Lithuania: Law establishing the Ombdusman 2000

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LAW
ON THE CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD
OF THE REPUBLIC OF LITHUANIA

May 25, 2000 No. VIII-1708
Vilnius

CHAPTER I
GENERAL PROVISIONS

Article 1. The Purpose of the Law

This Law shall regulate the activities of the controller for protection of the rights of the child, as well as the status and structure of the institution of the controller for protection of the rights of the child.

Article 2. The Main Principles of the Activities of the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child shall base his activities on the principles of lawfulness, impartiality, publicity, priority of the rights of the child and his legal interests, and independence in adopting decisions.

Article 3. The Legal Basis of the Activities of the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child shall be guided in his activities by the Constitution of the Republic of Lithuania, the laws, other legal acts adopted by the Seimas, international treaties of the Republic of Lithuania, decrees of the President of the Republic of Lithuania, the resolutions of the Government, other legal acts, as well as by this Law.

CHAPTER II
CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD

Article 4. Requirements to the Controller for Protection of the Rights of the Child

A citizen of the Republic of Lithuania of irreproachable reputation who has a higher law education may be appointed the controller for protection of the rights of the child.

Article 5. Appointment of the Controller for Protection of the Rights of the Child

1. The controller for protection of the rights of the child shall be appointed for the term of office of 4 years by the Seimas upon the recommendation of the Chairman of the Seimas.
2. A person may be appointed as the controller for protection of the rights of the child for not more than two successive terms of office.
3. In the case of the death of the controller for protection of the rights of the child or after his dismissal from the duties on the basis indicated in Article 6 of this Law or other cases specified by the laws, the Seimas upon the recommendation of the Chairman of the Seimas shall appoint another controller for protection of the rights of the child for the whole term of office.

Article 6. Basis for Dismissal of the Controller for Protection of the Rights of the Child from His Duties

1. The controller for protection of the rights of the child may be dismissed from his duties:
1) at his own request;
2) upon termination of the term of office, if he is not elected for a repeated term;
3) if he cannot fulfil his duties due to his health state, i.e., if the controller for protection of the rights of the child in the course of one year is ill for more than 4 successive months or if he has a disease that hinders him to carry out his duties and therefore received the conclusion of the physicians’ commission formed by the Ministry of Health Care;
4) with the court judgement of conviction against him coming into force;
5) upon expression of distrust in him by the Seimas.
2. In the cases, specified by paragraphs 1 and 2 of Part 1, the controller for protection of the rights of the child shall fulfil his duties until another person is appointed.

Article 7. Dismissal from his Duties of the Controller for Protection the Rights of the Child

A decision for dismissal from office of the controller for protection of the rights of the child shall be taken by a half majority vote of the Seimas members.

Article 8. Prohibitions in Respect of the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child may not hold any other elective or appointive office in state and municipality institutions or establishments, be employed in non-governmental, business, commercial or other establishments, enterprises, organizations, as well as receive any other salary with the exception of that established according to his position, and a payment for pedagogical or creative activities.

Article 9. Independence of the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child while in his office shall be independent of the state and municipality institutions or establishments and their officers, non-governmental institutions or citizens, and shall be guided by the laws only.

Article 10. Remuneration of the Controller for Protection of the Rights of the Child and Guarantees upon His Dismissal from Office

1. The controller for protection of the rights of the child shall be paid a monthly salary equalling 5 average salaries of the previous month paid in the economy of the Republic of Lithuania, which is declared by the Department of Statistics under the Government of the Republic of Lithuania. No extra pays and bonuses shall be paid to him.
2. In the case of dismissal from office of the controller for protection of the rights of the child according to p. 2 of Part 1 of Article 6 he shall be paid the service benefit equalling his average monthly salary; if according to p. 3 and 5 of Part 1 of Article 6 – the service benefit equalling his two average salaries, and upon his death – the compensation equalling his two average monthly salaries shall be paid to his family.
3. The controller for protection of the rights of the child who is released from his office according to p. 2 of Part 1 of Article 6 of this law shall be provided with the previous position at the state service, with the exception of elective office. If the previous position was cancelled or the previous place of work was liquidated, another position at state service which is in conformity with his profession and qualifications shall be offered to him. The controller for protection of the rights of the child shall file an application for his restoration to the previous position to the head of the previous working place, and upon liquidation of the working place, to its founder for provision of another position at the state service that conforms to his profession and qualifications. An application shall be filed not later than within 10 working days as from the day from his release from the duties of the controller for protection of the rights of the child. In the cases when upon liquidation of the working place its founder does not exist either, the former controller for protection of the rights of the child shall have the right to apply to the Ministry of Public Administration Reforms and Local Authorities, and the latter must provide information to him about free working places at the state service, which is at his permanent place of residence.

Article 11. Deputy Controller for Protection of the Rights of the Child

1. A citizen of the Republic of Lithuania of irreproachable reputation with a higher law or pedagogical education may be appointed as deputy controller for protection of the rights of the child.
2. Deputy controller for protection of the rights of the child shall be appointed by the deputy controller for protection of the rights of the child upon the approval of the Chairman of the Seimas.
3. If the controller for protection of the rights of the child is on vacation or cannot fulfil his duties for other reasons, the deputy controller for protection of the rights of the child shall perform his duties temporarily and shall be responsible for the activities of the institution, the use and keeping of the seal of the institution.

CHAPTER III
POWERS OF THE CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD

Article 12. Powers of the Controller for Protection of the Rights of the Child

1. The controller for protection of the rights of the child shall:
1) examine the complaints of natural and legal persons against the rights, actions or omission of state and municipal institutions or organizations and their officers, non-governmental institutions as well as other natural and legal persons, enterprises, having no rights of the legal person, due to which the rights of the child or legal interests are violated or may be violated, and adopt one of the decisions, foreseen in Article 25 of this law;
2) control how the provisions of the Constitution of the Republic of Lithuania, conventions ratified by the Seimas, laws of the Republic of Lithuania and other legal acts, regulating the protection of the rights of the child and his lawful interests, are implemented;
3) supervise and control the activities of institutions, related to the protection of the rights of the child and his legal interests due to which the rights of the child or his lawful interests are or may be violated;
4) propose measures to the Seimas and the Government how to improve the protection of the rights of the child and his legal interests established by the laws of the Republic of Lithuania and other legal acts;
5) guide the institution of the controller for protection of the rights of the child;
6) in accordance with the procedure established by the laws approve the staff list of the institution and the official staff salaries;
7) approve the work regulations of the controller’s for protection of the rights of the child institution, internal work regulations, as well as job descriptions of the deputy controller for protection of the rights of the child, advisers and assistants of the controller for protection of the rights of the child and other employees;
8) approve the procedure for accounting and examination of complaints;
9) adopt and dismiss employees of the controller’s for protection of the rights of the child institution;
10) represent the institution of the controller for protection of the rights of the child at state, non-governmental institutions and international organizations;
11) through the mass media provide information to the public about the protection of the rights of the child and his legal interests in the Republic of Lithuania.

Article 13. The Rights of the Controller for Protection of the Rights of the Child

When exercising the powers attributed to him, the controller for protection of the rights of the child shall have the right to:
1) possessing information about violations, not indicated in the complaints, on his own initiative start their examination or transfer them for examination to other competent state institutions;
2) get acquainted with the cases investigated in the court, which are related to the violation of the rights of the child or his legal interests;
3) enter without hindrance state and municipality institutions or organizations, non-governmental state establishments and acquaint with their activities;
4) demand and receive information, explanations, protocols and other documents from the state and municipality institutions or organizations, non-governmental institutions as well as other natural and legal persons, enterprises without the status of a legal person, relate to the protection of the rights of the child and his legal interests, which are necessary for exercising powers specified by this law;
5) record the protocol of the violation of administrative law concerning the non-fulfilment of the requirements of the controller for protection of the rights of the child;
6) submit proposals to the President, the Seimas, and the Government of the Republic of Lithuania on the amendments to the valid legal acts and the adoption of new legal acts, as well as the formation and implementation of the policy related to the protection of the rights of the child and his legal interests;
7) take part in the meetings of the Seimas and the Government when issues concerning the protection of the rights of the child and his legal interests are discussed and express their opinion;
8) take part in the meetings of the commissions or other institutions established by the President, the Seimas, and the Government of the Republic of Lithuania, related to the protection of the rights of the child and his legal interests.

Article 14. Duty of the Controller for Protection of the Rights of the Child
to Keep Secrets

1. The controller for protection of the rights of the child must under written promise keep secrets that are under protection of the state, professional or other laws that he got to know when being in his official position.
2. The duty to protect secrets foreseen in Part 1 of this Article shall be valid for the employees of the institution as well.

Article 15. Report on the Activity of the Controller for Protection of the Rights of the Child

1. The controller for protection of the rights of the child must submit to the Seimas the annual written report on the activity of his institution for the previous calendar year not later than before April 1.
2. The report on the activity of the institution of the controller for protection of the rights of the child shall be announced in public.

CHAPTER IV
INSTITUTION OF THE CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD

Article 16. The Status of the Institution of the Controller for Protection of the Rights of the Child

1. To ensure the work of the controller for protection of the rights of the child the institution of the controller for protection of the rights of the child shall be established.
2. The institution of the controller for protection of the rights of the child is an independent state institution for supervision and control of the following of the rights of the child that is maintained from the state budget and is established by a resolution of the Seimas.
3. The institution of the controller for protection of the rights of the child is a legal person, having a settlement account and a seal with the state emblem of Lithuania and bearing the name “The Institution of the Controller for Protection of the Rights of the Child”.
4. The institution of the controller for protection of the rights of the child shall be guided by the controller of the controller for protection of the rights of the child. He shall be responsible for the activities of the institution and the use and keeping of the institution’s seal.
5. The functions of the institution of the controller for protection of the rights of the child shall be established by the regulations of the institution of the controller for protection of the rights of the child approved by the Seimas.

Article 17. Structure of the Institution of the Controller for Protection of the Rights of the Child
The institution of the controller for protection of the rights of the child shall consist of the controller for protection of the rights of the child, deputy controller for protection of the rights of the child, advisers, assistants of the controller for protection of the rights of the child as well as other employees of the institution.

CHAPTER V
PROCEDURE OF APPLYING TO THE INSTITUTION OF THE CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD AND EXAMINATION OF COMPLAINTS

Article 18. Persons and Enterprises without the Status of the Legal Person Having the Right to Apply to the Controller for Protection of the Rights of the Child

1. Any natural or legal person, enterprise without the rights of the legal person shall have the right to apply to the controller for protection of the rights of the child.
2. A child may himself apply to the controller for protection of the rights of the child. When the child applies to the controller for protection of the rights of the child in writing, the requirements of Article 22 of this Law shall not be applicable.

Article 19. Basis for Lodging a Complaint to the Controller for Protection of the Rights of the Child

A complaint may be lodged by a natural or legal person, enterprise without the rights of a legal person when it is considered that:
1) a natural or legal person, enterprise without the rights of a legal person violated the provisions of the legal acts indicated in Article 3 of this Law;
2) in other cases when it is considered that the rights of the child or his legal interests are violated.

Article 20. Procedure for Lodging and Accepting a Complaint to the Controller for Protection of the Rights of the Child

1. A complaint to the controller for protection of the rights of the child shall be presented in writing or orally and shall be registered at the institution of the controller for protection of the rights of the child, and its examination shall be started.
2. The controller for protection of the rights of the child upon receiving a complaint orally or after noticing the signs of violation of the rights of the child or his legal interests and considering that the information provided or signs noticed are correct may start examination at his own initiative.
3. The institution of the controller for protection of the rights of the child shall handle a separate accounting of the information indicated in Part 2 of this Article.
4. Anonymous complaints shall not be examined, if not otherwise decided by the controller for protection of the rights of the child.
5. At the request of an applicant, his name shall not be mentioned in the further examination.

Article 21. Terms for Lodging a Complaint to the Controller for Protection of the Rights of the Child

1. The term of 3 years from the commitment of the actions for which a complaint is lodged shall be foreseen.
2. Complaints that were lodged exceeding the time limit determined in Part 1 thereof should not be examined, if not otherwise decided by the controller for protection of the rights of the child.

Article 22. Contents of a Complaint

1. The complaint shall contain:
1) addressee - the controller for protection of the rights of the child;
2) name, surname, denomination and address of an applicant;
3) names of legal persons, enterprises without the status of a legal person, or names surnames and positions of the persons in respect of whom a complaint is lodged, an enterprise where they work;
4) name of the decision for which complaint is lodged and acceptance date or the description of actions (omission) for which a complaint is lodged, time and circumstances of their commitment;
5) an application to the controller for protection of the rights of the child;
6) a list of appended documents;
7) the date when the application was drawn and the signature of an applicant.
2. The complaint may be supplemented with:
1) a copy of the decision for which a complaint was lodged;
2) the existing proofs and their description;
3) a list of the persons proposed for interrogation, indicating their addresses and circumstances or information they can confirm.

Article 23. Terms for Consideration of a Complaint

1. The controller for protection of the rights of the child shall consider a complaint and reply to the applicant within a month from the day of the receipt of a complaint.
2. Where it is necessary to carry out an additional examination during the period of complaint consideration (to receive documents, explanations, to interrogate the persons concerned), this term may be prolonged by a decision of the controller for protection of the rights of the child, but no longer than for 6 months.
3. After prolonging the term for consideration of a complaint, the applicant and the person in respect of whose decision or actions (omission) a complaint is lodged shall be informed thereof.

Article 24. Accounting and Investigation of Complaints

The accounting of complaints and procedure of investigation thereof shall be regulated by the controller for protection of the rights of the child.

Article 25. Decisions Adopted by the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child upon examination of the complaint shall take one of the following decisions:
1) to transfer the complaint to another institution;
2) to bring a suit in the court;
3) upon detecting the signs of crime, to transfer the material to the corresponding institutions;
4) to make a warning to persons who violated the rights of the child and his legal interests;
5) to submit a proposal to the organization that registered the institution related to the protection of the rights of the child which violated the rights of the child or his legal interests, or the founder of the institution concerning the expediency of the further activities of the institution;
6) to propose the heads of the institutions under inspection or their superior institutions to impose disciplinary penalties against persons who are guilty for violation of the laws or other legal acts protecting the rights of the child or his legal interests;
7) to propose to change decisions in the procedure established by the laws or cancel decisions contradicting to the laws, international treaties of the Republic of Lithuania and other legal acts;
8) upon determining the shortcomings in the activity of the inspected natural or legal persons, enterprises without the status of a legal person or violations of the law, due to which the rights of the child and his legal interests are violated, to make a warning to the offenders and within his powers to propose natural persons, enterprises without the status of a legal person or heads of the legal persons to eliminate violations;
9) to waive a complaint if violations indicated thereof have not been proved.

Article 26. Grounds for Waiver of Examination of a Complaint

1. The controller for protection of the rights of the child shall waive the examination of the complaint and not later than within 10 working days from the receipt of the complaint shall notify in writing the applicant and the person against whose decision or actions (omission) complaints are lodged, if:
1) the subject of the complaint is not in conformity with the grounds indicated in Article 19;
2) a complaint has been lodged after the expiry of the term established in Article 21 of this law, if the controller for protection of the rights of the child does not decide that a complaint may be considered;
3) the subject of the complaint belongs to the competence of state authorities or management and control institutions;
4) the criminal case has been initiated on the subject of the same complaint, preliminary investigation, consideration at court is going or a procedural decision is taken to discontinue a case or a complaint has already been considered at court or another control institutions.
2. Upon waiver of consideration of a complaint, the grounds for waiver shall be indicated to the applicant.
3. In cases where the subject of the complaint does not belong to the competence of the controller for protection the rights of the child, a complaint shall be returned to the applicant within 10 working days since the day of its receipt and an institution that he could apply himself on that issue is indicated, or it is notified which institution a complaint is transferred to.
4. A complaint lodged repeatedly on the same subject of the complaint shall not be considered.
5. Upon clarification of the circumstances during the examination of a case indicated in Part 1 of this Article or if the applicant does not provide the data to the controller for protection of the rights of the child, without which it is impossible to start the investigation of the complaint, the complaint shall be left not examined.

Article 27. Recording of the Examination Results of the Complaint

1. After carrying out an examination of a complaint, all the evidence collected during it, legal evaluation of actions or omission as well as circumstances clarified in the course of it shall be recorded in the certificate.
2. A certificate shall be signed by the controller for protection of the rights of the child or upon his recommendation by the deputy controller for protection of the rights of the child.
3. The applicant of the complaint, a natural or legal person, an enterprise without the status of the legal person, whose actions (omission) were under examination, shall be acquainted with the examination results by sending or presenting them copies of the certificate.

Article 28. Publicity of the Activity of the Controller for Protection of the Rights of the Child

The controller for protection of the rights of the child shall provide information about his activities through mass media

CHAPTER VI
COOPERATION BETWEEN THE CONTROLLER FOR PROTECTION OF THE RIGHTS OF THE CHILD, STATE AND MUNICIPAL INSTITUTIONS OR ORGANIZATIONS, NON-GOVERNMENTAL INSTITUTIONS AND OTHER NATURAL AND LEGAL PERSONS, ENTERPRISES WITHOUT THE RIGHTS OF THE LEGAL PERSON

Article 29. Natural and Legal Persons, Enterprises without the Rights of the Legal Person the Controller for Protection of the Rights of the Child is Cooperating within Implementing this Law

The controller for protection of the rights of the child in implementing this law shall cooperate with the state and municipal institutions or organizations, non-governmental institutions, as well as international organizations and other natural and legal persons, enterprises without the rights of the legal person, the activities of which are related to the protection of the rights of the child and his legal interests.

Article 30. Participation of the Society in the Activities of the Controller for Protection of the Rights of the Child

1. The controller for protection of the rights of the child shall encourage and promote the initiatives of non-governmental institutions and society that assist in implementing the protection of the rights of the child and his legal interests.
2. The controller for protection of the rights of the child considering that the signs of the violation of the rights of the child and his legal interests and the information provided are correct may address the society for assistance.

Article 31. The Obligation to Fulfil the Requirements of the Controller for Protection of the Rights of the Child to Provide Information and Carry Out His Decisions

1. The state and municipal institutions or organizations, non-governmental institutions, as well as other natural and legal persons, enterprises without the rights of the legal person must provide the requested information in due time to the controller for protection of the rights of the child, allow to get familiarized with the required documents, as well as fulfil decisions adopted by him and inform on the fulfilment of decisions in due time to the controller for protection of the rights of the child.
2. The information requested by the controller for protection of the rights of the child must be submitted within 10 working days.
3. Persons hindering the controller for protection of the rights of the child to fulfil his official duties shall be responsible in the procedure established by the laws.

CHAPTER VII
FINAL PROVISIONS

Article 32. Entry into Force

The Law shall come into force as of September 1, 2000.

I promulagate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

 

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