The ombudsman institution should have the power to start ex officio (owninitiative) strategic investigations where such are considered justified, and to
conduct studies in fields where structural problems seem to occur.
Strategic powers of the minority ombudsman institution are justified by the weaknesses of individual remedies. Individual enforcement can generally only produce
changes in the behavior of individual perpetrators. In addition, complaints normally
vary in incidence and significance. Many people do not know that they have suffered discrimination or are reluctant to complain because they do not want to relive
the humiliation, which they have suffered. Even if they know how to make a complaint, they may have no confidence in the effectiveness of the complaint procedure and the redresses available. Some complaints are trivial or misconceived.
Although the law must provide for effective individual remedies, it is also essential
that the law can be implemented without being dependent upon the making of an
individual complaint.
PART I
A Wider Mandate:
Own-Initiative Investigations and Studies
The strategic powers of the ombudsman will allow the institution to intervene when
and where it deems necessary in the public interest. The ombudsman has the
power to initiate formal investigations into specific institutions, bodies or into some
general aspect of public life (e.g. minority education, discriminatory practices used
by employment agencies, political representation of minorities). Its targets can be
chosen based on the expertise of the staff and eventually on the signals coming
from individual complaints, so that the structural investigations can have long-term
importance. Through its strategic investigations, the minority ombudsman points
to the extent and importance of the problem of violation of minority rights. Dissemination of the findings of such investigations and studies is also of paramount importance.
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