Remedies and enforcement

• Author: Jakub Tomsej
• Pages: 61-72

61

6 REMEDIES AND ENFORCEMENT

6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Czechia, the following procedures exist for enforcing the principle of equal treatment:

Civil judicial procedures (tort claim)

Section 10 of the Anti-Discrimination Act introduced the possibility of a general anti-

discrimination civil action. Victims of discrimination have the right to demand that

‘discrimination be stopped, and that redress and satisfaction be given. Only when this

would be unsatisfactory, in particular where the dignity of the person and their respect in

society was considerably affected, do victims also have the right to claim monetary

compensation’.181 In addition, victims of discrimination can bring an action in accordance

with special provisions of the Employment Act.182 Section 133a of the Civil Procedure

Code183 and the shift of the burden of proof apply in both cases. The procedure is binding

for the parties. There are no different procedures for employment in the private and public

sectors.

According to a recent judgment of the Czech Supreme court, discrimination claims may

also be filed following the death of the discriminated person by its close persons (such as

close relatives) if they feel personally affected by the discrimination.184

Criminal judicial procedures

The Criminal Code sets penalties for crimes relating to racial discrimination and

discrimination on the grounds of religion or belief.185

The Criminal Code covers only the most serious incidents, such as those involving racial

hatred or violence, and acts motivated by hatred, violence on grounds of religion or belief

or propagation of neo-Nazism. Crimes of racial hatred or violence or on the grounds of

religion or belief are part of a group defined as crimes that gravely affect community

relations, under Sections 352, 355 and 356 of the Criminal Code. These are crimes of

violence against a group or an individual as a member of that group; crimes of defamation

of a nation, ethnic group, race, belief or conviction; instigation of hatred against a group

of persons and restriction of the rights and liberties of a group or an individual as a member

of that group. Furthermore, support and expressions of support for movements aiming to

suppress the rights and freedoms of others are punishable according to Sections 402 and

403 of the Criminal Code. The procedure is binding. There are no different procedures for

employment in the private and public sectors.

Administrative judicial procedures

The Code of Administrative Court Procedure regulates judicial review of administrative

decisions.186 Besides other things the court reviews the decisions of administrative bodies,

which have identified as discriminatory certain practices of petitioners. The procedure is

181 This is the exact formulation of the law, but in court practice, monetary compensation for discrimination is

rarely awarded.

182 See Act No. 435/2004 on Employment, 13 May 2004, Section 4(10).

183 Act No. 99/1963, Civil Procedure Code, 4 December 1963.

184 Supreme Court of the Czech Republic (Nejvyšší soud), No. 30 Cdo 2260/2017, 13 December 2017;

http://www.nsoud.cz/Judikatura/judikatura_ns.nsf/WebSearch/97BBF6819C18E0CFC12582550041967C?op

enDocument&Highlight=0.

185 Criminal Code (Trestní zákoník), 1 January 2010.

186 Act No. 150/2002, Code of Administrative Court Procedure (Soudní ád správní), 1 January 2003.