is there a need for guidance or recommendation by the Ombudsman? Is a rebuke by the Ombudsman necessary? Are an investigation and a statement by the Ombudsman otherwise necessary? 10-Jun-16 7

Can the Ombudsman help? Direct help If an error or shortcoming can still be rectified and the Ombudsman can contribute to it, the necessary measures are taken irrespective of the seriousness of the case. Advice In cases where the Ombudsman cannot directly help, an effort is made to provide advice and guidance (to complainant) 10-Jun-16 8

Is there a need for guidance or recommendation by the Ombdusman? The Ombudsman may give the authority guidance for future reference. Typically, the Ombudsman may have reason to draw the authority’s attention to aspects that promote implementation of fundamental and human rights (even if the authority has not acted unlawfully Ombudsman’s recommendation may concern: redressing an error or implementing a neglected action elimination of defects in legislation recompense for damage or for suffered violation of human rights a friendly settlement between an authority and an individual 10-Jun-16 9

Is a rebuke by the Ombudsman necessary? An investigation by the Ombudsman may be needed in order to express a rebuke. This depends on the seriousness of the case. Are an investigation and a statement by the Ombudsman otherwise necessary? Although the answer to previous questions were ”no”, there might be reason to conduct investigation, if the matter: is of special importance for an individual concerns a person in vulnerable position has attracted media attention and attitudes to it have been conflicting. 10-Jun-16 10

3 CONCLUSION The Ombudsman’s work nowadays involves a lot more than just after-the-fact oversight of legality. The Ombudsman has also become a defender of fundamental and human rights. This includes protection of rights of individual, and guidance to authorities or developing of the state of administration of justice in order to promote the implementation of fundamental and human rights. 10-Jun-16 11

4 EXAMPLES Titles of some press releases of the Ombudsman ”A hospital violated the human dignity and freedom of a patient locked up in a secure room Ombudsman proposes compensation” ”Urgent dental care of a severely disabled patient was neglected Parliamentary Ombudsman issues a reprimand and a proposal for compensation” ”A teacher’s freedom of speech was violated by the municipality Parliamentary Ombudsman proposes compensation” 10-Jun-16 12

”Shortcomings in accessibility and protecting the secrecy of the ballot Parliamentary Ombudsman carried out surprise inspections at advance polling stations” ”Schools must provide an alternative to morning assemblies with religious content Students and their guardians must have a real and genuine possibility of choosing whether or not the students take part in school activities with religious content, says Deputy-Ombudsman” ”Municipalities have unlawfully limited distribution of treatment supplies Ombudsman asks Ministry to intervene in practices” 10-Jun-16 13

”A municipality must provide basic education for all children living there Basic education has not been provided for all school-age children, because they are not domiciled in a municipality in Finland. This is in violation of the Constitution and the Convention on the Rights of the Child, Deputy-Ombudsman points out” ”TV news in Sámi should be broadcast at better time Deputy-Ombudsman criticizes the time that the Finnish Broadcasting Company (YLE) transmits news in the Sámi language as inhuman. The news bulletin is transmitted after the other evening programs, usually around midninght” 10-Jun-16 14