1. What is a delegate of the Defender of Rights?
The delegate of the Defender of Rights is a volunteer appointed by the Defender of Rights. They receive people free of charge who are experiencing difficulties with an administration, a public service, or in certain situations falling within the remit of the Defender of Rights.
2. What is the role of the Defender of Rights delegate?
His role consists of:
- listen to the users ;
- analyze their situation; ;
- inform them of their rights; ;
- guide them towards the appropriate procedures; ;
- intervene with public or private bodies when this falls within the remit of the Defender of Rights.
3. In which areas can they intervene?
The delegate is primarily involved in four areas:
- relations with government agencies; ;
- advocacy for children's rights; ;
- fight against discrimination ;
- compliance with the code of ethics for law enforcement agencies.
4. Can they intervene in a dispute with a public authority?
Yes. It can be used when a person is having difficulty with:
- a town hall ;
- a prefecture ;
- the CAF; ;
- the CPAM ;
- France Travail ;
- a pension fund; ;
- a tax department ;
- any other body entrusted with a public service mission.
5. Can they intervene in cases of discrimination?
Yes. A complaint may be filed when a person believes they are being discriminated against on the basis of, among other things:
- age ;
- sex ;
- the disability ;
- the state of health ;
- The origin; ;
- the family situation ;
- beliefs; ;
- or any other criterion prohibited by law.
6. Can they intervene in a complaint involving the police or gendarmerie?
Yes. The Human Rights Defender has the authority to review complaints regarding the conduct of law enforcement officers when an individual believes that ethical standards have not been upheld.
7. Can he resolve a consumer dispute?
No. Disputes between consumers and businesses are generally handled by consumer mediators, judicial conciliators, or the courts.
8. Can they intervene in a dispute between private individuals?
Generally speaking, no. Purely private disputes between individuals are better handled through conciliation, mediation, or the civil courts.
9. Is the consultation free?
Yes. The services of the Defender of Rights and their delegates are completely free of charge.
10. How to make an appointment with a delegate?
You can:
- contact a local help desk; ;
- make an appointment online; ;
- submit a complaint directly to the Human Rights Defender online; ;
- go to a Justice and Law Centre or a Justice Point.
11. Is it mandatory to be represented by an attorney?
No. You can file a complaint with the Defender of Rights without a lawyer.
12. What documents do I need to bring?
It is recommended to bring:
- exchanged correspondence ;
- administrative decisions ;
- emails ;
- attestations ;
- Supporting documents ;
- any document that helps explain the situation.
13. Can the delegate overturn an administrative decision?
No. It does not replace a judge. It can neither annul an administrative decision nor render a judgment.
14. What specifically can the delegate do?
Depending on the case, it can:
- ask an administration for explanations ;
- facilitate dialogue ;
- Recommend a solution ;
- help put together an application file ;
- submit a complaint to the Defender of Rights.
15. Are public authorities required to follow their recommendations?
No. The recommendations are not legally binding. However, they are often taken into consideration by the relevant authorities.
16. Are the exchanges confidential?
Yes. The information provided in connection with a complaint is treated confidentially in accordance with applicable rules.
17. How long does it take to get a response?
The timeframe depends on the complexity of the case and the necessary investigations. Some simple situations can be handled quickly, while others require several months.
18. Can the Defender of Rights be contacted following a refusal by an administration?
Yes. It is even one of the most frequent situations. The Defender of Rights can examine whether the user's rights have been respected.
19. Can one simultaneously refer a matter to a court and to the Defender of Rights?
Yes. Referring the matter to the Defender of Rights does not prevent taking legal action before a competent court when necessary.
20. Why consult a delegate of the Defender of Rights?
Using a delegate has several advantages:
- Free of charge ;
- simplicity of procedures ;
- expertise in user rights ;
- help with understanding procedures ;
- dialogue with government agencies ;
- referral to appropriate remedies ;
- possibility of resolving certain difficulties without judicial proceedings.
Key points
The local delegate of the Defender of Rights is a key contact for individuals facing difficulties with a public administration, discrimination, or a violation of their fundamental rights. Free of charge, accessible without a lawyer, and present throughout the country, the delegate helps citizens assert their rights and find solutions before, or alongside, legal proceedings.