The Ombudsman, Good Governance and the International Human Rights System (Progress in Automation and Information Systems)

This book explores the role of the classical ombudsman, the human rights ombudsman and other hybrid or specialized ombudsmen in good governance and human rights protection at the domestic and international levels of governance. Chapters cover the ombudsman as a horizontal and vertical accountability mechanism, the role of the ombudsman in promoting good governance, the methods by which both human rights and classical ombudsmen can use international and domestic human rights law and act to promote and protect human rights at the domestic level, the interactions between domestic ombudsman institutions and the UN and regional human rights systems in Europe, the Americas and Africa, the establishment of human rights ombudsmen in post-conflict peace-building processes in El Salvador, Guatemala, Bosnia and Herzegovina, Kosovo and East Timor, the ombudsman for children, the workplace ombudsman used by some international organizations, ombudsman-like mechanisms used by international financial organizations to increase external accountability, the EU's European Ombudsman, and the factors influencing the effectiveness of an ombudsman institution. Selected case studies of classical, human rights and other hybrid ombudsman institutions in the various regions of the world are provided throughout the book. This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness Front Matter....Pages i-x Introduction....Pages 1-24 Variations on the Ombudsman Concept....Pages 25-54 The Ombudsman: Democratic Accountability and Good Governance....Pages 55-80 The Ombudsman: Domestic Protection and Promotion of International Human Rights....Pages 81-123 The Ombudsman, Good Governance and Human Rights in Europe....Pages 125-169 The Ombudsman, Good Governance and Human Rights in Latin America and the Caribbean....Pages 171-213 The Ombudsman, Good Governance and Human Rights in Africa, Asia and the Pacific Region....Pages 215-252 Post-Conflict Peace-Building: Establishment of the Human Rights Ombudsman....Pages 253-287 The Ombudsman for Children: Human Rights Protection and Promotion....Pages 289-331 The Ombudsman in the International Organization System: Small Steps....Pages 333-366 The European Ombudsman: Good Governance, Human Rights and the European Union....Pages 367-391 Conclusion....Pages 393-411 Back Matter....Pages 413-431