This Guide is structured into three parts:
1.
Mandate, Powers and Functions;
2.
Establishment and Foundational Criteria; and
3.
Operations and Organization.
Each part consists of a number of key points or statements, followed by discussion and analysis, giving alternatives or discussing suitable solutions reached in
practice by institutions. These key points are summarized in an Overview at the
beginning of the Guide. Part IV of the Guide contains useful resources, including
literature, websites and legal documents.
PART I
Much of the research for the Guide is based on a review of relevant pieces of legislation establishing ombudsman institutions or similar institutions in many different
jurisdictions as well as their operational regulations, combined with visits to institutions, or discussions with staff of institutions. General reference to international
standards, including the Paris Principles, is therefore supplemented by references
to national legislation concerning ombudspersons in order to reveal the diversity of
approaches in this field.
This Guide does not set out the scope or content of minority rights as such.
Instead, its purpose is to focus on the implementation of such rights by ombudsman and similar institutions. However, Part IV of the Guide contains a selected list
of excellent sources of information on minority rights.
This Guide does not attempt to provide set answers or even ‘best’ practice, but
rather, it represents examples of good practice and experience from various countries. It could be seen as a collection of the wealth of more or less essential ‘preconditions’ for the proper functioning of an office.
With so many challenging and sensitive topics facing an ombudsman office, often
in situations where an actual breach of law may not be clear but where nevertheless there has been some form of injustice, it is not possible to cover in a single
publication the multitude of relevant issues. Given that the Guide deals with the
role of ombudsman institutions in minority protection, general minimum standards
for parliamentary ombudspersons are not covered in depth. However, in terms
of establishment, strategy and operation, the Guide seeks to collect examples of
good practice observed from various countries, and set this out in a useful format. Certain features discussed are relevant to all ombudsperson institutions, and
although many points are more specifically relevant to specialist minority institutions, the majority of criteria discussed would certainly apply to both specialist
institutions and specialist structures within general institutions.
It is hoped that the Guide can spark discussion and consideration for those states
or regions considering such an institution, and provide a training and development
tool for already-existing institutions wishing to strengthen their capacities in the
minority issues area.
The term ‘ombudsman’ is used interchangeably with the term ‘ombudsperson’ and
no implication of gender is intended in the use of these terms.
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