Goods and services (Directive 2004/113)

AuthorKoldinská, Kristina
9 Goods and services (Directive 2004/113)75
9.1 General (legal) context
9.1.1 Surveys and reports about the difficulties linked to equal access to and supply of
goods and services
To the knowledge of the expert, there are no specific surveys or reports about difficulties
linked to equal access to and supply of goods and services.
9.1.2 Specific problems of discrimination in the online environment/digital
market/collaborative economy
To date, there has only been one monograph on the collaborative economy which,
however, does not tackle the issue of equality.76
9.1.3 Political and societal debate
There is currently no debate on equal access to goods and services regardless of sex.
9.2 Prohibition of direct and indirect discrimination
Section 1 of the Anti-Discrimination Act also prohibits discrimination based on sex
regarding access to goods and services. This act also defines and prohibits direct and
indirect discrimination.
Act No. 634/1992 Coll., on consumer protection states in its Se ction 6 only that , ‘The
seller shall not discriminate against th e consumer when selling products or providing
9.3 Material scope
There is no specification of the material scope relating to access to goods and services.
The Anti-Discrimination Act only guarantees equal access to goods and services.
9.4 Exceptions
National law does not stipu late exceptions from the material scope regarding the content
of m edia, advertising and education. Act No 231/2001 Coll., on operation of radio and
television broadcasting ,77 stipulates that broadcasters may not include commercial
communications containing discrimination based on sex, race, colour, language, belief
and religion, political or other opinion, national or social origin, belonging to a national or
ethnic minority, property, gender, disability, age, sexual orientation or other status
(Section 48(1)l). Section 2(3) of Act No. 40/1995 Coll., on regulation of advertisements,
reads: Advertising must not be contrary to good morals, in particular it must not contain
any discrimination on grounds of race, sex or nationality or attack religious or national
feelings, endanger morality in a generally unacceptable way, reduce human dignity, or
contain pornography, violence or fear-based elements.
75 See e.g. di Torella, E. C. and McLellan, B. (2018), Gender equality and the collaborative economy European
network of legal experts in gender equality and non-discrimination, available at:
76 Pichrt, J., Boháč, R., Morávek, J. (2017) Sdílená ekonomika (Collaborative economy). Prague: Wolters
77 Zákon č. 231/2001 Sb., o provozování rozhlasového a televizního vysílání a o zmn dalších zákon.
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