The Ombudsman Good Governance And The International Human Rights System

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.

This book explores the ombudsman as a global institution. It has spread all over the world and its institutional development is increasingly being governed transnationally. Initially an institution of administrative law, the ombudsman has become a human rights institution and institution of good governance. These ideational shifts have influenced the global diffusion of the ombudsman but also the way in which this institution of accountability functions. The ombudsman is a peculiar institution of public accountability - both an institution and individual - that observes changes in the general political climate and engages in renegotiations of its intra-institutional position. The global models associated with the ombudsman are a source of organizational ideas, legitimacy, and sense of orientation, but they treat institutional actors differently, working also as mechanisms of inclusion and exclusion. The book tracks the global diffusion and institutional evolution of the ombudsman. Its chapters on institutional cases further explore the joint institutional history of the Parliamentary Ombudsman and the Chancellor of Justice in Finland, and the European Ombudsman.

This volume reflects the findings of a conference organized in preparation of setting up a national human rights commission and ombudsman institution in the Federal Democratic Republic of Ethiopia. The meeting assembled experts in the field of the protection and promotion of human rights, and of the problems of countries in transition from a non-democratic system, characterized by gross violations of human rights, towards a democratic system based on the rule of law and respect for human rights. The book analyses the functioning of national human rights commissions and ombudsman institutions in 23 different countries, by means of country report written in the main by members of these institutions themselves and containing an assessment of their experience. Many offer relevant constitutional and legislative provisions as well. This volume thus forms a unique collection of materials dealing with national human rights commissions and ombudsman offices.

While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights.

How does the nexus between security, human rights and good governance play out in the sustainable development context? Based on state-of-the-field, interdisciplinary research with a global perspective, Leaving no one behind, leaving no one unaccountable offers the first comprehensive account of the role of ombuds institutions in achieving the Sustainable Development Goals, launched by the United Nations in 2015. With their unique position in-between three branches of power, the mandate to oversee public administration (including the security sector) and protect human rights, ombuds institutions are well-placed to play an important role in national efforts to fulfil the SDGs. The book takes the specific angle by looking at SDG-16, devoted to effective, accountable and inclusive institutions, through the lens of security sector governance. It brings granular analysis of all SDG 16 targets, demonstrating how ombuds institutions could contribute to achieving each of them. The book develops an innovative conceptual framework, by looking at both implementation and accountability. The former is captured under the title of ‘leaving no one behind’ and the latter under ‘leaving no one unaccountable’. Leaving no one behind is a central credo of the 2030 Agenda. It is highly relevant for SDG-16, as well as security sector governance, due to the centrality of the principles of responsiveness, inclusiveness and participation. The book attests that for a number of the SDG 16 targets, ombuds institutions should primarily serve as accountability mechanisms. It argues they should work with, pressure, and make public administration accountable, in cases when the administration as the primary duty-bearer fails to protect the rights of citizens and when their actions fall short of the standards needed to achieve the SDGs. As this book demonstrates, many SDG 16 targets are rather vague, and limited guidance exists on how to measure and achieve them, especially in fragile contexts. It thus provides guidance and recommendations to ombuds institutions and other actors on how to best support each other in achieving SDG-16. Leaving no one behind, leaving no one unaccountable is a key resource for scholars, policymakers and activists concerned with effective, accountable and inclusive institutions, and those interested in political science, security studies, human rights and development studies.

The "International Ombudsman Yearbook" is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The "International Ombudsman Yearbook" contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and to all persons with an interest in the institution. Compiled and edited by the International Ombudsman Institute, the organization composed of over 130 ombudsman members located worldwide, the "Yearbook" will be of interest to lawyers, scholars, ombudsman office personnel and government entities wherever ombudsman offices are located or contemplated.

This book explores the creation, development, and impact of the concept of 'good governance'. It argues that, alongside the ideas of the rule of law and democracy, good governance acts as a third conceptual cornerstone of the modern state. Good governance can be viewed as a multilevel concept influenced by regional and international legal developments while being grounded in national administrative law. The book presents six principles of good governance: properness, transparency, participation, effectiveness, accountability, and human rights. The development of each of these principles on the national level is explored in a wide range of European contexts, and in Australia, Canada, and South Africa. As well as offering a fully up-to-date and comprehensive overview of administrative law in different jurisdictions, the book compares the implementation of the principles of good governance, taking into account international and European administrative law developments.