Legal regulations | Ombudsman

349

ACT
of 8 December 1999

on the Public Defender of Rights and on the
Defender of Children’s Rights

The Parliament has passed the following Act of the Czech Republic:

PART ONE
GENERAL PROVISIONS

Section 1

This Act sets out the role, competence and conditions of the activities of the Public Defender of Rights and the Defender of Children’s Rights in protecting and promoting fundamental rights and freedoms, and in promoting the principles of good governance.

Section 1a

(1) The Public Defender of Rights

(a) performs tasks relating to the protection and promotion of fundamental rights and freedoms, as set out in Section 21a;

(b) acts to protect individuals against the conduct of public authorities set forth in this Act where such conduct is at variance with the law or does not comply with the principles of a democratic State governed by the rule of law and good governance, as well as against their inaction;

(c) acts to protect persons deprived of liberty by a public authority, or as a result of their reliance on care, from torture, cruel, inhuman or degrading treatment or punishment, and other forms of ill-treatment;

(d) monitors the detention of foreign nationals, as well as the execution of administrative expulsion, transfer or transit of detained foreign nationals, and the punishment of expulsion imposed on foreign nationals in pre-removal detention or serving prison sentences followed by expulsion;

(e) exercises his or her mandate in matters relating to the right to equal treatment and protection against discrimination;

(f) exercises his or her mandate in matters relating to the right of free movement of citizens of the European Union and of countries which are Contracting Parties to the Agreement on the European Economic Area and their family members (hereinafter “EU citizens”) in accordance with the directly applicable European Union legislation governing the free movement of workers1); and

(g) performs tasks relating to the protection of the rights of persons with disabilities under the Convention on the Rights of Persons with Disabilities2) and other international treaties forming part of the legal order of the Czech Republic.

(2) The Defender of Children’s Rights
(a) perform tasks relating to the protection of the rights of the child under the Convention on the Rights of the Child and other international treaties forming part of the legal order of the Czech Republic; and

Section 1b

(1) The competence of the Public Defender of Rights under Section 1a (1)(b) above applies to ministries and other administrative authorities, the Czech National Bank when acting as an administrative authority, bodies of regional and local government in the exercise of State administration, and unless hereafter specified otherwise, the Police of the Czech Republic, Army of the Czech Republic, Castle Guard, facilities serving for remand in custody, imprisonment, protective or institutional education, forensic treatment, secure preventive detention, as well as health insurance companies (hereinafter an “authority”).

(2) The competence of the Public Defender of Rights under Section 1a (1)(c) applies to facilities, including, for the purposes of this Act:

(a) facilities serving for remand in custody, imprisonment, protective or institutional education, or forensic treatment or secure preventive detention;

(b) other places where persons deprived of liberty by a public authority are or may be confined, especially police cells, facilities for the detention of foreigners and asylum facilities; and

(c) places where persons deprived of liberty are or may be confined as a result of their reliance on care, especially social services facilities and other facilities providing similar types of care, healthcare facilities and facilities for children requiring immediate assistance.

(3) The competence of the Public Defender of Rights under Section 1a (1)(d) applies to all public authorities which are competent to carry out expulsion or which are involved in its execution.

(4) The competence of the Defender of Children’s Rights under Section 1a (2) (b) applies to authorities, as well as to bodies of regional and local government, other bodies, legal and natural persons, insofar as they exercise competence in the field of public administration.

(5) The competence under Section 1a (1) (b) and Section 1a (2) (b) does not apply to the Parliament, the President of the Republic, the Government, the Supreme Audit Office, the courts, with the exception of the bodies of State administration of courts, the Public Prosecutor’s Office, with the exception of the bodies of State administration of the Public Prosecutor’s Office, the intelligence services and prosecuting bodies.

Section 1c

(1) The provisions of this Part on the election, termination of office, removal from office and the legal status of the Public Defender of Rights, the provisions of Part Two on the activities of the Public Defender of Rights, except for Sections 21a to 21g, and the provisions of Part Three on the special rights and duties of the Public Defender of Rights apply analogously to the Defender of Children’s Rights.

(2) The provisions of this Part on the election, termination of office, removal from office and the legal status of the Public Defender of Rights and the provisions of Part Two on the activities of the Public Defender of Rights apply analogously to the person acting as the Deputy for the Public Defender of Rights and for the Defender of Children’s Rights.

Section 2

(1) The Public Defender of Rights is elected by the Chamber of Deputies for a term of office of 6 years from among candidates, of whom two are nominated by the President of the Republic, two are nominated by the Senate and two are nominated by a body composed of representatives of higher education institutions pursuant to the Higher Education Institutions Act3). Several nominations for the same candidate are admissible. No one can hold office for more than two consecutive terms.

(2) A natural person elected to the office of Public Defender of Rights must have the knowledge, experience and moral qualities necessary to perform his or her duties properly, as well as

(a) be a citizen of the Czech Republic;
(b) enjoy full legal capacity;
(c) have no criminal record;
(d) be 40 years of age or older on the day of the election;
(e) have a completed university education in a Master’s study programme; and
(f) have at least 5 years’ experience in protecting fundamental rights and freedoms in the last 10 years.

(3) A natural person elected to the office of Defender of Children’s Rights must have the knowledge, experience and moral qualities necessary to perform his or her duties properly, meet the conditions under paragraph 2 (a) to (c), as well as

(a) be 35 years of age or older on the day of the election;
(b) have a completed university education in a Master’s study programme in law; and
(c) have at least 5 years’ experience in protecting the rights of children in the last 10 years.

(4) For the purpose of evaluating the candidates nominated under paragraph 2 or 3, the Chamber of Deputies shall establish an evaluation committee of at least 9 members appointed by the Chamber of Deputies from among representatives of the scientific and academic community, civil society, national minorities and other social groups, taking into account a fair representation of men and women.

(5) In the appointment of members of an evaluation committee established to evaluate the candidates nominated for the office of the Defender of Children’s Rights, the Chamber of Deputies shall also ensure that children and organisations representing the interests of children are represented in said committee. Only a child who has reached the age of 15 may be a member of the evaluation committee.

(6) The evaluation procedure shall include a public hearing of the candidates. Members of the evaluation committee, as well as members of the Chamber of Deputies and members of the Senate, may ask the candidates questions at the public hearing. The result of the evaluation shall be delivered by the evaluation committee to the members of the Chamber of Deputies. The Chamber of Deputies shall determine the details of the method of evaluating candidates.

Section 2a

(1) The person acting as the Deputy for the Public Defender of Rights and for the Defender of Children’s Rights substitutes for the Public Defender of Rights and Defender of Children’s Rights to the full extent during their absence and when the office of the Public Defender of Rights or Defender of Children’s Rights is vacant. No later than 30 days after the Deputy’s appointment, the Public Defender of Rights shall, based on mutual agreement, authorise him or her to exercise part of the Defender’s powers, with a view to dividing these powers equally between these two persons. If no mutual agreement is reached within that period of time or if the Public Defender of Rights withdraws the authorisation, the person acting as the Deputy for the Public Defender of Rights and for the Defender of Children’s Rights shall exercise the competence of the Public Defender of Rights pursuant to Section 1a (1)(a), (c) and (e) to (g).

(2) The Public Defender of Rights, the Defender of Children’s Rights and their Deputy shall co-operate, exchange information and co-ordinate their activities in the performance of their duties.

Section 2b

The Public Defender of Rights and the Defender of Children’s Rights are based in Brno.

Section 3

(1) The office of Public Defender of Rights cannot be held simultaneously with the office of the President of the Republic, member of the Chamber of Deputies and member of the Senate, and judge, as well as with any role in public administration.

(2) The discharge of the office of Public Defender of Rights is incompatible with other profit-making activities, with the exception of management of his or her private property and activities of a scientific, educational, columnist, literary or artistic nature, so long as this is not to the detriment of the discharge of the office of Public Defender of Rights and its dignity, and does not jeopardise the trust in the independence and impartiality in the discharge thereof.

(3) The Public Defender of Rights may not be a member of any political party or political movement.

(4) If subject to compulsory military conscription, the Public Defender of Rights may not be called up for active service or the active service shall be suspended during the term of his or her office; military exercise periods thus missed shall be waived.

Section 4

(1) The Public Defender of Rights shall assume the office by taking an oath before the Speaker of the Chamber of Deputies, but not before the date following the date of expiry of the term in office of the previous Public Defender of Rights; the former Public Defender of Rights shall exercise the competence of the Public Defender of Rights until the new Public Defender of Rights takes the oath.

(2) The Public Defender of Rights shall take the following oath: “I promise on my honour and conscience that I will discharge my office independently and impartially, in accordance with the Constitution and other laws, and that I will protect the inviolability of rights.”

(3) If the Public Defender of Rights fails to take the oath within 30 days of election or if the Defender takes the oath with a reservation, he or she shall be deemed not to have been elected.

Section 5

(1) The Public Defender of Rights shall discharge his or her office independently and impartially.

(2) The Public Defender of Rights is accountable to the Chamber of Deputies.

Section 6

(1) The office of Public Defender of Rights terminates as of the date following the date when

(a) his or her term in office expires;
(b) a court judgment comes into legal force whereby the Public Defender of Rights is convicted of a criminal offence;
(c) he or she no longer meets any of the conditions for the discharge of office referred to in Section 2 (2)(a) or (b);
(d) he or she assumes an office set forth in Section 3 (1) or a role in public administration; or (e) a written letter of resignation of the Public Defender of Rights is delivered to the Speaker of the Chamber of Deputies.

(2) The termination of office on the grounds set forth in paragraph 1 above shall be announced by the Speaker of the Chamber of Deputies, who shall inform the person who has lost the office of Public Defender of Rights of this fact in writing.

(3) If the Public Defender of Rights carries out an activity which, pursuant to Section 3 (2), is incompatible with the discharge of his or her office, or if the Defender is a member of a political party or political movement, the Chamber of Deputies shall remove him or her from the office of Public Defender of Rights and inform him or her in writing accordingly; the removal shall take effect as of the date of delivery of the written notification.

(4) The Speaker of the Chamber of Deputies shall inform the Senate, the President of the Republic and the public of the removal from office; the Speaker of the Chamber of Deputies shall also inform the Chamber of Deputies of the loss of office.

(5) The election of the Public Defender of Rights shall take place within a period commencing on the sixtieth day before expiry of his or her term in office and ending on the date of expiry.

(6) If the office of Public Defender of Rights becomes vacant before termination of his or her term in office, the election of the Public Defender of Rights shall take place within 3 months.

(7) If the Public Defender of Rights is not elected within the period pursuant to paragraph 5 or 6 above, a new election shall take place within 3 months.

Section 7

(1) The Public Defender of Rights may not be criminally prosecuted without the consent of the Chamber of Deputies. If the Chamber of Deputies denies consent, criminal prosecution of the Public Defender of Rights is impossible during the term of exercise of his or her competence.

(2) The Public Defender of Rights shall maintain confidentiality of facts that he or she learns during the discharge of the office, also after the termination of the office, unless the law specifies otherwise; the same duty is also borne by employees of the Office of the Public Defender of Rights and Defender of Children’s Rights (hereinafter the “Office”) (Section 25).

(3) The Speaker of the Chamber of Deputies may release the Public Defender of Rights and the employees of the Office from the duty to maintain confidentiality under paragraph 2 above for serious reasons.

(4) Governmental bodies, including the prosecuting bodies, may inspect the files of the Public Defender of Rights or remove such files only on the basis of the law and with the consent of the Public Defender of Rights or, if he or she denies consent, with the consent of the Speaker of the Chamber of Deputies.

Section 8

(1) The office of the Public Defender of Rights and Defender of Children’s Rights is a public office.

(2) The salary, severance pay, reimbursement of expenses and benefits in kind of the Public Defender of Rights, the Defender of Children’s Rights and their Deputy are governed by the Act on Salaries and Other Conditions Associated with the Performance of Duties of State Officers and Officers of Certain Governmental Authorities, Judges, and Members of European Parliament.

(3) The Labour Code applies to the Public Defender of Rights, the Defender of Children’s Rights and their representatives, unless this Act specifies otherwise.

PART TWO
ACTIVITIES OF THE PUBLIC DEFENDER OF RIGHTS

Handling of complaints and inquiry procedure

Section 9

The Public Defender of Rights acts

(a) on the basis of complaints lodged by natural and legal persons (hereinafter “complaints”) and addressed to him or her;

(b) on the basis of complaints addressed to members of the Chamber of Deputies or the Senate, who have passed the complaints on to the Public Defender of Rights;

(c) on the basis of complaints addressed to the Chamber of Deputies or to the Senate, which have been passed to the Public Defender of Rights; or

(d) on his or her own initiative.

Section 10

(1) Everyone has the right to address the Public Defender of Rights with a written complaint in matters that fall within his or her competence pursuant to Section 1a (1)(b) and Section 1a

(2)(b)); such a complaint may also be made orally and on record.

(2) Every child has the right to address the Defender of Children’s Rights with a complaint concerning a violation of the child’s rights, directly or without the knowledge of the child’s legal representatives (hereinafter a “child’s complaint”).

(3) A complaint may not be subject to official inspection.

(4) A complaint is not subject to a fee.

Section 10a

(1) In communicating with the child, the Defender of Children’s Rights shall take into account the age and intellectual maturity of the child.

(2) The Defender of Children’s Rights shall allow the child to express his or her opinion and shall give due consideration to the child’s testimony in his or her further procedure. The child has the right to speak to the Defender of Children’s Rights without the presence of his or her legal representatives.

Section 11

(1) A complaint must contain:

(a) a description of the important facts of the case, including information as to whether the case has also been submitted to some other governmental body and, if relevant, the outcome of such proceedings;

(b) the identification of the authority and, where appropriate, the name and surname or other information concerning the identity of the person to whom the complaint relates;

(d) the name, surname and domicile (or, for a legal person, the name, seat/registered office and persons authorised to act on its behalf) of the person lodging the complaint (hereinafter a “complainant”).

(2) Where a complaint concerns an official decision, the complainant shall submit a copy of the decision.

Section 12

(1) The Public Defender of Rights shall set a complaint aside if the case in question does not fall within his or her competence or does not concern the person lodging the complaint.

(2) The Public Defender of Rights may set a complaint aside if:

(a) the requisites under Section 11 have not been supplemented within the set deadline;

(b) it is obviously unfounded;

(c) the alleged misconduct on the part of the authority could not have affected the outcome of the authority’s procedure or is of minor importance;

(c) on the date of delivery of the complaint, more than one year has elapsed from the legal force of the decision or from the measure or event to which the complaint relates;

(d) the case to which the complaint relates is subject to pending court proceedings or has already been decided by a court; or

(e) the complaint is filed in a case that has already been inquired into by the Public Defender of Rights (Sections 17 and 18) and the new complaint does not reveal any new facts.

(3) The Public Defender of Rights shall notify the complainant that the complaint has been set aside and provide the reasons for this decision and, if the notification is not made in writing, record it in the file.

(4) If a child’s complaint does not fall within the competence of the Public Defender of Rights or the Defender of Children’s Rights, the Defender of Children’s Rights shall set the complaint aside, inform the child of this fact and instruct the child on how he or she may exercise his or her rights. The Defender of Children’s Rights may also refer the complaint to the relevant public authority.

Section 13

Where, in view of its content, a complaint represents a remedy pursuant to regulations on proceedings in administrative or judicial matters, a lawsuit or remedy in administrative justice, or a constitutional complaint, the Public Defender of Rights shall inform the complainant accordingly without delay and provide instructions to the complainant as to the correct procedure.

Section 14

(1) If the Public Defender of Rights does not set the complaint aside (Section 12) or does not proceed according to Section 13, he or she shall initiate an inquiry and the complainant shall be informed in writing accordingly.

(2) Where several complaints concern the same subject matter of inquiry or are otherwise related in terms of substance and the matter may concern a violation of the rights of a child, the Defender of Children’s Rights shall initiate a joint inquiry unless the Public Defender of Rights and the Defender of Children’s Rights agree otherwise; this shall also apply in the case of a joint complaint by several complainants if one of them is a child.

(3) If an inquiry is conducted under this Part by the Defender of Children’s Rights, the provisions of this Part apply to authorities, as well as to bodies of regional and local government, other bodies, and legal and natural persons, insofar as they exercise competence in the field of public administration.

Section 15

(1) The Public Defender of Rights is authorised, with the knowledge of the heads of the authorities concerned, to enter all the authorities’ premises even without prior notice in order to carry out an inquiry involving

(a) an inspection of files and making copies and visual records thereof;
(b) questions posed to individual staff members of the authorities, in justified cases without the presence of other persons;
(c) interviewing persons placed in the facilities, also without the presence of other persons.

(2) At the request of the Public Defender of Rights, the authorities shall carry out the following within the deadline set by the Defender:

(a) provide information and explanations;
(b) submit files and other written materials;
(c) provide their statement in writing as to the facts of the case and legal issues;
(d) take such evidence as the Public Defender of Rights may suggest;
(e) perform such supervisory actions to which they are authorised by law and which the Public Defender of Rights may suggest.

(3) The Public Defender of Rights is authorised to be present at oral hearings and during the process of taking of evidence by the authorities and to give questions to the persons present.

(4) For the purposes of the procedure under paragraphs 1 to 3, the duty of confidentiality laid down by another legal regulation or imposed by a contract may not be invoked against the Public Defender of Rights.

Section 16

All governmental bodies and persons exercising public administration are obliged, within the scope of their competence, to provide any assistance requested by the Public Defender of Rights in the performance of his or her inquiry.

Section 17

If the Public Defender of Rights does not ascertain any violation of legal regulations or any other maladministration in the course of his or her inquiry, the Public Defender of Rights shall inform the complainant and the authority in writing accordingly. If this does not conflict with the interests of the child, the Defender of Children’s Rights may also inform the child’s legal representatives or the relevant body for social and legal protection of children.

Section 18

(1) If the Public Defender of Rights ascertains a violation of legal regulations or any other maladministration in the course of his or her inquiry, the Defender shall request the authority to provide a statement on his or her findings within 30 days.

(2) If the authority states in response to the request pursuant to paragraph 1 above that it has implemented or is in the process of implementing remedial measures, and the Public Defender of Rights finds these measures to be sufficient, he or she shall inform the complainant and the authority accordingly. Otherwise, following receipt of the statement
or expiry of the deadline to no effect, the Public Defender of Rights shall inform the complainant and the authority in writing of his or her final statement; the latter shall include a suggested remedy. The second sentence of Section 17 shall apply analogously.

Section 19

The Public Defender of Rights may suggest remedial measures including, but not limited to, the following:

(a) initiating proceedings on review of a decision, act or procedure of the authority if it is possible to initiate such proceedings ex officio;

(b) taking steps to eliminate inactivity;

(d) initiating prosecution for a criminal offence, infraction or some other administrative offence;

(e) providing compensation for damage or filing a claim for damages.

Section 20

(1) The authority shall inform the Public Defender of Rights within 30 days of receipt of the final statement of the remedial measures that have been adopted.

(2) If the authority fails to comply with the duty under paragraph 1 above, or if the Public Defender of Rights finds the remedial measures insufficient, the Public Defender of Rights

(a) shall inform the superior authority or, if there is no such authority, the Government;
(b) may inform the public of his or her findings, including disclosure of the names and surnames of persons authorised to act on behalf of the authority.

(3) The Public Defender of Rights may also proceed in the manner set forth in paragraph 2 above if the authority fails to comply with a duty arising from Sections 15 and 16.

Section 21

If the Public Defender of Rights acts on his or her own initiative, Sections 15 to 20 shall apply analogously.

Protecting and promoting fundamental rights and freedoms

Section 21a

(1) The Public Defender of Rights shall, for the purpose of protecting and promoting fundamental rights and freedoms

(a) systematically monitor and evaluate the implementation of fundamental rights and freedoms;

(b) carry out research, surveys and analysis in the field of fundamental rights and freedoms;

(d) promote the implementation of fundamental rights and freedoms and recommend measures to improve their protection, including recommendations under Section 22 (1);

(e) promote public awareness of fundamental rights and freedoms, including human rights education;

(f) co-operate and ensure the exchange of information with the competent international bodies monitoring the Czech Republic’s compliance with its obligations under international treaties on fundamental rights and freedoms; and

(g) co-operate and ensure the exchange of information with national and international authorities and persons active in the field of the protection of fundamental rights and freedoms, including representatives of civil society.

(2) In the performance of the tasks under paragraph 1, the Public Defender of Rights may request co-operation from public authorities. The provisions of Section 15 (1)(a) and (b), Section 15 (2)(a) to (c) and Section 15 (4) shall apply to the extent necessary to attain the purpose of paragraph 1.

(3) In the event of non-compliance with the obligation to co-operate pursuant to paragraph 2, the Public Defender of Rights may proceed analogously pursuant to Section 20 (2).

Section 21b

(1) For the performance of the tasks under Section 21a (1), the Public Defender of Rights shall establish an advisory body for the protection and promotion of fundamental rights and freedoms. The Public Defender of Rights shall inform the advisory body of his or her activities and conclusions and consult it on the main focus of his or her future work. The advisory body shall convey to the Public Defender of Rights findings and experience related to the protection and promotion of fundamental rights and freedoms from various parts of society.

(2) Members of the advisory body are appointed by the Public Defender of Rights from among experts from the scientific, academic and religious communities, representatives of civil society, national minorities and other social groups. When selecting its members, the Public Defender of Rights shall take care to ensure that the resulting composition of the advisory body reflects the social, ethnic, cultural and regional diversity of the population of the Czech Republic, including a fair representation of men and women.

(3) The details of the organisation and tasks of the advisory body shall be regulated by its statute, which shall be issued by the Public Defender of Rights.

(4) The Public Defender of Rights may also establish working groups on specific topics and activities related to the performance of tasks under Section 21a (1).

Section 21c

Visits to facilities and monitoring of expulsions

(1) The Public Defender of Rights shall exercise the competence under Section 1a (1)(c) by means of systematic visits to facilities referred to in Section 1b (2). Section 15 (1)(a) to (c), Section 15 (2)(a) to (c), Section 15 (4) and Section 16 shall apply to such visits and to the exercise of the competence referred to in Section 1a (1)(d) analogously.

(2) The Police of the Czech Republic shall inform the Public Defender of Rights sufficiently in advance of the placement of a foreign national in pre-removal detention, or of the execution of a sentence of expulsion, or of the service of a sentence of imprisonment to be followed by expulsion.

(3) After visiting a facility, after any mutually associated visits to several facilities, or following expulsion monitoring, the Public Defender of Rights shall draw up a report on his or her findings. The report may include recommendations and/or suggestions for remedial measures.

(4) The Public Defender of Rights shall request that the facility respond to his or her report, recommendations or suggestions for remedial measures within the deadline set by the Defender. The Public Defender of Rights may also request the same of the founder of the facility or the competent authorities. If the Public Defender of Rights finds their statement satisfactory, he or she shall inform the facility or its founder, or the competent authorities accordingly. Otherwise, following receipt of the statement or expiry of the deadline to no effect, the Public Defender of Rights may proceed pursuant to Section 20 (2) analogously.

(5) In the event of non-compliance with the obligation to co-operate pursuant to Sections 15 and 16, the Public Defender of Rights may proceed in a manner similar as provided under Section 20 (2).

Section 21d

Promoting the right to equal treatment

(1) The Public Defender of Rights shall contribute to the promotion of the right to equal treatment of all persons regardless of their race or ethnic origin, nationality, sex, sexual orientation, age, disability, faith, religion, belief or world view, and to this end, the Public Defender of Rights shall

(a) provide methodological assistance to victims of discrimination in lodging their applications to initiate proceedings concerning discrimination;

(b) carry out research, surveys and analysis in the field of the right to equal treatment;

(d) provide for exchange of the available information with the relevant foreign and international organisations.

(2) In the performance of the tasks under paragraph 1, the Public Defender of Rights may request co-operation from public authorities. Section 15 (1)(a) and (b), Section 15 (2)(a) to (c) and Section 15 (4) apply analogously.

(3) In the event of non-compliance with the obligation to co-operate pursuant to paragraph 2, the Public Defender of Rights may proceed analogously pursuant to Section 20 (2).

Section 21e

Enforcing the right to free movement of EU citizens

(1) With a view to facilitating the freedom of movement of citizens of the European Union in conformity with the directly applicable regulation of the European Union governing the freedom of movement for workers,1) the Public Defender of Rights shall

(a) provide methodological assistance to victims of discrimination in lodging their applications to initiate proceedings concerning discrimination;

(b) carry out research, surveys and analyses of the exercise of the freedom of movement of citizens of the European Union;

(c) issue reports, opinions and recommendations regarding issues related to the implementation of the rights of citizens of the European Union;

d) publish up-to-date information on the rights of citizens of the European Union in Czech and in at least one further official language of the European Union; and

(e) provide for exchange of the available information with the relevant national, foreign and international organisations.

(2) The Public Defender of Rights shall also perform the tasks under paragraph 1 above in matters of the freedom of movement of citizens of the European Union that are not subject to the applicable regulation of the European Union in the area of the freedom of movement for workers.

(3) In the performance of the tasks under paragraph 1, the Public Defender of Rights may request co-operation from public authorities. Section 15 (1)(a) and (b), Section 15 (2)(a) to (c) and Section 15 (4) apply analogously.

(4) In the event of non-compliance with the obligation to co-operate pursuant to paragraph 3, the Public Defender of Rights may proceed analogously pursuant to Section 20 (2).

Protecting and promoting the rights of people with disabilities

Section 21f

(1) The Public Defender of Rights shall, for the purpose of protecting and promoting the rights of persons with disabilities under the Convention on the Rights of Persons with Disabilities2) perform tasks analogous those under Section 21a (1).

(2) In the performance of the tasks under paragraph 1, the Public Defender of Rights may request co-operation from public authorities and institutions referred to in Section 1b (2) and other institutions providing services to people with disabilities, in particular social services facilities, healthcare facilities, school facilities and schools, including higher education institutions. Section 15 (1)(a) to (c), Section 15 (2)(a) to (c) and Section 15 (4) apply analogously.

(3) Employers in the sheltered labour market shall only be obliged to provide the Public Defender of Rights with information on their activities in relation to the protection of the rights of persons with disabilities at his or her request, to the extent appropriate to their circumstances, in the performance of the Defender’s tasks under paragraph 1.

(4) In the event of non-compliance with the obligation to co-operate pursuant to paragraph 2, the Public Defender of Rights may proceed analogously pursuant to Section 20 (2).

Section 21g

(1) In performing his or her tasks under Section 21f (1), the Public Defender of Rights shall co-operate with persons with disabilities and non-governmental, non-profit legal entities that advocate for their rights and interests. For this purpose, the Public Defender of Rights has created an advisory body.

(2) The advisory body under paragraph 1 shall be composed of persons with disabilities and persons advocating for their rights and interests. The members of the advisory body shall be appointed by the Public Defender of Rights after consultation with legal entities associating persons with disabilities. The details of the organisation and tasks of the advisory body shall be regulated by its statute, which shall be issued by the Public Defender of Rights.

(3) The Public Defender of Rights may also establish working groups on specific topics and activities related to the performance of tasks under Section 21f (1).

Protecting and promoting the rights of the child

Section 21h

(1) In order to protect and promote the rights of the child arising in particular from the Convention on the Rights of the Child and other international treaties which are part of the legal system, the Defender of Children’s Rights shall perform similar tasks as the Public Defender of Rights under Section 21a (1).

(2) Notification by public authorities, persons entrusted with the exercise of social and legal protection, schools and school facilities, providers of health and social services, other facilities intended for children or notification by their employees of violations of the rights of the child does not constitute a breach of confidentiality under any other legal regulation.

(3) In the performance of his or her tasks under paragraph 1, the Defender of Children’s Rights may request co-operation from public authorities, facilities referred to in Section 1b (2), schools and school facilities, as well as other facilities intended for children. Section 15 (1)(a) to (c), Section 15 (2)(a) to (c) and Section 15 (4) apply analogously.

(4) In the event of non-compliance with the obligation to co-operate pursuant to paragraph 4, the Public Defender of Rights may proceed analogously pursuant to Section 20 (2).

Section 21i

(1) The Defender of Children’s Rights shall, in the performance of his or her tasks under Section 21h (1), co-operate with children and legal entities advocating for their rights and shall establish an advisory body for this purpose.

(2) Children between the ages of 12 and 18 may be appointed as members of the advisory body. They may remain members of the advisory body until they reach the age of 21 years. The members of the advisory body shall be appointed by the Defender of Children’s Rights after consultation with non-governmental, non-profit legal entities that associate or advocate for children and adolescents. The details of the organisation and tasks of the advisory body shall
be regulated by its statute, which shall be issued by the Defender of Children’s Rights.

(3) The Defender of Children’s Rights is also authorised to establish working groups on specific topics related to the performance of tasks under Section 21h (1), whose members may be children and persons advocating for their rights.

PART THREE
SPECIAL POWERS AND DUTIES OF THE PUBLIC DEFENDER OF RIGHTS

Section 22

(1) The Public Defender of Rights may recommend the adoption, amendment or cancellation of a legal regulation or internal rule and the ratification of an international treaty regulating the rights and obligations of persons. The recommendation shall be made to the authority whose competence is concerned and to the Government if it concerns statutory law, an international treaty regulating the rights and obligations of persons or a Government regulation or resolution. The Public Defender of Rights may also comment on materials submitted to the Government if they have been submitted to the comment procedure and concern the competence of the Public Defender of Rights.

(2) An authority must communicate its opinion on the recommendation referred to in the first sentence of paragraph 1 to the Public Defender of Rights within 60 days from the date of its receipt. Section 20 (2) applies analogously.

(3) The Public Defender of Rights may file motions and participate in court proceedings before the Constitutional Court, a disciplinary tribunal and the general courts in cases specified by the law.

(4) The Public Defender of Rights may nominate lay judges for registration in the list of lay judges for proceedings concerning civilian enforcement officers pursuant to a law governing matters of civilian enforcement officers; the provisions of Section 1c (1) do not apply.

Section 23

(1) By 31 March of each calendar year, the Public Defender of Rights shall submit to the Chamber of Deputies a written annual report on the activities of the Public Defender of Rights during the past year. The report shall also be sent for information to the Senate, the President of the Republic, the Prime Minister, the Government ministries and other central administrative authorities, a body composed of representatives of higher education institutions3), or other public authorities as the Public Defender of Rights may deem appropriate, and the Defender shall also release it to the public in a suitable manner.

(2) The Public Defender of Rights shall systematically inform the public of his or her activities under this Act and of any findings resulting from his or her activities. The Public Defender of Rights shall publish in a suitable manner reports on visits to facilities and reports on monitoring of expulsions, including statements received, and selected reports on completed inquiries in individual matters; Section 20 (2) (b) applies analogously.

Section 24

(1) The Public Defender of Rights shall submit to the Chamber of Deputies

(a) information on his or her activities, at least once every 3 months;
(b) a report on individual cases where adequate remedial measures have not been achieved even after the procedure under Section 20;
(c) recommendations under Section 22 in respect of legislation or the ratification of an international treaty governing the rights and obligations of persons.

(2) The Chamber of Deputies shall discuss reports and information submitted by the Public Defender of Rights.

(3) The Public Defender of Rights may participate in meetings of the Chamber of Deputies and its bodies pertaining to matters concerning the Defender’s competence, even if the meeting or part thereof has been declared closed to the public. The Public Defender of Rights shall be given the floor if he or she so requests.

PART FOUR
FINAL PROVISIONS

Section 25

(1) The Office performs tasks related to the professional, organisational and technical support of the activities of the Public Defender of Rights, the Defender of Children’s Rights and their Deputy. The Office is an organisational component of the State.

(2) The Office is led by the Head of the Office. The Head of the Office shall be appointed and dismissed by the Public Defender of Rights after consultation with the Defender of Children’s Rights and their Deputy.

(3) The details of the organisation and tasks of the Office, co-ordination, mutual co-operation and dispute resolution in the performance of tasks arising from the competence provided for by this Act, as well as the participation of the Defender of Children’s Rights in the management of the Office shall be regulated by the statute, which shall be issued by the Public Defender of Rights after consultation with the Defender of Children’s Rights and their Deputy.

(4) Assistants may be appointed to the Public Defender of Rights for the performance of tasks in the exercise of his or her competence.

(5) The employment of an assistant shall arise upon appointment and shall be governed by the Labour Code, unless this Act specifies otherwise. An assistant shall be appointed and removed by the Head of the Office on the basis of a proposal of the Public Defender of Rights.

(6) A citizen who has no criminal record and who has completed university education in a Master’s study programme in law and has carried out preparatory practice in the Office for at least 12 months may be appointed as an assistant. The condition of lack of criminal record shall not be met by a person who has been validly convicted of a crime, unless he or she is considered not to have been convicted.

(7) The Public Defender of Rights, the Defender of Children’s Rights and their Deputy may delegate the Office’s employees to perform tasks in the exercise of their competence.

Section 26

Expenses for the activities of the Public Defender of Rights, the Defender of Children’s Rights, their Deputy and the Office are covered by a separate chapter of the State budget.

Section 27

(1) The salaries of the Office’s employees are governed by the legal regulations concerning salaries of employees in public services and administration.

(2) Members of the advisory body referred to in Sections 21b, 21g and 21i, or their legal representatives, are entitled to the reimbursement of travel expenses in connection with their participation in the meetings of the advisory body, in the amount and under the conditions laid down for employees in an employment relationship; the regular place of work for these purposes shall be deemed to be at the place of residence of the member of the advisory body
or the legal representative.

(3) The costs of personal assistance services and guide or interpreter services related to the discharge of the office of a member of an advisory body shall be covered by the Office’s budget.

Section 28

Legal force

This Act enters into force on the sixtieth day following its publication.

Klaus, signed
Havel, signed
Zeman, signed

Notes:
1) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (codified version), as amended. Articles 4 and 7 (2) of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers.

2) Act No. 133/2000 Coll., on population records and birth identification numbers and on amendment to certain laws the Population Records Act), as amended.

2) Convention on the Rights of Persons with Disabilities, promulgated under No. 10/2010 Coll. of International Treaties.

3) Section 92 (1)(b) of Act No. 111/1998 Coll., on higher education institutions.

5) Act No. 40/1993 Coll., on acquisition and loss of citizenship of the Czech Republic, as amended.

ACT of 8 December 1999

on the Public Defender of Rights and on the Defender of Children’s Rights

PART ONE GENERAL PROVISIONS