Ombudsman as human rights defender
🛡️ The Ombudsman as a Human Rights Defender
🔷 1. What Is an Ombudsman?
An Ombudsman is an independent and impartial public authority appointed to supervise the legality of actions taken by public officials, administrative bodies, and occasionally private actors affecting public interest.
In Finland, the Ombudsman has constitutional status and plays a vital role in protecting fundamental and human rights.
🔷 2. Legal Framework in Finland
🧾 The Finnish Constitution (1999)
Section 38 – Parliamentary Ombudsman
Appointed by Parliament.
Supervises legality of actions by authorities.
Ensures that fundamental rights and international human rights obligations are respected.
🧾 Parliamentary Ombudsman Act (1970/197)
Grants investigative powers.
Enables inspections of prisons, psychiatric institutions, police, and other bodies.
Allows receipt of complaints from citizens.
Can initiate investigations suo motu (on their own initiative).
🧾 International Role
Functions as National Preventive Mechanism (NPM) under the UN Optional Protocol to the Convention against Torture (OPCAT).
🔍 Key Functions of the Ombudsman in Human Rights Protection
Investigating complaints about human rights violations by public authorities.
Conducting inspections (e.g., prisons, detention centers, psychiatric hospitals).
Monitoring vulnerable groups, such as children, elderly, asylum seekers, and prisoners.
Issuing recommendations, special reports, or proposals for legal reform.
Ensuring compliance with EU and international human rights norms.
📚 Key Finnish Case Examples Involving the Ombudsman
1. Ombudsman Investigation – Police Use of Force (EOAK/2764/2017)
Facts:
A citizen complained that police used excessive force during an arrest, including unnecessary handcuffing and physical restraint.
Ombudsman’s Findings:
Found the use of force disproportionate to the situation.
Ruled that the police violated human dignity and the right to personal integrity under Section 7 of the Finnish Constitution and Article 3 of the ECHR (prohibition of inhuman or degrading treatment).
Recommended changes to police training and internal guidelines.
Importance:
Demonstrated Ombudsman’s human rights watchdog role.
Promoted police accountability and procedural reforms.
2. Inspection Report – Conditions in Immigration Detention (EOAK/5689/2019)
Facts:
The Ombudsman inspected a detention center for foreigners, where asylum seekers and undocumented migrants were held.
Findings:
Identified violations such as lack of access to legal aid, inadequate healthcare, and excessive restrictions on freedom of movement.
Found breaches of the Aliens Act, EU directives, and ECHR standards.
Recommended immediate improvements and follow-up monitoring.
Importance:
Showed Ombudsman’s NPM role under OPCAT.
Focused on the rights of marginalized groups in administrative detention.
3. Case Concerning Children in Institutional Care (EOAK/1244/2020)
Facts:
A child was placed in a youth care facility and subjected to restrictions on communication and frequent solitary confinement.
Findings:
Ombudsman found the restrictions unlawful and excessive.
Emphasized that children in care retain full human rights.
Cited violation of the UN Convention on the Rights of the Child (CRC).
Importance:
Reinforced child protection as a core human rights concern.
Led to changes in national guidelines on child welfare institutions.
4. Ombudsman Review – Elderly Care and COVID-19 (EOAK/2784/2020)
Facts:
During the pandemic, several elderly care homes imposed blanket bans on visits, causing emotional distress to residents.
Findings:
Found that the restrictions lacked legal basis and were disproportionate.
Stressed the importance of balancing health measures with fundamental rights (family life, dignity).
Recommended clear regulations and individualized assessments.
Importance:
Protected the rights of vulnerable elderly persons during public health emergencies.
Strengthened the rule of law during crises.
5. EOAK/1443/2015 – Prison Conditions and Overcrowding
Facts:
Ombudsman investigated overcrowding and poor hygiene conditions in a prison.
Findings:
Highlighted conditions violating Article 3 of the ECHR (prohibition of degrading treatment).
Recommended improvements to cell size, sanitation, and access to healthcare.
Raised the issue in Parliament and with the Ministry of Justice.
Importance:
Illustrated Ombudsman’s preventive human rights function.
Promoted systemic reform in prison administration.
6. EOAK/4576/2018 – Use of Mechanical Restraints in Psychiatry
Facts:
Complaint filed regarding prolonged use of mechanical restraints (belt restraints) in a psychiatric hospital.
Findings:
Determined the practice to be disproportionate and harmful.
Cited international standards (ECHR, UNCRPD).
Ordered training and revised guidelines for psychiatric staff.
Importance:
Defended rights of persons with mental health conditions.
Affirmed least-restrictive principle in care settings.
✅ Summary of Principles from Case Law
| Human Rights Area | Ombudsman’s Role |
|---|---|
| Police accountability | Investigates excessive force, ensures proportionality and dignity |
| Immigration detention | Monitors detention conditions and access to rights for asylum seekers |
| Child protection | Ensures legality of care placements and discipline in youth welfare facilities |
| Elder care and health crises | Balances public health with individual rights, especially in emergencies |
| Prisoner rights | Inspects detention conditions, ensures humane treatment and health care |
| Psychiatric care | Prevents excessive restraints, promotes least-restrictive care models |
🧭 Final Remarks: Ombudsman as a Human Rights Defender
In Finland, the Ombudsman is more than a legal reviewer—they are a guardian of fundamental rights.
Their independent status, broad investigatory powers, and direct access to Parliament make them a powerful advocate for:
Rule of law
Transparency
Accountability
Vulnerable populations
They act preventively (inspections), correctively (recommendations), and normatively (proposing legal changes), making them a central pillar of Finland’s human rights system.
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