Why an Ombudsman for children?

The Act no 5 and the instruction is the basis for an Ombudsman for Children as an independent, non-partisan, politically neutral institution lead by a personally- appointed ombudsman, who is formally under the jurisdiction of the Ministry of Children and Equality. Neither the Parliament Storting) nor the Government have the power to instruct the Ombudsman.

Even though the office of the Ombudsman receives its budget from the Ministry of Children and Equality, he/she has full freedom of speech, even if this entails criticism of the Ministry.

This formal independece on behalf of the children has been exercised on certain occasions, when different strategies have been used that oppose the Norwegian state's child policy.

Independence can, however, not only be exercised as far as choice of strategies is concerned, but also in relation to the fundamental view of children's interests in society and may be reflected in the selection of issues that the Ombudsman give priorities to in certain fields at different times, for instance; children in education, children and health, children and media and children in care.

The Ombudsman is regarded as an active participant complying with the UN Convention on the Rights of the Child (CRC) both on national and international levels.

Why focus on the human rights of children?
Human rights begin with children's rights. A society that respects the human rights of children, should, within a generation, become a society that respects all human rights. The protection and promotion of children's rights can be an effective entry point into the broader, and sometimes more threatening, arena of human rights. Governments, the media and the general public may be more open to discussing the rights of children than other, more politicised, human rights issues.

The near universal ratification of the Convention on the Rights of the Child plays an important role in this regard. Unfortunately, children often get lost in the political shuffle. Invisible in most societies, children have no vote, voice or avenues to demand their rights.

Their interests are rarely represented in political processes or decision making, and despite rhetoric to the contrary, children are not a high priority in policy making or in the allocation of budgetary and other resources. Children need a force that can magnify their voices, so that their views and interests are effectively represented to Government and broader society.

Therefore, special arrangements are needed to ensure the effective promotion and protection of children's rights. In countries which are seeking to develop a human rights culture overall, establishing an office focused on the human rights of children can be a logical start.

What is the strategic role of an ombudsman for children?

to promote full implementation of the Convention on the Rights of the Child;
to promote a higher priority for children and a higher visibility of children, in government and in civil society;
to improve public attitudes toward children;
to influence law, policy and practice, both by responding to government and other proposals and by actively proposing changes;
to promote proper co-ordination of government for children at all levels;
to promote effective use of resources for children;
to provide a channel for children's views, and to encourage government and the public to give proper respect to children's views;
to review children's access to, and the effectiveness of, advocacy and complaints systems, including in institutions, schools, and the courts;
to respond to individual problems or complaints from children, and where appropriate to initiate or support legal action on behalf of children.

What are some necessary characteristics of independent offices for children?

There should be a legislative framework setting out the mandate and powers of the office. If the office is within a national human rights institution, the legislation establishing the office should include provisions setting out specific functions, rights and duties relating to children. These should be linked to the Convention on the Rights of the Child.

There should be an identifiable "ombudsman" or representative for children, either within an independent office or as part of the national human rights institution. Ideally this should be someone who will bring status and public and political respect to the task, have a high public profile and so enhance the status and visibility of children.

This office should have appropriate staffing and a "ring-fenced" minimum budget, as well as be able to attract additional funds from other sources.

Main objectives:

Ensure that the Ombudsman's Office acts as a protector and spokesperson for all children.
Contribute to an increase in activities offered to vulnerable children and youngsters.
Ensure that there is a special focus on particular vulnerable groups of children (abused, sick, handicapped, etc.).
Ensure that the interests of all children are protected in accordance with the UN Convention on the Rights of the Child.