| Click here for a summary of the Czech Republic’s review at the second cycle and/or the third cycle. |
1st UPR session
Date of review: 16 April 2008
Date of report adoption: 23 May 2008
Document number: A/HRC/8/33
|
SUMMARY SOGIESC issues during the Czech Republic’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
B. Constitutional and legislative framework
2. […] In more detail, Global Rights and ILGA-Europe (ILGA) pointed out that an Anti-discrimination Bill, which was intended to impose a broad prohibition on discrimination on grounds covered by European Union anti-discrimination legislation, was rejected by the Parliament in May 2006. ILGA added that a new proposal, approved by the Government on June 11th, 2007, is pending before Parliament. ILGA recommended that the State consider the adoption of this anti-discrimination bill with a view to leveling up and ensuring equal substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination.
3. ILGA informed that while the Constitution prohibits discrimination on numerous grounds, and should be interpreted as including sexual orientation, the horizontal applicability of this provision is limited. It can be relied upon directly only where the discrimination concerns basic civil and political rights, and not for economic or social rights. Where it can be relied upon, it can be enforced against private as well as State actors, though only the State can be sued in the Constitutional Court. The constitutional prohibition of discrimination does not extend to social protection unless there is a legal right to the matter in respect of which discrimination is alleged and does not extend to education or health. According to ILGA, the limited scope of application of constitutional provisions protecting against discrimination, including on grounds of sexual orientation, constitutes a serious limitation to the implementation of Article 26 of the ICCPR which recognizes that “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law”, as well as of Article 2 (2) of the ICESCR which stipulates that “the rights enunciated in the present Covenant will be exercised without discrimination of any kind […].” The current legislation in the Czech Republic does not guarantee to all persons equal and effective protection against discrimination, in particular in the enjoyment of economic and social rights.
Equality and non-discrimination
6. ILGA noted that, in 2006, the Czech Republic introduced the Registered Partnership Act for same-sex couples, but despite such positive legal developments, there are still instances of discrimination against lesbian, gay, bisexual and transgender (LGBT) people and other human rights violations of this group in the country.
7. According to ILGA, the Penal Code does presently not provide that homophobic hate may be considered as an aggravating circumstance in the case of an attack against life or physical integrity of the victim motivated by the victim’s sexual orientation or gender identity, as the penal legislation establishes in the case of racially motivated crimes. The State does not provide consequently adequate protection against homophobic attacks. ILGA recommended including sexual orientation and gender identity in the list of aggravating circumstances in the draft Penal Code, which is currently being prepared, with a view of ensuring increased protection against violence and harassment for LGBT people.
8. ILGA also reported that there are significant problems in the area of the rights of same-sex partners as well as parental rights. While the Registered Partnership Act was adopted, the law was amended by a series of restricting and even discriminating articles. ILGA further noted that, while since 2006 the Czech Republic allows same-sex couples to enter into formal relationships (registered partnerships), registered couples are disadvantaged compared to married couples when it comes to several basic rights such as joint property rights, tenancy rights, and are excluded from joint taxation and survivor pension rights. Similarly, according to the Family Act, adoption is only open to married couples and excludes registered partners, as ILGA also reported.
9. According to ILGA, transsexual individuals in the Czech Republic have significant problems with proving the “continuity” of their legal personhood, because of the system of national identification numbers.
II. Excerpts on SOGIESC issues from the national report
4) The Czech Republic and compliance with the commitments arising from the core human rights treaties of the United Nations – Committee on the Elimination of Racial Discrimination The Committee´s main recommendations include the following: […]- To adopt a general anti-discrimination law and to mandate a special institution to promote and monitor the right to equal treatment and assist victims in bringing their claims including through legal aid (see items 8 and 19 of the Committee´s Concluding Observations, 2007)
In its Policy Statement of January 2007, the Government pledged to introduce an antidiscrimination law safeguarding the right to equal treatment and protection against discrimination according to EU directives, with a view to making the prohibition of discrimination effectively enforceable. The bill concerning equal treatment and legal tools of protection against discrimination (hereinafter referred to as the “Anti-Discrimination Bill”) safeguards the right to equal treatment and protection against discrimination on the grounds of race and ethnic origin, nationality, sex, sexual orientation, age, disability, religion, faith or world view. It prohibits discrimination in the following areas: the right to employment and access to employment; access to a profession, business or other independent gainful activity; the area of employment including remuneration; membership of and activity in trade unions, employee councils or employer organizations; membership of and activity in professional chambers including the benefits and facilities provided by such organizations to their members; social security and social benefits and facilities; health care; education and access to goods and services available to the public, including housing, and to the provision of such services. The bill describes the situations in which different treatment is not discriminatory. It specified the claims that can be filed by victims of discrimination.
According to the bill, equal treatment will fall within the competence of the Public Defender of Rights who should assist the victims filing charges in discrimination cases, conduct research, publish reports, make recommendations on issues concerning discrimination, and ensure the exchange of information with the competent EU bodies.
The bill was approved by the Government in June 2007 and is currently going through the Chamber of Deputies of the Parliament. […]
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
18. The Czech Republic also places much emphasis on the rights of all minorities, including homosexuals. In 2006 it passed the Act on Registered Partnership allowing the recognition of legal relation of same-sex couples by the State.
25. Slovenia commended the Czech Republic on the adoption of the national action plan entitled “Priorities and procedures of the Government in promoting equality of women and men”, and enquired about the concrete results of this action plan. Slovenia recommended the full integration of a gender perspective in the follow-up of the review process and that the Czech Republic consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist Czech human rights policies.
V. Conclusions and/or recommendations
The Czech Republic accepted the following recommendations:
14. To consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist Czech human rights policies (Slovenia).
VI. Further information
You will find all documents relating to the Czech Republic’s first review at UPR-Info and OHCHR’s websites.