PART I Introduction: The Scope of Enforcement Functions The functions and responsibilities enumerated in the ECRI Recommendation on Specialized Bodies to Combat Racism, as well as the UN Paris Principles Relating to the Status of National Institutions, can be summarized as follows: (1) policymaking and legislative functions; (2) enforcement or implementation functions; and (3) promotional and educative functions. The clusters of functions attributed to minority ombudsman institutions highlight that the aim of these institutions extends beyond simple individual-level implementation of minority rights to a very wide understanding of enforcement and implementation. According to this approach a more proactive strategy is needed, rather than only reactive enforcement in individual cases of violation, in order to achieve a relatively full enforcement of these rights. The functions suggest that awarenessraising in society in relation to the problem of racism and its moral unacceptability, and of recognition and tolerance towards national, ethnic or racial differences, is part of the enforcement process, as is re-educating the public and changing prejudiced mind-sets. They also suggest that discrimination and violation of other minority rights often penetrate the structures of the society, and their systemic form cannot be addressed by enforcement only on the individual level, but rather that careful assessment and system-wide remedies are required. Finally, the function to assess and evaluate relevant legislation and policy, and to suggest amendments and new policy, demonstrate that it is not enough to address the issue of racial discrimination and other violations of minority rights in the different fields where they may occur, but that permanent coordination, supervision and evaluation of the efficiency of the overall minority policy is required. The special focus and expertise of the minority ombudsman institution allows for this to be undertaken appropriately. In the ECRI Recommendations, enforcement functions are aimed at the enforcement of rights of individual victims and at the strategic enforcement of rights of relevant minority groups. The Recommendation includes functions such as providing assistance and/or legal aid to victims if such aid is provided for by the national legislation, support for or eventually bringing cases before the judiciary, hearing cases and seeking extrajudicial settlements through conciliation; all of these functions being supported by appropriate powers to obtain evidence, and all relevant information and documents from the concerned parties. What makes the ombudsman institution unique, besides its compliance with the principles of independence and its focus on public life, is its powers and instruments. The ombudsman has the power to investigate individual complaints of aggrieved citizens and has strategic powers to conduct investigations on its own initiative. 16