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Iceland, Ireland, Malta, Montenegro, North Macedonia, Norway, Poland,
Portugal, Romania, Russian Federation, and Spain.
Protecting and promoting human rights and fundamental freedoms
Principle 8(b)
Ombudsman institutions often have a mandate beyond the investigation
of complaints, which includes proactive promotion and protection of
citizens’ rights. In Poland, for example, the Human Rights Commissioner
is under a duty to analyse, monitor, and support the equal treatment of all
persons and to conduct independent research and make
recommendations in relation to discrimination. In Moldova, the People’s
Advocate’s Annual Report for 2017 shows the wide range of ways
through which it seeks to promote human rights. This includes informing
the public through conferences, roundtables, meetings, forums, contests,
exhibitions, producing videos, distributing informative materials, training,
and collaboration with the media. In 2017, 174 promotion activities were
conducted by the People’s Advocate, directly reaching 5800
beneficiaries.
In Montenegro the Ombudsman uses analytical research and public
surveys to convey the importance of the institution and contribute to the
policy debate. The result has been that citizens of Montenegro identify
the Ombudsman Institution as the most effective national public institution
for protecting human rights and fighting discrimination. The institution has
also worked to actively reach out to the public via public events and social
media. It notably developed a communication strategy with specific social
media guidelines and enhanced its presence on digital platforms and its
outreach with youth.
In addition to monitoring, research, and promotion, Ombudsman
institutions often have formal powers to recommend changes to the law.
In Sweden, for example, the Parliamentary Ombudsman is empowered
to make recommendations in relation to shortcomings in legislation.
Similarly, in Iceland, the Althing Ombudsman may refer flaws in
legislation to the national assembly, a cabinet minister or local authorities.
In some jurisdictions, the Ombudsman is also empowered to refer laws
to the courts for a view on their legality. In Bulgaria, for example, the
Ombudsman can refer laws to the Constitutional Court where he or she
considers that they may violate the rights and freedoms of citizens. In
Estonia, the Chancellor of Justice is empowered to review proposals for
legislation and may also make recommendations to amend legislation. In
the Russian Federation the High Commissioner engages with the
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