GE.17-13639(E)
Human Rights Council
Working Group on the Universal Periodic Review Twenty-eighth session
6–17 November 2017
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Czechia
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 9 August 2017
Original: English
I. Preparations at national level
1. The Czech government considers the Universal Periodic Review as an important component of its active participation in safeguarding human rights through international cooperation and dialogue. The methods of implementing the recommendations adopted in the second cycle in 2012 were discussed at meetings between government and civil society representatives. The situation in specific areas was monitored by human rights government advisory bodies which are the platform for discussions between government and civil society.1 In December 2016, the Human Rights and Equal Opportunities Minister held a special meeting for government representatives and non-governmental organisations to evaluate the progress in implementing the recommendations.
2. The Human Rights Department of the Office of the Government, reporting to the Minister for Human Rights and Equal Opportunities, monitored the implementation of the recommendations throughout the period and prepared the national report. The national report drew on information from both government bodies and agencies, and non- governmental organisations. The report was discussed and commented on by the aforesaid advisory bodies. Also, the report was published on the website for the general public and civil society to have their say. After that, the report was approved by the government.
II. Implementation of recommendations given in previous review
3. In the second cycle of the Universal Periodic Review, the Czech government received 136 recommendations. The Czech government accepted 129 recommendations and took note of seven recommendations. Most of the accepted recommendations have been or are being implemented. The information on implementing the recommendations accepted and those taken note of is clustered by topic in this report. More details on the implementation of specific recommendations are given in the table appended to this report.
The report describes the developments from 2013 to 2017 and follows up the midterm report submitted by the Czech government in 2015.2
A. International obligations (recommendations no. 1–22 and 29)
4. The Czech government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on 26 August 2013 and the Optional Protocol to the Convention on the Rights of the Child on a communication procedure on 19 November 2015, the Convention on Transnational Organised Crime and its Protocol against Smuggling of Immigrants by Land, Sea and Air and Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition on 24 September 2013, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children on 17 December 2014. Amendments on the crime of aggression to the Rome Statute of the International Criminal Court were ratified on 12 March 2015, the Convention on the Protection of Children against Sexual Exploitation on 2 May 2016, the International Convention for the Protection of All Persons from Enforced Disappearance on 8 February 2017, and the Convention on Action against Trafficking in Human Beings on 29 March 2017. On 22 May 2017, the government approved and submitted to the Parliament a proposal for the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities. The government is analysing the likely impacts of ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
and ILO Convention no. 189 on Domestic Workers. The Czech government is not planning the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families because it believes these rights are ensured by the existing legislation and the measures described below.
5. The Czech Constitution provides that ratified international treaties are part of the Czech legal order and take precedence if in conflict with national legislation. Moreover, the Czech government seeks to bring the national legal order in compliance with an international treaty before its ratification. As a result, Czech laws had complied with both the Rome Statute of the International Criminal Court and the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment before their ratification.
Czech laws recognise torture and other inhuman and cruel treatment as crime and define torture in accordance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The crime of torture and the effective prosecution thereof is being analysed so that it best fulfils the purpose of the Convention.
B. Combating discrimination (recommendations no. 23, 24, 42, 57, 59, 71, 73, 76, and 122–124)
6. The basis of the Czech anti-discrimination law is the Antidiscrimination Act prohibiting discrimination in access to employment, labour relation and access to housing.
The act provides several options of defence for victims of discrimination. Victims can seek a judicial decision ordering that discrimination be stopped, its consequences be removed and the victim receive reasonable satisfaction, including monetary compensation for non- pecuniary damages. Since 2012, courts have decided a total of 60 cases. Victims can also complain to state authorities that investigate the case and may impose fines. State authorities inspect annually the equality of treatment.3 Victims can also complain to the ombudsperson, who can advise the victim on how to defend their rights. Moreover, the ombudsperson conducts research and issues reports and recommendations on discrimination. Since 2009 the ombudsperson has received more than 2200 complaints and established discrimination in 184 cases.
7. In 2017, the Parliament did not pass the proposed extension of the ombudsperson’s powers in combating discrimination. The government will continue to look for ways to ensure the most efficient protection for victims of discrimination in the Czech Republic while working with the ombudsperson and using her outputs and findings. For instance, the new system of class action may include a discrimination class action.
8. Adopted by the government in 2015, the Roma Integration Strategy 2015–2020 includes a goal of ensuring equal access to, and the protection of, rights and freedoms of the Roma community. This goal is pursued by monitoring both current and proposed legislation and policies as well as their practical impact on the Roma minority and making sure they are in compliance with the prohibition of discrimination. The legal aid system now in preparation, which is to introduce broader legal advice options for people in need as from 1 July 2018, may improve the protection of discrimination victims. Judges, public prosecutors, lawyers and administration officers are being trained in anti-discrimination law. Education promoting tolerance and respect for diversity and the raising of public awareness are part of the government’s campaign against hate violence described below in chapter H.
C. Rights of the child (recommendations no. 25, 32, 34–39, and 85–91)
9. The Czech government continues to implement the National Strategy to Protect Children’s Rights for 2012–2018. The strategy includes an objective to analyse the system of the protection of children’s rights and the options for setting up an independent mechanism to monitor the implementation of the Convention on the Rights of the Child.
Currently, the Ministry of Labour and Social Affairs is coordinating the implementation of the Convention. Also, the protection of the rights of the child is on the agenda of the ombudsperson, who deals with these issues as an independent body within its existing competence. The government will take further action using the findings of the aforesaid analysis.
10. The legislation provides that the eminent aspects in the social and legal protection of children are the best interests and the wellbeing of the child, the protection of parenthood and family, and the right between parents and children to parental upbringing and care. The specific situation of each vulnerable child must be assessed on a case-by-case basis by the authority responsible for the social and legal protection of children. Based on this assessment, an individual protection plan is prepared for the child, defining the problems and the corrective action. Officers for social and legal protection of children develop multidisciplinary collaboration through case-study conferences so that each case of a vulnerable child is addressed by all the relevant institutions and professionals such as pedagogy specialists and providers of social or healthcare services for the child and their parents.
11. Social and legal protection of children is also on the agenda of municipal officers, who receive methodology guidance from regional governments and centrally from the Ministry of Labour and Social Affairs. These authorities and bodies prepare binding methodologies and opinions, including practical steps and good practice examples, and support the training of officers in the methods of working with children and their families.
Social and legal protection of children had been standardised in order to ensure a quality, transparent and non-discriminatory system of working with vulnerable children and their families, define qualification requirements and the operating and technical conditions of social and legal protection, and unify the work of authorities providing social and legal protection of children across the country.
12. The National Strategy to Protect Children’s Rights defines the intention to transform the system of care for vulnerable children. The goal is to provide each child with an upbringing within a family environment. Where a child cannot be brought up within their own family temporarily or permanently, alternative family care is preferred to institutional care. Material poverty or lack of proper housing may not be grounds for courts or the authorities providing social and legal protection of children to remove a child from their family if the child’s parents are otherwise fit to give the child proper upbringing and fulfil their parental responsibilities. The transformation promotes de-institutionalisation and the development of a network of outreach services provided in a child’s natural environment, rehabilitating their family and aimed at allowing the child to stay with their parents.4 The Ministry of Labour and Social Affairs also provides ongoing structured support in order to develop and professionalise foster care, streamline and standardise the process of placing children in foster care, and ensure professional and other training for both foster parents and the organisations arranging foster care.5 As a result, the number of children placed in foster care has been rising since 2011 and the number of children in institutionalised care has been declining.6
13. Although Czech laws do not specifically recognise the crime of commercial sexual exploitation or the prostitution of children, such conduct is prosecuted as seduction to sexual intercourse or trafficking in children which covers any conduct related to using a
child for sexual intercourse or other forms of sexual abuse or exploitation. Also, participation in a child pornographic performance or establishing contacts with a child for sexual purposes is criminally prosecuted. Both customers and the persons benefiting from child prostitution are prosecuted within these crimes. A crime is also sexual duress, rape, sexual abuse of a child under 157, production and other handling of child pornography, and abuse of a child for pornographic production. Committing a crime on a child is an aggravating factor that justifies imposing a more severe punishment. The liability for these crimes lies also with legal entities. A dedicated phone line and an online form set up by the Czech Police hotline are in place for reporting these crimes. These methods can also be used for reporting suspicious web content, such as child pornography.8
14. The 2013 Act on Crime Victims provides that state authorities and other bodies must treat victims politely, considerately and with respect for their dignity. Under that act, victims have the right to comprehensible information about their rights and duties, the right to professional assistance, the right to privacy, the right to be protected from secondary victimisation, and the right to monetary aid to compensate to some degree for the harm suffered from the crime. Law enforcement authorities inform victims about professional assistance providers, such as the Probation and Mediation Service, lawyers and non- governmental organisations. Vulnerable victims, including children, are provided assistance free of charge. Courts, state attorney’s offices and the police have been provided a uniform methodology with advice forms and basic information for crime victims. As many as 64 special interrogation rooms for child victims and witnesses have already been established across regional police headquarters and more are being set up. All police officers have been trained in protecting child victims and witnesses of crimes against secondary victimisation.
The Czech Police collaborate with and hold training for the authorities providing social and legal protection of children, courts, state attorney's offices, schools and children’s care facilities. In addition, prevention lectures for pupils and students are held.
15. The Czech government considers any violence towards children as utterly inadmissible in any environment. Both corporal and psychical punishments are banned in schools and social or healthcare facilities. Parents may apply their upbringing methods only to a reasonable degree and must not jeopardise the child’s health or development or hurt the child’s dignity. Where a child’s favourable development within their family is put at serious risk or seriously disrupted, the court may remove the child from the parents’ care by a preliminary ruling and ultimately, if need be, restrict the parents in, or deprive them of, their parental rights. A parent or other person may commit administrative offence if they unwillingly cause bodily harm to the child, treat the child grossly or threaten to do so.
Causing bodily harm wilfully is a crime. Extreme cases are criminally prosecuted as battering a person entrusted to one’s care by maltreating that person with a high degree of abuse and pitilessness that the person regards as harsh suffering without such conduct being continual or causing bodily harm to the victim.
D. Trafficking in human beings (recommendations no. 25 and 83–87)
16. The priorities of the government’s National Strategy for Combating Trafficking in Human Beings for 2016–2019 are combating work exploitation, combating trafficking in children, and punishing offenders. The overall priority is an approach to victims that takes account of their vulnerability, the harm suffered, and gender. The strategy shall improve the identification of victims of human trafficking by raising awareness and sensitivity among the general public. Coordinated action and strengthened collaboration at all levels should help combat new forms of trafficking, such as work exploitation. In order to put the strategy into practice, the Ministry of the Interior is collaborating with other bodies and non- governmental organisations.
17. Trafficking in human beings is a constant topic in the training of police officers, judges and public prosecutors. In response to the current situation, the strategy focuses on training the persons dealing with migration and the integration of foreigners in the Czech Republic and the consular and labour inspectorate officers. Assistance to victims is supported through leaflets giving information about assistance and organisations offering advice. These leaflets have been translated into the languages spoken in the countries of origin of the most frequent victims.
18. In 2003, a special Programme Supporting and Preventing Victims of Trafficking in Human Beings in the Czech Republic was set up. As many as 204 likely victims of human trafficking had been included in the programme by 2016. Under the programme, victims of human trafficking are provided with comprehensive service9 through partner non- governmental organisations that have been addressing the issue on a long-term basis.
Collaboration with law enforcement authorities is no precondition for victims to be included in the programme.10 Foreigners collaborating with law enforcement authorities may be granted permission for long-term residence in the Czech Republic.11 The current strategy is reliant on the continuation and development of the programme.
19. Moreover, victims of human trafficking are provided psychological, social and legal aid at intervention centres. Victims can use other social services such as crisis assistance over the phone, shelters or social counselling.12 The Act on Crime Victims regards victims of human trafficking as particularly vulnerable victims. Any victim who does not speak Czech is communicated information in a language they understand. The victim’s status and rights do not depend on their residence status in the Czech Republic or willingness to collaborate with law enforcement authorities.
E. Institutional framework of human rights protection (recommendations no. 27–31)
20. The Public Defender of Rights (ombudsperson) already complies with many principles of national human rights institution according to the Paris Principles. The office of the ombudsperson is an independent institution with a budget of more than 100 million Czech crowns and 135 employees that receives and handles over 8,000 complaints each year with a success rate of over 90%. The ombudsperson’s competence and powers are regulated in a special Law on Public Defender of Rights. The role of the ombudsperson is to monitor the authorities’ adherence to law and the principles of good governance, and thus to contribute to the protection of fundamental rights and freedoms. The ombudsperson may not intervene in the business of authorities, cancel or alter their decisions. The ombudsperson may conduct independent investigations based upon a complaint or of its own accord. The ombudsperson’s conclusions may specify recommendations for rectification and demand that authorities follow these. The ombudsperson may also advise the complainant how to defend their rights. Authorities must collaborate with the ombudsperson, disclose information to it and inform it of the corrective action taken.
Otherwise, the ombudsperson communicates the case to superior authorities, the government or the general public. According to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, the ombudsperson oversees places where persons are restricted in freedom. Also, the ombudsperson is the anti-discrimination body, as described above in chapter B, and monitors the protection of the rights of foreigners and the handling of foreigners in the expulsion procedure. The ombudsperson will be assigned to monitor compliance with the Convention on the Rights of Persons with Disabilities as well.
21. The ombudsperson is elected by the Chamber of Deputies for a period of six years, and is accountable and submits its regular reports to this chamber. The ombudsperson is
independent of any other authority or body. The office of the ombudsperson is financially independent and permanently discharges the ombudsperson’s tasks. Using the findings from its work, the ombudsperson may recommend amendments to legislation, government policies or administrative procedures and submit such recommendations to the government or the Chamber of Deputies. The ombudsperson may analyse drafts of government policies and legislative measures early in the process and make comments in terms of the protection of human rights. The ombudsperson also works with academic institutions and non- governmental organisations, conducts research, organises professional conferences and publishes opinions and manuals. All information on the role of the ombudsperson is published on the ombudsperson’s website.13
22. Accrediting the ombudsperson with the Global Alliance of National Human Rights Institution Sub-Committee on Accreditation is still under consideration.
F. Roma integration (recommendations no. 33, 44, 93, 105, 121–123, 127, and 129–135)
23. The government’s Roma Integration Strategy 2015–2020 specifies measures aimed at bridging the gaps between Roma people and the rest of society in terms of education, employment, housing, and health and social care, providing the Roma community with better protection against discrimination, ensuring safe and tolerant coexistence of the Roma community and the rest of society and the development of the culture, language and involvement of the Roma community. In 2016, the government approved a methodology and indicators that will be used from 2017 to monitor and assess annually, along with civil society14, how the strategy is put into practice.
24. In terms of employment, the objective is to reduce the unemployment rate of the Roma of working age by 10%. In order to increase their employment, the Roma are provided with equal access to active employment policy tools, such as re-qualification, community service or socially beneficial jobs. It is estimated that at least 3,200 Roma job seekers made use of these tools in 2016.15 The number of Roma between 15 and 24 years of age who are not employed or in training for employment should drop by a fifth. In 2016, 451 young Roma people received support in securing their first job. Support is also provided in respect of social enterprises with a focus on poverty-stricken districts with a high density of the Roma population. A total of 33 social enterprise development projects received support in 2016.
25. In terms of housing, the objective is to reduce the Roma discrimination rate by 50%
and increase the share of households with regular housing in socially excluded localities by 20%. Access of the Roma to housing will also be supported by setting up a new system of social housing under the Act on Social Housing.16 The purpose is to provide standard housing at a reduced social rent for persons in need of a flat. Social housing development is supported by the government17 as well as municipalities, which have in place various schemes supporting housing for socially disadvantaged groups, including Roma.
26. The strategy’s goal in welfare is to ensure that Roma have access to social services.
Therefore, these services will be developed in socially excluded localities and regional and municipal authorities will monitor whether and how Roma use the social services provided in their neighbourhood. Currently, a total of 758 services for ethnic minorities or socially excluded persons are up and running. Subsidies are granted primarily to outreach social work, community work and low-threshold services in order to mobilise socially excluded people.18 The objective for socially excluded localities is to reduce the number of cases of Roma having unequal access to healthcare by 50%. Equal access of Roma to healthcare is promoted by training healthcare professionals in a sensitive approach and running
community outreach schemes to inform the Roma about prophylaxis, protection of health and a healthy lifestyle.
27. Integrating Roma children in both the pre-school and the regular education system is supported by training teachers using a culturally and socially sensitive approach, getting Roma children’s parents involved, and raising awareness in the Roma community of the importance of the pre-school education system. The last grade of the pre-school education system has been compulsory since 2017.19 Pupils coming from low-income families are provided assistance, such as free school meals.20 Financial aid to socially disadvantaged Roma students in secondary and lower-tertiary schools continues to be extended to ensure that secondary school is started and completed by at least 15% and 10% more students, respectively.21 Similarly, financial support is provided in order to ensure better higher- education accessibility in order to raise the share of university-educated Roma.22 Moreover, support is provided for educational activities for adult Roma, emphasising the development of key competencies and functional literacy.23
28. The Government Council for Roma Minority Affairs is the government institution in charge of Roma integration and participation. It is comprised of the same number of central and local government representatives and Roma community representatives. Therefore, the Council is responsible for conducting a direct dialogue on protecting and developing the Roma minority and can suggest measures aimed at better protection of the rights of the Roma. The Council and its secretariat monitor and submit to the government annual reports on the progress of the implementation of the Roma Integration Strategy and the condition of the Roma minority. Fourteen regional Roma affairs coordinators oversee Roma integration in the regions. Roma counsellors are active in some municipalities.24 The strategy aims to reinforce these mechanisms and provide them with central methodology guidance. Roma get involved in all these activities.
G. Equality between women and men (recommendations no. 34, 42–47, and 88)
29. The Government’s Strategy for Equality Between Women And Men for 2014–2020 defines governmental measures aimed at accomplishing equality between women and men in the Czech Republic in the following spheres: balanced representation of women and men in decision-making positions; equality between women and men on the labour market and in business; work-life balance; dignity and integrity of women and men; gender stereotypes; and collection of statistical data. Each year the government updates the Government Priorities and Practices in Promoting Equality between Women and Men in order to accomplish the strategy’s goals, and monitors its progress.
30. Equal representation of women and men in decision-making positions is a major goal of the strategy. The objective is to achieve at least 40% share of women in decision- making positions in both the private and public sector by 2020.25 This has resulted in preparing the Action Plan for Balanced Representation of Women and Men in Decision- making Positions for 2016–2018. Government bodies are to seek balanced representation of women and men in Government and in decision-making positions in state administration and the bodies of the legal entities with governmental majority interest. A manual for political parties is being established dealing with higher participation of women. In 2016, the Ministry of Labour and Social Affairs launched a project called 22%26 to Equality, the aim of which is to analyse the gender pay gap, recommend ways to bridge this gap, help labour inspectors in inspecting and penalising unequal pay, and run campaigns for the general public in order to close the gender pay gap as much as possible by 2020.
31. The government has also approved the Action Plan for the Prevention of Domestic and Gender-motivated Violence for 2015-2018. The main tasks are to reduce the rate of domestic violence and violence against women by reinforcing the collaboration between all stakeholders, providing better access to specialised services for victims of violence, reinforcing primary prevention schemes, setting up best practices for working with violent persons, and raising awareness among the public. In addition, gender-specific assistance schemes are being established for homeless women and men. Specific attention is paid to children who have been victims or witnesses of domestic violence. Special films and other materials are presented at schools and elsewhere to raise awareness of domestic violence.
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.
H. Combating crime and racism (recommendations no. 40, 42, 48–72, 126, and 128)
33. The Czech government adopts regular Crime Prevention Strategies, which draw on the findings from crime prevention assessments and define new objectives and priorities for central, regional and local government. The current 2016–2020 strategy continues the collaboration between central, regional and local authorities in taking a proactive approach to addressing problems, exchanging information and taking effective action. The Ministry of the Interior provides financial and methodology support for crime prevention projects at national, regional and local levels. Nationwide projects deal with the prevention of child and juvenile delinquency and the assistance to crime victims, such as special interrogation rooms or the Programme Supporting and Preventing Victims of Trafficking in Human Beings. In socially excluded areas, the programme ‘Dawn’ is successfully followed by the projects ‘Caretaker – Prevention Specialist’, and ‘Crime Prevention Assistant’.
Approximately 500 assistants have already been operating across the country, employed by the municipal police and contributing to better safety and public order observance in their neighbourhood. The Czech Police have 14 liaison officers for minorities charged with mediating contact with minority communities and building up mutual trust.
34. Czech law regards racist propaganda and racist attacks as a crime. The criminal code covers these crimes: violence against a group of people or an individual; dangerous threatening; stalking; defamation of nation, race, ethnic or other group of people; and instigation of hatred against a group of people or suppressing their rights and freedoms.
These most serious crimes are punished as crimes against humanity, such as genocide;
attack against humanity; apartheid and discrimination of a group of people; persecution of population; establishing, supporting, promoting or expressing sympathies for movements aimed at repressing human rights and freedom. Moreover, in many crimes racial motivation is specified by law as a ground for imposing a more severe sentence.28 In any other crime, racial motivation is an aggravating factor that justifies imposing a more severe punishment.
35. When prosecuting crimes motivated by racial or other type of hatred, public prosecutors attorneys pay more attention to establishing whether the offender was motivated by the fact or belief that the victim had been member of an ethnic or other group.
Victims of any crime may seek in court compensation for the harm suffered and if the offender is convicted and it is established that the harm is due to the crime, the offender is ordered by the court to compensate the victim. The victims of racist crimes are considered particularly vulnerable victims and enjoy all the additional rights described above in chapter C.
36. Apart from criminally prosecuting each individual case, the government annually prepares a policy for combating hate crime and submits annual progress reports to the Parliament. The policy includes both repression and prevention of occurrence and spread of manifested hatred including awareness lectures presented in schools. A guidance manual covering practices in investigating hate crime has been prepared for the police. An analytical and methodology material for investigating hate crime is being prepared. The policy also focuses on crimes committed on the Internet or social networks. Any person can use the Czech Police hotline and report racist crime on the Internet.29 The Judicial Academy holds courses, training and workshops for judges and public prosecutors that focus on hate crime, racism and xenophobia. Police officers are trained in the general aspects of hate- motivated crime and detecting and assessing the same.
37. In 2014, the government launched the Campaign against Racism and Hate Violence coordinated by the Agency for Social Inclusion attached to the Office of the Government.
The primary goal of the campaign is to raise awareness of hate violence and promote social tolerance of minorities and social coherence. The campaign is primarily focused on young people, teachers, local government officials and police officers. The campaign’s budget is nearly 40 million Czech crowns. The campaign officially finished in April 2017 but some activities will continue for the next five years. Working on a new campaign will start in 2018.
38. The main activities include a media campaign Against Racism and Hate Violence, which communicates how racism and hate violence may manifest itself and the ways to stand up to this phenomenon. The campaign includes the “HateFree Culture”30 Facebook page and website31 giving information dispelling the usual myths and stereotypes as well as information for the witnesses or victims of hate violence and their families. The purpose is to raise awareness of hate violence, present victims’ stories, promote positive examples, and respond to malevolent behaviour with trustworthy information. Various public institutions, establishments or shops are taking part in the campaign and promoting the campaign’s values as “Hatefree Zones”.32 Another activity is the spreading of good practices in socially excluded localities through websites and information materials for local government representatives, public administration employees and other social inclusion stakeholders. The campaign also includes educational activities for schools, for instance, the Mediation at School project trains students and teachers to resolve conflicts amicably. Training programmes for the police should enable police officers to understand the situation in socially excluded localities and improve their skills for preventing and combating hate crime and violence. Moreover, the campaign includes research into the issues likely to occur in socially excluded localities, such as usury or migration of socially excluded persons, in order to suggest action to prevent and combat these phenomena.
I. Rights of persons restricted in liberty (recommendations no. 41, 77–79, and 136)
39. In 2000, the Czech Republic was among the first countries to make a standing invitation to all special procedures of the Human Rights Council. The Czech government is
involved in intense communication with them, responds to their queries and provides the information required.33
40. Czech legislation has mechanisms in place to protect against malpractice and abuse of power by law enforcement authorities. Since 2012, the General Inspection of Security Forces (GISF) has been an independent law enforcement authority empowered to investigate crimes committed by members of the Czech Police, the Prison Service or the Customs Administration; these forces have no personal connections with GISF. The director of GISF was appointed by the government. GISF itself is supervised by bodies of the Chamber of Deputies of the Czech Parliament. Any person may request GISF to investigate whether a member of a security force has committed a crime. Like any other law enforcement authority, GISF must investigate any case within its competence. Since 2013, GISF has received a total of 415 complaints, of which criminal proceedings were initiated in 25 cases. GISF conducts reliability tests to examine how members of security forces react at the threat of a crime. Also, GISF monitors and assesses information on illegal activities of members of security forces and suggests precautionary measures, issues methodology recommendations and holds educational events for members of security forces.
41. Inspection mechanisms within security forces are in place. The Czech Police must investigate every single complaint about the behaviour of a policeman, take any corrective action necessary and inform the complainant of such action, if requested. Similarly, any person serving custody, imprisonment sentence or security detention may complain to the prison’s director or the relevant inspection bodies about ill-treatment by personnel and other violation of rules. The Prison Service must report each case to the relevant authorities and immediately take any action necessary to prevent such behaviour. In prisons, complaints are made confidentially through authorised employees without any reprisal. The public prosecutor oversees how custody, imprisonment or security detention is served. The Ministry of Justice also inspects the treatment of persons in prisons by the Prison Service.
Moreover, the treatment of any person restricted in liberty may be independently inspected by the ombudsperson as the National Preventive Mechanism under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The inspection mechanisms will continue to be monitored to ensure effective investigation of any ill-treatment.
42. The government Prison Policy primarily focuses on working with prisoners on their reintegration back into society to prevent their relapse. The restructuration of the types of prisons should facilitate working with the different types of prisoner according to their situation and needs. Support is provided for training and educating convicted persons34, giving them employment during imprisonment35 and after release, and improving treatment and pre-release preparation schemes. Probation and resocialisation schemes providing released prisoners with housing and employment are introduced and reinforced. More frequent use of alternative punishment as house arrest or pecuniary punishment is promoted. The Probation and Mediation Service monitors how these types of punishment are served to avoid their transformation into imprisonment. The conditions for serving custody or imprisonment will continue to improve, for instance, by setting up cells for fewer inmates or wards for the elderly or inmates with disabilities or convicted mothers caring for a baby. Ways to increase prison capacity will be investigated.36 The Open Prison project and the socially responsible award of public contracts to employers employing convicts or persons with a criminal record are additional initiatives to prevent relapse and for reintegration of criminal offenders into society.
43. The Czech government confirms again that it investigated the suspicion that the Czech Republic had been involved in the CIA’s rendition flights and has concluded that the suspicion is unfounded. No new facts on this issue have been established.
J. Inclusive education (recommendations no. 73 and 95–114)
44. The National Action Plan for Inclusive Education was revised by the Ministry of Education, Youth and Sports in 2012. The revision resulted in the “Consolidated Action Plan for the Execution of the Judgement of the European Court of Human Rights in the case D. H. and others v. the Czech Republic ‘Equal Opportunities’”37, which was replaced in 2014 with the “Revised Action Plan for the Execution of the Judgement of the European Court of Human Rights in the case D. H. and others v. the Czech Republic ‘Equal Opportunities’”.38 Based on this plan, a new system of providing education for pupils with special educational needs based on the inclusion of such pupils in mainstream education is effective from 1 September 2016. The legislation no longer categorises pupils by health or social status but addresses their problems in education and the necessary assistance. Pupils with special educational needs are pupils who need supportive measures in order to fulfil their educational potential or exercise or enjoy their rights on an equal basis with others.
The preferred way of educating pupils with special educational needs is their integration into mainstream education. The placement of such a pupil in a special class or school is only allowed where individual integration along with the application of supportive measures is not sufficient to fulfil their educational potential and exercise their right to education. Each case must be carefully considered by a pedagogical counselling centre.
45. The basic step is to define the pupil’s educational needs and provide the pupil with those supportive measures that will assist them in their education. A basic degree of teacher’s support is part of standard education. The counselling centre suggests other supportive measures and educational modification. The purpose is to find a specific type of assistance for the pupil with special educational needs rather than typecast them. The measures should be adequate for the pupil’s health, needs and living conditions and permit them to stay within the mainstream education. Supportive measures are provided free of charge. The education counselling centre, the school and the parents of the child collaborate on the practical implementation of the supportive measures. Where dissatisfied, the pupil or their parents as well as the school or a public authority (in particular, the authority for social and legal protection of children) may request that the National Institute for Education reviews the recommendation. Parents may also request a review of the examination report.
46. New diagnostic tools are being implemented that focus on assessing children’s independence, self-reliance, social adaptability and study habits. Standards have been established to test all pupils with special educational needs, psychological and special educational diagnostic tools have been completed to more precisely define the skills of pupils coming from different cultural backgrounds. Tests mapping the adaptive skills of these pupils have been created. Since 2013, every counselling centre in the Czech Republic has had at least one member of staff trained to use such diagnostic tools, and this training is ongoing. In 2015, the Ministry of Education, Youth and Sports published methodology guidance for diagnosing mild mental disability or assessing cognitive skills of pupils coming from socially disadvantaged backgrounds. The diagnostic process is subject to oversight by the Czech School Inspectorate.
47. An important role in integration is played by teaching assistants in primary schools, who not only help Roma pupils become accustomed to the school environment but also work with them, their families and teachers in dealing with everyday tasks. Primary schools run free-of-charge preparatory classes that prepare children for successful transition to regular education. Since 2015, preparatory classes have been open to all children, rather than just those considered to be socially disadvantaged, in order to reduce the risk of segregation of Roma children in primary education. Since 2017, the last year of pre-school education has been compulsory, and free of charge, for all children to ensure they experience success in their first year of regular education. Schools and the social and legal protection authorities of children monitor children’s school attendance and improve
collaboration with parents to ensure appropriate school attendance. The National Institute for Further Education improves teachers’ competence in inclusive education. Control mechanisms are being introduced to ensure that pupils are not wrongly included in educational programmes that do not match their educational needs, overseen by the Czech School Inspectorate and pedagogical counselling centres.
48. These measures have been producing results. Investigations by the Czech School Inspectorate carried out in schools that have five or more pupils diagnosed with a mild mental disability in the school years 2013/2014 and 2014/2015 have revealed that the share of Roma children at these schools in an educational programme designed for pupils with a mild mental disability dropped by 11% and the share of these pupils in mainstream education rose by 12%. The drop and increase in 2014–2015 were 0.5% and 0.6%, respectively, but it was an actual total decrease and increase of nearly 1,000 and approximately 2,000 pupils, respectively.39 Therefore, the number of Roma pupils in educational programmes considered appropriate for mild mental disability continues to decline and the number of Roma pupils in mainstream education continues to rise.40 More than 85% of Roma pupils are in mainstream education compared to nearly 98% of the majority population. Moreover, the Annex to the Framework Educational Programme for Basic Education governing the education of pupils with a mild mental disability was removed in 2016 and used in designing an integrative curriculum.
49. The new system of education for pupils with special educational needs helps pupils with disabilities to receive education on an equal basis with others in accordance with the Convention on the Rights of Persons with Disabilities. The changes in legislation have enhanced their right to mainstream education independently of the school’s situation and capacities; therefore, a pupil with a disability is equally as entitled to attend the catchment area school as are pupils without disabilities. The funding system has been made uniform and streamlined so that each supportive measure receives adequate funding according to its organisational demands. The tasks of teaching assistants have included the necessary assistance to pupils with severe physical disability in terms of taking care of themselves and their mobility during classes.
K. 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 anti- discrimination 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.
L. Illegal sterilisation (recommendations no. 80–82 and 94)
52. The principal means of redress for victims of illegal sterilisation is a court action seeking compensation for non-pecuniary harm suffered by breach of personal rights that can be either monetary or non-monetary. Originally, the case law considered these claims as not subject to statutory limitation. In 2008, the Supreme Court changed the legal interpretation and monetary compensation as any other monetary claims are subject to the regular statutory limitation period of three years from the occurrence of the harm. Since then courts have been rejecting claims for monetary compensation for non-pecuniary harm filed after the statutory limitation period. However, the Constitutional Court has held that the objection of statutory limitation needs to be assessed in the light of good morals, i.e.
whether a party causes the limitation of their action and whether the application of statutory limitation is too harsh on that party given the circumstances. Therefore, the Supreme Court did not admit in 2011 the objection of statutory limitation in a case of illegal sterilisation, and the patient was successful in receiving compensation. A similar decision was delivered by the Supreme Court in 2014. Other forms of redress of non-pecuniary harm, such as moral satisfaction or stopping the infringement or removing the consequences thereof, are not subject to statutory limitation and may be sought at any time. In all cases of illegal sterilisation, Czech courts established that a sterilisation without a free and informed consent was illegal and ordered that the hospital give moral satisfaction in the form of an apology. Moreover, if the legislation regulating statutory limitation were changed, it would only apply to cases that would take place after that change, in accordance with the principle of legal certainty.
53. In 2015, the Czech government discussed the draft of an act to regulate compensation for illegally sterilised persons, but did not approve it. The government carefully considered all the arguments resulting from the Czech constitutional order, the case law of Czech and international courts, including the Constitutional Court and the European Court of Human Rights, the opinions of the ombudsperson, and the recommendations of international human rights bodies. The government did not conclude the mechanism was effective and continues to believe that court action is a sufficient means of redress in terms of the government’s international obligations. It has always perceived the establishment of a compensation mechanism as an accommodating ex gratia step going beyond these obligations.
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.
M. Rights of foreigners (recommendations no. 92–93 and 115–120)
55. The Czech Republic is a party to both the Convention Relating to the Status of Refugees and the Convention Relating to the Status of Stateless Persons. The rights of any foreigner residing in the Czech Republic, i.e. migrants, asylum seekers, refugees and stateless persons, are regulated under the Act on the Residence of Foreign Nationals and Asylum Act in accordance with the constitutional order and international treaties. In 2016, nearly 500,000 foreigners were staying in the Czech Republic, of which 55% had been granted permanent residence. More than 480,000 foreigners had been staying in the Czech Republic for more than 12 months, which accounts for 4.5% of the Czech Republic’s population.41 Nearly 3,000 refugees were staying in the Czech Republic during the same year. For several years, the Czech Republic has been annually reporting between 1,000 and 1,500 asylum applications, of which approximately 500 are granted.
56. Each foreigner is advised in accordance with the Act on the Residence of Foreign Nationals that they may file court action against an expulsion decision within 10 days of its service. The court action has a suspensive effect on the enforcement of the decision if the reason for expulsion is other than a threat to national security. The court must decide the case within 60 days. The person seeking asylum is placed in a secure reception centre only for a time necessary for their identification and medical examination. Exceptionally, that person may be required to stay at the centre for longer should they pose a threat to public order, hinder their identification or fail to cooperate during the procedure and no alternative measure can be applied. The person may file a court action against their detention and the court must decide the case within days. Minor asylum seekers, families with children and other vulnerable asylum seekers are not detained.
57. The conditions for the education of foreigners in the Czech Republic are similar to those applicable to Czech nationals. The children of foreigners have the right to access free- of-charge pre-school and school education as part of compulsory school attendance. Access to secondary education and tertiary technical education is only given to foreigners with legal residence in the Czech Republic. Access to university education is not subject to restriction.
58. The protection of migrant workers is closely related to combating human trafficking and labour exploitation. Law enforcement authorities and labour inspectorate officers are trained in identifying and assisting the victims of human trafficking. In 2014–2015, the Ministry of Labour and Social Affairs ran a project Innovations as Prevention of Labour Exploitation of EU Nationals. The project was collecting other countries’ experience of labour exploitation, and the need and situation of the target group of labour exploitation.
The project was followed by an information campaign targeted at both potential victims and relevant authorities. Moreover, the project resulted in a Draft Policy for Preventing Labour
