The delegates are volunteers appointed by the Defender of Rights and hold local office hours throughout the country.

Overview

The Defender of Rights Delegate is a local representative of the Defender of Rights. Their mission is to welcome, inform, and assist free of charge any person who considers that their rights have not been respected by an administration, a public service, or in certain other situations provided for by law.

The delegate acts independently, impartially, and confidentially. They favor dialogue and the search for an amicable solution prior to any contentious proceedings. When the case requires it, they may forward it to the services of the Defender of Rights so that it can be the subject of a thorough investigation.

Their assistance is entirely free of charge.

Types of disputes handled

The Delegate may intervene in particular in the following situations:

Relations with government authorities and public services

City hall, prefecture, sub-prefecture.
CAF, CPAM, MSA.
France Travail.
National Education.
Local authorities.
Public hospitals.
Tax services.
Various public agencies.

Discrimination

Any discrimination based in particular on:

The origin; ;
sex ;
the disability ;
the state of health ;
age ;
religious beliefs ;
the opinions ;
sexual orientation ;
the family situation ;
trade union activity ;
or any other criterion prohibited by law.

Children's rights

The Defender of Rights also ensures the respect of the rights of minors.

Code of ethics of the security forces

The Defender of Rights can be contacted regarding the behavior of:

of the National Police ;
of the National Gendarmerie; ;
from the municipal police; ;
correctional officers ;
security guards performing a public service mission.

Situations outside their remit

The Delegate generally cannot intervene:

in a commercial dispute between a consumer and a professional (falling notably under consumer mediation); ;
in a purely private dispute between individuals; ;
in a dispute between two companies; ;
to modify or overturn a court decision; ;
to replace a lawyer; ;
to replace the judge; ;
when the request is clearly unrelated to the duties of the Defender of Rights.

How they can help

Depending on the available office hours, the representative can receive people:

in person ;
by phone ;
by mail ;
by email ;
sometimes during video conferences.

The consultation hours are organized notably in prefectures, sub-prefectures, town halls, Justice Access Points (Points-Justice), France Services centers, or other public reception venues.

Eligibility requirements

For the application to be reviewed:

it must fall within the remit of the Defender of Rights; ;
the facts must be sufficiently precise; ;
supporting documents must be available; ;
The applicant must be directly affected or legally represent the data subject.

In disputes with a government agency, it is recommended to have first made an inquiry or request to it.

How to find a Delegate?

You can:

consult the directory of consultation hours on the Defender of Rights website; ;
call the national telephone helpline; ;
inquire with a town hall, a Maison France Services, or a Point-Justice.

An appointment is generally recommended.

How to make a referral

Identify the competent delegate.
Make an appointment.
Prepare the useful documents.
Clearly state the facts and the steps already taken.
Provide the requested supporting documents.
The delegate is analyzing the file.
If necessary, he requests additional documents.
He seeks an amicable solution when it is possible.
If the file warrants it, he forwards it to the legal experts of the Defender of Rights.

Documents to prepare

According to the file:

identity document ;
administrative decisions ;
exchanged correspondence ;
emails ;
Supporting documents ;
so useful photographs; ;
timeline of events; ;
contact information of the persons concerned.

How the process works

The delegate:

listen to the claimant ;
Check admissibility ;
analyze the parts; ;
explain the applicable laws; ;
seek an amicable solution whenever possible; ;
contact the relevant department if necessary; ;
refer, if necessary, to another competent organization; ;
forwards the file to the departments of the Defender of Rights when a national investigation is necessary; ;
Notify the applicant of the status of their case.

Typical timeframes

They vary depending on the complexity of the case.

As a guide:

scheduling an appointment: a few days to a few weeks; ;
initial analysis: approximately two to four weeks; ;
instruction by the Defender of Rights services: often from several weeks to several months.

Possible outcomes

The file may result in:

a simple information or explanation; ;
a referral to the competent body; ;
an amicable settlement ;
an intervention with the administration; ;
mediation or a collaborative effort to find a solution; ;
a recommendation from the Human Rights Defender; ;
a decision to close the case if no legal action is possible.

Possible next steps in case of failure

If no solution is found, the petitioner may, among other things:

file an administrative appeal; ;
file a lawsuit with the appropriate court; ;
file a lawsuit with the assistance of an attorney when appropriate; ;
refer the matter to another competent independent authority, depending on the nature of the dispute.

The Human Rights Defender cannot sanction a government agency or issue a judicial ruling. However, his recommendations carry significant moral authority and are frequently followed.

Advantages and limitations

Benefits	Disadvantages
Completely free service	Does not make a decision binding
A simple and accessible procedure	Cannot overturn a judgment
Personalized support	Jurisdiction limited to the duties prescribed by law
Prioritizing the Search for an Amicable Solution	Delays sometimes lasting several months
An independent and impartial point of contact	Some government agencies may not immediately follow the recommendations
Service offices are available throughout the region	Does not replace legal proceedings when they are necessary

Main applicable texts

Article 71-1 of the Constitution.

Organic Law No. 2011-333 of March 29, 2011, on the Defender of Rights.

Law No. 2011-334 of March 29, 2011, on the Defender of Rights.

Decree No. 2011-904 of July 29, 2011, concerning the procedure applicable before the Defender of Rights.

Charter of Fundamental Rights of the European Union.

European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Representative of the Defender of Rights serves as a key point of contact when an individual encounters difficulties with a government agency, believes they are a victim of discrimination, wishes to ensure a child’s rights are upheld, or challenges the conduct of a security service. His or her intervention often makes it possible to resolve a dispute without immediately initiating legal proceedings.