ПОСИЛЕННЯ ПОТЕНЦІАЛУ ІНСТИТУЦІЇ УКРАЇНСЬКОГО ОМБУДСМЕНА: СЕМІНАР ПОСИЛЕННЯ ПОТЕНЦІАЛУ ІНСТИТУЦІЇ УКРАЇНСЬКОГО ОМБУДСМЕНА: НОВІ МЕТОДОЛОГІЇ ТА ПРАКТИКИ ПРОВЕДЕННЯ МОНІТОРИНГУ ДОТРИМАННЯ ПРАВ ЛЮДИНИ STRENGTHENING THE UKRAINIAN OMBUDSPERSON INSTITUTION: RECOMMENDATIONS REGARDING METHODOLOGIES AND PROCEDURES TO CARRY OUT A MONITORING OF THE OBSERVANCE OF HUMAN RIGHTS EU Twinning Ombudsman

Barbara Liegl Kyiv, April 18th 2018 Increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations Barbara Liegl Kyiv, April 18th 2018 This project is funded by the European Union

Activities of sub-component 2.2 2.2.1 – Analysis and assessment of possible ways of increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations 2.2.2 – A study visit with a view to exchanging experience as regards the Ombudsperson’s activities in eliminating detected human rights violations, the Ombudsperson’s control procedures over the fulfilment of recommendations, the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations 2.2.3 – Drafting recommendations as regards increasing the efficiency of the Ombudsperson’s activities in eliminating detected human rights violations, of the Ombudsperson’s control procedures over the fulfilment of recommendations, of the responses to the Ombudsperson’s acts of submission on eliminating detected human rights violations 2.2.4 – Presentation and discussion of the drafted documents and recommendations This project is funded by the European Union

Activity 2.2.1 – Key elements of the analysis and assessment The role of the Parliament Commissioner for Human Rights in eliminating human rights violations – approaches and challenges Development and implementation of recommendations based on individual appeals Development and implementation of systemic recommendations The role of the Commissioner in law-making This project is funded by the European Union

Activity 2.2.1 – Framework of the analysis and assessment Roles and self-understanding of classical ombuds institutions European standards for the quality of recommendations Human Rights Based Approach as an EU instrument changing the analytical lens and making the link to human rights standards and principles and contributing to the development of the capacities of duty- bearers to meet their obligations and/or of rights-holders to claim their rights This project is funded by the European Union

Activity 2.2.1 – Status quo (i) Multiple mandates of the Commissioner – consequences for the effective elimination of human rights violations Commissioner has a broad range of instruments aiming at eliminating human rights violations Recommendations based on individual appeals quality of recommendations recommendations as demands and coercion acceptance and readiness to act upon recommendations vigilance as a necessary virtue of the Commissioner and her Apparatus in getting recommendations implemented This project is funded by the European Union

Activity 2.2.1 – Status quo (ii) Submissions to the Constitutional Court - rarely used (due to previous experiences with such submissions ) Systemic recommendations current practice of adopting systemic recommendations channels of adopting systemic recommendations consequences for the authority and the restoration of human rights violations acceptance and readiness to act upon systemic recommendations Role of the Commissioner in law making – indirect participation in law making This project is funded by the European Union

Activity 2.2.1 – Status quo (iii) Tools and instruments currently in use by the Commissioner and her Apparatus and their potential for improving the impact of recommendations Annual reports Special reports Data management system Active sharing of recommendations (visibility) This project is funded by the European Union

Activity 2.2.3 – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (i) The application of a human rights based approach by national human rights institutions - new roles and challenges Essential elements in developing high quality recommendations based on individual appeals: structure and reasoning of the recommendations Essential elements in developing high quality recommendations based on individual appeals: the principle of good administration, fact finding and collecting of evidence This project is funded by the European Union

Recommendations on the development and content of the annual reports Activity 2.2.3 – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (ii) Assessment of the evidence. Principles of implementation of the decisions Recommendations on the development and content of the annual reports Recommendations on special reports and participation in law making procedure This project is funded by the European Union

Activity 2.2.3 – Recommendations on how to further increase the efficiency of instruments aiming at the elimination of human rights violations (iii) Visibility as a contributing factor to a resourceful follow-up to recommendations Data bases - valuable tools for the Commissioner for Human Rights in eliminating human rights violations? This project is funded by the European Union

Thank you for your attention! EU Twinning Ombudsman