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1
Harden, Ian. "When Europeans Complain: The Work of the European Ombudsman." Cambridge Yearbook of European Legal Studies 3 (2000): 199–237. http://dx.doi.org/10.5235/152888712802859123.
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The office of European Ombudsman was created by the Treaty of Maastricht. The first Ombudsman, Jacob Söderman, began work in September 1995. To judge by the number of requests for materials and interviews that the office receives, particularly from students, academic lawyers are well aware of the existence of the European Ombudsman. There is also a growing body of literature about the office. Many practising lawyers, however, remain uncertain about the scope and functions of the work of the European Ombudsman. This is partly because the concept of an ombudsman is not always well understood, even by specialists in public law. This article will explain what an ombudsman is, the relationship between the European Parliament and the European Ombudsman, and the nature of the latter’s work. The aim is to persuade colleagues working in the field of European public law that the office of the European Ombudsman is well worth monitoring.
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Harden, Ian. "When Europeans Complain: The Work of the European Ombudsman." Cambridge Yearbook of European Legal Studies 3 (2000): 199–237. http://dx.doi.org/10.1017/s1528887000003797.
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The office of European Ombudsman was created by the Treaty of Maastricht. The first Ombudsman, Jacob Söderman, began work in September 1995. To judge by the number of requests for materials and interviews that the office receives, particularly from students, academic lawyers are well aware of the existence of the European Ombudsman. There is also a growing body of literature about the office. Many practising lawyers, however, remain uncertain about the scope and functions of the work of the European Ombudsman. This is partly because the concept of an ombudsman is not always well understood, even by specialists in public law. This article will explain what an ombudsman is, the relationship between the European Parliament and the European Ombudsman, and the nature of the latter’s work. The aim is to persuade colleagues working in the field of European public law that the office of the European Ombudsman is well worth monitoring.
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Marshall, Mary A., and Linda C. Reif. "The Ombudsman: Maladministration and Alternative Dispute Resolution." Alberta Law Review 34, no. 1 (October 1, 1995): 215. http://dx.doi.org/10.29173/alr1108.
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The authors seek to highlight the office of the ombudsman, which represents a potentially powerful form of alternative dispute resolution. They first examine the "classic" ombudsman. This ombudsman is basically a neutral party who decides which side is justified in a dispute. They examine how Canadian ombudsman legislation ensures that many of the ombudsman's most important aspects are protected, such as impartiality and immunity from prosecution. They next examine the boundaries of the ombudsman's jurisdiction which, for the classic ombudsman, encompass only the administrative actions of government. The procedures common to most classic ombudsman offices are also outlined. Next, some challenges to the classic ombudsman are canvassed, such as the privatization of government services. They favour a continuing role for the ombudsman in regulating privately-delivered "public" services. Next, the article looks at different forms of the ombudsman, as adapted around the world. They provide an organizational scheme for these adaptations. Each model is analyzed, and its strengths and weaknesses assessed. The article concludes by stating the similarities found in all ombudsman models and which make the office an important form of ADR.
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Karim, Sheikh Mohammad Towhidul. "The Ombudsman Act 1980: redressing administrative grievances in Bangladesh." International Journal of Law and Management 60, no. 1 (February 12, 2018): 172–84. http://dx.doi.org/10.1108/ijlma-04-2017-0090.
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Purpose It is recognized worldwide that an ombudsman system makes the public administration more transparent and accountable to the public. This paper aims to examine the provisions of the Ombudsman Act 1980, as well as the position, role and necessity of the Office of the Ombudsman in Bangladesh. It also evaluates how the ombudsman institution can act as a gateway for citizens of Bangladesh to resolve complaints against the maladministration of public administration in the country. Design/methodology/approach The study is basically qualitative in nature where both primary and secondary sources have been used. As well, a combination of analytical methods and current legislative methods, together with future legislative techniques, was used in the study. Findings This study finds that the ombudsman is a vital institution for Bangladesh to eliminate maladministration, nepotism and abuse of human rights, as well as abuse of the power of the public administration. Going forward, Bangladesh needs to amend the existing Ombudsman Act 1980 and then take proper steps to firmly establish the Ombudsman Office to ensure and increase public confidence, operational effectiveness and good governance and human rights throughout the country. Research limitations/implications The main implication of this study is that it will play an important role for the development of the rule of law and human rights in Bangladesh. This study will make its readers and particularly the citizens of Bangladesh aware of the importance of the “Office of the Ombudsman” in Bangladesh and the existing loopholes in the current Ombudsman Act 1980. This research also provides a new avenue for scholars to contribute their knowledge and wisdom toward nation-building by further researching the Office of the Ombudsman in Bangladesh. In this way, scholars in this field can share their experiences of the role of the ombudsman to a wider audience. Practical implications The study will facilitate policymakers and the government to enact an effective new law or to amend the existing law relating to the ombudsman. Originality/value The paper sets out the proposed amendment to the Ombudsman Act 1980. Hence, it will be of interest to policymakers, government, organizations of civil society and those developing countries that have not taken steps toward forming an ombudsman institution.
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Harijanti, Susi Dwi. "Complaint Handling Systems In The Public Sector: A Comparative Analysis Between Indonesia and Australia." Indonesian Comparative Law Review 3, no. 1 (December 31, 2020): 1–24. http://dx.doi.org/10.18196/iclr.v3i1.11454.
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This article deals primarily with complaint handling system with reference to an ombudsman that established by the government as opposed to the private ombudsman variety in Indonesia and Australia’s jurisdictions. In practice, group of people or persons have often arisen complaints or grievances in public service, and it requires solutions. It is widely known that the Ombudsman office has long been regarded as an effective office in resolving people complaint. This is mainly because the nature of the Ombudsman as an independent and impartial institution. This article argues that regardless of the different context of introduction of an ombudsman in Indonesia and Australia because of different political and social context, however, the performance of ombudsman in both countries has showed significant role in enhancing public services through their expanded mandates and stronger powers.
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Solomon, Anna. "Public perception of the Ombudsman." Pacific Journalism Review : Te Koakoa 4, no. 1 (November 1, 1997): 44–48. http://dx.doi.org/10.24135/pjr.v4i1.615.
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The Ombudsman Commission's ability in getting results again reinforces the public's confidence in the Ombudsman office and what it stands for - standing up for the rights of individuals who would otherwise be ignored by the powers that be.
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The Heath Service Ombudsman. "Introducing the Health Service Ombudsman." Bulletin of the Royal College of Surgeons of England 93, no. 8 (September 1, 2011): 284–85. http://dx.doi.org/10.1308/147363511x588828.
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The Health Service Ombudsman is the final stage of the NHS complaints process. If someone is unhappy with the service provided by the NHS or with how the NHS handled a complaint they can come to the Ombudsman. This article tells surgeons what they need to know about the Ombudsman and how her office resolves complaints.
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Reif, Linda C. "Rachel Murray, The Role of National Human Rights Institutions at the International and Regional Levels: The Experience of Africa; Brian Burdekin, assisted by Jason Naum, National Human Rights Institutions in the Asia-Pacific Region, The Raoul Wallenberg Institute Human Rights Library." Windsor Yearbook of Access to Justice 26, no. 1 (February 1, 2008): 206. http://dx.doi.org/10.22329/wyaj.v26i1.4555.
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National Human Rights i nstitutions [NHRIs] are created by “a Government under the constitution, or by law or decree, the functions of which are specifically designed in terms of the promotion and protection of human rights.” Human rights commissions, ombudsman i nstitutions, hybrid single-office holder human rights ombudsman/commissioners, and specialized i nstitutions such as the children’s ombudsman are types of NHRIs.
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Sholeha, Nur Ina, Dian Kagungan, and Eko Budi Sulistio. "Model Pengawasan Pelayanan Publik Oleh Ombudsman Ri Pewakilan Lampung (Studi Tentang PPDB Tingkat SMA di Provinsi Lampung Tahun 2019)." Administrativa: Jurnal Birokrasi, Kebijakan dan Pelayanan Publik 2, no. 2 (August 16, 2020): 215–30. http://dx.doi.org/10.23960/administrativa.v2i2.34.
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This research aims to determine the Republic of Indonesia's Representative Office of Lampung Ombudsman Supervision Model for New Student Reception (PPDB) at the Senior High School level in Lampung Province in 2019 and to find out what are the inhibiting factors for the Republic of Indonesia's Representative Ombudsman Lampung in carrying out such supervision. The research method used is qualitative then presented descriptively, namely by parsing, explaining, and describing in accordance with problems that are closely related to this research. The research was carried out at the Office of the Ombudsman of the Republic of Indonesia Representative Province of Lampung and Senior High School State 01 Bandar Lampung. The results showed that the Indonesian Ombudsman Supervisory Model of Lampung Representative of PPDB at the Senior high school level in Lampung Province in 2019 used a supervision model according to the way it was implemented, namely direct supervision carried out through inspection activities namely supervision carried out by coming directly to the field and also indirect supervision carried out through receipt and handling of reports.
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Brooks, P. M., D. L. Vaux, and R. Williamson. "Australia needs an Ombudsman or Office for Research Integrity." Internal Medicine Journal 46, no. 10 (October 2016): 1233–35. http://dx.doi.org/10.1111/imj.13211.
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Sentanu, I. Gede Eko Putra Sri, Mohammad Alifvigo Reicoba, and Irwan Noor. "CONFLICT MANAGEMENT AS THE EFFORT OF ACCOMPLISHING REPORT TOWARD MALADMINISTRATION OF THE POPULATION." DIA Jurnal Ilmiah Administrasi Publik 18, no. 2 (December 1, 2020): 71–92. http://dx.doi.org/10.30996/dia.v18i2.4001.
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East Java is one of the regions that have the highest population maladministration reports in Indonesia. In 2017-2018, the Indonesian Ombudsman Representative Office in East Java experienced an increase in maladministration reports. This case caused many complaints from the public regarding the slow progress of population administration and led to internal and external conflicts of employees. This study aims to describe the function and role of the Indonesian Ombudsman Representative of East Java, the report completion process, and the strategy to overcome maladministration reports. This study employs a qualitative case study approach and is supported by the analysis using Atlas.ti software. Data collection is conducted through interviews, observation, and documentation. The findings reveal the role and function of the Indonesian Ombudsman Representative in East Java in terms of their effort to eradicate maladministration. Conflict management using progressive and participative methods (PROPARTIVE) is carried out for the completion of maladministration reports. PROPARTIVE methods explore the objectives of the reporter as a family to be open and mediate all parties to find solutions. The obstacles experienced by the Ombudsman in eradicating maladministration are the limited number of employees, the disobedience of the compliance with competencies, and the uncooperative reports between the reporter and the reported parties. Meanwhile, the supporting factors are the strategic location of the Indonesian Ombudsman Representative Office in East Java, the cooperation between employees and institutions, and the support of the Ombudsman website to facilitate the management of reports
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Kirby, Michael. "Australia's Commonwealth Ombudsman 40 Years on—Achievements and Ten Challenges." Federal Law Review 45, no. 3 (September 2017): 495–513. http://dx.doi.org/10.22145/flr.45.3.6.
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The statutory office of Commonwealth Ombudsman was created in 1977, as part of the new federal administrative law. In this article, marking the 40th anniversary of the appointment of the first Commonwealth Ombudsman, Professor Jack Richardson, the author describes the early history, including the resistance in some quarters to the model adapted from Sweden. He describes the innovations of the first ten ombudsmen and the frustrations and difficulties they faced. He then identifies ten issues on the future of the office: (1) whether it should be directly linked to the Parliament; (2) whether it should be served by a select committee; (3) how its funding should be maintained; (4) protecting the Ombudsman title; (5) retaining ministerial support in circumstances of differences; (6) overcoming official resistance; (7) addressing judicial hostility; (8) embracing new technology and generic reform; (9) embracing self-criticism and human rights analysis; and (10) engaging with comparative and international outreach and innovation.
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Tollemache, Nadja. "Taking the Ombudsman Concept into the Private Sector: Notes on the Banking Ombudsman Scheme in New Zealand." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 233. http://dx.doi.org/10.26686/vuwlr.v26i2.6165.
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This article traces the development of the institution of Ombudsman in New Zealand and comments on the move of the idea from the public to the private sector. The article first discusses the historical tests for unlawfulness under the Ombudsmen Act 1962 and 1975, which focused on the public sector. The success of the Ombudsmen in the public sector then led to the appointment of New Zealand's first Banking Ombudsman in 1992, modelled on similar offices in the United Kingdom and Australia. However, the article discusses factors that distinguish New Zealand's Banking Ombudsman to that of the United Kingdom: the sequence of events, the structure of the office, and the relationship between the Parliamentary Ombudsman and those in the private sector. *Note: a French language summary of this article is provided at 244.
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Elcock, Howard. "The Polish Ombudsman and the Transition to Democracy." International and Comparative Law Quarterly 45, no. 3 (July 1996): 684–90. http://dx.doi.org/10.1017/s002058930005942x.
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A great deal has happened since the first Polish Commissioner for Citizens' Rights Protection discussed the role of her office in this journal in January 1990.1 At that time, the communist regime had given place to Eastern Europe's first non-communist government, led by Tadeusz Mazowiecki, after the elections of June 1989. Following the Polish United Workers' Party's defeat then, communism collapsed throughout Eastern Europe. Poland itself has since moved somewhat shakily towards a pluralist democratic regime, with a directly elected president and two chambers of Parliament in which multi-party systems now operate. However, despite some suggestions that the institutions created during the communist period should be swept away after communism fell, several of them have made the transition to the new liberal-democratic State. These institutions include three that were created by the Jaruszelski regime during the 1980s in order to try to win back its fading popular legitimacy: the Supreme Administrative Court (SAC), the Constitutional Tribunal (CT) and the Commissioner for Citizens' Rights Protection (CCRP), or Ombudsman. Since the fall of communism, the need for administrative adjudication has both changed and become greater, especially because there has not yet been any agreement on a new Polish constitution. The number of complaints sent to the CCRP's office rose from 22,764 in 1990 to 29,273 in 1993. This short article gives an account of the principal developments in the Commissioner's role since 1990. Professor Letowska was replaced in the office in 1991 by Professor Tadeusz Zielinski, from the University of Krakow, and the change in incumbent has produced significant changes in practice as well as continuity.
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Moreno, Erika. "The Contributions of the Ombudsman to Human Rights in Latin America, 1982–2011." Latin American Politics and Society 58, no. 1 (2016): 98–120. http://dx.doi.org/10.1111/j.1548-2456.2016.00297.x.
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AbstractDemocratic institutions, ranging from constitutional provisions and electoral rules to judiciaries, have been important in improving the rights of citizens across the world. If institutions matter for human rights, then it stands to reason that institutions built specifically to protect human rights, like the human rights ombudsman, should matter too. Using a comparative case study approach, this article examines the effect of the human rights ombudsman at the regional level on several human rights measures in Latin America between 1982 and 2011. The results suggest that the presence of an ombudsman, and some of its design features, have had effects on some social and economic rights, in keeping with the broad mandate given to this office.
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Demina, Elizaveta Petrovna, and Nikita Vladimirovich Babich. "Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)." SHS Web of Conferences 118 (2021): 03023. http://dx.doi.org/10.1051/shsconf/202111803023.
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The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.
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Nemec, Juraj, Marta Orviska, and Colin Lawson. "The Role of Accountability Arrangements in Social Innovations: Evidence from the UK and Slovakia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 73–96. http://dx.doi.org/10.1515/nispa-2016-0004.
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AbstractOur research focuses on selected accountability mechanisms in the two countries. In Slovakia these are the Supreme Audit Office (SAO) and the Ombudsman. In the UK, at the national level we chose the Committee of Public Accounts (PAC), the National Audit Office (NAO) and the Parliamentary and Health Service Ombudsman (PHSO) and on the local level the relatively recently introduced local government system of Scrutiny and Overview.The goal of our article is to assess the potential contribution of these accountability arrangements to the anchoring of social innovation in the public sector. The theory anticipates that accountability institutions such as the SAO and Ombudsman may create feedback loops supporting public innovations. We undertook detailed checks on the concrete situation in the Slovak Republic and in the UK. On the basis of the comprehensive set of data reviewed, including reports, interviews and more generally available information, we can confidently conclude that while in Slovakia such a feedback loop barely functions, in the UK it does function on a limited but still significant scale. In the last part we provide selected arguments why the Slovak situation is less positive.
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Zawadzki, Paweł. "Origin of the European Ombudsman." Miscellanea Historico-Iuridica 19, no. 1 (2020): 443–59. http://dx.doi.org/10.15290/mhi.2020.19.01.19.
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The purpose of this article is to set out the multiannual process for establishing the European Ombudsman's office and the reasons for its establishment. It presents the history of the first European Ombudsmen and the history of the European Communities from a legal perspective. The author goes back to the reasons for setting up the European Ombudsman's body, which were the lack of legitimacy in the European Union. The role of bodies such as the European Ombudsman is to ensure that citizens' rights are actually respected. The European Ombudsman strengthens the rule of law in the European Union and complements the role of the courts by providing a cheap, accessible individual remedy and, on the other hand, complements the representative function of the European Parliament by becoming the centre of independent critical assessment and improvement of the quality of European administration. The rule of law serves to maintain the EU system as a supranational system. It is the construction of the axis of integration. If there is a lack of trust in the community in this respect, it begins to be treated differently. It is therefore important that the European Ombudsman fulfils his Treaty obligations as a body of the European Union effectively.
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Friedery, Reka. "Promoting Democracy through the Work of the EU Ombudsman." Review of European Affairs 4, no. 1 (2020): 5–16. http://dx.doi.org/10.51149/roea.1.2020.1.
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The EU is in an economic, social and political crisis, and there are vital expectations to enhance and restore trust, openness and transparency. The EU bodies which bring the EU and its citizens closer to each other gain even more importance. This paper will demonstrate that alternative dispute-resolution forums, like the office of the EU Ombudsman, have a multidirectional function. It was established to strengthen the fundamental rights of citizens and to enhance a more citizen- -friendly EU administration. The analysis highlights the forum’s importance in changing horizontal relations between different stakeholders into vertical during its procedure, for instance between EU institutions and EU citizens. The presentation of research explores these relations by analysing complaint cases and the EU Ombudsman-related cases of the CJEU. The paper argues that the right to complain to the EU Ombudsman, who is a direct link between EU institutions and EU citizens, and the potential of changing the above-mentioned functions, can strengthen the trust of Member States’ citizens and help them identify as European citizens. The cornerstone of this argument are the relations between the EU citizens, institutions and the Ombudsman.
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Dodson, Michael, and Donald Jackson. "Horizontal Accountability in Transitional Democracies: The Human Rights Ombudsman in El Salvador and Guatemala." Latin American Politics and Society 46, no. 4 (2004): 1–27. http://dx.doi.org/10.1111/j.1548-2456.2004.tb00291.x.
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AbstractPostwar El Salvador and Guatemala have undertaken to reform and democratize the state and to support the rule of law. Each country entered the 1990s hobbled by a legacy of authoritarian rule, while a corrupt and politicized judiciary offered virtually no check on the abuse of power. Because the judiciary has performed poorly as an institution of horizontal accountability, this article examines the performance of a new “accountability agency,” the Human Rights Ombudsman. The article discusses the context in which the office was established and developed in each country, perceptions of its performance, and political responses as the office began to perform its function of holding public officials accountable in their exercise of power. Unfortunately, this new office may fall prey to the same weaknesses that have plagued older institutions in both countries.
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Ulrich, Zachary P. "A Role for Ombuds in Embedded Corporate Social Responsibility Processes?" Industrial and Organizational Psychology 6, no. 4 (December 2013): 358–60. http://dx.doi.org/10.1111/iops.12067.
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My purpose here is to suggest that the often-overlooked organizational ombudsman (OO) role can and should become an influential component of embedded corporate social responsibility (CSR) processes as defined by Aguinis and Glavas (2013). An OO is an employee who works with individuals and groups to help resolve conflicts inside or outside of an organization and who brings systemic concerns to the attention of organizational leadership (Howard, 2010). An OO does this while maintaining the confidentiality of office visitors, operating from a stance of neutrality and impartiality, remaining independent of formal organizational structures, and not adjudicating disputes or otherwise making policy recommendations regarding conflicts (International Ombudsman Association, 2013; Ziegenfuss & O'Rourke, 2011).
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Muntingh, Lukas. "Modest beginnings, high hopes: The Western Cape Police Ombudsman." South African Crime Quarterly, no. 64 (June 29, 2018): 17–28. http://dx.doi.org/10.17159/2413-3108/2018/v0n64a4884.
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In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became operational in 2015. This article reviews its history and context, as well as results from its first year. The Police Ombudsman, the only one in the country, must be seen as one of the results of efforts by the opposition-held province to carve out more powers in the narrowly defined constitutional space, and in so doing to exercise more effective oversight and monitoring of police performance, and improve police–community relations. The Ombudsman must also be seen against the backdrop of poor police–community relations in Cape Town and the subsequent establishment of a provincial commission of inquiry into the problem, a move that was opposed by the national government, contesting its constitutionality. Results from the Ombudsman’s first 18 months in operation are modest, but there are promising signs. Nonetheless, the office is small and it did not do itself any favours by not complying with its legally mandated reporting requirements.
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Maryniv, Ivanna, and Andriy Kotenko. "The European ombudsman as a body for the protection of the rights of individuals and legal entities in the European Union." Law and innovations, no. 1 (33) (April 5, 2021): 55–61. http://dx.doi.org/10.37772/2518-1718-2021-1(33)-8.
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Formulation of the problem. Today, the EU faces new challenges due to the globalization policy pursued by most EU member states, migration and the global pandemic - COVID-19. In the new conditions, the protection of human rights acquires a fundamentally new meaning. Therefore, the question of the role of the EU Ombudsman in the process of protection of individual rights and control over the activities of bodies is very relevant. By choosing the path of European integration and committing itself under the Association Agreement to adapt a number of areas in line with the acquis communautaire, Ukraine should also focus on the experience of the European Ombudsman. Since taking office as the Ukrainian Parliamentary Commissioner for Human Rights in 1998, it will not be an exaggeration to state that there are a number of problems in overseeing the proper activities of the authorities in respecting human and civil rights and freedoms. That is why, given the shortcomings and the chosen vector of development, the experience of the European Ombudsman is of great importance for Ukraine in order to improve the activities of the Ukrainian Parliament’s Commissioner for Human Rights. Target of research is to examine the role of the EU Ombudsman in the process of investigating good governance in the EU institutional mechanism. Article’s main body. The article is devoted to the study of the legal status of the European Ombudsman as a body that must investigate improper bodies of the activities of institutions, agencies to ensure the restoration of violated rights guaranteed by the Charter of Fundamental Rights of the European Union. The analysis of the practice of the European Ombudsman in the official annual reports, as well as the development strategy is carried out. With the help of EU legislation research and conducting of the legal analysis of the Ombudsman’s annual reports, strategic development documents and enquiries, opened by the Ombudsman in the last decade, the complexity of the European ombudsman’s contribution to the implementation of the sustainable development principle within EU’s supranational legal framework. Conclusions. After analyzing the development of Ombudsman’s legal status and the results of his enquiries, conducted in the last decade, a conclusion has been made, that the European ombudsman considerably influences all the institutional system of the EU. His initiatives have far-reaching consequences which might have caused their effect on the whole legal framework of the EU, in case if the European ombudsman had been given some more legal powers. Though, having only recommendation mechanisms in possession, this body influences the governing system of the EU largely, causing positive changes, meeting the leading principles of the functioning of the EU.
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Santistevan de Noriega, Jorge. "Should the Office of Ombudsman for Democracy Be Created in the Inter-American System?" Latin American Policy 3, no. 1 (May 7, 2012): 102–10. http://dx.doi.org/10.1111/j.2041-7373.2012.00059.x.
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Chen, Mai. "New Zealand's Ombudsmen Legislation: The Need for Amendments After Almost 50 Years." Victoria University of Wellington Law Review 41, no. 4 (December 6, 2010): 723. http://dx.doi.org/10.26686/vuwlr.v41i4.5210.
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It has been almost fifty years since the original Parliamentary Commissioner (Ombudsman) Act was passed in 1962, the precursor to the current Ombudsmen Act 1975. Since that time, the role has expanded significantly and the constitutional framework in which the Ombudsman operates has also changed significantly, yet the legislation has never undergone a thorough review. In this article, Mai Chen examines how Ombudsmen are a key tool in the Public Law Toolbox. She reviews the functions of the Office, showing that it can be more effective than courts in addressing issues of public administration in some circumstances, due to its accessibility, low cost to the complainant, and range of remedies available. The article concludes that as so much of the Ombudsmen's work is in private, the lack of formal use of statutory powers to compel or to make formal recommendations may actually evidence their effectiveness in using persuasion to get those complained about to redress the problem. Ms Chen makes a number of reform proposals to reflect recent developments, and to allow the Office to fulfil its constitutional role including a specific public education function, a 20 working day deadline on providing the Ombudsmen with any information requested, a presumption of jurisdiction for bodies exercising public powers affecting the public and which are publicly funded, an express power to comment on law-making with implications for the Ombudsmen and Official Information Acts, extending jurisdiction to "committees of the whole" in Local Government, and a single fixed term to protect Ombudsmen independence in office. The article also considers whether wide use of the name Ombudsmen should be allowed for private sector investigative and complaints bodies.
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Linnik, Natalia. "Human rights begin with the rights of the child." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 356–60. http://dx.doi.org/10.36695/2219-5521.1.2020.71.
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The state, with the help of legal norms and the use of power levers regulates social relations, establishes and maintains the necessary order in the country, but also obeys the society itself is called to serve it. The relationship between society and the state, its quality and level is determined in particular by the effectiveness of the policy in the field of children's rights protection.
At the same time, the role of the institution of the ombudsman (or the commissioner) in the affairs of children is undoubtedly extremely important. Children as one of the most socially vulnerable groups of the population need full protection of their rights.
The introduction of the Ombudsman's Office in Ukraine is a serious step in improving the protection of children's rights. At the same time the transformational processes that take place in the Ukrainian society today predetermine the need for further research on the content and mechanisms of implementation of state policy in the field of children's rights protection. To do this, it is necessary to conduct an analysis of the domestic and foreign experience of the functioning of the institution of the ombudsman for the rights of the child, which is the purpose of this article.
Therefore, the purpose of this article is to analyze the national and foreign experience of functioning of the Ombudsman Institute for the Rights of the Child. The article discusses the prerequisites and features of the establishment of the Ombudsman for Child Rights in Ukraine and the problems of its modern functioning. The models of construction of the Ombudsman Institute in foreign countries are analyzed: Germany, Finland, Canada, New Zealand, Austria, Sweden and Australia. The article also emphasizes the need to improve the system of jurisdictional protection of the rights of the child and the adoption of the Law on the Commissioner for the Rights of the Child in Ukraine.
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Zawacka-Klonowska, Dominika. "Procedure for Out of Court Settlement of Consumer Disputes before the Passenger Ombudsman." Review of European and Comparative Law 43, no. 4 (December 11, 2020): 65–82. http://dx.doi.org/10.31743/recl.5732.
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The adoption of Directive 2013/11/EU of the European Parliament and of the Council of 21.05.2013 on alternative dispute resolution methods for the settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.05.2013 on the online system of consumer disputes resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, was intended to enable consumers to resolve disputes with entrepreneurs using alternative dispute resolution methods. In order to ensure that consumers can exercise the rights granted to them by EU law, by way of implementation of the Regulations there has been an amendment of the Act of 3 July 2003 - Aviation law (i.e. Journal of Laws of 2019, item 1580), on the basis of which the institution of the Passenger Ombudsman at the Civil Aviation Office was established, which is an entity entitled to conduct proceedings for the out-of-court settlement of consumer disputes between a passenger and an air carrier, tour operator, or seller of air tickets, entered into the register of entitled entities. The purpose of this study is to present the legal regulation concerning proceedings before the Ombudsman, indicating the political position of the Passenger Ombudsman and his team using analytical and comparative research methods.
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Dolan, Norman J., and Colin J. Bennett. "What Is an Ombudsperson? Global Diffusion, International Standardization, and Institutional Diversification." Political Studies Review 17, no. 4 (November 7, 2018): 370–90. http://dx.doi.org/10.1177/1478929918807972.
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The global diffusion of administrative institutions such as the Ombudsperson office provides clues into wider questions of democratic development. Explanations of institutional diffusion tend to assume, however, that the essential character of the institution remains relatively stable. While the office of the Ombudsperson has become a potent symbol of administrative fairness and independence in defense of the individual against the powerful public agency or corporation, we show that the essential identity of this office has changed over time. As the number of agencies calling themselves ombudsmen has proliferated, the number of functions performed have diversified, shaping public perceptions and expectations. The article describes this pattern of institutional diversification into a widespread network of classical, executive, organizational, and advocacy ombudspersons. The institutional proliferation has led to processes of institutional standardization, and an increasing motivation to defend the ombudsman “brand” to justify its status and distinguish its place within different political and administrative systems.
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DÍEZ BUESO, Laura. "Reflexiones para una nueva regulación constitucional del Defensor del Pueblo." RVAP 95, no. 95 (April 30, 2013): 225–40. http://dx.doi.org/10.47623/ivap-rvap.95.2013.09.
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LABURPENA: Herriaren Defendatzailea Espainiako ordenamenduan sortu zenetik hogeita hamar urtetik gora igaro diren honetan, artikulu honek haren diseinu konstituzionala berriz taxutzea proposatzen du bi irizpideok oinarri hartuta: alde batetik, gure sistema instituzionalaren beharretara gehien egokitzen den Ombudsman eredua; bestetik, Defendatzaileak nola bete duen eskubideen bermatzaile-eginkizuna. Hortik abiatuta, erreforma-proposamenak bi ataletan biltzen dira. Lehendabizikoan, funtsezkoak izateagatik, Herriaren Defendatzailearen balizko erreforma konstituzionalean nahitaez kontuan hartu beharko liratekeen ezaugarriak jasotzen dira; haien artean, azpimarratzekoa da hura aukeratzeko gehiengoaren eta haren agintaldiaren iraupenaren zehaztapena. Bigarren atalean, erreforma konstituzionalean Estatuko erakundeak ahalik gehiena arautzea aukeratuko balitz, zer ezaugarri gehitzea komeniko litzatekeen jasotzen da; haien artean, erregelamendu-autonomia eta ofiziozko espedienteak abiarazteko duten ahalmena nabarmentzen dira. RESUMEN: Tras más de treinta años desde la incorporación del Defensor del Pueblo al ordenamiento español, este artículo propone una reformulación de su diseño constitucional partiendo de dos criterios: por un lado, cuál es hoy el modelo de Ombudsman que más se ajusta a las necesidades de nuestro sistema institucional; y, por otro, la forma en que el Defensor ha desarrollado su función como garante de derechos. A partir de aquí, las propuestas de reforma se agrupan en dos apartados. El primero dedicado a aquellos caracteres que, por su carácter esencial, deberían incluirse necesariamente en una eventual reforma constitucional del Defensor del Pueblo; entre ellos destaca la concreción de las mayorías para elegirlo y la duración de su mandato. El segundo apartado recoge los rasgos que convendría incorporar si la opción de la reforma constitucional fuera la de concretar al máximo la regulación de las instituciones estatales; entre ellos sobresale la autonomía reglamentaria y su capacidad para iniciar expedientes de oficio. ABSTRACT: After more than thirty years since the inclusión of the Ombudsman within the Spanish legal order, this article proposes a new design as of two criteria: on the one hand, which model of Ombudsman approaches nowadays better to the necessities of our institutional system; and on the other hand, the way by which the Ombudsman has developed its activities as guarantor of rights. From this point on, the proposals for reform can be put into two parts. The first one devoted to those features that due to its essential nature should necessarily be included in a prospective constitutional reform of the Ombudsman; among them it stands out the majorities required for the selection of the Ombudsman and the length of its office. The second part reflects the characteristics that should have if the option for the constitutional amendment would be to specify to the maximum the regulations of the State institutions; among them the statutory autonomy and its capacity to open administrative files.
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Baharuddin, Aris. "Overview of Public Services at the One-Stop Investment and Integrated Service Office of South Sulawesi." Jurnal Ad'ministrare 6, no. 2 (February 4, 2020): 131. http://dx.doi.org/10.26858/ja.v6i2.12096.
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Basically, humans need service, the concept of this service will always be in the life of every human being. This study aims to determine tangibles, reliability, responsiveness, assurance, and empathy in public services at DPMPTSP South Sulawesi. This study uses a qualitative approach to the type of descriptive analysis research with data collection techniques namely observation, in-depth interviews, and documentation. Data analysis techniques used are data reduction, data presentation, and drawing conclusions. The results showed that the implementation of public services carried out at DPMPTSP South Sulawesi held well, as evidenced by the application of the green zone from Ombudsman
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Dzhafer, Nigyar, Tzekomir Vodenicharov, and Janis Papathanasiou. "Does the Bulgarian Health Care System Need a Health Ombudsman?" Folia Medica 62, no. 2 (June 30, 2020): 391–97. http://dx.doi.org/10.3897/folmed.62.e47655.
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Background: The Office of the Ombudsman of the Republic of Bulgaria (ORB) is an independent constitutional body elected by Bul­garian Parliament in 2005. It serves to protect the rights of all citizens, including the rights of patients, children, people with disabilities, minorities, foreigners, etc. Bulgarian healthcare users complain when they feel that the healthcare system (HCS) has failed their needs or they have been recipients of an inappropriate treatment. Aim: The aim of the present study was to analyze the structure and dynamics of all complaints from Bulgarian healthcare users referred to the ORB over a 13-year period (2005 – 2018). Materials and methods: Retrospective documental research was used in the present study. The data included the complaints ob­tained from the official annual reports of the ORB that are available online. Bibliographic and documental searches were also used as sources. The complaints were analyzed by their annual distribution and classified by problem areas in the HCS. Results: Between 2005 and 2018, there were a total of 3288 complaints filed to ORB against HCS. In 2015, 368 complaints were re­ceived by ORB from Bulgarian healthcare users and from various patient organizations concerning problems in the HCS. The filed complaints to ORB increased by 82% in 2016 (n=421). In 2017, the overall number of ORB-referred complaints amounted to 494, and in 2018 their number was as high as 607, which represents an increase by 23% compared to the number of complaints in 2017. Conclusion: The great number of complaints referred to ORB about the HCS over the last four years strongly suggests that the institu­tion of the Ombudsman in Bulgaria enjoys high confidence among Bulgarian healthcare users.
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Kostadinova, Petia. "Improving the Transparency and Accountability of EU Institutions: The Impact of the Office of the European Ombudsman." JCMS: Journal of Common Market Studies 53, no. 5 (March 25, 2015): 1077–93. http://dx.doi.org/10.1111/jcms.12245.
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Moore, John E. "STANLEY V. ANDERSON." PS: Political Science & Politics 43, no. 01 (January 2010): 164–65. http://dx.doi.org/10.1017/s1049096510990872.
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Stan Anderson died unexpectedly while out for an afternoon walk on May 26, 2009. If I set out to design a model civil society, Stan would be my model citizen. At every nexus in the life of a community—family, friends, workplace, and civic institutions—Stan's instincts were to care and to contribute. For 30 years a member of the political science faculty at the Santa Barbara campus of the University of California, he was a leading authority on, and advocate for, American applications of the (Scandinavian) office of ombudsman. If that term for an official who handles citizens' complaints is no longer foreign in the United States, it is largely because of Stan Anderson.
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Athanasiadou, Natassa, and Nikos Vogiatzis. "The EU Queries: A Form of Extra-Judicial Preliminary Reference in the Field of Maladministration?" German Law Journal 22, no. 3 (May 2021): 441–65. http://dx.doi.org/10.1017/glj.2021.17.
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AbstractThis Article represents the first comprehensive study of the EU query process, a form of flexible extra-judicial cooperation between the European Ombudsman and the national ombud offices on the interpretation and application of EU law across member states. The way this cooperation is constructed brings imminently to mind the preliminary reference procedure: A national office submits a query within the scope of EU law to the European Ombudsman who, after consultation with the Commission—in the vast majority of cases—provides a reply. Upon closer examination, however, this Article illustrates key differences between the two procedures, while pointing out the added value of the EU query procedure compared to the preliminary reference. More specifically, while the interpretation that is provided is not authoritative or legally binding (among other differences), thanks to the flexibility of this instrument, interpretative guidance is provided at an early stage in case a problem in the interpretation and application of EU law arises, and thus litigation may be avoided. Furthermore, the EU query procedure serves as a reliable source of information for both the European and the national sides. However, this Article also identifies a number of challenges in relation to the transparency of the scheme, its effective functioning, as well as its interplay with other instruments, such as the infringement procedure.
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Cathcart, Mark E. H., Patrick McGrath, Edward Goodall, and Tara Moore. "An investigation of the interface between the office of the police ombudsman for Northern Ireland and local forensic physicians." Medicine, Science and the Law 48, no. 2 (April 2008): 117–23. http://dx.doi.org/10.1258/rsmmsl.48.2.117.
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Bekteshi, Enertila. "European Parliament the Democratic Representative for the People of Europe." Mediterranean Journal of Social Sciences 8, no. 1 (January 26, 2017): 340–46. http://dx.doi.org/10.5901/mjss.2017.v8n1p340.
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Abstract The history of the European Parliament can be seen as part of the development process toward a federal parliament supported by some researchers, but however another viewpoint of EU nature, as an international organization would be influenced from the European Parliament’s viewpoint as well. It has been admitted that formal upcoming changes have turned it into a codecision-maker with the Council of Ministers. There isn’t any other organization, where the member countries should share the decision-making process with the institutions which have been selected directly. In fact, during the creation of the united Europe, the power of the European Parliament have continuously increased trying to reduce the “democratic deficit” for which the Community is accused. Also the role of the EP role as an alternative point of access in the "policy-making'" process for interests that feel excluded from the domination of business interests could help in building a sense of European Identity among such groups in the longer term. The European Parliament appoints an Ombudsman, who may receive complaints from any citizen of the Union or from any other natural person or legal entity living or having his/her statutory residence/registered office in a member country. The cases handled by an Ombudsman are related to the bad administration of the institutions or community bodies’ activities except the Court of Justice and the General Court in their court functions. The Ombudsman works in full competence and does not accept or require directives from any other organization. During his assignment must not perform any other professional activity for free or against payment. He is appointed by the European Parliament with the same duration of his legislature having a renewable mandate. In the DPB are provided also the Ombudsman’s norms that might have in the cases of bad administration in conjunction with the activity of institutions in this sector. Thus, it will be solved the problem of accusation for lacking of transparency addressed to this sector.
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Sinnamon, Tim. "CONSUMER CAPTURE AND THE LEGAL SERVICES ACT 2007." Denning Law Journal 26 (September 24, 2014): 98–148. http://dx.doi.org/10.5750/dlj.v26i0.926.
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It is now nearly 7 years since the Legal Services Act 2007 (LSA) was brought onto the statute books. It is now 5 years since the major provisions of the Act became effective. For those unfamiliar with the Act, it is a blockbuster piece of legislation which in its entirety runs to 214 sections (covering 120 pages) and 24 Schedules which make up the remainder of the total 389 pages.The LSA 2007 sought to fundamentally recalibrate the regulation of the legal services market. To achieve this, the Act introduced a new tier of oversight regulation, above the then existing regulators of legal services. This new oversight regulator, called the Legal Services Board (LSB) is armed with an arsenal of statutory powers. The LSA 2007 also established a new ombudsman in the form of the Office of Legal Complaints.
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Bayer, Stephanie, Paul Kuzmickas, Adrienne Boissy, Susannah L. Rose, and Mary Beth Mercer. "Categorizing and Rating Patient Complaints: An Innovative Approach to Improve Patient Experience." Journal of Patient Experience 8 (January 1, 2021): 237437352199862. http://dx.doi.org/10.1177/2374373521998624.
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The Ombudsman Office at a large academic medical center created a standardized approach to manage and measure unsolicited patient complaints, including methods to identify longitudinal improvements, accounting for volume variances, as well as incident severity to prioritize response needs. Data on patient complaints and grievances are collected and categorized by type of issue, unit location, severity, and individual employee involved. In addition to granular data, results are collated into meaningful monthly leadership reports to identify opportunities for improvement. An overall benchmark for improvement is also applied based on the number of complaints and grievances received for every 1000 patient encounters. Results are utilized in conjunction with satisfaction survey results to drive patient experience strategies. By applying benchmarks to patient grievances, targets can be created based on historical performance. The utilization of grievance and complaint benchmarking helps prioritize resources to improve patient experiences.
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Tsourdi, Evangelia (Lilian). "Holding the European Asylum Support Office Accountable for its role in Asylum Decision-Making: Mission Impossible?" German Law Journal 21, no. 3 (April 2020): 506–31. http://dx.doi.org/10.1017/glj.2020.21.
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AbstractThe Common European Asylum System (CEAS) seeks to harmonize national asylum procedures. The initial implementation design of the CEAS, reflective of the theory of executive federalism, foresaw that national authorities were to conduct asylum processing and implement the harmonized norms. The implementation design of the EU asylum policy has, nevertheless, started to shift. An integrated European administration is emerging. One area this is pronounced in is asylum decision-making, where patterns of joint implementation have surfaced. This term broadly refers to staff and experts deployed by the European Asylum Support Office (EASO), an EU agency, working alongside national administrators, including on the processing of asylum claims. This Article scrutinizes the emergence of joint implementation patterns in EU asylum policy and the resulting accountability challenge, drawing both from legal analysis and political science theories. I also refer to administrative practice as documented in secondary sources. EASO is currently subject to a mosaic of accountability processes. Two main pitfalls emerge: the intricate balance between accountability and independence; and accessibility for the individual. Against this backdrop, I focus on extra-judicial accountability through the European Ombudsman which, combined with the envisaged internal “individual complaints mechanism” within EASO, could go some way in ensuring applicants’ procedural rights.
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Gavrilova, Olga. "Organizational unity with the prosecutor’s office as a feature of Latin American ombudsman model: problems of ensuring the independence and effectiveness." Sravnitel'noe konstitucionnoe obozrenie 6, no. 115 (2016): 123–34. http://dx.doi.org/10.21128/1812-7126-2016-6-123-134.
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Hardy, Tess, and John Howe. "Too Soft Or Too Severe? Enforceable Undertakings and the Regulatory Dilemma Facing the Fair Work Ombudsman." Federal Law Review 41, no. 1 (March 2013): 1–33. http://dx.doi.org/10.22145/flr.41.1.1.
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This article reports on the use of enforceable undertakings by the Australian employment standards enforcement agency, the Office of the Fair Work Ombudsman (FWO), and its predecessor, the Workplace Ombudsman. Enforceable undertakings are used by the FWO as an alternative enforcement tool to court litigation in relation to breaches of the Fair Work Act 2009 (Cth), which regulates wages, working hours and other minimum employment conditions. Proponents of enforceable undertakings argue that they deliver value to regulatory agencies as a responsive alternative to traditional, punitive enforcement action. On the other hand, critics have raised concerns about the accountability and effectiveness of this enforcement tool. The authors provide a critical analysis of the FWO's use of enforceable undertakings, including consideration of the decision-making process, content, monitoring and enforcement of undertakings. The analysis is based on a review of all enforceable undertakings concluded in the period from 1 July 2008 to 30 June 2012, as well as qualitative interviews with approximately 60 inspectors, managers and lawyers of the FWO, and a number of specialist workplace relations lawyers. The article reveals that the FWO has made limited but promising use of enforceable undertakings in the review period. Through deployment of enforceable undertakings, the FWO has demonstrated that it has a mix of regulatory approaches available to it that are consistent with the key principles of responsive regulation. The number of enforceable undertakings accepted by the FWO, however, remains fairly limited. We set out a number of ways in which the regulator may maximise the utilisation of enforceable undertakings, and more fully realise the regulatory benefits of this particular compliance tool.
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Gmurzyńska, Ewa. "Analysis of the Causes of Conflicts at Universities and Alternative Methods of Resolving Them. Part II: Academic Ombudsman and Adjudicative Methods." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 149. http://dx.doi.org/10.17951/sil.2021.30.2.149-203.
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<p>This study is the second part of the article entitled: <em>Analysis of the Causes of Conflicts at Universities and Alternative Methods of Resolving Them. Part I: Mediation in Academic Disputes</em>. The first part analyzes the causes of conflicts at universities and the basic alternative method of solving them – mediation. The second part focuses on the issue of academic disputes in the context of the court proceeding, and discusses the institutions of the academic ombudsman, arbitration in academic disputes and mixed methods, in particular the Office of Independent Adjudicator. Due to the changing expectations of students towards universities, contractual nature of these relations, increased number of court proceedings brought against universities or anticipation of such an increase, as well as the development of ADR methods in various fields, universities around the world started to look for new ways of solving academic disputes that would protect the independence of universities and at the same time fulfill an educational function. ADR methods such as mediation, ombudsman or arbitration may effectively replace or supplement insufficient internal procedures, as well as court proceedings characterized by high costs, lengthy procedures and formalism. These methods are better adapted to the nature of the academic community, take into account the voice of the participants, give them the opportunity to influence the proceeding and outcome of the dispute, ensure the equality of the parties. They also fulfill educational purposes, especially in disputes involving students, as they give the possibility of ending the dispute through dialogue and taking into account the point of view of the other party.</p>
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Daniati, Daniati, Minollah Minollah, and Kaharudin Kaharudin. "The Effect of Implementation of Tax Sanctions on Private Tax Observation (Case Study in Dompu District)." International Journal of Multicultural and Multireligious Understanding 7, no. 7 (August 8, 2020): 349. http://dx.doi.org/10.18415/ijmmu.v7i7.1858.
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The purpose of this study was to determine and analyze the effect of the implementation of tax sanctions on the level of compliance of individual taxpayers in Dompu Regency and to find out and analyze the quality of services to taxpayers in Dompu Regency. The type of research used is empirical legal research, the statutory approach method, the conceptual approach and the sociological approach. Based on the results of the study, the implementation of tax sanctions on the level of compliance of individual taxpayers in Dompu Regency that does not have a significant effect on the level of taxpayer compliance, this is indicated by the data in 2016 up to 2019 there was a decrease in the rate of tax revenue in Dompu Regency. services to taxpayers in Dompu Regency are run by the Dompu Tax Counseling and Consultation Service Office, which is in the medium category based on survey results from variable data and indicators according to public service standards and Ombudsman surveys.
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Duhaney, Taneika. "Title VI: Modernizing Allotments for Vulnerable Elder Rights Protection Activities and Other Programs." Innovation in Aging 4, Supplement_1 (December 1, 2020): 715. http://dx.doi.org/10.1093/geroni/igaa057.2521.
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Abstract Of the many changes to the OAA, the Modernizing Allotments for Vulnerable Elder Rights Protection Activities and Other Programs section included notable changes. This bill specifies that Title VII programs will receive a 7% increase in 2020 and a 6% increase in the following four fiscal years. It extends the Supporting Grandparents Raising Grandchildren Act for an additional year. The reauthorization ensures that ombudsman representatives can be reimbursed for costs incurred through their services. The Act requires that the Government Accountability Office study federal programs for home modification assistance for older adults and individuals with disabilities. The Act directs the Administrator of the Administration for Community Living to continue the 2017 requirement of disseminating and soliciting feedback on the Principles for Person-directed Services and Supports during Serious Illness. This reauthorization updates home and community-based best practices; and elder justice activities, including community outreach and education to bolster community partnerships.
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Sanday, Reg. "Computerization in the national planning and statistics office of the republic of Vanuatu: A case study in the management of technological change." Information Technology for Development 4, no. 2 (June 1989): 473–516. http://dx.doi.org/10.1080/02681102.1989.9627159.
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Guiñazú, Claudio E. "Primera aproximación a la exigibilidad -no judicial-del derecho a la salud en la provincia de Córdoba / A first approach to nonjudicial enforceability of the right to health in the province of Córdoba." Revista Derecho y Salud | Universidad Blas Pascal, no. 2 (November 15, 2018): 85–97. http://dx.doi.org/10.37767/2591-3476(2018)07.
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Desde la perspectiva del “enfoque de derechos humanos” el trabajo aborda la distinción entre la exigibilidad judicial del derecho a la salud, y otras instancias y mecanismos administrativos de exigibilidad, que permiten monitorear ciertos aspectos del sistema de salud. Expone algunas ventajas y desventajas de ambas modalidades, concentrándose en la exigibilidad -no judicial- de este derecho en la provincia de Córdoba. Releva los principales organismos provinciales, competentes para fiscalizar actividades vinculadas con el derecho a la salud, así como la información disponible sobre los reclamos y denunciasformulados ante ellos. Particularmente se detiene en la Dirección de Defensa al Consumidor y Lealtad Comercial, el Registro de Unidades de Gestión de Prestaciones de Salud (R.U.GE.PRE.SA.) y el Consejo de Evaluación Ética de la Investigación en Salud (CoEIS) -en la esfera de la Administración Pública centralizada-, y -fuera del Poder Ejecutivo- en el Defensor del Pueblo de la Provincia.
From a human rights approach, this paper analyzes the distinction between judicial enforceability of the right to health and other enforcement mechanisms which allow monitoring of certain elements of local healthcare systems. The paper describes advantages and disadvantages of all these mechanisms,and it focuses on nonjudicial enforcement of the right to health in the province of Córdoba. The main provincial healthcare supervision offices are examined, as well as the information available on complaints filed before them. In particular, the paper centers on the Consumer Protection Office, the Registry of Healthcare Provision Units (Spanish acronym: RUGEPRESA) and the Council for Ethics Assessment in Health Research (Spanish acronym: CoEIS) -all of them part of the decentralized Provincial Administration- and the Ombudsman Office –external to the local Executive Power.
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Martini, Martini, and Efridani Lubis. "ANALISIS YURIDIS PERALIHAN TANAH GIRIK KE HAK GUNA USAHA BERDASARKAN ITIKAD TIDAK BAIK DI PULAU PARI KEPULAUAN SERIBU DKI JAKARTA." VERITAS 7, no. 1 (April 30, 2021): 19–35. http://dx.doi.org/10.34005/veritas.v7i1.1253.
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Conflict of land between Pari Island’s community and PT BPA begin in the year 1993 where corporate consorsium declared that 90% of the ownership of the island belongs to them. The corporate said that the land had been acquired through sale purchasing with local administrator. The legal issue has been proceseed at the moment, however there is no official decision yet. Another aspect of this case is mal-administration that conducted by Jakarta Land Office which had been processed by Ombudsman based on community report. The aim of this research is to understand the regulation and procedure of custom land right to cultivation right and the implementation of it in Pari Island. The research used qualitative method with normative legal approach including court decision regarding the issue. The result of the study shows that the community in Pari Island actually have their custom land right legally, therefore they need legal advices and aid to resolve the conflict. The output of the research is article published in accreditation national journal.
Abstrak
Permasalahan konflik tanah/lahan antara warga Pulau Pari dan pihak swasta PT BPA dimulai sejak tahun 1993, yaitu ketika satu konsorsium korporasi, PT BPA menyatakan bahwa 90% kepemilikan tanah di Pulau Pari adalah milik perusahaan konsorsium. Perusahaan menyatakan tanah-tanah tersebut telah diakusisi melalui jual beli secara resmi melalui kelurahan. Permasalahan ini telah masuk ke ranah hukum, namun belum memperoleh kekuatan hukum yang tetap. Ombudsman telah melakukan pemeriksaan terhadap kasus ini berdasrkan permohonan warga dan menemukan adanya tindak mal-administrasi yang dilakukan Kantor Pertanahan Jakarta. Tujuan penelitian ini adalah untuk mengetahui pengaturan dan prosedur peralihan tanah girik ke hak guna usaha dan bagaimana pelaksanaanya di Pulau Pari Kepulauan Seribu, Penelitian ini dilakukan dengan menggunakan metode kualitatif dengan pendekatan yuridis normatif adalah pendekatan dengan mengutamakan dan berdasarkan bahan hukum utama dengan cara menelaah teori-teori, konsep-konsep, asas-asas hukum serta peraturan perundang-undangan, termasuk hasil putusan pengadilan yang berhubungan dengan penelitian ini. Istilah lain untuk pendekatan ini adalah Studi Kepustakaan. Hasil penelitian secara yuridis, warga Pulau Pari belum memiliki bukti formal dan jelas atas kepemilikan tanah maka perlu ada solusi secara hukum, administrasi dan ekonomis untuk menyelesaikan konfilik pertanhan di Pulau Pari ini. Luaran penelitian ini adalah publikasi di jurnal nasional terakreditasi.
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Kaymakova, Е. V. "SPECIAL ORDER OF JUVENILE FAMILY RIGHTS PROTECTION: THEORY AND RESEARCH ASPECTS." Proceedings of the Southwest State University 21, no. 4 (August 28, 2017): 165–70. http://dx.doi.org/10.21869/2223-1560-2017-21-4-165-170.
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The article describes theory and research aspects of special order of juvenile family rights protection on the basis of existing family legislation. A key problem in this sphere is child's special legal status in family relations. Every child acts as a subject of these relations and has the right to protect the rights independently in all ways provided not only according to the Family code of the Russian Federation (further - the IC RF) but also using different ways specified in other laws. Traditionally there are two main forms of juvenile protection - jurisdictional and not jurisdictional. The main form of juvenile protection is jurisdictional: general (or judicial) and special (or administrative) protection acts. The author analyzed standards of the Family code of the Russian Federation and the Civil Code of the Russian Federation, the Federal law "About children’s welfare", the Federal law "About Prosecutor's Office of the Russian Federation", the Decree of the President "About children’s rights ombudsman of the Russian Federation ". The author also studies scientific works of the leading Russian scientists in the field of family law. During the research the author draws a conclusion that administrative protection of juvenile family rights in the Russian Federation has legislative solution. At the same time, it is necessary to recognize that achievement of native law and order is the right for judicial protection proclaimed by the Constitution of the Russian Federation in 1993. It states the availability of justice to any person and restriction inadmissibility to appeal to the court.
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Jánosi, András, Péter Ofner, Gabriella Branyickiné Géczy, and Péter Polgár. "Incidence of myocardial infarction in Hungary. Population study in five districts of Budapest and Szabolcs-Szatmár-Bereg county." Orvosi Hetilap 154, no. 28 (July 2013): 1106–10. http://dx.doi.org/10.1556/oh.2013.29667.
Full textAbstract:
Introduction: In the last few decades data on the incidence of acute myocardial infarction are not available in Hungary. Aim: The aim of the authors was to define the incidence of myocardial infarction using the Hungarian Infarction Registry according to the number of in- and out-of-hospital cases in five districts of the capital (districts II, III, IX, X and XVII) and Szabolcs-Szatmár-Bereg county. Method: Besides using the Hungarian Infarction Registry, databases of the National Public Health and Medical Officer Service and that of the Hungarian Central Statistical Office were used in order to define the incidence of prehospital cases, according to the regulations presented in an earlier proposal of the Data Protection Ombudsman of Hungary. Results: For 10 000 residents the incidence of myocardial infarction in the capital was 28.63 in males and 16.21 in females, while in Szabolcs-Szatmár-Bereg county the mean incidence was 32.49 for males and 18.59 for females. The mean incidence of myocardial infarction in the five districts of the capital in males and females did not differ from the mean values of Szabolcs-Szatmár-Bereg county. When comparing the incidence values in different districts of the capital to the countryside, the Szabolcs-Szatmár-Bereg county had significantly higher values for both males and females compared to districts II and III of the capital, while in district X the incidence of myocardial infarction in males was significantly lower compared to the values in the countryside. Conclusions: Using the mean incidence results projected to the capital and countryside population according to age and gender, 20 000 new myocardial infarction cases might be expected per year in Hungary. Orv. Hetil., 2013, 154, 1106–1110.
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Suyo-Vega, Josefina Amanda, Mónica Elisa Meneses-La-Riva, Susana Edita Paredes-Díaz, and Víctor Hugo Fernández-Bedoya. "Domestic violence: The day-to-day life of peruvian women experiencing depressive disorders." Harmoni Sosial: Jurnal Pendidikan IPS 7, no. 2 (September 8, 2020): 96–103. http://dx.doi.org/10.21831/hsjpi.v7i2.31494.
Full textAbstract:
Violence against women in Peru is on the rise, with 138% of femicides recorded by women's emergency centers by 2018. Mental health with depressive disorders is the leading cause of health problems worldwide, according to the World Health Organization. The objective was to determine the prevalence of domestic violence and depressive disorders among women in three departments of Peru. The methodology was applied, with a quantitative approach, of non-experimental design, of a cross-sectional nature. The population consisted of 384 women over 18 years of age, distributed in Lima 250, La Libertad 80, and Amazonas 54, where they reported mistreatment and depressive disorders, information recorded in the Women's Emergency Centres, the police stations, the Vaso de Leche social programs, the canteens and the Office of the Ombudsman for Women, Children, and Adolescents. The data collection technique was a survey, the instruments applied were two questionnaires, one measuring the prevalence of domestic violence (VIF J4), and the Hamilton Scale for depressive disorder, which suggests the following cut-off points: not depressed, mild/minor depression, moderate depression, severe depression, and very severe depression. Among the relevant results, it was found that of the 100% of women who suffer from domestic violence, these are subdivided into physical violence 16%), psychological violence 20%, sexual violence 26%, social violence 16%, patrimonial violence 11% and gender violence 13%. For the depressive disorder, it was found that 100 percent of women who suffer from domestic violence have depressive disorders divided into intermediate insomnia 4%, early insomnia 7%, late insomnia 7%, women who suffer in the development of their activities and work 8%, depressive mood 14%, thoughts about suicide (15/100), psychomotor inhibition 15%, and psychomotor agitation 15% that concluding that domestic violence associated with depressive disorders leads to suicide.