Legal regulation of powers of the Public Defender of Rights in the Czech Republic Abstract The thesis is focused on the subject of legislation of the authority and competences of the Public Defender of Rights in the Czech Republic. The role and position of the Ombudsman, the lack of clarity of his scope and the possibilities for his powers, including the questions about the effectiveness and necessity to establish the institute, have always been the subject of discussions and have been the cause of the lengthy legislative process in its establishment. The scope of development is constantly evolving and expanding over time, hence the limits of his competences are not always clearly framed and are thus surrounded by different views. The thesis also mentions the historical establishment of the ombudsman as such and the process of his establishment in the Czech legal environment. Part of the work is devoted to his relationship to other public authorities and his activity in relation to the authorities of particular components of state power. Also, there is given an insight into his activities with respect to the Constitutional Court or the general courts, as well as his role in the legislative work or other activity in relation to the government. A part of the work is dedicated to the particular areas of his...

6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...

This thesis deals with the legal status of persons serving prison from the perspective of selected areas of their fundamental rights. Analyzed areas include the right to protection from torture, cruel, inhuman or degrading treatment, the right to protection of health and to free medical care, the right to be protected from any unauthorized intrusion into one's private and family life and the right to participate in the administration of public affairs through active and passive voting rights. The theory includes institutional guarantees ensuring compliance with these rights and the relevant recommendations of international organizations. Practically oriented casuistic section of the thesis is based on the direct experience gained during authoress' internship at the Czech Helsinki Committee, non- governmental human rights organization based in Prague since 1988.

Depuis une vingtaine d’années, le droit français de la non-discrimination ne cesse de s’enrichir notamment sous l'influence du droit international et européen. La multiplication des normes ne suffit pourtant pas à produire l’effet escompté ; leur complexité rend même ce droit difficilement accessible pour les travailleurs comme pour les employeurs. La création d'une autorité indépendante (2004), missionnée pour combattre les discriminations et promouvoir l’égalité, a fortement contribué à faire évoluer l'ensemble du dispositif de protection. L'absorption de la Halde par le Défenseur des droits (2011) aurait pu faire douter du maintien de l'objectif de lutte contre les discriminations au travail (lato sensu). Il n'en est rien. L'action de cette nouvelle autorité, d’assise constitutionnelle, participe de l'effectivité de l’arsenal juridique en ce domaine. En témoigne sa contribution à la mobilisation et à l'enrichissement du droit substantiel ainsi qu'au renforcement de l’action publique contre les discriminations dans l’emploi, qui sont probablement les plus nombreuses et donc significatives. Si la question politique (et constitutionnelle) demeure de savoir si le Défenseur des droits pourrait devenir un contre-pouvoir, il apparaît que, sur le plan juridique, il contribue à enrichir la substance du droit de la non-discrimination tout en œuvrant pour le renforcement et la multiplication des actions permettant de le mettre en œuvre, en particulier dans le domaine de l'emploi / Since twenty years, the non-discrimination law continues to enhance specially under the influence of the International and European Law. The multiplication of the norms isn’t however sufficient to achieve the desired effect ; their complexity even makes this law difficult to access for the employees as well as for the employers. The creation of an independent authority (2004), in charge of fighting against discrimination and promoting equality, has strongly contributed to improving the protection overall. The absorption of the Halde by the Defender of rights (2011) could have created a doubt regarding maintaining the objective of fighting against discriminations at work. It is not. The action of this new constitutional authority is involved in the effectiveness of the broad legal spectrum in this area. Evidenced by its contribution to the mobilization and the enhancement of the substantive law and the reinforcement of public action against discrimination in employment, which are probably the largest and therefore significant. If the political question (and constitutional) remains to determine if the the Defender of rights could become a counterpower, it appears that, legally, he helps to enrich the substance of the right of non-discrimination while working on the reinforcement and the multiplication of actions to enabling it’s implementation, especially in employment

The thesis deals with a legal status of the ombudsman, one of the most important institutions of human rights protection. It offers not only a detailed analysis of legal regulations of the Czech ombudsman, but it also deals with a status of the similar institutions in selected countries from different parts of the world (Slovakia, Sweden, Denmark, Italy, South Africa, Georgia, Arizona - USA and European Union. First chapter provides fundamental characteristics of the ombudsman institutions, their history and significance to society of today. Chapter two discusses the legislation of the Czech ombudsman in detail, chapter three concerns itself with foreign ombudsmen regulations. Last chapter deals with comparison of regulations of all the above mentioned countries.

This diploma thesis creates a general model of the Ombudsman Institution in Northern Europe and draws a comparison to the Public Defender of Rights in the Czech Republic. This thesis introduces a theoretical framework of this topic including definitions for control of public administration, ombudsman, classification of ombudsmen and historical evolution of this institution in selected countries. Based on the analysis of legislation in Sweden, Finland and Denmark, the general model of the ombudsman institution in Northern Europe is created. The comparison between this general model and the Public Defender of Rights Institution brings recommendations for Czech modifications. These recommendations include anchoring ombudsman institution in the Constitution of the Czech Republic, specifying education requirements of the ombudsman in the Public Defender of Rights Act, or increasing the number of ombudsmen, thereby dividing responsibility among several people specialized in certain areas.

Diploma thesis "The Public Defender of Rights as a Gender Equality Body" explores the jurisdiction of the ombudsman in the area of equal treatment and prohibition of discrimination (so-called Equality Body). The main focus of the work is the equality of men and women. The methodology used is theoretical-analytical legal analysis. The work starts with a theoretical analysis of basic terms and concepts relating to equal treatment and prohibition of discrimination. The institution and activities of the ombudsman are also defined in theory. This is followed by a legal analysis of three types. The first one is a procedural analysis of anti-discrimination laws (method of their enactment, past, present and proposed laws). This is followed by an institutional analysis of the Czech Equality Body and the impact of the ombudsman in the area of equal rights. The analytical research is concluded with a substantive legal analysis of selected cases decided by the ombudsman. Methods of feminist legal analysis have been predominantly used for the purposes of the analytical research. A wide area of the subject matter has been explored by use of this examination, which has produced a number of conclusions as well as a complete overview of the activities of the Equality Body in the Czech Republic. Possible changes,...

1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...

1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...