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Historical background

It is ombudsman institution among the defence mechanisms out of the courts in the world that today has spread more widely in protecting the human rights. The body better known in Sweden in 1809 and  after a gradual development had spread in several European and world "Ombudsman" comes from the Swedish word " Ombud" . This very word has different meanings as "strong", "influential", "mediator" or in the meaning of representative of other persons.
         
The Justice Ombudsman appointed bye the parliament upon the Constitution of Sweden exercised control over the courts, activity of the state bodies and also justice administration. Even a control over the church was supervised by the Justice Ombudsman. And also the Justice Ombudsman had authority to bring an action  against those who were not able to fulfill own authority perfectly. Starting from the first half of the XX century the Ombudsman institution becomes the rights defence bodies from the rights protection bodies thereafter reinforcing its evolution. Initially the Sweden model developed and appeared in the countries of Scandinavy. This institution which was formed in Finland in 1919 and in 1953 in Denmark. Despite of successful steps of the Sweden model a number of countries passed this system thereafter Denmark Ombudsman institution establishment. Right this model could occupy its place among the  world rights defence mechanism. It is also necessary to note one point that one of the factors had caused the development of the Ombudsman institution so rapidly was the adoption of the most significant international documents on the human rights just  soon after the World War II.
        
Among these documents the "Worldwide Declaration on the Human Rights" adopted on December 10, 1948 should be noted especially. The role and importance of this institution in the path of Democratic development of the countries had caused it to spread into the world countries rapidly.
       
The Ombudsman institution began to spread widely in different provinces of Canada in 1967 and in 1979 in the territory of Australia and beginning from 1969 in different states of America. Just in 1967 the low "On The Ombudsman Institution" was adopted in Great Britain. Also different models of the Ombudsman institutions were adopted accordingly in Spain, Portugal, Austria, Belgium, Israel, India, Italy, Cyprus, Mexico, Netherland, France, New-Zeland, Germany Federative Republic, Switzerland and some other countries. 
      
And the first Ombudsman institution in the Eastern Europe was established in Poland.  The institution has been operating in Poland since 01 January 1988. One can appeal to the Poland Commissioner considering his/her constitutional rights have been violated  by the  state bodies.
     
Later on the mentioned Poland experience was implemented in several states of the Eastern Europe. Thus, the Ombudsman institution was established in Hungary in 1989, and in 1990 years in Georgia, Lithuania, Latvia, Moldova, Russia Federative and in its subjects, Romania and Uzbekistan.
    
Already the Commissioner activity began to perform its action due to the human rights defence in several international organizations as well.
    
This very organization has been named differently in various states, such as; Commissioner for the citizen rights in Poland, People's rights defence college in Austria, Duty in Romania, the Parliamentary Commissar for the Administrative works in Great Britain, the Meditor in France, People's defender in Spain, the human rights commission in Filippin, Commissioner  for the social investigation in Israel, Parliament Ombudsman in Lithunia, the Commissioner for human rights in Russia and in its subjects and so on. Though the institution acts under different names in different countries the person that is busy with the human rights defence is known by the name of Ombudsman said to be common everywhere. Their activity has got just one goal, that's to stand in defence of the human rights when violated.
      
The analysis of the historical materials shows that the implementation of the Ombudsman institution gives a stimul to the development of the juridical thinking in society and also gives a push to the process of management democratization.
      
In general, considering the possessed authorities and activity principles of the Ombudsman institution in the world it is necessary to stress the point that the duty of the Ombudsman is to extend the public management, to enlighten the people about the done works by the state to people and to life the difficulties and cases on the human rights violation.
      
The Republic of Azerbaijan who has aimed the juridical democratic state structure for its main motto after proclaiming her independence and as well as the legal  system corresponding to this began to involve various reforms embracing the human rights and freedom started to work out more significant right defence mechanisms with purpose to ensure the effective defence of rights.
     
The president of the Azerbaijan Republic Mr.Haydar Aliyev considering the human rights defence in the Republic of Azerbaijan as a nationwide duty with the executive order as for 22 February 1998 on " Measures ensuring human and citizen rights and freedom" and with the executive order as for 18 June 1998 on "State program on the human rights Defence" decided to institute the Institution of Commissioners for the human rights. On December 28, 2001 the Constitutional law "On the Commissioner (Ombudsman) for the Human Rights was adopted by the Milli Majlis of the Republic of Azerbaijan. And on March 5, 2002 the executive order was signed by the national leader of the Republic of Azerbaijan on "The Commissioner (Ombudsman) for the Human Rights" about adoption of the Constitutional law implementation of the Republic of Azerbaijan, with this with the purpose to establish the Commissioner Institution and its activity a reliable juridical base was formed.







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Copyright © 2009. Naxçıvan Muxtar Respublikasının İnsan Hüquqları üzrə Müvəkkili (Ombudsman).