Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
13. The Ombudsman Act
The Ombudsman Act
Act of 15 July 1987
on the Human Rights Defender
(consolidated text)
Article 1.
1. The Human Rights Defender is hereby established.
2. The Human Rights Defender, hereinafter referred to as „the Defender”
shall safeguard the liberties and rights of citizens as set forth in the Constitution
and in other legal acts
2a. On matters concerning children the Defender shall co-operate with the
Children’s Rights Defender.
3. In cases involving protection of the rights and liberties of the human being
and of the citizen, the Defender shall investigate whether, due to any action or
abstaining on the part of organs, organizations or institutions responsible for the
observance and implementation of those rights and liberties, the law and principles of community life and social justice have been infringed.
Article 2.
The Defender must be a Polish citizen of outstanding legal knowledge, professional experience and high prestige due to the individual’s moral values and social
sensitivity.
Article 3.
1. The Defender shall be appointed by the Sejm upon approval of the Senate
on a motion expressed by the Speaker of the Sejm or by a group of 35 deputies.
2. Detailed procedure of nomination for the office of the Human Rights Defender shall be determined by the resolution of the Sejm.
3. The resolution of the Sejm appointing the Human Rights Defender shall
be immediately conveyed by the Speaker of the Sejm to the Speaker of the Senate.
4. The Senate shall adopt resolution on the approval of the appointment of
the Defender within one month of receipt of the Sejm’s resolution referred to in
section 3. The Senate’s failure to adopt such a resolution within one month shall be
tantamount to approval.
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