ANNEX 1: The mission of the Public Defender of Rights
»»»»»»» ANNEX 1:
The 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.
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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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