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, /1/ 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.

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