ANNEX 1: Mission of the Public Defender of Rights »»»»»»» ANNEX 1: Mission of the Public Defender of Rights Pursuant to Section 349/1999 Coll., on the Public Defender of Rights, as amended, the Public Defender of Rights (Ombudsman) protects persons against the conduct of authorities and other institutions if such conduct is contrary to the law, does not correspond to the principles of a democratic rule of law and good governance or in case the authorities fail to act. If the Defender finds errors in the procedure of an authority and if the authority subsequently fails to provide for a remedy, the Defender may inform the superior authority or the public. Since 2006, the Defender has acted in the capacity of the national preventive mechanism pursuant to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The aim of the systematic visits is to strengthen the protection of persons restricted in their freedom against ill-treatment. The visits are performed in places where restriction of freedom occurs ex officio as well as in facilities providing care on which the recipients are dependent. The Defender generalises his or her findings and recommendations concerning the conditions in a given type of facility in summary reports on visits and formulates general standards of treatment on their basis. Recommendations of the Defender concerning improvement of the ascertained conditions and elimination of ill-treatment, if applicable, are directed both to the facilities themselves and their operators as well as central governmental authorities. In 2009, the Defender was also given the role of the national equality body pursuant to the European Union legislation. The Defender provides assistance to victims of discrimination, carries out research, publishes reports and issues recommendations with respect to matters of discrimination, and ensures exchange of available information with the relevant European bodies. 24 Since 2011, the Defender has been monitoring detention of foreign nationals and the performance of administrative expulsion. Since 2018, the Defender has helped foreign nationals who are EU citizens and reside or work in the Czech Republic, advises them of their rights and provides them with assistance in cases of suspected discrimination on the grounds of nationality. Effective from 2018, the Defender has been active as a monitoring body in the sense of the U.N. Convention on the Rights of Persons with Disabilities. The Defender publishes reports and issues recommendations regarding issues related to the fulfilment of rights of people with disabilities. For this purpose, it has created an advisory body. The special powers of the Defender include the right to file a petition with the Constitutional Court seeking the abolishment of a secondary legal regulation, the right to become an enjoined party in Constitutional Court proceedings on annulment of a law or its part, the right to lodge an action to protect a general interest or to file an application to initiate disciplinary proceedings with the president or vice-president of a court. The Defender may also make recommendations to the Government concerning adoption, amendment or repealing of a law. The Defender is independent and impartial, accountable for the performance of his or her office only to the Chamber of Deputies, by which he or she was elected. The Defender has one Deputy elected in the same manner, who can be authorised to assume a part of the Defender’s responsibilities. The Defender regularly informs the public of his or her findings through the Internet, social networks, professional seminars, round tables and conferences. The most important findings and recommendations are summarised in the Annual Report on the Activities of the Public Defender of Rights submitted to the Chamber of Deputies of the Parliament of the Czech Republic.

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