THE MISSION
OF THE DEFENDER
Pursuant to Act No. 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 democratic rule of law and good governance or in case
the authorities fail to act. If the Defender finds
shortcomings in the activities of an authority and
if subsequently the authority 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 conditions found and
elimination of ill-treatment, if applicable, is directed
both to the facilities themselves and their operators and the 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,
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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.
The special powers of the Defender include the
right to file a petition with the Constitutional Court
seeking the 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 vicepresident 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 which elected
him or her. The Defender has one deputy elected
in the same manner, who can be authorised to
assume a part of the Defender’s competence.
The Defender regularly informs the public of his
or her findings through the internet, social
networks, professional workshops, roundtables
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.