The principles underpinning the Ombud’s work, as set out in the Code of Ethics of the International Ombuds Association, are confidentiality, informality, independence, neutrality and impartiality.
In my opinion, another important principle – namely freedom from judgement – is not sufficiently reflected in the Code, even though it is partially covered by the concepts of neutrality and impartiality.
The Oxford English Dictionary gives us the following definitions of neutrality and impartiality:
- Neutrality: a neutral policy or attitude between contending parties.
- Impartiality: the quality or character of being impartial; freedom from prejudice or bias; fairness.
These definitions demonstrate that neutrality and impartiality cannot be defined without reference to a conflict between several parties. Freedom from judgement, on the other hand, is practised towards an individual without them necessarily being in a conflictual situation.
I recently had a visit from Sofia*, who contacted me to discuss a difficult situation.
After explaining to her, as I systematically do, how a visit to the Ombud works, I spontaneously added that I would consider any situations brought to me without judgement.
Sofia’s immediate reaction was tinged with incredulity (“No judgement, really?”) and I had to reassure her on that point, which resulted in us having a very profound conversation.
Firstly, I told her that I wasn’t there to make any judgement about the facts she reported, whatever they might be. On the other hand, I might evaluate, together with her, to what extent those facts complied – or not – with CERN’s Code of Conduct or other applicable texts. Then it was up to Sofia, and her alone, to determine what was best for her and what course of action to take.
But above all, and very importantly, the Ombud is not there to judge the person in question, their choices, opinions, preferences or values. Sofia, like any other visitor, was welcomed in all her diversity and complexity, without judgement.
In this bubble of trust and safety created by the Ombud, everyone can express themselves freely without having to worry that they or their actions are being judged.
Laure Esteveny
* Names have been changed.
I would like to hear your reactions and suggestions – join the CERN Ombud Mattermost team at https://mattermost.web.cern.ch/cern-ombud/.