Institute for the defense of human rights (ombudsman) in Canada

Abstract

The article examines the institution for the protection of human rights (ombudsman) operating in Canada, represented by a variety of bodies, officials, and the specifics of their powers. Particular attention is paid to the Canadian Human Rights Commission — a human rights state body within whose jurisdiction is exercised control over public administration and private companies at the federal level on discrimination issues, as well as the Canadian Human Rights Tribunal, which, according to the author, performs a quasi-judicial role in exercising jurisdictional control. The author comes to the conclusion about the formation of a two-stage mechanism that ensures more effective protection of human rights.The article thoroughly examines the legal and institutional features of the status and powers of human rights commissions and ombudsmen operating at the provincial and territorial levels. The study allowed the author to identify the following features of the institution for the protection of human rights (ombudsman) in Canada: the prevailing decentralization, which is expressed in the autonomy of the provinces and the Federation in the establishment and consolidation of the status of officials and bodies carrying out human rights activities; institutional plurality, characterized by a variety of structures (bodies, officials), the scope of their powers aimed at protecting human rights; development of specialization of state human rights institutions in various areas (discrimination, labor relations, housing and others); formation of a “local” model of the ombudsman in non-state corporations and institutions. The author proposes to use the experience of the Canadian Human Rights Tribunal when developing the concept of a human rights court in Russia.