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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.
Introduction / Linda C. Reif.
This book provides a detailed rationale for the creation of ombudsman offices; suggestions for structuring and documenting an ombudsman program and how to address issues that arise in litigation; a comprehensive presentation of various legal issues associated with organizational ombudsman programs;and numerous examples of how ombudsmen function in their organizations to illustrate how they are effective in addressing issues that people would not otherwise raise.
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 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.
Public and private organizations can benefit from the creation and implementation of an ombudsman program designed to problem-solve at the organizational level. This timely book presents the ombudsman in concept and in practice, offering full design and operational details from start-up to key activities and roles, as well as the benefits for the top executives, the employees and the customers. Case studies from numerous fields are examined to illustrate how a strong ombudsman program is vital to avoiding litigation, resolving conflicts and assisting management.
Ombudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.