Latest developments in 2019

• Author: Jakub Tomsej
• Pages: 89-90

89

12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

There have been no legislative amendments in 2019.

12.2 Case law

Name of the court: Constitutional Court

Date of decision: 17 April 2019

Name of the parties: Golden Gastro Service, Ltd., Czech Trade Inspection Authority

Reference number: II.ÚS 3212/18

Address of the webpage:

https://nalus.usoud.cz/Search/ResultDetail.aspx?id=106812&pos=57&cnt=72&typ=resul

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Brief summary: In 2014, a hotel owner in Ostrava decided not to accommodate Russian

citizens and he was willing to accept only those Russian citizens who signed a declaration

expressing their explicit disapproval of the Russian occupation of Crimea. The owner was

fined for this measure by the Czech Trade Inspection Authority, which called it

discriminatory, and he later filed a constitutional complaint.

The Constitutional Court supported the complainant and stated that his act was not

discriminatory. It noted that it is necessary to promote diversity and healthy political

dialogue in all spheres of life, which was something that the complainant was merely trying

to do. The Court pointed to his right to express his political opinion even during his business

as he was trying to appeal to Russian citizens who could actually influence Russian political

life. The Court also stated that in this case, no suspicious ground for discrimination was

present according to current anti-discrimination legislation (in particular, the Court did not

find any nationality discrimination in the case). The Court thus cancelled and returned the

decision of the Supreme Administrative Court regarding the fine.

The decision triggered a lot of public attention and is likely to be inter preted in the sense

that people are now free to exercise their ‘right to express political opinions’ by refusing

other minority groups, including the Roma.

Name of the court: Supreme Court of Czechia

Date of decision: 27 November 2019

Name of the parties: not publicly known

Reference number: 25 Cdo 348/2019

Address of the webpage:

https://www.irozhlas.cz/sites/default/files/uploader_unmanaged/vyhlas._zneni_rozsud_1

91206-114154_cib.pdf

Brief summary: The Supreme Court ruled on the case of a Somalian student who decided

to discontinue her studies at a medical high school in Prague due to a ban on wearing a

hijab, based on a provision of the school rules, which prohibited students from wearing any

headwear at all. The restriction in the school rules related to all headwear (irrespective of

whether it was religious in nature or not) and there was no corresponding ban in respect

of other religious symbols. The student eventually filed a lawsuit demanding an apology

for discriminatory treatment and compensation of approximately EUR 2 400 (CZK 60 000).

The court of first instance as well as the court of appeal rejected her claim.

However, on 27 November 2019, the Supreme Court ruled that schools may not prohibit

Muslim students from wearing hijabs on the basis of a general prohibition of head coverings

in schools. Such a prohibition of the manifestation of one’s religion is deemed indirect

discrimination. It concluded that the applicant was indirectly discriminated against in

access to education within the scope of Section 3 of the Anti-Discrimination Act. The court