Session 6 - Presentation by Trond Waage

1. Regional parliamentary seminar
hosted by the National Assembly of Armenia
and organized IPU and UNICEF,
Yerevan, Armenia, 14-16 June 2011
Parliamentary action for child rights:
Ombuds for children
Independet Human Rights
Institutions on Children (IHRIC)
Trond Waage
International CRC Expert

2. 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

3. 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

4. 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

5. 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

6. Different Models - 1
Human Rights Commissioner or Commission.
General Ombudsman
Ombuds for Children
The main objective is to ensure that the with
Where the Commission concerns itself laws
A concerningrights abuses and institution
stand-alone, children’s rights
General
and regulationsand human the promotion
discrimination
with various names:
protection of by individuals,are effectively
perpetrated human rights groups or the
Institution
Independent Human Rights Institution for
applied. Separate
government, the Ombudsman has the primary
Children, Ombudsman, Ombudsperson, Human Rights
objective of protecting nationals from rights
The focus was initiallyInstitution the defence
Defensoría, Procurador, Comisión
abuses authored by public officials or
centered on
Commissioner.
Independiente…
of civil and political rights, they have responded
institutions. In other words, the function of the
to the increased to insureState ratification of the
Ombudsman is trend oflegislationand legality in a General
Based on fairness from parliament with Ombudsman
International Covenant by including economic,
public administration. to the CRC.
reference
social and cultural rights in their agendas.
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

7. Different Models - 2
General
Institution
Separate Integrated Institution with added
Human Rights
legislation
Institution IntegratedCommissioner.
Integrated intoInstitutionor a new
an existing
with added General
general human rights commissions or
legislation Ombudsman
general ombudsman offices, with a
separate legislation from parliament.
Trond Waage

8. Different Models - 3
General
Institution
Integrated Institution
Integrated
- No added legislation
Institution
Integrated into an existing or a new
general human with added
rights commissions or
legislation
general ombudsman offices. Deputy
Ombudsman with the responsibility of
children’s rights.
.
Trond Waage

9. Different Models - 4
General
Govermental
Institution
Institution
A department within a governmental
institution
Integrated
Department
A unit inside the bureaucracy based
Institution
on given instructions related to and/or
justified by the National Children’s Act
or legislation formulating the child
rights.
Trond Waage

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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.

16. General Policy
Proposal of changes:
legislation
practice
generate
synthesise
analyse
Individual cases,
Inspections, Hearings, etc

17. The Perception on Childhood
Protection
Protect to enable
Provision Prevention
Participation
Trond Waage

18. 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

19. Childhood in Transition
 Children’s life situation today cannot be understood
within the vocabulary of yesterday.
 Children are powerful agents for change.
Trond Waage

20. The role of Ombudsman
NGOs
Parliament
Commercial/
Private Sector Ombudsman Government
Education
Media
Children
General Sport/Culture
Public
Public
Family Administration
UNICEF IRC Reactive role Proactive role
Trond Waage

21. 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

22. The Role of the Ombudsman
 Credibility
No hidden agenda, no fundraising strategies, not fishing
votes for election, etc
Evidence/experience based activity
Enjoy children’s confidence and trust.

23. Thank you
Trond Waage,
twaage@gmail.com