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8 Implementing Economic, Social, and Cultural Rights: The Role of National Human Rights Institutions b a r b a r a v o n t i g e r s t r o m The implementation of economic, social, and cultural rights has been historically a problematic area in international human rights law theory and practice. Among other problems, the history of neglect of these rights has meant that the means to prevent and remedy violations remain underdeveloped . Equally frustrating is the fact that institutions and programs that should be expected to contribute to the realization of economic, social, and cultural rights often fail in this role and in some cases are even counterproductive , causing further harm where they should be providing assistance. Given this situation, the development of effective measures for the realization of economic, social, and cultural rights is an endeavor of the utmost urgency and importance. These measures are traditionally understood to include legislative and constitutional reforms; they may also include a range of other measures. Among these is the use of nonjudicial institutions which have a role in protecting human rights and which may, in particular, be well placed to monitor, protect, and promote economic, social, and cultural rights. It has been suggested that specialized commissions be established to assume responsibility for the protection of these rights at a national level. They would carry out a variety of functions ranging from reporting to the Committee on Economic, Social, and Cultural Rights to public education.∞ Such an institution would undoubtedly be a great asset, but in its absence existing institutions may be able to carry out some functions that would contribute to the protection of economic, social, and cultural rights. Within the broader category of nonjudicial institutions, the focus of this chapter is the institution of the ombudsman≤ and, to a lesser extent, human rights institutions (sometimes referred to as ‘‘national human rights institutions ’’) and similar complaint resolution mechanisms in international institutions . The valuable role of ombudsman and similar institutions in human rights protection is receiving increased attention and recognition. In particular , these institutions may play a significant role in protecting economic, social, and cultural rights. Their jurisdiction often includes relevant areas, and their institutional characteristics allow them to work effectively in these areas that are typically marked by weak legal protection at the national and international levels. 140 Barbara von Tigerstrom The purpose of this chapter is to show how these institutions may assist in the promotion and protection of economic, social, and cultural rights, such that they should form an important and even necessary—though not sufficient —part of an effective effort to realize these rights. The first part provides an overview of the functions and characteristics of these institutions; the second part reviews some of their functions of particular relevance to economic, social, and cultural rights, illustrated by examples from several countries and an international institution. The chapter concludes with an analysis of some of the advantages and disadvantages of using these institutions to protect and promote economic, social, and cultural rights and factors that may determine their effectiveness. National Human Rights Institutions Functions and Characteristics As noted above, the term ‘‘national human rights institutions’’ denotes a broad category of institutions that may exercise a variety of functions for the protection of human rights at a national or local level. This category includes ombudsman offices and human rights commissions. Although each of these traditionally has its own particular characteristics, the boundaries between them are increasingly blurred, especially in the more recently established institutions, many of which are hybrid forms. The classical ombudsman model is derived from the Swedish institution of that name which was established in ∞∫≠Ω.≥ Generally speaking, an ombudsman is an official who receives and investigates complaints from the public against the government. The classical ombudsman has been described as having four essential characteristics,∂ although exceptions to each are commonly found. First, the institution is independent of government . Usually it is established by a constitutional or legislative provision, although in some countries the institution has been created and the ombudsman appointed by the executive, an arrangement that has been criticized as compromising the independence of the ombudsman.∑ Independence may also be guaranteed by other means, such as provisions in the legislation or constitution controlling the appointment and dismissal of the ombudsman, providing for the institution’s budget, and preventing con- flicts of interest, for example. The second characteristic is that the classical ombudsman generally acts in response to complaints...

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