The People's Advocate

The Ombudsman or the People's Advocate is the institution who ensures that in Romania
citizens’ rights and freedoms are respected in their relationship with public authorities. The
People's Advocate is an autonomous public authority whose existence is expressly provided
for in the Constitution of Romania in Articles 58-60.

The People’s Advocate Institution was one of the new institutional structures created by the
Constitution from 1991, along the Constitutional Court. Thus, the People’s Advocate
Institution has as purpose the defense of individuals’ rights and freedoms in their relationship
with the public authorities.

As far as I am concerned, it is very important to mention that, by the Law no. 9/2018 was
established the Child's Advocate, structure coordinated by a Deputy of the People’s
Advocate, appointed for a term of 5 years by the Standing Bureaus of the Chamber of
Deputies and the Senate, at the proposal of the People's Advocate, with the opinion of the
legal committees of the two Chambers of Parliament.

The Child’s Advocate, under the coordination of the People’s Advocate, acts to promote and
protect the rights of children under the age of 18, supports and encourages the observance and
promotion of children's rights under the present law on the protection and promotion of
children's rights. In fulfilling the mandate specific to the Field on the protection and
promotion of children’s rights, the Child’s Advocate fulfils certains duties which are to be
mentioned in the following lines.

The People’s Advocate solves the individual complaints made by the children or their
representatives, referring to the actions of the public institutions in the field of health,
education, special protection of the child, or institutions which apply custodial and non-
custodial measures. He solves any complaint in relation to the violation of one or more rights
of the child and promotes child's rights among children and adults.

The People’s Advocate scllaborates with the formal structures of the children and, if he
deems it necessary, may refer the matter to the competent authorities. I should also mention
the fact that he formulates proposals for measures aimed at encouraging the participation of
children in decision-making concerning them. He develops studies on the exercise and
observance of children's rights and recommends, where appropriate, measures to respect the
rights of the child, at the level of public polices and at legislative level, also through the
preparation of special reports.

Furthermore, he carries out unannounced visits, either ex officio or on request, together with
the representatives of the National Prevention Mechanism against torture in places of
detention, to the educational or detention centres where minors are deprived of liberty. He
immediately notifies, ex officio or upon request, the criminal prosecution bodies when he
finds clues of the commission of criminal offenses against children.

Moreover, the People’s Advocate may file a lawsuit or a criminal complaint and may
represent the minor before the court when he has been the victim of physical violence or
psychological abuse by his/her parents, legal guardian or representative, or of abuse, violence
and sexual exploitation, labour exploitation, trafficking in human beings, neglect and
exploitation, as well as any form of violence against the child, provided and sanctioned by the
domestic and international legislation to which Romania is a state party.

In my opinion, the institution is called upon to contribute to humanizing relations between the
individual and the state's organs. I chose to discuss about this issue studied during the
Constitutional Law and Political Institutions cours because I think the institution's first
vocation is to be at the service of the citizen to help him know his rights and duties to the
state institutions.

Moreover, I chose this course because, although Romanians do not understand enough about
the institution of People’s Advocate, I think that a larger number of people would appeal to it
if there was a promotion of the services offered and, this course, is one step in this process of
promotion. I also believe that there should be a greater openness to the problems of citizens
and a greater desire for involvement.