The Public Defender of Rights

is an ombudsman in the Czech Republic. The office is based in Brno. He or she protects persons from
an act of authorities and other institutions, if it is in conflict with the law, does not comply
with the principles of democratic rule of law and good governance, against their inactivity, and in
this way he or she contributes to the protection of fundamental rights and freedoms.
The Ombudsman's main importance is seen as improving the relationship between the citizen and the
state. In this relationship, he or she does not act as an opponent of state institutions, but
should be a mediator in this relationship to help correct errors. However, for a successful
functioning it is necessary for the state administration to be aware of its errors and to take into
account the Ombudsman's recommendations and comments.

The Defender's authority covers: Czech National Bank, if it acts as an administrative authority of
the Ministry, Council for Radio and Television Broadcasting, regions and municipalities in the
exercise of state administration (but not if they decide as self-government), other administrative
authorities with jurisdiction over the entire territory of the state and the authorities subject to
them, Police of the Czech Republic (unless acting as a law enforcement authority), army, the Castle
Guard, Prison service, detention and similar facilities, public health insurance companies.
On the contrary, it does not apply to: the Parliament of the Czech Republic, the president and the
government, the Supreme Audit Office, intelligence services, law enforcement authorities, public
prosecutor's offices and courts.

The Defender has the possibility to conduct independent inquiries in the given matters and remedies
public administration errors by means of informal proposals or recommendations and, in particular,
through public pressure on the given institutions, when he has the possibility to publicly call on
the institutions to rectify their errors. As a last resort, it is possible to propose the opening
of court proceedings.
However, he or she has no right to cancel or change the decisions of the authorities and to enter
into legal disputes. Nor can the Ombudsman be regarded as an appeal body and cannot affect the
exercise of jurisdiction. However, it may submit to the Constitutional Court a petition for
annulment of a sub-legal regulation (government order, decree) or its individual provisions.

The Ombudsman acts on the basis of: 1) on the initiative of a natural or legal person addressed to
him, 2) a motion addressed to a Deputy or Senator who has forwarded it to him, 3) an initiative
addressed to one of Parliament's chambers, which referred it to him, 4) own initiative.
The complaint may be submitted in writing or orally in a report. The complaint should include, in
particular, the complainant's personal data, an account of the essential circumstances of the case
and evidence in the form of copies of documents. Documentation of communication with other
authorities is desirable as well as evidence of an unsuccessful request for redress. Such
complaints are exempt from charges.
The Ombudsman and his deputy are elected by the Chamber of Deputies for six years on the basis of
proposals from the President and the Senate. It is unimpeachable under current legislation. He or
she assumes the office by taking this oath to the President of the Chamber of Deputies. The
Ombudsman has an office and, besides his deputy, he may have assistants appointed to act on his
behalf.