Office Of Ombudsman Research Articles

CONTACT: AN ONLINE COACHING TOOL TO EMPOWER CARE PARTNERS TO FACILITATE CONVERSATIONS IN NURSING HOMES

Abstract In the post COVID-19 context, nursing homes struggle with staffing. The role of care partners (CPs; relative, friend) has never been more crucial, including the need to advocate for persons living with dementia (PLWD) and being an integral part of the care team. The online CONversaTion cAre Coaching Tool (CONTACT) empowers CPs of PLWD prepare for conversations that may include communicating what matters to the PLWD, need for a different type of care, or treatment decisions. We engaged CPs to complete and provide feedback on CONTACT, which includes four sections: 1) education about nursing homes to clarify key terms/processes 2) guidance on goal setting to identify what is important; 3) creation of action plan to achieve the goal; and 4) reflection on the impact of achieving the goal. CPs (n=8) completed a survey about using the tool (acceptability (4 items), appropriateness (4 items), feasibility (4 items); scale of 1=strongly disagree to 5=strongly agree), and participated in a focus group to discuss the tool’s content and function. CPs favorably rated the tool. Mean ratings for acceptability ranged from 4.13 – 4.25, appropriateness 3.88 – 4.43, and feasibility 4.13 – 4.57. CPs reported that the tool was clear, simple, logically organized, informative, and it provided direction for starting a conversation. They liked the definitions of terms, large response buttons and that instructions were provided via video and in writing. Recommendations included additional videos depicting conversation prompts and scenarios, and utilizing community-based programs such as the Ombudsman office to disseminate CONTACT.

Corruption as a crucial factor of human rights' violations

Corruption is a negative phenomenon present in several spheres of social life of the Republic of Moldova. Accor-ding to the statistical data presented by the National Anticorruption Center, the most affected areas include the activity of law enforcement bodies, central and local public bodies, as well as the sphere of education and public health. The systematic presence of acts of corruption directly affects respect for fundamental human rights, such as free access to justice, the right to health protection and the right to education. In this study we analyze the status of the subjects, who commit acts of corruption, the institution, in which this phenomenon is present, the citizens’ perception of the impact of acts of corruption on the respect for human rights. The purpose of the research is to establish the impact of the corruption on the respect for human rights in the Republic of Moldova, by analyzing the statistical data presented by the National Anticorruption Center, the Ombudsman Office, and the NGO.

CONSTITUTIONAL AND LEGAL STATUS OF THE PARLIAMENTARY OMBUDSMAN FOR ADMINISTRATION IN NORWAY

The purpose of the research. A parliamentary ombudsman which exists in the constitutional mechanism of many modern states performs two main functions: to exercise control over the legality of the activities of the public administration and to consider individual complaints related to the violation of human rights and freedoms. The office of parliamentary ombudsman for administration (civil ombudsman) was founded in Norway in 1962, ten years after the foundation of the position of the military ombudsman. The present article is devoted to the analysis of the legal status of the Norwegian parliamentary civil ombudsman, the procedure for appointing, the functions and powers of the civil ombudsman, the procedure for considering of the incoming complaints. The authors pay special attention to such element of the status of the parliamentary civil ombudsman as a national preventive mechanism. The article was written on the basis of an analysis of the new Act on the Parliamentary Ombudsman for Control of Administration dd. June 18, 2021, which introduced a number of changes to the status and procedure for exercising powers by the civil ombudsman. The results: The new Act changes the title of the position. Now it is officially referred to as the parliamentary ombudsman for control of the administration. The word "control" which appeared in the title of the position emphasizes the strengthening of the protective function of the Norwegian civil ombudsman, as well as the expansion of his/her powers to supervise the activities of public bodies and officials. The current legislation simultaneously considers the parliamentary civil ombudsman as a national preventive mechanism, which is entitled to issue recommendations in order to improve the treatment and conditions of detention of persons deprived of their liberty, as well as to prevent torture and other cruel, inhuman or degrading treatment or punishment. Despite the rather broad powers of the Norwegian parliamentary civil ombudsman, unlike the parliamentary ombudsmen of some other countries, he/she does not have the legally enshrined right to initiate changes to the current legislation to fill in the gaps or improve it in order to more fully regulate the mechanisms for protecting the human rights and freedoms. The analysis of statistical data indicates a trend towards an increase in the number of applications to the parliamentary civil ombudsman in recent years. This fact shows not only an increase in cases of violations of human rights by the authorities and officials during the COVID-19 pandemic, but also, in general, an increase citizens’ confidence in this national mechanism for protecting fundamental human rights an freedoms. The adoption of the new Act also reflects the desire of the Norwegian members of parliament to improve the model of the civil ombudsman in order to ensure its efficiency.

The systematic treatment of the problem of implementing administrative provisions in light of the issuance of the Administrative Execution Law for the year 1443 AH IN SAUDI ARABIA

This research addresses the implementation of administrative judgments and is therefore of the utmost importance to the extent to which the Administration respects judgments that possess the force of the judgment. This is a manifestation of the rule of law and institutions. It is a measure of States' classification. The aim of this research is to know how administrative judgments are enforced, especially those against the administration, and what mechanisms have been put in place by the Saudi organization to deal with the phenomenon of refraining from executing administrative judgments. The adequacy of the safeguards and means adopted by the implementation system before the courts of the Ombudsman's Office in order to compel the Administration and the Public Officer to implement in case of unjustified failure to implement.

Análise de experiência da Ouvidoria SUS Bahia

ABSTRACT The article reports the experience of the SUS/Bahia Ombudsman office from its implementation until mid-2021 through the analysis of the developed work. It also describes the role played by the Ombudsman in the struggle to guarantee the right to health, demonstrating its advances and challenges in the State of Bahia, as an ombudsman of the Unified Health System. It is structured in three phases, which intend to describe its performance in a clear and objective way. Its specificity is highlighted as a public health agency supported by the SUS legislation, envisioning decentralization throughout the State of Bahia, with the objective of expanding citizen participation and, consequently, access to their right to healthcare. The first phase discusses the implementation and formation of the SUS Bahia Ombudsman Offices Network and its articulation with the State General Ombudsman’s Office. The second focuses on structuring the service and expanding the Network. The third describes the qualification of SUS ombudsmen with emphasis on the service decentralization through the implementation in the Municipal Health Secretariats in the State of Bahia.

SEXUAL HARASSMENT IN THE WORKPLACE: A PROPORTIONAL EXAMINATION OF RELEVANT LEGISLATION, WITH COMPARISONS TO TWO MAJOR ASIAN COUNTRIES: INDIA AND PAKISTAN

Pakistan and India consider sexual harassment a negation of basic rights. Both countries have ratified the CEDAW and their relevant laws on sexual harassment are aligned with the 19th ILO recommendation. Both Pakistani and Indian laws rely on committees to investigate allegations of workplace harassment and formulated strategies along with principles to deal with sexual harassment at the workplace. The Pakistani formulation of committee, legal structure, and relief clauses varies from that of Indian law. Indian law empowers inquiry committees with the supremacies of a civil court. However, Pakistani law has a distinct institution, i.e., the Office of Ombudsman, imbedded with the authority of both a civil and a high court. The Inquiry Committee does not have the powers of a civil court to exclusively determine the issue at hand. The Inquiry committee works under the laws and regulations of the department concerned. Furthermore, Indian law is silent on the imposition of a penalty, as opposed to Pakistani harassment law. Rights of appeal are guaranteed under Pakistani law, while the India Act, 2013 is silent on provisions of forums. Keeping in view studies related to harassment laws, one can say that Inquiry Committees would defeat the very purpose of the Acts of both countries. Initial inquiries by inquiry committees are mostly tainted with injustice. Implementation entails conceptual clarification, indulgent consideration, and construction of the laws by the panel of the Inquiry Committee, mostly not proficient in law. Members on panels of inquiry committees’ effect pro and cons in controversy. This partiality at their end is not addressed under both Acts, hence necessitated reforms in the enacted laws of both states. Keywords Harassment at workplace Acts, Asian Countries, Redressal, Inquiry Committees, Legal actions and Legal articles

Zadania i zasady działania Rzecznika Finansowego w świetle prac parlamentarnych nad Ustawą z dnia 5 sierpnia 2015 roku o rozpatrywaniu reklamacji przez podmioty rynku finansowego i o Rzeczniku Finansowym

The high level of complexity of financial services means that the need to protect the interests of clients of financial market entities is an important social issue. The disproportion in the level of knowledge of products available on the financial market between professionals and their clients and the lack of standardization of detailed rules for examining complaints by financial market entities were the basis for establishing the Office of the Financial Ombudsman. The aim of the study is to present and evaluate the legislative process accompanying the adoption of the Act of August 5, 2015 and to express a position on the legitimacy of establishing and functioning of the Financial Ombudsman institution in the Polish legal system. To achieve the assumed goal, the method of analyzing parliamentary documents was used, illustrating the complexity and detailed nature of parliamentary work aimed at the comprehensive formation of an institution guarding the interests of clients of financial market entities.

Institute of ombudsman in the mechanism of personal rights protection: national and foreign aspects

Introduction. It is established that the fundamental task of any democratic and legal state is to ensure and protect legal human rights and freedoms and the additional formation and implementation of effective guarantees of adequate protection, the creation of an effective human rights system. One of the elements of this system is the institution of the ombudsman. As an object of the European legal tradition, the institution of ombudsman has gradually become established in Eastern Europe, including Ukraine. The purpose of the paper is analysis and determination of the peculiarities of the ombudsman institution at the national and foreign level. Result. Emphasis is placed on the key historical preconditions for the emergence of the ombudsman institution and trends in the further general spread of this structure. An exhaustive definition of the term “ombudsman” is defined and the most characteristic features and features of the institute are characterized, through the prism of national and foreign point of view. Some types and forms of the ombudsman institution are indicated and the set of rights and powers of the respective official is established, depending on the country of the world. In addition, the article describes the requirements for candidates for the position of ombudsman. Emphasis is placed on the importance of such an institution as specialized ombudsmen. The comments and recommendations of qualified scientists on improving the functioning of the ombudsman institution in the domestic realities are analyzed. The forms of response of the Verkhovna Rada Ombudsman for Human Rights were emphasized, in particular, the constitutional submissions of the Ombudsman and the submissions of the Ombudsman. Such a special form of activity of the Ombudsman is described as annual and special reports, which are quite important. Statistics on the effectiveness of the Verkhovna Rada Ombudsman for Human Rights and indicators of implementation of the Ombudsman's Office's recommendations by public authorities are presented. Conclusion. The system of the Commissioner is a litmus test that indicates the level of development of a democratic society and the state, which is determined by the full provision and realization of their rights by the individual and the normative enshrinement of various guarantees for protection of these rights by the state. However, in the domestic reality there is a need to modernize the ombudsman institution for its more efficient functioning.

Categorizing and Rating Patient Complaints: An Innovative Approach to Improve Patient Experience.

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.

Complaint Handling Systems In The Public Sector: A Comparative Analysis Between Indonesia and Australia

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.

A OUVIDORIA E SUA CONTRIBUIÇÃO NA SAÚDE SUPLEMENTAR

Uma das mais relevantes inovações que precisamos experimentar é a capacidade de realizar uma comunicação eficiente entre cidadãos/consumidores e as organizações contemporâneas e assim mitigar conflitos. As reflexões sobre a função das Ouvidorias podem representar uma oportunidade para se construir uma linha evolutiva nesta comunicação em busca de relações de consumo de melhor qualidade, respeitando direitos e contribuindo como ferramenta de gestão. Especialmente na saúde suplementar há desafios a serem superados para que as Ouvidorias gozem de maior efetividade na execução de políticas públicas, mas sua atuação pode reforçar um canal de participação, de comunicação e de mediação num processo democrático, tendo como consequência a valorização da cidadania. Com o intuito de contribuir para o debate teórico, o propósito deste projeto foi analisar o processo de construção e atuação das Ouvidorias na saúde suplementar que teve sua exigibilidade a partir da Resolução Normativa-RN 323/13 da Agência Nacional de Saúde Suplementar-ANS, e entender os desafios, potencialidades e limitações para que as Ouvidorias adquirissem maior relevância para planos privados de assistência à saúde. A partir de análises da literatura, documentos, relatórios e entrevistas qualitativas com representantes da sociedade civil, da ANS, além de Ouvidores que atuam na saúde suplementar, compreendemos que a Ouvidoria conceitualmente teria o papel institucional de representar o cidadão/consumidor e procurar ajustar interesses divergentes na busca da redução dos conflitos. Entretanto apesar dos avanços trazidos pela Legislação, na prática o cidadão/consumidor parece não se sentir representado pela Ouvidoria e ainda recorre com frequência a outros canais de representatividade como o Judiciário, ANS ou entidades de defesa do consumidor no momento em que precisa se manifestar. Há um ambiente propenso ao conflito na saúde suplementar no Brasil que vem sensibilizando o Judiciário, Ministério Público, operadoras de saúde, associações representativas do setor privado na área da saúde, ANS e pesquisadores. Esses conflitos têm as mais diferentes motivações por parte dos cidadãos/consumidores: autorização de procedimentos, exames de alto custo, internações, reajustes de preços de mensalidades entre outros. As pesquisas demonstraram também que as Ouvidorias são tidas como boas interlocutoras junto às entidades de defesa do consumidor, mas encontram dificuldades em evidenciar e prevenir conflitos dentro das próprias operadoras de saúde da qual fazem parte. Ao final este projeto oferece como produto, um conjunto de recomendações pensadas para as operadoras de saúde e ANS na busca de boas práticas para um melhor atendimento à sociedade civil, resultado de uma diretriz baseada em pesquisa, vivência e conhecimento do tema proposto no que diz respeito às Ouvidorias e a saúde suplementar.
 Acesso trabalho na íntegra : https://bibliotecadigital.fgv.br/dspace/handle/10438/29111

Human rights begin with the rights of the child

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.

Maladministration: the Particular Jurisdiction of the Ombudsman

The office of the ombudsman is much misunderstood. Is it better viewed as part of the executive or the judiciary? Is it a fragile institution, unprotected with security of tenure? Is it a ‘toothless tiger’? The one constant in the face of such inquiries is that ombudsmen don’t seem to care, or at least carry on with great effectiveness as though they don’t. I would argue in any case that such queries are beside the point and that the one thing that must be understood about the ombudsman is that it is an office with a particular purpose.

Conflictos Sociales y el desarrollo económico en el contexto de la región de Huánuco

En el contexto de la región Huánuco se visualizó problemáticas que surgieron como causa de la explotación de los recursos que el gobierno concesionó para obtener fondos que permitieron las inversiones públicas. La sociedad, el Estado y las empresas privadas defendieron sus intereses, las que muchas veces resultaron contradictorias, y trajeron como consecuencia actos de violencia. Por lo descrito, esta indagación tuvo como objetivo: Determinar la influencia de los conflictos sociales en el desarrollo económico de la Región Huánuco en el país denominado Perú 2019. Para concretar los objetivos, se desarrolló una investigación que se basa en el paradigma interpretativo, cuyo enfoque fue cualitativa, de diseño investigación- acción; elaborada con apoyo de 6 participantes: 1 Representante de la Cámara de Comercio e Industrias de Huánuco, 1 Representante de la Defensoría del Pueblo de la ciudad de Huánuco, 1 representante de la Presidencia del Consejo de Ministros, 1 economista, 1 sociólogo experto en resolución de conflictos y 1 ciudadano de la Región de Huánuco.
 
 Los resultados fueron determinados mediante un banco de trabajo llamado ATLAS TI .8, donde se interpretaron los resultados obtenidos con respecto a los conflictos sociales y el desarrollo económico de la región Huánuco, se denotó que existió una estrechamente vinculación. Esto explicó que los conflictos sociales más comunes tienen consecuencias directas el desarrollo económico, en el crecimiento del canon minero, en la agricultura, entre otros.
 
 Se concluyó que la toma de decisiones y el apego de cuidar el interés público y/o privados de la apropiación de los recursos, el uso del agua, el aire, los bosques protegidos y los suelos son frecuentes y serios; debido a que fueron multicausales y repercuten directamente en el desarrollo económico de la región.
 
 Palabras Claves: Conflicto social, conflicto económico, inversión privada, inversión pública.

A Typology of Institutional Logics for Public Accountability Organizations in Zambia

ABSTRACT This article presents a new typology of institutional logics that is useful for studying public accountability organizations in Zambia. The typology was developed by following the adaptive theory approach introduced by Derek Layder and is based on extant literature as well as on new empirical data from three public accountability organizations in Zambia, the Office of Auditor General, the Anti-Corruption Commission, and the national ombudsman office. The model consists of four types of logics: a kinship logic, which is informal and based on gift-giving and mutual obligation; a bureaucratic logic, which is based on hierarchical division of labour in a stable environment; a development management logic, based on private sector approaches to development; and a professionalism logic based on membership in a professional field. The new typology broadens the scope of the institutional logics perspective to include the Global South as well as to include informal aspects of public accountability organizations and the political power struggles that tend to surround them.

Origin of the European Ombudsman

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.

Awareness and Importance of the Role of the Office of the Ombudsman in Selected Institutions in Zambia

Awareness and Importance of the Role of the Office of the Ombudsman in Selected Institutions in Zambia

Social Impact Assessment in La Oroya, Peru Applying the Grey Clustering Method

The social conflict presented in the city of La Oroya, of a national government issue type, is considered by the Ombudsman's Office as a latent social conflict during the month of April 2019; therefore, analyses, agreements, meetings and dialogue tables are presented, which allow subjective evaluations of the problematic reality, complicating the correct decision making. For which, the application of the Grey Clustering method is proposed to quantify the social impact presented in the city of La Oroya; the surveys were conducted on Sunday, June 2, 2019, containing 08 questions (same number of criteria to evaluate) that were answered by 20 settlers, such answers were evaluated with the Grey Clustering method obtaining as a result that the social impact in the city of La Oroya is of normal level.

Financial Ombudsman: Towards an Effective Customers Rights` Protection in Ukraine

This article explores the prerequisites and prospects for introducing the Financial Ombudsman Office in Ukraine as an institute for alternative (extrajudicial) resolution of disputes between consumers and financial service providers. Particular attention is paid to the analysis of the draft law on the establishment of the Financial Ombudsman in Ukraine. Considering the existing mechanisms of alternative dispute resolution in Ukraine and the possibility of their application to the issues of financial services consumers’ rights protection, the historical retrospective of the establishment of the Financial Ombudsman institute in Ukraine is considered. The author analyses the legal, institutional and theoretical prerequisites for the implementation of one of the Financial Ombudsman models operating in other countries. The focus is on the analysis of the compliance of the draft law on the establishment and operation of the institute with the principles set out in Directive 2013/11 on consumer ADR. At the same time, it is stated why one or another structure of the legal regulation of the establishment and activity of the Financial Ombudsman Office in Ukraine was chosen. The author, as one of the experts involved in the drafting of the law, concludes that, despite the compliance of the draft law with the European principles of the ABC, there is, unfortunately, no prospect of its adoption as a legal basis for setting up a Financial Ombudsman Office in Ukraine at the moment and in the coming year, and analyses the causes.

Ouvidoria e saúde

O texto objetiva apresentar a Ouvidoria na Saúde como um caminho possível à vulnerabilidade do indivíduo na busca de um atendimento mais humanizado, garantindo direitos sociais e, principalmente, a busca da cidadania. Sugere uma reflexão para a tendência mercadológica de transformar pessoas e a própria saúde em mercadoria. Neste caminho valores são ressignificados e o sujeito transformado em objeto de consumo. O referencial teórico adotado foi principalmente as análises do sociólogo e filósofo Zygmunt Bauman no livro Vida para Consumo.