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Book part
Publication date: 30 September 2022

Yasemin Mamur Işıkçı and Betül Ateş

Various problems in the field of children's rights require governments in all countries to take urgent action to establish preventive mechanisms. In this respect…

Abstract

Various problems in the field of children's rights require governments in all countries to take urgent action to establish preventive mechanisms. In this respect, governments are increasingly organising private specialised units on sensitive issues concerning children's rights, which hopefully may prevent further abuse of children. The existence of structures specialising in children's rights is extremely necessary in terms of empowering children to express their problems and wishes. In this study, the duties and functions of the Children's Ombudsman are discussed using examples from different countries.

Book part
Publication date: 9 May 2022

Ursula Kilkelly and Emily Logan

Since the adoption of the United Nations Convention on the Rights of the Child, focus has shifted to its implementation at national level. In this regard, the UN Committee…

Abstract

Since the adoption of the United Nations Convention on the Rights of the Child, focus has shifted to its implementation at national level. In this regard, the UN Committee on the Rights of the Child has recommended that every state party needs an independent human rights institution for children which should, whatever its form, be able independently to monitor, promote and protect children’s rights. Ireland established its Ombudsman for Children in 2004, with a founding law that gives the institution a wide range of powers associated with the duty to promote children’s rights. These include the express duty to advise Government, raise awareness, undertake research, and consult with children about matters that concern them. The Ombudsman for Children also has the power to receive complaints from children and investigate actions of public bodies that have adversely affected a child in areas of social and health services, child protection and education. This chapter considers the exercise by the Ombudsman for Children of these statutory powers against the backdrop of international standards on independent institutions for children. It illustrates how the Ombudsman for Children has advanced children’s rights in Ireland by taking a proactive and strategic approach to its legislative mandate, and notes in particular the role that soft power – derived from the Ombudsman’s independence, legitimacy and influence – has helped to maximize the potential of the institution.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Book part
Publication date: 19 November 2019

Paulo Marzionna

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting…

Abstract

This chapter discusses the adoption by Brazilian companies of alternative dispute resolution (ADR) methods for individual workplace conflicts. Brazil is an interesting case to study ADR due to its high level of institutionalized individual workplace conflicts and its extensive workplace statutory regulation. Investigating the case of three Brazilian private companies of different sectors and sizes, I found that Brazilian companies are developing their own ADR practices, focusing on ombudsman offices (OOs), instead of using the mediation and arbitration methods that are predominant in the United States. I argue that the adoption of the ombudsman can be explained by institutional and workplace level factors, which include the characteristics of Brazilian industrial relations system, each company’s human resources (HRs) strategy, and the relationship between companies and unions. Furthermore, I discuss how the usage rate of the OOs might vary according to the OO’s internal structure and its functioning rules. The cases provide important insights for scholars interested in ADR in general and in Brazilian industrial relations system, as well as union leaders, HR managers, and other practitioners dealing with workplace conflicts globally.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-83909-192-6

Keywords

Abstract

Details

The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 9 May 2022

Katrien Klep, Stephanie Rap and Valérie Pattyn

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of…

Abstract

Under the UN Convention on the Rights of the Child, states have the obligation to implement and monitor children’s rights. A key element thereof is the creation of independent national institutions for the promotion and protection of children rights (independent children’s rights institutions – ICRIs). All over the world a wide variety of such institutions can be found. In this chapter, the authors aim at providing a broader understanding of how to research ICRIs’ capacity to monitor and promote children’s rights. The authors use the case of the Dutch Children’s Ombudsman and an evaluation of this institute to draw out key elements of such research. This chapter shows the importance of studying the political process behind the establishment of an ICRI, and conceptualize and measure the autonomy of an ICRI in a comprehensive way. Moreover, the chapter sketches how an ICRI is part of a wider “children’s rights landscape” engaging with children’s rights actors at different levels. Multidisciplinary research is needed to grasp these elements and conduct a comprehensive assessment of an ICRI.

Details

The Roles of Independent Children's Rights Institutions in Advancing Human Rights of Children
Type: Book
ISBN: 978-1-80117-608-8

Keywords

Article
Publication date: 1 September 2001

Jane Cowan

Considers the role of the Ombudsman’s office in the NHS. It also stresses that, whilst improvements have already been made in the format and style of investigation…

Abstract

Considers the role of the Ombudsman’s office in the NHS. It also stresses that, whilst improvements have already been made in the format and style of investigation reports, these are still not being used to their full advantage as teaching aids for staff. An overall review of the publications issued by the Ombudsman highlights the poor dissemination of information to NHS staff. Also discusses the types of complaints dealt with by the Ombudsman and points out the small percentage of complaints which are referred to the Ombudsman or even upheld. Support and resources are the essential elements to improving service and the results of the Ombudsman’s investigations are designed to assist in the ongoing development of risk management and clinical governance in the NHS.

Details

British Journal of Clinical Governance, vol. 6 no. 3
Type: Research Article
ISSN: 1466-4100

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Article
Publication date: 12 February 2018

Sheikh Mohammad Towhidul Karim

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…

Abstract

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.

Details

International Journal of Law and Management, vol. 60 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 January 2001

Julian Farrand

The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by…

Abstract

The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by judges, especially on appeal or judicial review from an ombudsman. Is ‘justice according to law’, an oxy‐moron? Examples of decisions where the law was deliberately not applied because it was not considered ‘fair and reasonable in all the circumstances’ are taken from the writer's time as Insurance (and later Pensions) Ombudsman. Will the Financial Services Ombudsman Scheme revive a newer equity or will consistency be regarded as something better than justice in the individual case?

Details

Journal of Financial Regulation and Compliance, vol. 9 no. 1
Type: Research Article
ISSN: 1358-1988

Article
Publication date: 6 April 2010

Najmul Abedin

The purpose of this paper is to critically examine the working of the Ombudsman offices in six developing democracies in the Commonwealth Caribbean in order to…

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Abstract

Purpose

The purpose of this paper is to critically examine the working of the Ombudsman offices in six developing democracies in the Commonwealth Caribbean in order to assess/evaluate the degree or extent of effectiveness of these offices. It aims to look at them from both contemporary and evolutionary perspectives. Although it focuses on the Commonwealth Caribbean, some references to other parts of the world are also made for a better and comparative understanding of the Ombudsman institution.

Design/methodology/approach

The paper is based mainly on archival research. Original/primary as well as secondary sources – old, recent and contemporary – have been used. Random interviews and observation have also been useful sources of information.

Findings

On the one hand, this study identifies various factors and related issues that make the performance of the Ombudsman institution difficult and problematic in the Commonwealth Caribbean; and, on the other, it also identifies some remedial measures for effectively dealing with these problems. Although the Ombudsman office has a number of inadequacies, it plays a fairly useful role in protecting and promoting human rights, in redressing grievances especially of the “small” people, and thus in contributing to good governance, transparency and democratic values.

Research limitations/implications

There is considerable dearth of literature on this institution in the Caribbean. This study, at least partially, fills the gap.

Practical implications

The adoption of the remedial measures identified will improve the performance and the effectiveness of this institution in varying degrees. These measures/recommendations will also facilitate the reform efforts of the policy makers who will find them useful.

Originality/value

The paper, based on original research, makes a significant contribution to the understanding of the Ombudsman institution.

Details

International Journal of Public Sector Management, vol. 23 no. 3
Type: Research Article
ISSN: 0951-3558

Keywords

Article
Publication date: 15 May 2007

Walter Merricks

The Financial Ombudsman Service is a statutory body offering a dispute resolution service to consumers and firms. The purpose of this paper is to outline the service as an…

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Abstract

Purpose

The Financial Ombudsman Service is a statutory body offering a dispute resolution service to consumers and firms. The purpose of this paper is to outline the service as an alternative to the civil courts.

Design/methodology/approach

The paper compares the style, objectives and operation of the service with those of civil court proceedings.

Findings

The Financial Ombudsman Service has developed a very different model from that of the civil courts and is the preferred alternative for most retail consumers of financial services.

Originality/value

The comparison in style, process, institutional systems and legal approach may offer observers food for thought about potential developments in the civil courts themselves.

Details

Journal of Financial Regulation and Compliance, vol. 15 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

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