The Defender of Rights can:
1. Investigate a potential violation of your human rights
At the end of the investigation, the Defender of Rights will issue an opinion on whether there has been a violation of your rights or not. Please note that the Defender of Rights cannot change or amend the decisions of courts or state institutions.
The Defender of Rights will generally advocate for settlements, especially when it comes to issues related to relationships with public services. Those settlements may take multiple forms, such as financial transactions or mediations, with the Defender of Rights acting as the mediator.
It may also request that sanctions be taken against an agent or a professional who has committed a fault. This is especially relevant for complaints related to misconducts in the field of security. Furthermore, the Defender may provide recommendations to resolve the conflict.
The opinion of the Defender of Rights is not binding on state institutions, but they can take it into account when deciding on your compensation claim. For example, if the Defender of Rights has issued an opinion that your human rights have been violated, you can claim compensation for such a violation based on that opinion. The Defender or Rights’ opinion can help you defend your claim in the court or institution examining your claim.
2. Help to prevent future violations of a similar kind against you or other persons
If the Defender of Rights’ investigation reveals a problem in a law or the practice of state institutions, it can propose changes to them to prevent future violations.
3. Help you to understand your human rights and explain how better to defend them
If you are not sure if your human rights have been violated or whether the Defender of Rights can investigate your case, you can contact the Defender of Rights before you make an application by several means:
- meet a delegate
- call (+33 9 69 39 00 00)
The Defender of Rights can help you with various human rights related questions, but keep in mind that it cannot act as your lawyer, give unlimited free legal aid or represent you in court.
The Defender of Rights cannot:
The Defender of Rights can only fulfil the tasks which are outlined under the Constitution or the organic law. Therefore, it cannot:
- revoke or change decisions of courts or state institutions
- examine the evidence in court cases
- punish state officials or private individuals
- give you compensation for a violation of your human rights
- provide legal advice not related to your human rights
- write applications to courts or state institutions or write other legal documents for you
- represent you in the European Court of Human Rights or other international body