Implementation of central concepts

AuthorKoldinská, Kristina
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:
8 Public Defender of Rights, publications of conference proceedings:
publikace/. English version:
9 Proposal for an amendment to the Anti-Discrimination Act:

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