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This article examines the role of ombudsman in the cosntitutional system, its mandate and proliferation in countries of so-called "old" democracy and "fragile" democracy. Many challenges should be discussed: how to adopt the model of ombudsman institution, strengthen the institution and enhance the level of protection and promotion of human rights, how to guarantee idependence, impartiality and repoect for decisions of recommendable manner. The so-called "classical" ombudsman institutions mandates diverged, they are being given aditional powers of different scope with respect of human rights. The changing face of ombudsman institution around the globe demonstrates that today it's not enough to guarantee good public administration, but respect of human rights. The ombudsman office is a paradox, being both powerful and powerless at the same time because, on one hand, he or she has extensive powers to investigate, to subpoena and examine witnesses and documents, to visit a site or office, and to determine whether a complaint is justified, but on the other hand, as noted earlier, he or she does not have the power to make any public agency or official to accept his or her recommendation. However, the success of the classical ombudsman depends to a great extent on the support of the legislature that is supposed to debate the annual and special reports of the ombudsman and act on them.29 In the fragile democracy the ombudsman is obligated to explain reasoning or legality of his decision. ; Straipsnyje analizuojama ombudsmeno institucijos reikšmė konstitucinėje sistemoje, šios institucijos paskirtis, prigimtis ir transformacija per pastaruosius du šimtmečius tiek senosios demokratijos šalyse, tiek ir naujai demokratijos keliu žengiančiose šalyse. Kiekviena valstybė, pasirinkdama ombudsmeno ar žmogaus teisių institucijos modelį, sprendžia daug klausimų: kaip užtikrinti ir išsaugoti nepriklausomos institucijos statusą, pagarbą jos rekomendacinio pobūdžio sprendimams, kokias mandato ribas nustatyti, kad principas "valdžios įstaigos tarnauja žmonėms" būtų iš tikrųjų įgyvendintas, kad būtų gerbiamos žmogaus teisės, užtikrinta teisės viršenybė, valdžios institucijų atskaitingumas ir administravimo skaidrumas. Net ir tradicinės "klasikinės" ombudsmeno institucijos išgyvena tam tikrą evoliuciją, šiandien iš jų tikimasi apginti ne tik nuo galimo viešojo administravimo biurokratizmo ir piktnaudžiavimo, bet realiai garantuoti pagarbą žmogaus teisėms ir laisvėms. Ši institucinė evoliucija vyksta konstitucinėmis reformomis, institucinėmis pertvarkomis arba įstatymu nustatomomis papildomomis funkcijomis. Paradoksalu, bet ombudsmenas gali būti labai galingas ir taip pat visiškai be galios, atskaitingas Parlamentui, bet ir turintis visišką nepriklausomumą įgyvendindamas savo funkcijas.1 Iš vienos pusės, ombudsmenas, atlikdamas tyrimą, gali išsireikalauti visus reikalingus dokumentus, įeiti į bet kurias patalpas, įskaitant ir uždaro tipo institucijų, tačiau iš kitos pusės, jo priimtas sprendimas yra rekomendacinio pobūdžio, tad trapios demokratijos sąlygomis ombudsmenui tenka įrodinėti savo sprendimo teisėtumą, pagrįstumą.

The ombudsman tradition originated in Sweden in 1809 and spread throughout the world in less than two hundred years. The progress of development of independent human rights institutions in the 20th century was remarkable. Since 1981, when the institution of Ombudsman for Children was established in Norway, more than 200 institutions have been created and exist today. They are of different forms, but share the same role: to ensure that governments and other state institutions, public and private bodies implement the Convention on the Rights of the Child. The Ombudsman (ombudsperson) is the key player in promoting and protecting children's rights and best interests. The main task of ombudsman institutions is to close the gap between the rights rhetoric and the realities of children's lives, ensuring that rights are translated into law, policy and practice. The author analyses the Norwegian model of a specialised ombudsman institution, as this model was influential in western European countries and Nordic countries with democratic governance and strong individual human rights traditions. On the other hand, the author examines the advantages and disadvantages of an inclusive model, which was chosen by some eastern European countries, often in the context of democratic transition and usually integrated in general (parliamentary) ombudsman institutions or human rights bodies. Bearing in mind that the integration of children's rights issues into a broad-based human rights institution may face particular challenges, the author concludes that every country must establish an effective independent institution for promoting and protecting children's rights and best interests.

The ombudsman tradition originated in Sweden in 1809 and spread throughout the world in less than two hundred years. The progress of development of independent human rights institutions in the 20th century was remarkable. Since 1981, when the institution of Ombudsman for Children was established in Norway, more than 200 institutions have been created and exist today. They are of different forms, but share the same role: to ensure that governments and other state institutions, public and private bodies implement the Convention on the Rights of the Child. The Ombudsman (ombudsperson) is the key player in promoting and protecting children's rights and best interests. The main task of ombudsman institutions is to close the gap between the rights rhetoric and the realities of children's lives, ensuring that rights are translated into law, policy and practice. The author analyses the Norwegian model of a specialised ombudsman institution, as this model was influential in western European countries and Nordic countries with democratic governance and strong individual human rights traditions. On the other hand, the author examines the advantages and disadvantages of an inclusive model, which was chosen by some eastern European countries, often in the context of democratic transition and usually integrated in general (parliamentary) ombudsman institutions or human rights bodies. Bearing in mind that the integration of children's rights issues into a broad-based human rights institution may face particular challenges, the author concludes that every country must establish an effective independent institution for promoting and protecting children's rights and best interests.

Intro -- Preface -- Preface from the Editors -- List of Abbreviations -- Table of Contents -- Part One: The Legal Structures of Ombudsman and Similar Public Institutions in Asia - Legal Comparative Analysis -- Chapter I: Introduction -- 1. Significance and Historical Development of the Ombudsman Concept in Asia -- 2. Description of Research Focus -- 3. Subject of the Study -- a. Geographical Scope -- b. Types of Institutions Analyzed -- Chapter II: Institutional Structure -- 1. Organization and Legal Status -- a. Legal Basis -- b. Appointment of the Head of the Institution -- c. Qualification Requirements -- d. Term of Office -- e. Removal Procedure -- f. Salaries and Budget -- g. Staff -- 2. Investigation -- a. Initiation of Investigations -- b. Requirements and Other Matters Regarding Individual Complaints -- c. Requirements of Investigations Ex Officio -- 3. Object of Supervision -- a. Preface -- b. Exemptions -- 4. Standard of Supervision -- a. Laws/Legal Rules -- b. Good Administration -- c. Human Rights -- Chapter III: Relationship with the Administration, Legislature and Judiciary -- 1. Relationship with the Administration -- a. General Relationship with the Administration -- b. Investigative Powers vis-à-vis and Reports to the Administration -- c. Independence -- d. Disciplinary Proceedings -- e. Private Legal Entities -- 2. Relationship with the Legislature -- a. Involvement in the Appointment and Removal of the Head of the Institution -- b. Reports -- c. Legislative Proposals -- d. Investigative Powers -- 3. Relationship with the Judiciary -- a. Involvement in the Appointment and Removal of the Head of the Institution -- b. Investigative Powers -- c. Initiation of Legal Proceedings -- d. Judicial Review of the Conduct of the Institution -- Chapter IV: Powers of the Institutions -- 1. Preface -- 2. Investigatory Powers of the Institution.

Many countries use mechanisms to prevent foreign investor disputes while improving regulatory aspects and institutional governance to attract and retain FDI. This Perspective focuses on investment ombudspersons, who facilitate between investors and agencies at various levels of government, exploring the Brazilian experience and efforts to improve the country's investment climate.

Many countries use mechanisms to prevent foreign investor disputes while improving regulatory aspects and institutional governance to attract and retain FDI. This Perspective focuses on investment ombudspersons, who facilitate between investors and agencies at various levels of government, exploring the Brazilian experience and efforts to improve the country's investment climate.

This anthology brings together a selection of writings by ombudsman experts that explore various aspects of the contemporary public sector ombudsman. Originally published in International Ombudsman Institute publications, these articles illustrate the diversity of ombudsman offices around the world and underscore the elements and issues that are important to all ombudsman institutions. From its Scandinavian roots, the ombudsman model has been established worldwide and at all levels of government as a mechanism to monitor and improve government administration. The model has seen renewed interest in the past decade in democratizing countries which are reforming their governmental institutions, such as in Latin America, Central and East Europe, Africa and the Asia Pacific region. This anthology explores the essential elements of the public sector ombudsman and the emerging mandates of the ombudsman institution both in established and consolidating democracies. In particular, the role of the ombudsman in human rights protection is scrutinized from a variety of perspectives. The anthology also includes critical analyses of the extent of the jurisdiction of the public sector ombudsman, focusing on matters such as the relationship of the ombudsman with administrative tribunals and the courts. Issues surrounding the ombudsman process of investigation, recommendation and reporting are highlighted - such as administrative fairness in the ombudsman process, special investigations, public education about the office and media relations

The International Ombudsman Yearbook is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The International Ombudsman Yearbook contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in the institution. Compiled and edited by the International Ombudsman Institute, the organisation composed of over 130 ombudsman members located worldwide, the Yearbook will be of interest to lawyers, scholars, ombudsman office personnel, and government entities wherever ombudsman offices are located or contemplated. The International Ombudsman Institute is a non-profit organisation whose objects include promotion of the concept of ombudsmanship, encouragement and support of research in the ombudsman field, development of educational programmes associated with ombudsmanship conferences, and provision of a resource centre for storage and dissemination of information about the ombudsman institution

The International Ombudsman Yearbook is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The International Ombudsman Yearbook contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in the institution. Compiled and edited by the International Ombudsman Institute, the organisation composed of over 130 ombudsman members located worldwide, the Yearbook will be of interest to lawyers, scholars, ombudsman office personnel, and government entities wherever ombudsman offices are located or contemplated. The International Ombudsman Institute is a non-profit organisation whose objects include promotion of the concept of ombudsmanship, encouragement and support of research in the ombudsman field, development of educational programmes associated with ombudsmanship conferences, and provision of a resource centre for storage and dissemination of information about the ombudsman institution