General legal framework

• Author: Jakub Tomsej
• Pages: 13-13

13

1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the promotion

of equality

The constitutional law of Czechia includes the following articles dealing with non-

discrimination:

Article 3 of the Charter guarantees equality in access to fundamental rights and freedoms

and includes an open-ended list, expressly prohibiting discrimination on the grounds of

sex, race, colour, language, religion or belief, political or other conviction, national or social

origin, membership of a national or ethnic minority, property and birth or other status. The

Constitutional Court confirmed that age may fall under the category of ‘other status’.27

Other grounds, such as disability or sexual orientation arguably also fall under ‘other

status’.

These provisions apply to all areas covered by the directives. Their material scope is

broader than those of the directives.

The constitutional anti-discrimination provisions are directly applicable, but cannot be

enforced against private persons.

27 Constitutional Court, judgment No. II. ÚS 1609/08, of 30 April 2009.