I. INTRODUCTION
The United Nations General Assembly adopted the Convention on the Rights of the Child on
20 November 1989. Estonia ratified the Convention on 26 September 1991. Under Article 4 of
the Convention, States Parties shall undertake all appropriate legislative, administrative, and
other measures for the implementation of the rights recognised in the Convention. The UN
Committee on the Rights of the Child considers the establishment of an independent
supervisory institution on the rights of children as one of the obligations of States Parties under
Article 4. In Estonia the function of the independent supervisory institution on the rights of
children (i.e. ombudsman for children) is performed by the Chancellor of Justice since 19 March
2011.93
In addition to monitoring the implementation of the Convention on the Rights of the Child and
resolving specific complaints concerning the rights of children, the role of the Ombudsman for
Children also includes carrying out an impartial analysis and pointing out systemic problems in
the child protection system in Estonia.
The Chancellor of Justice as the Ombudsman for Children verifies the legality and
constitutionality of legislation on children. The Chancellor also supervises the lawfulness of the
activities of persons and bodies exercising public functions in relation to children and parents.
The Chancellor may initiate proceedings on the basis of a petition or on his own initiative.
Each child himself or herself may contact the Ombudsman for Children for the protection of
their rights. Also a parent or legal representative of a child may submit a petition for the
protection of a child’s rights to the Ombudsman for Children. Everyone may contact the
Chancellor to draw his attention to general problems in the child protection system in Estonia.
The task of the Ombudsman for Children is to ensure that all the authorities, institutions and
persons who pass decisions concerning children respect the rights of children and proceed from
the best interests of the child.
The Chancellor, while also performing the functions of the national preventive mechanism for
ill-treatment, regularly inspects children’s institutions where the freedom of movement of
children is restricted (e.g. special schools, closed child psychiatry wards) in order to assess the
protection of the rights of children and prevent ill-treatment in such establishments.
Besides the supervisory function, the tasks of the Ombudsman for Children also include raising
awareness of and promoting the rights of children. The mission of the Ombudsman for Children
is to support the inclusion of children and strengthen their position in society as active
participants and contributors. In order to encourage and support active participation of children
in analysing and understanding their rights and duties, an advisory committee to the
Ombudsman for Children has been established at the Office of the Chancellor of Justice.
Members of the advisory committee include representatives from different children’s and youth
organisations who are involved in the work of the Ombudsman for Children. The ombudsman
also encourages other state and local government institutions to involve children to a greater
extent in their work.
93
See the Chancellor of Justice Act, § 1(8).
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