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Now, these mandate concerning gender equality broadened the
scope of competence of the ombudsman in many ways. First of all,
when it comes to gender discrimination we can deal with complaints
pertaining to the civil service which is normally excluded from the
ombudsman scope of competence. I mean civil service relations within
the civil service it can be career, promotion or other issues. It further
extended the ombudsman’s field of intervention to include the private
sectors specifically for employment issues in collaboration with a labor
inspectorate. Then it extended its possibility to mediate till the first
actual hearing in court while usually the ombudsman can intervene
before a person address the court. And last, the ombudsman has also
a role in promoting equal opportunities and taking preventive actions.
So, this has transformed a lot the intervention of the ombudsman.

Now especially when it comes to gender equality it includes
employment, vocational training, self-employment, direct and indirect
discrimination where indirect discrimination exists when a general
rule but appears to be common for everybody in reality discriminates
against women, I give some examples later and even sexual harassment
at a work place.
So, a lot of issues also concern the family status because gender
equality has to do also with the family status of all members both 3 rd INTERNATIONAL SYMPOSIUM ON OMBUDSMAN INSTITUTIONS
parents, issues of pregnancy maternity, etc.
Now one important methodological tool in this area has been shifting
of the burden of proof which means that in the area of discrimination
more generally but also in terms of gender, as far as civil proceedings
and complaints to the relevant authorities are concerned the
complainant should bring to the attention of the competent body facts
from which it is possible to infer that an instance of discrimination
has taken place while the defendant should fully prove that no such
discrimination occurred. Of course it is not just a matter of saying
pretending that something happened. But if there is a sufficient proof
to start the investigation then the other side has to prove that there
has been no discrimination. This is a very powerful tool although it has
also some difficulties. And the ombudsman also has to clarify how to
work with this new innovative instrument as well as the court of course
at the end.

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