Models of Ombudsman and Human Rights Protection

Abstract

There is a worldwide trend of establishing the office of ombudsman at sub-national, national, and supra-national levels with general or specialized jurisdictions. Since the first establishment of the modern form of ombudsman, the jurisdiction and powers of ombudsman are ever evolving. One major development is to extend its jurisdiction from purely supervision over maladministration by public authorities to human rights infringement committed by public authorities or even private bodies. The aim of this article is to examine the different models that have been adopted by ombudsmen in different countries in protecting human rights. The human rights situation in a particular jurisdiction, the historical, political, constitutional and cultural environments of the jurisdiction, the institutional design of the ombudsman as well as the self-consciousness and self-perception of the ombudsman will all determine the degree of intensity of human rights issues that the ombudsman will have to encounter and is willing to handle. Six models are identified reflecting the varying degree of involvement by the ombudsman in human rights protection.