3. The Ombudsman as a National Human Rights Institution
3.1. Background
After the world conflict of 1939-1945, the member States of the United Nations were
encouraged to devise entities that, locally and autonomously, promoted and defended
human rights. With this change of paradigm, it was then understood that the different
member States should establish human rights committees that were independent of the
powers of the State (legislative, executive and judicial), which would Disclosure of those
rights. It was, however, in the 1990s that, following the meeting held in Paris under the
motto National Institutions for the Promotion and Protection of Human Rights and in
the subsequent acceptance of the principles emanated, national human rights institutions,
in their different conformations, they affirmed themselves.
In Portugal, the Ombudsman’s role in the Ombudsman’s role has always been one of
the distinguishing quid of the Ombudsman. In addition to the classic activity of assessing
the complaints received about (in)justice and (il)legality of the exercise of public powers,
it is up to this State body to promote and defend the essential rights, freedoms and guarantees of citizens.
For this reason, since 1999, the Ombudsman has been a National Human Rights Institution duly accredited by the Global Alliance of National Human Rights Institutions
(formerly known as the International Coordination Committee of National Institutions
for the Promotion and Protection of Human Rights) with status «A». This means that
the performance developed by this state body in this dress is in full compliance with the
Paris Principles.
As the National Human Rights Institution, the Ombudsman is responsible for the
constant promotion and uncompromising defense of human rights. With a view to pursuing this aim, this State body may initiate proceedings on its own initiative and have
at its disposal various means of ascertaining the facts, such as conducting inspections,
consulting multiple documents and hearing a good amount. In addition, the Ombudsman presents himself as a privileged interlocutor with national and international organizations, and therefore has a range of rights of participation in the UN Human Rights
Council and the Special Committees provided for in international legal instruments.
These participation rights include the provision of autonomous contributions, meeting
assistance and intervention (oral and written) in the framework of the periodic universal
review mechanism, as well as in the specific mechanisms for verifying compliance with
the obligations internationally assumed by the Portuguese State.
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