The Defender of Rights

If you disagree with a public service that infringes your rights or freedoms:

• The person who has difficulties with an administration or a public service
• His "beneficiaries" (wife or husband, children, parents, etc.)

To defend the rights of a child:

Anyone can contact the Defender of Rights if a child's rights are threatened.

• The child himself (minor under 18)
• The child's family members or legal representatives
• Medical or social services
• a neighbor, a teacher...

In case of discrimination:

• The person who feels discriminated against or their legal representatives
• Witnesses to a situation of discrimination

In the event of a breach of the rules of good conduct by a professional of the security forces:

• Anyone who has been the victim of critical behavior by a security professional
• His "beneficiaries" (wife or husband, children, parents, etc.)
• A witness to facts that could constitute a breach of the rules of good conduct

On whistleblowing issues:

Within the meaning of the law, a whistleblower is a person who reports a danger or risk to society. To be a whistleblower, you must meet certain conditions provided for by law.

• The people who sound the alarm.
• The "facilitators", i.e. the people or non-profit organizations who help and support the whistleblower in his efforts

Depending on the domain, the Defender of Rights can also be contacted by:

• Recognized associations in this field (associations for the defense of children's rights, associations for the fight against discrimination, etc.)
• French parliamentarians and French elected members of the European Parliament
• Foreign institutions that have the same functions as the Defender of Rights

The Defender of Rights is an independent institution responsible for defending individual rights and freedoms in 5 areas defined by law.

• If you have a problem with an administration or a public service.
  For example the tax department.
• If a child's rights are not respected
  Anyone can contact the Defender of Rights if the rights of a child are not respected.
  For example if we refuse to enroll a child in school or if a child is the victim of bullying.
• In case of discrimination
  Discrimination is being treated less well because of a criterion prohibited by law and in an area provided for by law.
  For example when we refuse to rent an apartment to a person because of their skin color, a disability or because they are homosexual.
• In case of non-compliance with the rules by a security professional
  Police officers, gendarmes, prison guards but also security guards are security professionals.
  They must respect professional rules.
  You can ask the Defender of Rights for help if you are the victim of a security force professional who does not apply professional rules.
  For example, a police officer refuses to register your complaint or a security guard or a gendarme insults someone.
• In case you want to issue an alert
  A whistleblower is someone who reports a danger or risk to society.
  To be a whistleblower, you must meet certain conditions provided for by law.

We study if your complaint is part of our 5 missions

The Defender of Rights can only act in the five areas of intervention assigned to it by law. When he receives a complaint he first checks that he has the right to intervene.

If your request is not part of our missions, we will direct you to the competent body.
No one is left unanswered.

When your problem is part of our missions, we look for the best solution with you.
Depending on your problem, we will inform you about the different possible solutions.
We do not act without your consent.

Mediation: the search for an amicable solution

As a priority, we seek with you a quick solution to your problem through mediation.
We seek an amicable agreement with the opposing party to avoid legal action.
This is the preferred action by delegates.

If your disagreement has no amicable solution, the lawyers of the Defender of Rights study your file.

A contradictory and impartial instruction

We collect all the elements necessary to fully understand the file.

Our investigation is neutral.
We are not the attorney for any party. The instructions are unbiased.

The procedure is adversarial: we listen to your point of view and that of the opposing party.
We study the arguments of each party.
The lawyers of the Defender of Rights study all the documents and discuss with the two parties.

It is for this reason that the investigation of complaints by the agents of the Defender of Rights sometimes takes time.

Respecting confidentiality

All communications with you or the other party are confidential.

The Defender of Rights does not provide information on cases under investigation. He only talks about the files with the parties involved.

Investigative powers of the Defender of Rights

The agents of the Defender of Rights have broad investigative powers.

They can ask for explanations by mail.
They can also summon people to a hearing or travel to carry out “on-site verifications”.
These are inspection operations, for example on company premises or on public transport.
These operations are carried out under the control of the judge.

If we do not get an answer, we can appeal to the judge in chambers to obtain the communication of any information.

Obstruction of the Defender of Rights' investigation is punishable by law. It is an offense provided for in the penal code and punishable by a sentence of up to one year in prison and a fine of €15,000.

No professional secrecy can be invoked against the Defender of Rights, except for defense secrecy.

Complementary action to legal action

Sometimes mediation is not possible and your problem requires the intervention of a judge.

When the case is brought before the court, the Defender of Rights can make observations before the judge.

Please note: in this situation you must be accompanied by a lawyer.
The Defender of Rights is not your lawyer.

The Defender of Rights can request disciplinary proceedings against an agent or a professional who has committed a fault.

When the agents of the Defender of Rights become aware of a crime or misdemeanor, they are obliged to report it to the public prosecutor.
They must ask him for permission to study the file.