The role of Ombudsman in the process of protection of personal rights

Agata Jakieła

Abstract

Personal interests are mainly protected by the rule of substantive civil law in accordance to Article 23 in the Civil Code. Listed there health, freedom, dignity, freedom of conscience, name or anonym, image, secrecy of correspondence, are just examples of interests that are protected by law. Protection of personal rights is also Ombudsman's responsibility. It is a constitutional body whose specific functions are regulated in the Ombudsman's Act. The Ombudsman deals with the protection of rights and liberties of Polish citizens, as well as non-Polish citizens, which are under the authority of the Polish Repub lic. Its main task in the process of protection of personal rights is to examine whether an act or omission by the authorities, organizations and institutions obligated to respect and implement these rights and freedoms, has occurred and violated the law and the principles of coexistence and social justice. A message indicating the violation of rights and freedoms of man and citizen is a driving force for the Ombudsman to begin the procedurę to protect the rights and freedoms. One of the powers that belong to the Ombudsman is the ability to examine each case on the spot and also the possibility of having the appropriate bodies to draw up expertise reports and opinions. The Ombudsman may demand a hearing, to present the acts of each case, carried out by the supreme and central state administration bodies, government bodies and cooperative organizations bodies.