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 thus contributes to the enforcement of the right to equal treatment of all persons
regardless of their race or ethnicity, nationality, gender, sexual orientation, age, disability, religion, belief or
worldview.
For that purpose, 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.
Since 2011, the Defender has also been monitoring
detention of foreign nationals and performance of
administrative expulsion. Beginning in 2018, the Defender helps 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. As from 2018, the Defender also monitors the fulfilment of rights of people with disabilities.
The special powers of the Defender include the right
to file a petition with the Constitutional Court seeking
abolishment of subordinate legal regulations, the right
to become an enjoined party in Constitutional Court
proceedings on abolishment of an act or its part, the
right to lodge action to protect a general interest or
application to initiate disciplinary proceedings with the
president or vice-president of a court. The Defender
can 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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