11

The Ombudsman for The Ombudsman for Human Rights in Perm KraiHuman Rights in Perm Krai

Tatyana MargolinaTatyana Margolina

22

Federal Constitutional Law Federal Constitutional Law 26.02.1997 N 1-26.02.1997 N 1-FKFKЗЗ

““On the Ombudsman for Human On the Ombudsman for Human Rights in the Russian Rights in the Russian

FederationFederation""

Sergei Sergei KovalevKovalev

Oleg MironovOleg Mironov Vladimir Vladimir LukinLukin

33

In 2008, Human Rights Ombudsmen were active in 49 regions of the Russian Federation

In 26 regions there are Ombudsmen for Children’s Rights

Krasnoyarsk Krai has an Ombudsman for the Rights of Indigenous Peoples

44Sergei MatveevSergei Matveev 2001-20042001-2004

In November 2000, the law In November 2000, the law “On the Ombudsman for “On the Ombudsman for Human Rights in Perm Human Rights in Perm Region” was passedRegion” was passed

Tatyana MargolinaTatyana Margolina 2005-20072005-2007

55

Tatyana Margolina: Tatyana Margolina: Ombudsman for Human Ombudsman for Human Rights in Perm Krai since Rights in Perm Krai since September 2007September 2007

Holds a Ph.D in Psychology

Professor at Perm State University

Work experience in in public service (Deputy Head of the city of Perm, Lieutenant Governor of Perm Region)

Recipient of Golden Badge of Honor for “Public Recognition”

Recipient of the Perm Krai Legal Club’s 2008 Award in the Category “Rights and the State”

Co-Chair of the Russian Federation Coordinating Council of Regional Human Rights Ombudsmen

66

Article 1. The Ombudsman for Human Rights in Article 1. The Ombudsman for Human Rights in Perm KraiPerm Krai

The Position of the Ombudsman for Human The Position of the Ombudsman for Human Rights in Perm Krai was established with Rights in Perm Krai was established with the goals of the goals of guaranteeing government guaranteeing government support for the constitutional rights and support for the constitutional rights and freedoms of citizensfreedoms of citizens and the observance and the observance and respect of those rights and freedoms and respect of those rights and freedoms by state and local self-governance bodiesby state and local self-governance bodies

The activities of the Ombudsman The activities of the Ombudsman constitute a means for defending the constitute a means for defending the human and civic rights and freedoms human and civic rights and freedoms guaranteed under the Constitutionguaranteed under the Constitution

77

The AgreementsThe Agreements of the Ombudsman for Human Rights of the Ombudsman for Human Rights in Perm Krai on cooperation in the area of Human in Perm Krai on cooperation in the area of Human

Rights ProtectionRights Protection With the Perm Krai ProsecutorWith the Perm Krai Prosecutor With the Head of the Perm Krai Department of Internal With the Head of the Perm Krai Department of Internal

AffairsAffairs With the Perm Krai Judicial CouncilWith the Perm Krai Judicial Council With the Main Administration of the Execution of With the Main Administration of the Execution of

Punishment, Perm Krai Branch of the Ministry of Justice of Punishment, Perm Krai Branch of the Ministry of Justice of the Russian Federationthe Russian Federation

With the Perm Krai Division of the Federal Court Officer With the Perm Krai Division of the Federal Court Officer ServiceService

88

Assistance in Assistance in responding to responding to human rights human rights violationsviolations

InIn 2008 2008 the the Ombudsman carried Ombudsman carried out consultations out consultations with citizens in 78% with citizens in 78% of the regions’ of the regions’ districtsdistricts

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

7042 7042 appeals were received appeals were received ((upup 1818..2% 2% from from 20072007) )

24712471 complaints regarding rights violations were complaints regarding rights violations were received received ((upup 17 17..7% 7% from from 20072007))

99

Breakdown of Complaints Received byBreakdown of Complaints Received by

The Ombudsman for Human Rights in Perm Krai, 2008The Ombudsman for Human Rights in Perm Krai, 2008

Cultural rights (the right to education)

10%

Political rights2%

Economic and social rights

53%

Civil (individual) rights34%

1010

Economic and Social RightsEconomic and Social Rights (1549 - 53% (1549 - 53% of all complaintsof all complaints))

The right to housingThe right to housing Children and orphansChildren and orphans, , Individuals among those in need of Individuals among those in need of

improvements to housing conditions, who are improvements to housing conditions, who are not furnished with accommodationsnot furnished with accommodations, ,

Eviction from living quartersEviction from living quarters, , displacement from displacement from dilapidated housing, etc.dilapidated housing, etc.

The right to social securityThe right to social security Pension securityPension security Provision of benefits and discountsProvision of benefits and discounts, , Disagreements with the decisions of medical Disagreements with the decisions of medical

expertsexperts on designations of disabilityon designations of disability

1111

Economic and Social RightsEconomic and Social Rights (1549 - 53% (1549 - 53% of all complaintsof all complaints))

The right to health care and medical aidThe right to health care and medical aid The quality of medical services in the penal The quality of medical services in the penal

systemsystem, , Provision of medicine for needy portions of Provision of medicine for needy portions of

the populationthe population, , The quality of medical examinations The quality of medical examinations

determining conscription into the armed determining conscription into the armed servicesservices

Labor rightsLabor rights Nonpayment of wagesNonpayment of wages Reorganization of institutionsReorganization of institutions, , Job placementJob placement

1212

Civil (individual) rightsCivil (individual) rights (901 - 34% (901 - 34% of all complaintsof all complaints))

Guarantees of rights defense and the right to a fair Guarantees of rights defense and the right to a fair trialstrials

The provision of legal aid and The provision of legal aid and The right to dignified treatmentThe right to dignified treatment Freedom and personal integrityFreedom and personal integrity

Unsatisfactory conditions in temporary holding cells Unsatisfactory conditions in temporary holding cells and in other corrective facilitiesand in other corrective facilities

Unlawful useUnlawful use of special measures and physical force of special measures and physical force by the security forces and in penal institutions; by the security forces and in penal institutions; torturetorture

1313

Cultural rightsCultural rights (172 - 10% (172 - 10% of all of all complaintscomplaints))

The right to an educationThe right to an education ( (violations stem from the violations stem from the reorganization of educational institutionsreorganization of educational institutions, , solicitation solicitation of bribes in educational institutionsof bribes in educational institutions, , especially in especially in preschools, etc.preschools, etc.))

Political rightsPolitical rights (2% (2% of all complaintsof all complaints)) The right to petitionThe right to petition The right to participate in government affairsThe right to participate in government affairs

1414

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

Taking measures to Taking measures to support the passage of support the passage of legislation aimed at the legislation aimed at the defense of human rights defense of human rights and freedomsand freedoms bringing it bringing it into conformity with into conformity with recognized norms and recognized norms and international rulesinternational rules

The Ombudsman for Human Rights in Perm The Ombudsman for Human Rights in Perm Krai holds the right to introduce legislation in Krai holds the right to introduce legislation in the Perm Krai Legislative Assemblythe Perm Krai Legislative Assembly

1515

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

Assisting in the Assisting in the implementation of implementation of observance of human observance of human rights and freedom over rights and freedom over the territory of Perm Kraithe territory of Perm Krai

• Government office in Komi-Government office in Komi-Permyak Okrug Permyak Okrug

• Traveling appointmentsTraveling appointments• Community officesCommunity offices

1616

Educational activitiesEducational activities

PublishingPublishing

Presentation of courses and lectures on human Presentation of courses and lectures on human rightsrights

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

1717

Assisting in the Assisting in the creation of a system for creation of a system for the protection of the the protection of the rights and legal rights and legal interests of minors; interests of minors; carrying out monitoring carrying out monitoring of the observance of of the observance of children’s rightschildren’s rights

Creation of the institution Creation of the institution of the Perm Krai of the Perm Krai Ombudsman for Ombudsman for Children’s RightsChildren’s Rights

Annual special report of Annual special report of the Perm Krai the Perm Krai Ombudsman for Ombudsman for Children’s RightsChildren’s Rights

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

Pavel Mikov – the first Perm Krai Pavel Mikov – the first Perm Krai Ombudsman for Children’s Ombudsman for Children’s RightsRights

1818

Assistance in the development of Assistance in the development of international cooperation in the area of international cooperation in the area of human and civic rights and freedomshuman and civic rights and freedoms

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

Implementation of projects Implementation of projects together withtogether with

The Konrad Adenauer FundThe Konrad Adenauer Fund The World BankThe World Bank The Friedrich Naumann FundThe Friedrich Naumann Fund The Council of EuropeThe Council of Europe The European UnionThe European Union The Moscow Helskinki GroupThe Moscow Helskinki Group The Humanitarian-Political The Humanitarian-Political

Center “StrategyCenter “Strategy,,”” St. St. PetersburgPetersburg

1919

Assisting in the creation Assisting in the creation of conditions for of conditions for developing civil society developing civil society institutionsinstitutions

Experiment in public controlExperiment in public control Creation of a regularly-Creation of a regularly-

meeting round table with the meeting round table with the Governor of Perm KraiGovernor of Perm Krai

NGO competitionsNGO competitions

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

2020

Support for citizen initiativesSupport for citizen initiatives• Citizens’ Forum Citizens’ Forum “Pilorama”“Pilorama”• Volunteers’ ForumVolunteers’ Forum• the Program “ ‘No’ to Hate Speech”the Program “ ‘No’ to Hate Speech”

NGO Project CompetitionNGO Project Competition

Principal Tasks of the OmbudsmanPrincipal Tasks of the Ombudsman

2121

The Annual Report of the Ombudsman The Annual Report of the Ombudsman for Human Rights in Perm Kraifor Human Rights in Perm Kraiis reviewed at is reviewed at sessions of the Perm Krai Legislative Assembly, , by the by the Governor of Perm KraiGovernor of Perm Krai, , by the Perm by the Perm Krai Prosecutor and by theKrai Prosecutor and by the regional regional courtcourt

2222

Perm Krai LawPerm Krai Law No.No. 77- 77-PKPK (5 August, (5 August, 20072007))“On the Ombudsman for Human Rights in Perm Krai”“On the Ombudsman for Human Rights in Perm Krai”

ArticleArticle 17. 17. The obligationThe obligation to present to present information to the Ombudsmaninformation to the Ombudsman

Officials in the regional government of Officials in the regional government of Perm Krai or local self-governance bodiesPerm Krai or local self-governance bodies, , who receive a request, a motion or any who receive a request, a motion or any otherother communication from the communication from the Ombudsman on questions regarding the Ombudsman on questions regarding the protection of human rights and freed are protection of human rights and freed are required to present a response to the required to present a response to the communication within a 15-day period. communication within a 15-day period.

2323

Perm Krai Law No. 139-PK (1 November 2007)  “On Administrative Violations of Rights”

Article 2.4. Impeding the Activities of the Ombudsman for Human Rights in Perm Krai

Interference in the activities of the Ombudsman for Human Rights in Perm Krai with the goal of influencing his decision, non-compliance by officials with the responsibilities established by the Perm Krai Law, “On the Ombudsman of Human Rights in Perm Krai,” or impeding the Ombudsman’s work in any other way carries an administrative fine of 1000-2000 rubles.

2424

Ombudsman for Human Rights in Perm Ombudsman for Human Rights in Perm KraiKrai

Acts as defender of people’s Acts as defender of people’s concrete rightsconcrete rights

Calls attention to problemsCalls attention to problems

Serves as a mediator in the Serves as a mediator in the reconciliation of conflictsreconciliation of conflicts betweens citizens and authoritiesbetweens citizens and authorities