French Defender of Rights

Date established:

2011

Mode of establishment:

Constitutional law

Status:

Independent administrative authority

Mandate/Objectives:
Since the 1st May of this year, the functions and competences of the former Mediator of the Republic, the Defender of Children, the National Commission on Security Ethics, and the High Authority in the Fight against Discrimination and for Equality have been merged into one institution called the Defender of Rights. The objective of this reform is to streamline the system guaranteeing the protection of rights under one unique authority.

The Defender of Rights exercises his function in an independent manner with regard to other institutions.

The Defender of Rights acts as a unique representative. Any person or corporate body can directly reach the Defender on various matters spanning from the defence of rights (especially children’s rights), liberties and issues of discrimination.

Beyond these functions, the Defender of Rights holds significant powers of investigation, with notably the possibility to convene the Council of State for the purpose of clarifying legal texts.

Grounds of discrimination covered:
Age, Gender, Origin, Sexual orientation, Way of life, Genetic characteristics, Disability
Health, Family/marital status, Real or assumed belonging to an ethnic group, nation or race, Surname, Political opinion,  Pregnancy, Religious beliefs, Union activity, Physical appearance


Competencies and responsibilities
The Defender of Rights can demand, upon rightful judgment, any piece of information that he deems useful relating to the persons and corporate bodies involved in the process, while respecting regular privacy protection procedures (i.e. secrecy of judicial inquiries).
The Defender of Rights can proceed to verifications: in the administrative or private offices of the persons involved, in their local offices, means of transport, and professional offices reserved for that use.
The Defender of rights can appoint territorial delegates placed under his authority. The delegate’s mission is to pursue the claims of the Defender, take part in the resolution of matters and in the promotion of his activities.
The Defender of Rights possesses other means than the power to request documents and information pertaining to the complainant’s case. He can recommend changes in legislative texts. He can be consulted on all bills which are related to his field of competence.

Main activities:

Litigation, Mediation, promotion of Equality/raising awareness activities,  recommendations to the government for reforming laws/regulations.
Publications:

Promotion of Equality:
- Consultations on equality activities (companies real estate agencies, public service etc…)
- Training
- Studies and research
- Communication and raising awareness activities

Number of complaints submitted per year:

12 000 complaints on discrimination

Number of staff:
84

Budget: 

12 million euros

Accountability:
Budget management and financial independence: yes

Address:

The Defender of Rights
7, rue Saint Florentin
75008 Paris
France

Contact:
Néphèli Yatropoulos
Advisor on European and International Affairs
nepheli.yatropoulos@defenseurdesdroits.fr

Further information

www.defenseurdesdroits.fr