General legal framework

• Author: Koldinská, Kristina
• Pages: 7-8

7

2 General legal framework

2.1 Constitution

The Czech Charter of Fundamental Rights and Freedoms (Constitutional Act No. 2/1993

Coll.), which is part of the Czech Constitution, guarantees equal rights and freedoms to

all human beings. Article 3(1) states: ‘Everyone is guaranteed the enjoyment of her

fundamental rights and basic freedoms without regard to gender, race, colour of skin,

language, faith and religion, political or other conviction, national or social origin,

membership of a national or ethnic minority, property, birth, or other statu s.’

In the Czech Constitution, there is no ban on discrimination stricto sensu.

There are no further articles in the Constitution or the Charter of Fundamental Rights

and Freedoms pertaining to equality between men and women.

The principle of equality, as one of principles of fundamental rights and freedoms can be

invoked in horizontal relations in the sense that a party to a case can use fundamental

rights as a legal argument. Fundamental rights are in general addressed to public

authorities. Nevertheless, according to the case law of the Czech Constitutional Court,

fundamental rights and their principles may influence and extend into horizontal

relations.6 However, a party to a case cannot explicitly rely on the Constitution in

horizontal relations.

2.2 Equal treatment legislation

Czech legislation contains special equal treatment legislation, in particular the Anti-

Discrimination Act. This act prohibits discrimination, including sex discrimination.

Under Section 2, the Anti-Discrimination Act defines the right to equal treatment as the

right not to be discriminated against. A number of grounds apart from sex are also

covered: race, ethnic origin, nationality, sexual orientation, age, disability, religion and

belief or opinions.

The Anti-Discrimination Act provides a definition of sex discrimination. Article 2(3) states

that discrimination on the grounds of pregnancy, maternity or paternity or sexual

identification is also considered discrimination on grounds of sex. Czech legislation uses

the term ‘gender identification’ which means the same as ‘gender identity’.

Prohibition of discrimination can be found in the Labour Code. Section 16(2) states: ‘Any

discrimination, in particular discrimination on grounds of sex, sexual orientation, racial or

ethnic origin, nationality, citizenship, social origin, gender, language, health, age,

religion or belief, property, marital and family status is prohibited in employment

relationships, relationship or duties to family, political or other sentiments, membership

and activities in political parties or political movements, trade unions or employers’

organisations; discrimination on grounds of pregnancy, maternity, paternity or sexual

identification is considered to be discrimination on grounds of sex.’

Section 4 of the Employment Act also prohibits explicitly discrimination by stating that:

‘Any discrimination is prohibited when exercising the right to employment. The right to

employment cannot be denied to a citizen on the grounds of sex, sexual orientation,

racial or ethnic origin, nationality, citizenship, social origin, gender, language, health,

6 The judgment of the Constitutional Court Pl. ÚS 38/06 of 3 April 2007 ECLI:CZ:US:2007:Pl.US.38.06.1

states ’[t]he fundamental right or freedom is the content of the relationship between the subject (bearer)

(individual and derivatives, as well as a legal person) and the addressee, which is a public authority. The

exceptions to this general construction are cases of the horizontal effect of fundamental rights, cases in

which the addressee of fundamental rights (or freedoms) is not a public authority, but a private party.’