ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
Ombudsmen’s Conference4 organised by the Seimas
Ombudsmen’s Office on 26 September 2019, which
provided an opportunity not only to share and
exchange experience, but also to assess the progress
of neighbouring countries in the area of ensuring
social and economic rights.
It should be noted that the proper implementation
of social and economic rights is necessary not only
from the central point of view, i.e. from the statewide perspective, but also at the municipal level,
because self-government institutions, being closest
to the individual and having better understanding of
the actual needs of the individual, can make optimal
decisions in this area and, accordingly, there is a need
for the educational work in order to emphasise that
social and economic rights are a safeguard of human
dignity5. It is necessary to emphasise that the State
must take the required measures to ensure that
economic and social rights are fully implemented.
In many cases, the protection and enforcement of
these rights requires large resources that States
may not have. However, their lack does not give the
State the right not to take the necessary actions or
to keep them postponed and delayed. The State
must provide the maximum possible protection
and ensure these rights within the limits of its own
resources, and must demonstrate its commitment
to make progress towards their better protection.
In accordance with these imperatives, in the near
future, i.e. in 2020-2022, the Seimas Ombudsmen
will also pay due attention to ensuring social and
economic rights of socially vulnerable persons,
investigating complaints, performing the functions
of the Institution of the National Prevention of
Torture and the National Human Rights Institution.
4
http://www.lrski.lt/naujienos/732-siaures-bei-baltijos-salikonferencijoje-lietuvos-demesys-ekonomini-bei-socialiniteisi-uztikrinimo-svarbai.html.
E.g., Vainiutė, Milda. Konstitucija – orumo garantas.
Savivaldybių žinios, 30 November 2019, No 19(879), p. 32.
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EVERYONE COUNTS
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MANDATES OF THE SEIMAS
OMBUDSMEN
Article 73 of the Constitution of the Republic
of Lithuania (hereinafter – the Constitution)
establishes that the Seimas Ombudsmen have the
duty to investigate the citizens’ complaints about
the abuse of office by or bureaucracy of state and
municipal officials (except judges). The second
part of the same article provides that the powers
of the Seimas Ombudsmen shall be established by
the Law of the Republic of Lithuania on the Seimas
Ombudsmen (hereinafter – the Law on the Seimas
Ombudsmen, the Law). Article 3 of the Law, which
was amended to take account of the new obligations
of the Republic of Lithuania as as a member of the
international community, states that there are three
main objectives (mandates) of the activities of the
Seimas Ombudsmen.
It should be noted that in addition to the handling
of complaints provided for in the Constitution,
following the ratification of the Optional Protocol
to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment by
the Republic of Lithuania at the end of 2013, the
Seimas Ombudsmen were empowered to perform
the national prevention of torture, and from 1
January 2018 onwards – were assigned the functions
of the national human rights institution.
Investigation of complaints
The powers of the Seimas Ombudsmen to investigate
the citizens’ complaints about the abuse of office
by and bureaucracy of officials arise from Article 73
of the Constitution and are enshrined in the Law
on the Seimas Ombudsmen. The investigation of
complaints accounts for the bigger part of the Seimas
Ombudsmen’s activities to which the particular
attention is devoted. With a view to achieving that
the person’s right to the proper public administration
becomes real, the Seimas Ombudsmen, by exercising