session 6 - presentation by trond waage
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Session 6 - Presentation by Trond WaageTRANSCRIPT
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.
Trond Waage
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.
Trond Waage
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.
Trond Waage
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 .
Trond Waage
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
Trond Waage
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.
Trond Waage
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. .
Trond Waage
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.
Trond Waage
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
Trond Waage
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.
Trond Waage
Childhood in Transition Children’s life situation today cannot be understood
within the vocabulary of yesterday.
Children are powerful agents for change.
Trond Waage
UNICEF IRC
Trond Waage
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
Trond Waage
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