European network of legal experts in the non-discrimination field
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Equality Bodies

The office of the Ombudsman for Minorities was established in 2001 in order to promote the realisation of equal treatment irrespective of ethnic origin. The Ombudsman functions mainly as an expert body, providing advice and instructions to victims of ethnic discrimination.  

The Ombudsman may also provide legal aid in exceptionally significant cases. Most of the cases of ethnic discrimination for which the Ombudsman’s office has been contacted dealt with provision of goods or services, particularly housing. Upon encountering discriminatory practices the Ombudsman shall, by way of advice and instructions, aim to eliminate them. The Ombudsman shall also issue recommendations and come up with initiatives aimed to improve ethnic relations and the status of ethnic minorities. A victim of discrimination may request the Ombudsman to conduct conciliation proceedings. Since the Ombudsman has powers to require information necessary for the fulfilment of her duties from anyone, it is possible for her to conduct independent investigations in individual cases concerning alleged discrimination. After the amending the Act on Minorities Ombudsman and Discrimination Tribunal in 2008, the Ombudsman may conduct also independent surveys and the Ombudsman decides independently the targets and how such surveys are made. Nevertheless, the explanatory report to the amendment indicates that such surveys are general by nature.

The Ombudsman or the victim of discrimination may also take the case to the Discrimination Tribunal, which has a mandate to deal with complaints relating to ethnic discrimination (but not in the field of employment). The Tribunal may confirm a settlement between the parties and prohibit the continuation or renewal of a discriminatory practice. It may also impose a conditional fine and upon application order it to be paid if the prohibition order is not followed. It may issue statements regarding the correct interpretation of anti-discrimination law upon the request of one or both of the parties, the Ombudsman for Minorities, a court of law, a public authority or an NGO.

A victim of discrimination, irrespective of the ground of discrimination, may also file acomplaint to the Parliamentary Ombudsman or the Chancellor of Justice if discrimination has taken place in the exercise of public powers. These bodies may not amend or annul aparticular decision but may bring legal action against an official and/or issue their opinions of the correct interpretation of the law.

The Åland Islands has also set up an office of Discrimination Ombudsman (DO). TheOmbudsman is an independent entity with the task to promote and secure equal treatment on the grounds of ethnic origin, religion and belief, disability, age, sex and sexual orientation. The Ombudsman has been entrusted with overseeing the implementation and observance of the new anti-discrimination legislation adopted in the Åland Islands. 

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.