1. 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

2. Dieter Schindlauer 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
Dieter Schindlauer
Kyiv, April 18th 2018
This project is funded by the European Union

3. Recommendation: Adapt to the new roles and challenges that are brought by the application of a human rights based approach for national human rights institutions
This project is funded by the European Union

4. Initial Critical Questions
Why even bring up the idea of the human rights based approach?
This is a concept from the development context, why bother the Commissioner with it?
Is it not enough to be a (even: the) human rights institution in Ukraine? What change can a HRA bring?
The Commissioner is already heavily burdened with her mandate, why think about increasing this further?
This project is funded by the European Union

5. Global Human Rights Practice: “Orchestration”
UN remains the principal IGO to promote human rights
UN is complex and complexity is still increasing
Domestic practice worldwide needs to be able to address compliance gaps
UN agencies seek to bypass states as such and coordinate (“orchestrate”) new forms of authorities.
NHRIs are in perfect position as an ”intermediary” between duty bearers and rights holders.
This project is funded by the European Union

6. What is a HRBA?
A conceptual framework - based on international human rights standards - that integrates the norms, standards and principles of international human rights law into domestic plans, policies and processes.
A HRBA provides tools for understanding and addressing the multi- dimensional root causes of poverty and violent conflict, including discrimination, powerlessness, lack of political participation and lack of access to basic resources and services.
This project is funded by the European Union

7. Human Rights concept of HRBA
Human rights are:
Universal - belong to all people
Indivisible – no hierarchy between the rights
Interdependent
States assume obligations under international law to respect, protect and fulfil human rights
This project is funded by the European Union

8. Core Human Rights Instruments
• The Universal Declaration of Human Rights; • The Covenant on Economic, Social, and Cultural Rights (ICESCR) • The Covenant on Civil and Political Rights (ICCPR) • The Convention on Elimination of Racial Discrimination (CERD) • The Convention on Elimination of all Forms of Discrimination Against Women (CEDAW) • The Convention on Rights of the Child (CRC) • The Convention Against Torture (CAT) • The Convention on Migrant Workers and Their Families (MWC) • The European Convention for the Protection of Human Rights and Fundamental Freedoms • The International Convention for the Protection of all Persons from Enforced Disappearance (CED) • The Convention on the Rights of Persons with Disabilities (CRPD)
This project is funded by the European Union

9. Do no harm! Do maximum good!
Two Meta Principles
Do no harm!
Do maximum good!
This project is funded by the European Union

10. Five Working Principles
Apply all human rights
Participation and inclusion
Non-discrimination and equal access
Accountability and access to the rule of law
Transparency and access to information
This project is funded by the European Union

11. RIGHT DUTY Right means duty
This project is funded by the European Union

12. Recommendation: External
Offer expertise for:
The law-making process by contributing to legal developments from the earliest possible stage on.
Offer capacity building in this regard to those who work on new legislation technically and politically.
Offer advice on the planning and implementation of international donor driven projects with regard to the HRBA
Offer evaluation of project plans and programmes with regard to the HRBA to governmental organisations, businesses and international actors
Offer advice in the process of public procurement or other use of funds in regard to the HRBA
This project is funded by the European Union

13. Recommendation: Internal
Recruitment and promotion policies
Pay and benefits and working conditions
Formal and informal hierarchies
Information policies
Patterns of internal communication
Transparency of decisions and developments
Transparency of priorities and special attention
Participation (internal and external)
Accountability and disciplinary regime
Ownership/ Accountability and participation in success and failure
External communication
Attitude in external cooperation – especially with representatives of the civil society
This project is funded by the European Union

14. Thank you for your attention!
EU Twinning Ombudsman