Background

The history of the term "Ombudsman"
The term «Ombudsman» is a Scandinavian gift to the English language. It has its roots in the constitutional practice and the systems of government in the Nordic countries. The first justice ombudsman office was established as early as 1809 in Sweden in order to safeguard citizen's general and individual rights against the governmental misuse of power.

But it was after the Second World War that the institution of the ombudsman began to be adopted in other countries. It is characteristic that the Nordic word ombudsman has been retained in English and in other languages, as the system of such institutions has spread to other countries.

The first call for an Ombudsman
In Norway the call for an ombudsman for public administration was put forward in political circles shortly after World War II, partly against the background of the rapid developments in public administration and in the public sector as a whole.

In the period from the 1952 up to 1981, six state ombudsmen were established: Ombudsman for Defence (1952), Ombudsman for Conscientious Objectors (1956), Ombudsman for Public Administration (1962), Ombudsman for Consumer Affairs (1972), Ombudsman for Equal Status (1978), and the Ombudsman for Children (1981).

The three first were established as institutions subordinate to the Parliament(Storting) and the parliamentary organs. The last three are formally a part of state administration, but they have the freedom and authority to present their viewpoints on issues which are brought before the respective ombudsmen or those which the ombudsmen themselves wish to bring forward.

The work of the six ombudsmen, who were appointed to ensure that public administration in Norway follows laws and regulations and to advise companies and the general public regarding the rules and norms of our democratic society, must be considered as an extension of the judicial system itself.

Qualified, independent bodies, able to make pronouncements on concrete issues, on their assessment of what is correct and on where limits should be set constitute, in their way, an extended arm of the law, and also represent a democratic guarantee in an increasingly technological and more complex society.

The main working tools for the Ombudsman
The achievements of the ombudsmen have earned them the respect of the public and focused attention on important issues. The main working tools of the ombudsmen are statements, assessments and requests. They serve as independent, non-partisan agents, spokespersons, arbitrators or referees, ensuring that the ministries and others fulfil the legislative purpose by suggesting measures for improvement.

The power of the Ombudsman
The Ombudsmen have the power to investigate, criticise and publicise, but not to reverse administrative action or revoke administrative decisions. Some of them have a few coercive means at their disposal, giving them the right to intervene in individual cases and under certain conditions.

But the decisive factor in the overall highly positive results of the ombudsmen's work is that most people regard their decisions as fair, in the knowledge that they have been formulated by an important and impartial body.

The establisment of the Ombudsman for Children
The intention to establish an Ombudsman for Children in Norway can be traced back to 1969 when, Anders Bratholm, professor in law, proposed in his book «Minor Persons» an Ombudsman for Children in Norway.

The reason for this proposal was the fact that children constitute a large, but vulnerable group of persons, without any organisation or any other efficient voice to plead their case, such as most other groups have. The conclusion was that children and youth need an official ombudsman to speak for them. Later different committees proposed a Children's Ombudsman.

The Child Act Committee proposed an Ombudsman for children, but; only « to solve conflicts between children and parents and children and empolyers in institutions... and have the task to work more generally to promote children's rights» Against this background a proposal was made. Several debates took place in the Norwegian Parliament (Storting), and finally Act No 5 was passed in March 1981 with 46 against 41 votes.

Despite the resistance against the Ombudsman arrangement which was evidenced by a strongly political debate, there was no disagreement about children's fundamental situation and the need to strengthen children's rights. The understanding that children constituted a vulnerable and marginalized group in society was agreed upon.

The United Nations' International Year of the Children in 1979 was an important contributing factor to the establishment of an Ombudsman for Children in Norway. The discussions revealed the deficiencies and the needs in Norwegian child care. The Committee concluded that an independent agency, free to criticise both the authorities and private bodies was called for and proposed that an institution be created to safeguard children's interests.

The Ombudsman for Children Act was passed in Parliament March 1981 and Norway established the world's first Ombudsman for Children, coming to office 1 September 1981.

The Ombudsman for Children is appointed by the King for a four‑year period. The duties of the Ombudsman are to promote the interests of children vis-à-vis public and private authorities and to follow up the development of conditions under which children grow up.