Why does Switzerland need an ombuds office?

2 November 2021

Our CEO Irène Inderbitzin explains in an interview why children’s rights haven’t been adequately implemented in Switzerland and why the Ombuds Office for Children’s Rights Switzerland is key to improving the situation for affected children and young people.

 

Why does Switzerland need an ombuds office?

Irène Inderbitzin, CEO of the Ombuds Office for Children’s Rights Switzerland: Right now in Switzerland, children’s rights are not adequately applied, nor are they adequately implemented. This situation has to improve. This is echoed by the country report for Switzerland on the implementation of the UN Convention on the Rights of the Child. Only when children and young people have access to a child-friendly legal process can they build resilience and experience self-efficacy in often challenging circumstances – something which has a lasting positive impact on their lives. The Ombuds Office bridges this gap: it offers children legal advice in child-appropriate language and mediates between them and the specialists involved. The new Ombuds Office therefore adds an indispensable service to important pre-existing psychosocial points of contact, like 147.ch for young people and 143.ch for adults.

 

Shouldn't it be specialists on the ground who implement children’s (procedural) rights?

Absolutely – and, increasingly, they are fulfilling this role. The increasing knowledge around the application of children’s rights is thanks in part to years of dedicated work by the Swiss Children’s Advocacy and members of the OSKR Alliance. It's important to keep in mind that an ombuds office is only required as a last resort when children’s (procedural) rights are not being safeguarded. In an ideal world the Ombuds Office would render itself unnecessary. Unfortunately, that is probably unattainable. Until then, its role is to help improve the application and implementation of children’s rights as part of a learning legal system.

 

How does the Ombuds Office work?

The Ombuds Office is an agency for children. It boosts the resilience of children and instils in them self-efficacy; it helps them to discover that they can successfully overcome difficult situations and challenges by themselves and without lasting damage. Only by doing so can children and young people escape the vicious cycle of powerlessness and feeling overwhelmed they often find themselves trapped in due to challenging circumstances. In practice that means any child contacting the Ombuds Office will receive legal advice. This includes an analysis of the situation and providing child-friendly information and advice. Usually it takes several conversations, but always with the same point of contact. Advice is also provided to the relevant caregivers/attachment figures or specialists in consultation with the child, and/or conveyed between the child and these individuals. To facilitate this, the Ombuds Office must have the right to access information, releasing the specialist from data protection obligations. Triaging to local specialist bodies may be necessary too, for instance racism support, or if victim support needs to be involved as well as the KESB (Child and Adult Protection Authority).

Another role of the Ombuds Office is to improve knowledge and expertise among specialists. This is especially important because if procedures are designed with children in mind, the decisions and measures make sense to the affected parties and their impact is sustainable as a result. Ultimately, supporting children by safeguarding children’s rights ensures better protection of children and young people. Moreover, resultant social and financial problems within society can be avoided.

 

Can a national ombuds office support children and young people locally?

Of course. Children’s rights and access to the legal system are safeguarded at the national level. Children’s (procedural) rights are the same throughout Switzerland. We guarantee country-wide access by covering all national languages, attracting the attention of digital natives in their usual environment – e.g. via chat or messenger – and removing any obstacles individuals may face in accessing the Ombuds Office.

The UN Convention on the Rights of the Child requires physical access to advice centres. However, when this entered into force in 1990, there were no digital spaces or advanced online communication. As we know, this changed rapidly. It's important that we are in tune with young people and take advantage of the latest technological possibilities. This allows us to offer children and young people across Switzerland open access to assistance from a central location.

The national set-up is also important because many family situations go beyond cantonal borders – if the mother lives in Zurich and the father in Geneva, for instance. A national approach ensures cross-cantonal cases receive quick and straightforward assistance. In our advice, we always aim to enlist close attachment figures or involved specialists located close to the child’s place of residence.

 

Does the Ombuds Office receive complaints and conduct its own grievance procedures?

No. That’s what our legal system with its courts and legal representatives is there for. A court or authority hears complaints. If a grievance procedure is necessary, then we recommend to the court or authority that they arrange free legal representation for the child, with the necessary right to access files. As an ombuds office, we act independently, objectively, impartially and transparently. If we were to conduct our own grievance procedures, we would be forced to take sides and could no longer act in a mediating capacity. We ensure the right to be heard and legal representation, but we are not a judicial entity – that is something we are very clear on. Fast solutions are key for children, rather than conducting legal proceedings, if these can be avoided through mediation.

 

The UN suggests that the ombuds office assume a supervisory role and conduct investigations. What do you think of this idea?

In the same way as we reject the idea of the ombuds office being able to lodge its own complaints, we don’t think this supervisory and investigatory role is a good idea. Successful mediation requires the trust of the children and the specialists. This is in direct contradiction with supervision and running investigations. Something we do deem necessary, on the other hand, is regular reporting to the cantons, government and parliament. Recommendations for action should be made with regard to how children’s rights can be better implemented. This too should be viewed in the context of a learning legal system.

 

Every year in Switzerland, roughly 100,000 children and young people up to the age of 18 come into contact with the legal system. How and where do they find out about the existence of your institution?

There are a number of ways. Some children and young people approach us directly – for instance, online and by phone. In other cases we are recommended by close attachment figures or specialists within the child’s environment, e.g. grandparents, foster families, guardians, directors of children’s homes, school social workers or paediatricians. Children and young people are often referred to us via triage by other psychosocial support centres too, such as 147 by Pro Juventute.

 

The UN Committee on the Rights of the Child has repeatedly stressed that education on children’s rights should be anchored as a compulsory module in school curricula. Have children’s rights come in for criticism in Switzerland?

We share the opinion that children’s rights belong in compulsory education. As such, we were disappointed that the opportunity was missed to explicitly incorporate children’s rights into the new Swiss national curriculum (Lehrplan 21). Children and young people knowing their rights forms the basis of effective child protection. Only by knowing their rights are children in a position to get help quickly. In Switzerland, we rely on the active engagement of attachment figures and specialists who inform children and young people of their rights and also refer them to existing points of contact, like the Ombuds Office.

 

Where in Switzerland is the wellbeing of children most at risk?

Most at risk are those children who find themselves in systems where they are powerless and unable to say something early enough or seek assistance. This is usually the case if they are exposed to physical, psychological or sexual abuse, they have been neglected or have experienced particular vulnerability online. These children are trapped in a vicious cycle. Identifying that children are at risk early on is possible only through the active engagement of specialists. Judges and staff in public authorities cannot decide in favour of the overriding interests of the child without this engagement. That is exactly why the right to be heard is so important. This is the only way for children to escape situations of powerlessness.

 

What are the main concerns reported by children?

Reports received frequently concern the area of child protection. These are sometimes in relation to placements – including new and return placements. Otherwise, the focus is on cases of psychological, physical or sexual abuse or neglect. We also often receive calls from children in relation to family law. In cases of divorce or separation in particular, there are concerns regarding visiting rights or the right to choose custody. There has also been a noticeable increase in the area of school law, where children and young people have been affected by school exclusions. On rarer occasions we receive reports in relation to juvenile criminal law, criminal law or law concerning asylum and aliens.

 

And what are the most pressing concerns from your point of view?

We want to offer children and young people help early or, even better, prevention; we want to help prevent escalation and avert risks to children’s wellbeing. That is the main focus of our work and our motivation for putting our heart and soul into advocating for children’s rights daily.

 

What does the future look like for the Ombuds Office for Children’s Rights?

The private foundation, which became operational in January 2021, is a temporary solution put in place until the end of 2025 at the latest. In 2026, the public ombuds office will take its place. The current solution guarantees children and young people immediate protection by preventing any gaps. It will also serve ongoing improvement in the implementation of children’s rights over the next five years and ensure the transfer of knowledge to the future ombuds office. The foundation is funded by the Swiss government and the cantons, as well as Zurich Insurance and Z Zurich Foundation. It actually serves as a pilot project and model project for the future public ombuds office, which will also operate nationally, independently and multilingually – ideally with centrally run branches in the three regions of the country. And it goes without saying that children and their rights will continue to be at the forefront of the public ombuds office too.