Defender of Rights

Overview

The Défenseur des droits is a Constitutional independent authority competent in 5 different areas: the Rights of the users of public services, (as the national Ombud) the Defense of Children’s Rights, the non-discrimination and promotion of Equality (as the National NEB) ,  the issue of ethics in security services (police and other private security services complaints’ Commission) and the protection and reorientation of whistleblowers. Moreover, the Défenseur des droits has a protection responsibility (instruction of individual cases in all his fields of competence) and a promotional activity in order to address the improvement of access to rights and promote Equality. The French institution has powers of inquiry and powers of intervention, such as : to resolve a conflict by mutual agreement by making recommendations or through a mediation/conciliation, to intervene in support of a civil or criminal transaction, to request disciplinary action against an security officer, to request observations before a court in order, and to recommend sanctions by the administration against a physical person or legal entity at the origin of discrimination. Its actions are supported by the work of regional delegates, 570 persons working on a voluntary basis which represent the institution all over the French territory.

Brief history

The Défenseur des droits was enshrined in the Constitution on 23rd July 2008 and established by the Organic and Ordinary Laws of 29th March 2011. Laws of 29th March 2011. The institution has succeed to 4 distinct authorities: the Médiateur de la République (French Mediator/Ombud), the Défenseur des enfants (Children’s Ombudsman), the Haute Autorité de lutte contre les discriminations et pour l’égalité (HALDE, equality and anti-discrimination authority), and the Commission nationale de déontologie de la sécurité (CNDS, national commission on security ethics).

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Amicus curiae brief or similar

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
• Conciliation or mediation

Fields and grounds

Other grounds

Pregnancy, genetic characteristics, political opinions, trade union activities, philosophical opinions, family situation, physical appearance, patronym, morals, place of residence, loss of autonomy, ability to express oneself in a language other than French, bank domiciliation, quality of whistleblower.

Other mandates of the institution

Multi-mandate equality body

Responsible for whistleblower protection, Office of Ombudsman, Designated as independent mechanism under UN CRPD Article 33(2)

Institution

Management and Appointments

Management

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

The Defender of Rights is a single authority in charge of defending the rights. The Defender of Rights chairs over 3 Boards which assist him in the performance of his duties in the defense of the rights of children, the fight against discrimination and promotion of equality, as well as ethics in the field of security. Each Board has a vice-chair in the person of the appropriate deputy. The Defender of Rights is appointed by the president of the Republic but has to be confirmed in his or her functions by the Parliament (Senate and National Assembly). This mandate is non-renewable. His or her functions may only be terminated at his or her request or in the event of an obstacle according to the conditions defined by decree of the Council of State. The Defender of rights, which is an independent constitutional authority, does not receive any instructions in the exercising of his remit. The Defender of rights and his deputies may not be prosecuted, sought after, arrested, detained, or tried on the basis of the opinions they issue or the acts that they carry out in fulfilling their functions. The functions of the Defender of rights and of his deputies are not compatible with the functions of a member of the Government, of the Constitutional Council, the Supreme Judicial Council, and of the Economic, Social and Environmental Council, as well as any other elected office. Furthermore, the functions of the Defender of rights and those of his deputies are incompatible with any other public function or employment and all other professional activities, as well as any other position as chairman and member of the board of directors, or chairman and member of the executive board, chairman and member of the supervisory board, or the managing director of any company, enterprise or institution.

Procedure for nomination and appointment of management and board

The Board in charge of security ethics is composed of:

Three highly qualified individuals appointed by the President of the Senate
Three highly qualified individuals appointed by the President of the National Assembly
One member or former member of the Council of State, appointed by the Vice-chair of the Council of State
One member or former member of the Court of Cassation appointed jointly by the first President of the Court of Cassation and the Prosecutor General to said Court
Defence and Promotion of Children’s Rights Board
The Board in charge of the defence and promotion of children’s rights is composed of:

Two highly qualified individuals appointed by the President of the Senate
Two highly qualified individuals appointed by the President of the National Assembly
One highly qualified individual appointed by the President of the Economic, Social and Environmental Council
One member or former member of the Court of Cassation appointed jointly by the first President of the Court of Cassation and the Prosecutor at said Court
The Anti-Discrimination and Promotion of Equality Board
The Board in charge of the fight against discrimination and promotion of equality is composed of:

Three highly qualified individuals appointed by the President of the Senate
Three highly qualified individuals appointed by the President of the National Assembly
One highly qualified individual appointed by the Vice-chair of the Council of State
One highly qualified individual appointed by the First President of the Court of Cassation

Regional or Local offices

570

Accountability

National Parliament, Head of State, National Audit Institution