Public Defender of Rights

Overview

The institution of the Public Defender of Rights (Ombudsman) was founded in 2001. Its main task is to defend the good governance principles. Since 2009 the Public Defender of Rights is the national equality body which provides methodological assistance to victims of discrimination, conducts research, publishes reports and recommendations, and ensures the exchange of information with international bodies. The Office of the Public Defender of Rights deals annually with approx. 8000 submissions, approx. 500 of them contain a discriminatory element.

Brief history

The Public Defender of Rights has been a national equality body pursuant to the law and applicable directives of the European Union since 2009. The Act on the Public Defender of Rights stipulates: ‘The Defender shall contribute to promotion of the right to equal treatment of all persons regardless of their race or ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions.’

The Ombudsman provides a complex legal support and assistance to victims of discrimination. The Defender cooperates with a legal NGO providing pro bono help (www.probonoaliance.cz). The Defender cooperates with the inspection bodies. The Defender also holds educational events for the main stakeholders, experts, and general public. Collaborate with the Faculty of Law on a course on anti-discrimination law. The Defender also publishes “Recommendations on non-discrimination”. The recommendations are focused on the public and address different phenomena related to discrimination. The Defender also conducts research on various anti-discrimination issues.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Amicus curiae brief or similar, Requests for constitutional review of discriminatory regulations before the Constitutional Court

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other grounds

Nationality, worldview, pregnancy, motherhood and fatherhood, gender identity, citizenship of EU

Other mandates of the institution

Multi-mandate equality body

Office of Ombudsman, Designated as independent mechanism under UN CRPD Article 33(2), NPM under National Preventive Mechanism under the Optional Protocol to the Convention against Torture, Designated body on freedom of movement under Directive 2014/54/EU Article 4

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

The Head of the Czech Equality Body is the Public Defender of Rights (Ombudsman). The Defender has its Deputy Defender. The Defender may delegate part of his/her mandate to the Deputy. The Defender’s tasks are carried out by the Office of the Public Defender of Rights. The Office of the Public Defender of Rights has in total 156 employees (approx. 100 legal officers). The protection against discrimination is ensured by the Department of Equal Treatment established within the Office. The Department has 14 employees (legal officers), some of them working part-time (recalculated number of employees is 12).

Procedure for nomination and appointment of management and board

The Ombudsman is elected by the Chamber of Deputies, the lower chamber of the Parliament. Two candidates are nominated by the President of the Republic and other two by the Senate. The term of office lasts six years. Two consecutive terms are possible.

Regional or Local offices

This institution does not have regional officies.

Accountability

National Parliament