| Click here for a summary of Czechia’s review at the first cycle and/or the second cycle. |
28th UPR session
Date of review: 6 November 2017
Date of report adoption: 15 March 2018
Document number: A/HRC/37/4
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SUMMARY SOGIESC issues during Czechia’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
National Human Rights framework
9. European Union Agency for Fundamental Rights (EU-FRA) considered important the approval of the Action Plan for Prevention of Domestic and Gender-Based Violence 2015–2018, which defines a new set of cross-sectional priorities, including looking at the special position of persons with disabilities, persons at risk of social exclusion, seniors, homeless, Roma, migrants, and others facing multiple discrimination.
Equality and non-discrimination
15. CoE-ECRI recommended to revise the Criminal Code to include offences of incitement to violence and discrimination; public insults of racist nature; public expression, with racist aim, of an ideology which claims superiority of, or which depreciates or denigrates, a group of persons; and racial discrimination in the exercise of public office or occupation. The grounds of colour and language should also be included, 30 as well as sexual orientation and gender identity.
20. Public Defender of Rights considered inappropriate that transgender people wishing to officially change their gender, have to undergo an operation, involving sterilisation.
II. Excerpts on SOGIESC issues from the national report
Equality between women and men (recommendations no. 34, 42–47, and 88)
32. Another priority is eliminating gender stereotypes in any sphere of society and systematic gender mainstreaming. In 2016, the government launched a That’s Equality!27 campaign that deals with dispelling gender stereotypes, preventing domestic violence, and promoting work-life balance which is another key topic of the strategy. A work-life balance guidance for public administration and private organisations is being developed. Employers should support flexible ways of work, part-time jobs and home office. Both state and employers should also secure adequate capacity of pre-school facilities and other forms of children’s day care, including a greater involvement of men child care. Similarly, improvements of the capacity and quality of care for dependent persons, such as the elderly or people with disabilities, will follow. For example, the government is preparing a new Family Policy and introducing an allowance for post-natal care for fathers or a long-term care allowance for people looking after their dependent family members
Rights of LGBT people (recommendations no. 74–75)
50. The registered partnership of same-sex persons has been recognised in the Czech Republic since 2006. In many respects, it has the same or similar status as marriage of persons of the opposite sex. Registered partners are next of kin to each other, have the same rights and duties in their partnership, decide on common matters, enter into obligations together and can mutually represent each other in common affairs. Partners have the duty to support each other and together they care for the children of either partner. The partnership does not restrict the partner’s paternal responsibility or having a child entrusted in their care. In legal transactions, the partners have the same status as spouses; for instance, they can form a contract together to lease a flat and can mutually inherit property. However, some differences remain, particularly in family law. There exists no community property between the partners and a partner is not entitled to receive any widow’s or widower’s pension after the other partner dies. Registered partners are not permitted to adopt children together or use artificial conception methods.
51. Discrimination on the grounds of sexual orientation is banned by the antidiscrimination law throughout its applicability and any victim discriminated against because of sexual orientation may exercise all the options available for defending their rights. Yet some differences remain in respect of the rights of sexual minorities. Even though in 2016 the Constitutional Court cancelled the ban on adoption by registered partners, this has only allowed a partner as a single person, rather than a couple of partners, to adopt a child; moreover, a partner is not allowed to adopt the child of the other partner. Second-parent adoption of a partner’s child is proposed in several amendments to the Act on Registered Partnership that have been submitted by the government or MPs and are now discussed by the Chamber of Deputies. The attitude of the general public suggests an increasing tolerance of same-sex families. Similarly, other issues may be discussed in future including the access of single women or women in a registered partnership to assisted reproduction or the legal gender recognition of trans persons and the necessity for surgical interventions. Methodology guidance from the Ministry of Education, Youth and Sports assists teachers in educating about the rights of LGBT persons and preventing homophobia among children and youth by outlining recommended practices and literature on this topic as well as information about the organisations focusing on the rights of LGBT persons.
Illegal sterilisation (recommendations no. 80–82 and 94)
54. The law requires a patient’s written consent for sterilisation to be lawful. The doctor is required to inform the patient prior to sterilisation of the nature, consequences and risks of the intervention, in front of at least one witness. A minimum gap of seven days between the information and the consent for sterilisation for medical reasons and 14 days for sterilisation for non-medical reasons is required in order to give the patient time to consider all the circumstances of the intervention. Written informed consent includes the following: the information about the purpose, nature, benefit, consequences and risks of the intervention; advice on the alternatives to the intervention, possible future limitations and stress for the organism, the treatment mode, and the suitable prevention. Such consent also includes brief information about the anatomy of internal sex organs. By signing such consent, the doctor, the patient and the witnesses confirm that this information has been provided, received and understood. The consent, along with a record of the provision of information, forms part of the patient’s medical file. Model written informed consent has been published in the Journal of the Ministry of Health and is used by providers of healthcare services. The consent form has been translated into Roma language. The final consent must be given by the patient immediately before the operation. The Ministry of Health also supports the training of doctors and the raising of public awareness of patients’ rights.
III. Excerpts on SOGIESC issues by UN agencies
Administration of justice, including impunity, and the rule of law
25. The Committee on the Elimination of Discrimination against Women reiterated its concern regarding the low number of gender discrimination lawsuits filed and the fact that women often preferred out-of-court settlements owing to, inter alia, the financial cost of litigation and the difficulty of substantiating incidents of gender discrimination. 56 It recommended that Czechia establish a comprehensive system of free legal aid for women without sufficient means to pay for legal assistance in anti-discrimination proceedings. It also recommended that Czechia consider legislative reforms to allow for actio popularis, including in cases of gender discrimination.
30. The Human Rights Committee reiterated its concern that foreign minors awaiting deportation could be detained for up to 90 days in detention centres on grounds that were not narrowly defined, such as failure to observe their duties during their stay. The Committee on the Elimination of Racial Discrimination raised similar concerns, and was also concerned that Czechia continued to issue expulsion orders to asylum seekers arriving with invalid travel documentation prior to registering their asylum application. The Human Rights Committee recommended that Czechia ensure that detention of children was permitted only as a measure of last resort and for the shortest appropriate period, that measures were taken to ensure that the detention of foreigners was always reasonable, necessary and proportionate in the light of their individual circumstances, and was resorted to for the shortest appropriate period and only if the existing alternatives to administrative detention had been duly considered and deemed not appropriate. The Committee on the Elimination of Discrimination against Women made similar recommendations, and also recommended that Czechia take a gender-sensitive approach to the ongoing refugee inflows and to asylum claims, including in procedural matters. The Committee on the Elimination of Racial Discrimination made similar recommendations, and also recommended that Czechia ensure that the conditions of all immigration detention and reception centres were in conformity with international standards, and end the practice of issuing expulsion orders prior to registering asylum applications.
Persons with disabilities
62. The same Committee recommended that Czechia recognize the full legal capacity of all persons with all types of disability and improve access to supported decision-making. It urged Czechia to step up the process of deinstitutionalization and allocate sufficient resources for the development of support services in local communities that would enable all persons with disabilities, regardless of their impairments, gender or age, to choose freely with whom, where and under which living arrangements they would live.
IV. References to SOGIESC issues during the Working Group review
38. Angola welcomed progress in promoting and protecting human rights since the second review, including in the areas of Roma and child rights, gender equality, and the fight against human trafficking and criminality. However, challenges remained.
40. Armenia commended steps undertaken to combat racism and hatred, measures taken to promote gender equality and ensure inclusive education for all, and the National Strategy for Combatting Trafficking in Human Beings for 2016-2019.
51. Bulgaria praised the adoption of several strategies in the areas of gender equality, including for balanced representation in decision-making positions, child rights, and migration. It requested information on the first Strategy on Prevention of and Solution to Homelessness and its implementation.
53. Chile welcomed new ratifications and action plans on gender equality, the rights of the child, minorities and persons with disabilities. It remained concerned at the impact of prejudice and stereotyping on the fundamental rights of the Roma population and on refugees and asylum seekers.
54. China noted positive actions on legal reforms, plans and strategies. China remained concerned at the prevalence of gender inequality, the systematic discrimination affecting minorities and continued racial hatred and violence against the Roma; and that the rights of refugees and migrants were not effectively protected.
95. The Netherlands commended the measures taken to combat discrimination, including on the basis of sexual orientation and gender identity. It appreciated efforts to ensure gender equality and endeavours to increase the inclusion of Roma, but noted that Roma continue to be a disadvantaged group.
V. Conclusions and/or recommendations
Czechia accepted the following recommendations:
115.43. Continue working on closing the gaps that still exist between the rights enjoyed by same-sex couples, compared with couples of opposite sexes (Israel)
115.126. Implement the Education Act and other measures to strengthen gender equality (Norway);
115.131 Fully implement its gender equality programmes, including the Strategy for Equality between Women and Men, in order to address the gender equality gaps in various sectors (Namibia);
115.139. Take measures to effectively prevent and prosecute acts of domestic and sexual violence and assist victims of such violence (Thailand);
VI. Further information
You will find all documents relating to India’s third review at UPR-Info and OHCHR’s websites.