Implementation of central concepts

• Author: Koldinská, Kristina
• Pages: 9-15

9

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limits of central concepts of gender

equality law

In the last five years, very few surveys have been conducted on the definition,

implementation and limits of central concepts of gender equality law. Many studies have

been published on specific topics, such as on harmonising family and private life or on

the gender pay gap etc., but none of them properly tackles central concepts of gender

equality law.

3.1.2 Other issues

Czechia is famous for its scepticism as regards equal treatment and anti-discrimination.

There are still significant problems in jurisdiction, where there is difficulty with accepting

a discrimination complaint and properly shifting the burden of proof. NGOs working on

equal treatment are often attacked. Currently, a proposal to amend the Anti-

Discriminations Act is pending. It is likely that the proposal will be rejected by the

Parliament, or at least the proposed legislation will probably be heavily attacked, as

substantial criticism has already been put forward.

On the other hand, the Public Defender of Rights is very active in the field of

discrimination, not only in issuing opinions (there is an electronic database of all opinions

issued by the Public Defender of Rights),7 but also as regards organising conferences and

publishing their results.8

3.1.3 General overview of national acts

The most relevant and general definition of central concepts is included in the Anti-

Discrimination Act. This act provides definitions of direct and indirect discrimination,

harassment and sexual harassment etc. The definitions are fully in compliance with the

EU directives.

3.1.4 Political and societal debate and pending legislative proposals

There has been no political or societal debate on central concepts of gender equality.

Currently, an important proposal for Anti-Discrimination Act amendment has been

presented, in order to introduce actio popularis and provide for an equal shift of the

burden of proof for all grounds (currently gender and race are preferred).9 This

amendment does not touch the central concepts of gender equality.

3.2 Sex/gender/transgender

3.2.1 Definition of ‘gender’ and ‘sex’

Czech legislation does not provide definitions of gender or sex. It is not expected that a

definition of gender will be included in Czech legislation in the near future. In fact, a

major debate has been launched on the Istanbul Convention and the definition of gender

and gender stereotypes included in this Convention have been strongly criticised. The

very negative attitude of some groups is basically connected to general ignorance of the

basic concepts of discrimination.

7 Public Defender of Rights, searchable database of opinions: https://eso.ochrance.cz/Vyhledavani/Search.

8 Public Defender of Rights, publications of conference proceedings: www.ochrance.cz/diskriminace/nase-

publikace/. English version: www.ochrance.cz/en/discrimination/our-publications/.

9 Proposal for an amendment to the Anti-Discrimination Act: www.psp.cz/sqw/historie.sqw?o=8&t=424.