UNITED NATIONS

HRI

International Human Rights Instruments

Distr.GENERAL

HRI/CORE/CZE/20099 June 2009

Original: ENGLISH

CORE DOCUMENT FORMING PART OF THE REPORTSOF STATES PARTIES

CZECH REPUBLIC *

[23 April 2009]

CONTENTS

Paragraphs Page

I.INTRODUCTION 1 ‑ 1053

A.Demographic, economic, social and cultural characteristicsof the Czech Republic 1 ‑ 433

B.The constitutional, political and legal structure of theCzech Republic 44 ‑ 10515

II.GENERAL FRAMEWORK FOR THE PROTECTION OFHUMAN RIGHTS 106 ‑ 14329

A.Acceptance of international conventions on human rights andfreedoms 106 ‑ 11029

B.Legal framework for the protection of human rights at thenational level 111 ‑ 11731

C.Institutions established for the purpose of the protection andsupport of human rights 118 ‑ 14133

D.The process of preparation of reports at the national level 142 ‑ 14338

III.INFORMATION ON NON‑DISCRIMINATION AND EQUALITYAND THE MEANS OF PREVENTING DISCRIMINATION ANDINEQUALITY 144 ‑ 15438

I. INTRODUCTION

A.Demographic, economic, social and cultural characteristicsof the Czech Republic

1.The area of the Czech Republic is 78,866 kmand as of 31 December 2007 the number of inhabitants was 10,323.000 people. The population density was calculated 130 inhabitants per square kilometer.

2.The increase in the number of children born alive recorded since 2002 has slightly slowed down and in 2008 the number of children born alive was 91,300. The index for the total fertility sum (defined as children born alive per woman which is within the reproduction age) in 2007 increased up to 1.49 (1.33 in 2006). The total number of inhabitants in the Czech Republic has been continuously increasing in the past four years although up until the year 2005 it was solely due to foreign immigration into the Czech Republic. The population growth in 2006 with 36,100 people was the highest since the formation of the autonomous Czech Republic in 1993.

3.The growth of the birth rate in the Czech Republic since 2002 was preceded by its dramatic decrease compared to the previous period when even the gradual decrease in number of death rates still indicated the population decrease. This situation was not compensated even by the positive balance of migration and therefore since 1994 the population in the Czech Republic was decreasing. This trend of the total population balance has been reversed in 2003 since when the population has been on the increase but solely due to the majority of immigrants from abroad. 3

4.During the year 2006 there were 105,800 children born alive in the Czech Republic which makes 3,600 more than in the previous year and at the same time it is the most since the year 1995 when the number of children born alive decreased below a hundred thousand for the first time. The five‑year period between 2001‑2005, within the context of evaluation of the long‑term development of the birth rate, meant a change of this trend and radical decrease was replaced by the increase. The year 2005 was after ten years again the year when the number of births surpassed the limit of 100,000.

5.Fertility is still low and does not sustain current population levels over the long‑term. The continuation of postponing the maternity until an older age is illustrated by the fact that the average age of a mother continues to rise, in 2007 to 29.1 years, in 2008 to 29.3 years.

6.The number of concluded marriages from January to September 2008 was 4,000 lower than in the same period the year before. There were 44,700 marriages concluded in total. At the same time there were 23,400 divorces during the first three quarters of 2008, this situation can be compared to the same period of the year 2007, when there were 23,200 registered divorces. The intensity of divorcing has now for several years been stabilised at the level of around 50.0 per cent.

7.In the year 2007 life expectancy at birth increased to 73.7 years for men and 79.9 years for women, compared to the previous period.

8.The composition of the population in terms of the general representation of men and women is stable: women have a slightly higher population representation. On 31 December 2005, out of a total population of 10,251.079, women were represented by 51.2 per cent. Between 2000‑2004, it was always 51.3 per cent. The representation of women and men within the age categories varies. The population of men is slightly more prevalent until the age of 30. The proportion of men and women is relatively equal between the age of 30 and 49. The population prevalence of women starts from the age of 50 and increases with age. In the age group 70‑79 years the proportion of women to men is 60.4 per cent to 39.6 per cent and in older age groups 69.6 per cent to 30.4 per cent.

9.The presented data is summarized in the following table:

Index

Measuring unit

2002

2003

2004

2005

2006

2007

Population

Population (middle class)

Thousand p eople

10 200.774

10 201.651

10 206.923

10 234.092

10 266.646

10 323.000

Age

0 ‑ 14

Thousand p eople

1 605

1 571

1 539

1 514

1 490

1 477

15 ‑ 64

Thousand p eople

7 180

7 211

7 240

7 275

7 308

7 391

65+

Thousand p eople

1 416

1 420

1 428

1 445

1 469

1 513

Thereof: women

Thousand p eople

5 236

5 233

5 235

5 243

5 254

5 275

Life expectancy at birth

Men

Years

72.1

72

72.5

72.9

73.4

73.7

Women

Years

78.5

78.5

79.0

79.1

79.7

79.9

Born alive in 1,000 inhabitants

%

9.1

9.2

9.6

10

10.3

11.1

Dead in 1,000 inhabitants

%

10.6

10.9

10.5

10.5

10.2

10.1

Natural growth/ decline in 1,000 inhabitants

%

‑ 1.5

‑ 1.7

‑ 0.9

‑ 0.6

0.1

0.1

Marriages in 1,000 inhabitants

%

5.2

4.8

5

5.1

5.1

5.5

Divorces in 1,000 inhabitants

%

3.11

3.22

3.24

3.06

3.06

3

Divorces in 100 m arriages

%

60.2

67.1

64.3

60.4

59.4

National accounts

Production

CZK (Billion) Current price

6 033.2

6 385.4

7 060.5

7 531.9

8 421.4

9 193.5

(previous year = 100)

% Permanent p rice

103.1

105.1

106.8

105.6

110.8

107.6

Intermediate consumption

CZK (Billion) Current price

3 793.1

4 042.3

4 528.2

4 845. 6

5 516.6

5 987.2

(previous year = 100)

% Permanent price

103.4

106.4

108.1

105.1

113

108.2

Gross domestic product

CZK (Billion) Current price

2 464.4

2 577.1

2 817.4

2 994.4

3 220.3

3 530.2

(previous year = 100)

% Permanent price

101.9

103.6

104.6

106.5

106.4

106

Gross national income

CZK (Billion) Current price

2 352.1

2 466.1

2 661.3

2 846.4

3 042.0

3 339.4

(previous year = 100)

% Permanent price

102.8

104.2

103.4

105.7

104.8

Gross disposable income

CZK (Billion) Current price

2 365.1

2 467.8

2 660.4

2 830

3 026.6

3 299.1

(previous year = 100)

% Current price

102.7

103.7

103.3

105.2

.

Gross national product per 1 inhabitant to purchasing power parity

PPS

14 595

15 390

16 595

17 426

18 777

19 966

Index

Measuring unit

2002

2003

2004

2005

2006

2007

National accounts

Household final consumption expenditure

CZK (Billion) Current price

1 248.1

1 317.4

1 400.0

1 445.8

1 532.0

1 669.3

(previous year = 100)

% Permanent price

102.2

106

102.9

102.4

104.4

Gross national savings

CZK (Billion) Current price

553.3

532.2

618.5

703.1

784.5

833

Gross national savings rate

%

23.4

21.6

23.2

24.8

25.9

26.8

Gross fixed capital formation

CZK (Billion) Current price

677.8

687.5

727.2

746.1

812.9

857

(previous year = 100)

% Permanent price

105.1

100.4

103.9

102.3

107.6

105.8

Investment rate

%

27.5

26.7

25.8

24.9

25.2

24.1

Fixed activity (situation on 31.12)

CZK (Billion) Current price

10 618.7

10 965.7

11 501.4

11 928.2

.

Workers

Thousand people

4 950.1

4 899.3

4 906.4

4 961.2

5 041.9

5 133.8

Total labour productivity (previous year = 100)

%

101.6

104.7

104.4

105.3

104.7

104.8

Unit labour costs (previous year = 100)

%

103.7

103.1

101.6

98.5

100.1

101.4

10.The Czech Republic is still a very homogeneous nation within the framework of EU. The largest ethnic group in the Czech Republic after the Czech and Moravian is the Slovakian with only 1.9 per cent inhabitants in the country in 2001. Although the Roma people in the Czech Republic are the most distinct from the majority of the Czech population from a social and demographic perspective, there is not enough statistic data on the Roma people. The reason is that the Roma people are not systematically monitored. Only a part of the total number was registered which comprised the Roma inhabitants who registered themselves (less than 12,000) in 2001 Census, Houses and Flats. The growing problem of social exclusion was highlighted by the research of the GAC agency in September 2006. According to the GAC research, in 300 areas in the Czech Republic 60,000‑80,000 predominantly Roma inhabitants are suffering from the social exclusion.

11.The following table contains population data according to the nationality and ethnicity, mother tongue, religious belief and sex.

Nationality and ethnicity, mother tongue, religious belief

Men

Women

Total

Nationality

Czech

4475.817

4773.960

9249.78

Moravian

203624

176850

380474

Silesian

6578

4300

10878

Slovakian

94744

98446

193190

Polish

21571

30397

51968

German

18391

20715

39106

Roma

6149

5597

11746

Hungarian

7711

6961

14672

Ukrainian

9943

12169

22112

Russian

4634

7735

12369

Ruthenian

529

577

1106

Bulgarian

2711

1652

4363

Romanian

667

571

1238

Greek

1671

1548

3219

Vietnamese

10775

6687

17462

Albanian

500

190

690

Croatian

886

699

1585

Serbian

1138

663

1801

Other

16499

10000

26499

Czech and Roma

354

344

698

Czech and Slovakian

1483

1300

2783

Czech and other

2484

2172

4656

Moravian and Roma

6

3

9

Moravian and Slovakian

42

32

74

Moravian and other

1392

1020

2412

Slovakian and Roma

41

36

77

Other combination

1287

982

2269

Unknown

90444

82383

172827

Total

4982.071

5247.989

10230.06

Mother tongue

Czech

4729.948

4977.449

9707.397

Slovakian

97439

111284

208723

Roma

11896

11315

23211

Polish

20199

30539

50738

German

17020

24308

41328

English

2410

1381

3791

Russian

7097

11649

18746

Other

53720

45538

99258

Unknown

42342

34526

76868

Total

4982.071

5247.989

10230.060

Religious belief

No religious belief

3099.810

2940.181

6039.991

Assemblies of God (Pentecostal revival)

2061

2504

4565

Unity of Brethren Baptists

1584

2038

3622

Seventh‑day Adventist Church

4149

5608

9757

Evangelical Brethren Church

4403

5528

9931

Czechoslovak Hussite Church

37717

61386

99103

The Church of Jesus Christ Holy recent days (Mormons)

653

713

1366

Greek‑Catholic Church

3454

4221

7675

Roman‑Catholic Church

1184.162

1556.618

2740.780

Českobratrská Evangelical Church

49137

68075

117212

Evangelical Augsburg Religion in Czech Republic

6176

8709

14885

Evangelical Methodist Church

1130

1564

2694

Federation of Jewish Communities in Czech Republic

799

716

1515

Unitas Fratrum

1469

1957

3426

Christian congregations

3082

3845

6927

Luterská Augsburg Evangelical Church in CzechRepublic

2357

3055

5412

Jehovah’s Witnesses Religious society

9367

13795

23162

Novoapoštolská Church in Czech Republic

186

263

449

Eastern Orthodox Church in Czech Republic

10019

12949

22968

Silesian Augsburg Evangelical Church

6343

7677

14020

Old Catholic Church in Czech Republic

687

918

1605

Unification Church (Moonists)

20

23

43

Scientology Church

73

37

110

Christian Community

1751

2261

4012

Anglican Communion

112

89

201

Islam

2676

1023

3699

Buddhism

4350

2467

6817

Hinduism

557

210

767

Hare Krishna movement

201

93

294

Other and not clearly identified

85590

95179

180769

Not known

457841

444140

901981

Total

4982.071

5247.989

10230.060

12.In 2005 there were more than 4,000.000 households (4,189.700 households in total) in the Czech Republic. Most of the households (62.5 per cent) consisted of complete families, one quarter (25.1 per cent) consisted of single person households, 11.3 per cent represented incomplete families and the rest (1.1 per cent) were non‑family households. There are 473,100 incomplete families in the Czech Republic in total and more than 1,000.000 (1,049.100) of single person households.

13.The head of the household in both types of the above‑mentioned households is a woman rather than a man: a woman is dominant in 77.3 per cent of incomplete families and 62.6 per cent of single person households.

14.The prevalence of women dominating the household over men is also apparent in the complete family households (71.4 per cent to 28.6 per cent) in the age 15‑24. The older age groups show more similar numbers in both sexes in terms of the household domination and in the age over 50 years and more is the household domination represented by men (53.6 per cent to 46.4 per cent).

15.The incomplete families are largely dominated by women regardless of age. Women form three quarters or more within each age group which is between 74.8 per cent in the age group of 50 years old and older and up to 79.8 per cent in the age group of 25‑34.

16.Single person households are dominated by men in all the age groups except the oldest age group over 50 years old which are dominated by women in 72.8 per cent of cases. The highest number of men (74.2 per cent) in single person households is within the age group of 35‑44.

17.The following table shows a summary of data on the average size of a household and the sharing of households with one parent:

Type of household

2002

2003

2004

2005

2006

Thousand

Total

4 052.6

4 102.5

4 150.5

4 186.7

4 217.3

Complete f amily

2 620

2 605.3

2 605.7

2 617

2 646.2

Incomplete f amily (household with one parent)

447 5

457

471.7

473.1

476.4

Single person household

927.8

981.1

1 018

1 049.1

1 054.4

Non ‑ f amily household with several members

57.4

59.1

55.1

47.4

40.3

%

Total

100

100

100

100

100

Complete f amily

64.6

63.5

62.8

62.5

62.7

Incomplete f amily (households with one parent)

11

11.1

11.4

11.3

11.3

Single person household

22.9

23.9

24.5

25.1

25

Non ‑ f amily household with several members

1.4

1.4

1.3

1.1

1

18.The long‑term trend of population moving into the cities in many European countries has also been apparent in the Czech Republic. This fact is shown by data from the Census in 2001. In relation to the size of town groups the average population growth in the Czech Republic which is 35.2 per cent, was surpassed in the groups of towns with more than 5000 inhabitants. In 2001 63 per cent of the population of the Czech Republic lived in the cities.

Living standard

19.The average annual household consumption of a household member was CZK 120,208 in the year 2007, while the net annual income was CZK 125,817. The share of food costs has been decreasing within the last years and in 2006 and also in 2007 it was one fifth of the total household outgoings. The education costs have also slightly decreased. In 2003 the education costs represented 0.6 per cent of all household outgoings, in 2006 only 0.5 per cent, then in 2007 they again slightly increased to 0.6 per cent. In contrast the accommodation and health costs increased. Accommodation costs including energy and water increased one per cent since the year 2003 up to the total of 20.7 per cent in 2006, in 2007 slightly decreased to 19.9 per cent. Health costs increased one tenth of a per cent to 2 per cent of the total household costs in the year 2006. In 2007 the health costs increased to 2.3 per cent.

The population ratio below the national limit of poverty

20.The Czech Republic has set the limit of poverty as a subsistence minimum. The subsistence minimum is the level of household income which secures the basic living needs to its members. Below this level the state of material poverty begins. The subsistence level income is used as a criteria for making decisions regarding the social security benefits of the citizen or the household. If the income of a citizen does not reach the level of subsistence and he or she cannot increase it due to the serious circumstances, the citizen may be able to receive benefits of Assistance in material needs. The subsistence minimum was established in the Czech Republic in 1991 and its level is adjusted on the first date of each year according to the growth of consumer prices. In the event that the consumer prices growth reaches over 2 per cent, review of the subsistence minimum may happen at any time of the year. In the year 2005, the subsistence level income has been set to CZK 85,714 per year. In the same year 995,565 inhabitants lived below this level which is 9.8 per cent of the whole of the population in the Czech Republic. In 2007 the subsistence level income was set to CZK 93,560 per year and 995,347 inhabitants lived below this level within the same year.

21.Coefficient Gini, which describes the distribution of the household income, reached the value of 0.253 in 2005, which means that the Czech Republic belongs to the nations with very little income disparity.

The percentage of infant and mother mortality

22.The Czech Republic belongs to the nations with the lowest infant mortality. Most of the changes in the intensity of infant mortality happened up to the year 2000, after which only very minor changes occurred. The coefficient of early newborn mortality (mortality in seven days to 1000 of newborn) decreased 50 per cent from 3.2 per cent to 1.6 per cent between the years 1995‑2000. The total infant mortality (to one year) was 3.1 per cent in 2007 and in 2000 it was 4.1 per cent. The development of the infant mortality level in the past years exhausted the possibility of its further dramatic decrease. Mother mortality is defined as the number of women dying in pregnancy, during the labour and until 42 days of six weeks to 100,000 newborn babies. The number of women who die in this way is below ten cases of mortality per year since 1994. The maternal mortality rate fluctuates between two to seven mortality cases per 100,000 children born alive.

The medical termination of pregnancy in relation to live births and the use of contraceptives by women within fertile age range

23.In 2007 153,500 pregnancies were registered. Medical experts administered 40,917 abortions in total in the same year of which 25,414 were induced abortions. The number of induced abortions for medical reasons was 4,789. From the total number of inducedabortions 19,201 were mini abortions. Since the year 2000 the number of induced abortions lowered to more than 7 per cent ‑ 34,627 abortions were administered from the registered 137,124 pregnancies. The decrease in the number of induced abortions is put down to the wide availability of modern contraceptives. According to the Institute of Medical Information and Statistics, in 2005 contraceptives prescribed by a doctor were used by 51 per cent of women in fertile age, 45 per cent of women used hormonal contraceptives and the rest of the used contraceptives were intrauterine. In 1975 only 16 per cent of women used contraceptives which were mostly intrauterine (9 per cent) and 20 years later the number increased up to 27 per cent of women.

24.The radical decrease of induced abortion intensity was recorded across the age structure and mostly in the 20 and 30 year‑old age groups. On the other hand the number of spontaneous abortions has grown within the last five years, which is probably due to higher risk pregnancies becoming more common as more pregnancies have been recorded in the older age groups.

The percentage of HIV/AIDS and the main infectious and non‑infectious diseases

25.The Czech Republic is among the nations with the lowest number of HIV/AIDS cases. During the period of monitoring, the number of new cases approximated 0.5 cases per 100,000 persons. Approximately one in five of the infected cases were women and approximately 6 per cent of the infected cases were pregnant women.

26.In 2005 there were 144,146 infection cases recorded in the Czech Republic. The regular vaccination in the Czech Republic continued, namely against polio, diphtheria, tetanus, whooping cough, rubella, measles, mumps, and Hepatitis virus B. The result showed no more infections with polio, diphtheria, tetanus, measles and congenital rubella. There were 412‑recorded cases of the whooping cough (A 37.0) and 1,803 cases of mumps (parotid gland). Parotid gland infection affected predominantly young men between 15‑19 years. There were also reported eight cases of rubella. The decrease of illness is a result of the effective vaccination.

27.The infection from Hepatitis B (B16) has decreased as a result of the vaccination of 12‑year old children since 2001. VHB has been practically eliminated in the age group up to 16 years old. The 117 infected were syringe drug users. Hepatitis virus A was recorded in 322 cases. The increase of the illness was caused by eight epidemics during which 190 persons, predominantly of Roma origin were affected. The 44 cases were imported chiefly from Egypt, Brazil and the Ukraine. Amongst other types of Hepatitis (B17‑B19) there were mostly cases of Hepatitis C (844) reported which is virtually the same amount as in the previous year. The 526 of the infected cases were syringe drug users. 37 cases Viral Hepatitis E infections were reported which is one more case than in the previous year from which six times the virus was imported from India. In 2004 there were 99 reports of meningitides infections which is practically the same as in the previous years.

Mortality and ten major causes of death

28.The gross level of mortality since the year 2000 is stationary at around 10.5 per cent. During 2007 104,600 persons died, 3,500 less than in year 2005.

29.The structure of mortality according to individual causes of death has not changed dramatically since the year 2000. The major cause of mortality are diseases of the circulatory system, accounting for 45 per cent of mortality in men and 56 per cent of mortality in women. The second largest cause of mortality is related to the formation of neoplasms which has increased during the present period and accounts for approximately one quarter of all deaths.

The standardized level of mortality of men in the selectedcauses of death to 100,000 men between 1995‑2007

Mortality causes

1995

2001

2002

2003

2004

2005

2006

2007

Neoplasms

345.1

317.5

323.3

321.1

315.2

296.8

286.8

277.5

Malignant neoplasm of lungs

101.6

85.8

84.1

81

82.1

77.2

73.6

71

Diseases of circulatory system

708.1

567.6

560.6

568.5

530.9

508.1

477.8

453.7

Acute myocardial infarction

175.9

126

113.1

106.1

91.3

81.3

72

68.1

Vascular disease

176.3

148.6

144.7

148

127.2

123

113.4

91.6

Diseases of respiratory system

62.5

55.6

55.6

59.7

55.4

65.9

60.3

59.4

Diseases of digestive system

53.6

50.7

50.3

50.8

50.4

52.4

50.2

49.5

Injury and poisoning

106.2

90.4

91.4

96.3

89

82.8

77.6

78

Road traffic accidents

23.2

20.8

20.5

20.7

18.3

17.9

15.5

17.4

Suicides

25.8

24.9

23.3

26.2

24.3

23.8

21.1

20.8

Other

60

61.7

65.1

68.5

65.7

70.7

71.5

73.1

Total

1 335.6

1 143.6

1 146.3

1 164.9

1 106.6

1 076.7

1 024.1

991.2

30.Between 1975‑2006 the level of intensity of mortality of women was on average at 60 per cent of the mortality rate of men. During the whole period the most similar figures on the mortality causes were related to the brain vascular disease (only 20 per cent difference). The difference between the intensity of mortality caused by acute myocardial infarction has also reduced. The most apparent differences in the level of mortality between men and women in 2007 were in cases of injuries and accidents, in particular in cases of suicide, where the rate of mortality of women was reduced to a fifth of male suicide mortality. This negative trend in mortality in women was caused by neoplasms of the lungs and the decrease in the rate of mortality by the same cause in men has reduced the differences between the sexes from more than 90 per cent in the year 1975 to 73 per cent in the year 2006. In case of other causes of mortality, the high numbers of male mortality has not dramatically changed.

Standardized level of mortality of women in the selectedcauses of death to 100,000 women between 1995‑2006

Mortality causes

1995

2001

2002

2003

2004

2005

2006

2007

Neoplasms

191.4

179.3

175.3

177.5

173

166.2

164.9

157

Malignant neoplasm of lungs

16.8

19.1

18.2

18.8

18.6

18.8

19.7

19.1

Diseases of circulatory system

455

381.7

379.5

384.4

356.9

351.1

318.2

306.8

Acute myocardial infarction

78.3

56.9

52.4

48.1

41.6

37.2

34.1

31.5

Vascular diseases

134.8

122.5

119.5

120.6

1 007

99.2

90.8

73.1

Diseases of respiratory system

31.6

26.6

27.2

30.9

25.5

33.5

30.3

29.3

Diseases of digestive system

26.3

25.8

26

27.5

25.7

26.8

26

25.5

Injuries and poisoning

47.9

33.8

32.8

35.4

34

29.3

25.4

26.1

Road traffic accidents

8.2

6.7

6.9

6.4

5.8

5.5

4.5

5.1

Suicides

7.5

5.4

5.3

5.8

4.7

4.8

4.2

3.6

Other

46.8

44.9

45.1

48

46.7

50.3

48.5

50.6

Total

798.9

692.2

685.9

703.6

661.9

657.2

613.2

595.4

Education

31.School attendance in the Czech Republic is compulsory. Compulsory school attendance applies to Czech citizens, citizens of other EU Member States and their family members, foreigners with permanent residency, long‑term residency or visa for over 90 days in the Czech Republic and people that have been granted asylum or applying for asylum. Compulsory school attendance lasts nine years. In 2006/2007 the attendance of Elementary school was 876,513 pupils in total and there were 62,658 teachers, (that is one teacher per 14 pupils). In June 2007 the number of pupils that completed school were 117,921.

32.The secondary school system was attended by 533,000 students in the same year. There are approximately 48,000 teachers operating in secondary schools.

The economic situation in the Czech Republic

33.The Czech economy has been growing continuously since the beginning of 1999. The positive effect of joining the EU has been apparent in 2004 by the growth of trade due to greater integration with foreign markets.

34.The Czech economy has kept its record speed of growth of the gross domestic product also in 2007 when the economic development increased by 6.5 per cent. The growth of the gross domestic product was followed by employment growth (1.8 per cent). The rate of inflation reached 2.8 per cent. Nevertheless in the first quarter of 2008 the growth of the gross domestic product decreased to 5.4 per cent.

35.The harmonized index of consumer prices reached on average 2.1 per cent per year. The consumer prices index has been growing continuously since 1993. The table below indicates the development of the index in terms of the prices in 2005.

2002

2003

2004

2005

2006

2007

2008

Index of consumer prices ‑ total 2005 = 100

95.4%

95.5%

98.1%

100.0%

102.5%

105.4%

112.1%

36.The level of unemployment has been continuously decreasing and on 31 December 2007 reached 5.3 per cent (in the second quarter of 2008 it decreased to 4.2 per cent).

37.According to the overall employment figures the number of employees increased by 52, 500 to 4,032.000 and the number of people working as self‑employed increased by 16,000 to 779, 200. Employment figures increased in the secondary sector (industry, building) by 48,900 to 1, 929.400 and in the tertiary sector (services) increased by 23,400 to 2,716.000 people. The decline in employment in the primary sector (agriculture, forestry, fish industry) that has taken place since the 90s continued with a decrease of 7,700 to 181,700.

38.The total level of employment of the age group between 15‑64 years has annually increased to 66.1 per cent. Although the level of employment is reduced by the rapid growth in university attendance, the number of employed persons has been increasing as a result of employment of the high proportion of persons born in the period between the 40s and the 50s and in the first half of the 70’s.

39.The level of unemployment in the Czech Republic is more clearly demonstrated in the following table:

Age group

2002

2003

2004

2005

2006

2007

Population 15+

7.3

7.8

8.3

7.9

7.1

5.3

15 ‑ 64 years

7.3

7.8

8.4

8

7.2

5.4

Men 15+

5.9

6.1

7

6.5

5.8

15 ‑ 64 years

5.9

6.1

7.1

6.5

5.9

Women 15+

9

9.9

9.9

9.8

8.8

15 ‑ 64 years

9.1

9.9

10

9.9

8.9

40.The table below contains data on employment in the major sectors of economic activity.

Employment

2002

2003

2004

2005

2006

2007

Total

4 764.9

4 733.2

4 706.6

4 764

4 828.1

4 907.7

Sectors

Agriculture

227.9

213.1

202.3

189.4

181.7

176.3

Industry

1 888.3

1 863.4

1 844.6

1 880.5

1 929.4

1 979.3

Services

2 645

2 655.4

2 658.5

2 692.6

2 716

2 272.4

Men

2 700.4

2 686.2

2 663.1

2 705.5

2 741.9

2 793.1

Sectors

Agriculture

157

147.4

140.3

131.4

123.5

122.7

Industry

1 320.4

1 311.3

1 301.4

1 335.6

1 366.2

1 412.4

Services

1 220.2

1 226.9

1 220.7

1 237.5

1 252.1

1 257.7

Women

2 064.5

2 047

2 043.5

2 058.5

2 086.1

2 114.6

Sectors

Agriculture

70.9

65.7

61.9

58.1

58.2

53.5

Industry

567.9

552.1

543.3

544.9

563.2

566.9

Services

1 424.8

1 428.5

1 437.8

1 455

1 464

1 493.9

Gross domestic income

41.Gross national income has been growing from 2000 to 2006 but in 2007 began to decrease. The speed of growth fluctuates between 2‑3 per cent. Development of dross domestic income is shown in the following table:

2001

2002

2003

2004

2005

2006

2007

Gross National Income

CZK (Billion)

2 273.2

2 352.1

2 466.1

2 661.3

2 846.4

3 042.0

3 340.0

(previous year = 100)

%

103.0

102.8

104.2

103.4

105.7

104.8

The State social costs

42.The total sum of CZK 1,362 billion was designated for public costs in 2006 from which 9.7 per cent has been allocated to education, 14.6 per cent to health, 29.8 per cent to social security and 6.5 per cent has been allocated to housing.

The domestic and foreign debt

43.The Central Government debt of the Czech Republic has been growing since 1995. The total Government debt was CZK 892.3 billion in 2007 from which the foreign debt formed CZK 123 billion and domestic debt formed CZK 769.3 billion (86.2 per cent).

B. The constitutional, political and legal structure of the Czech Republic

44.The legislative power in the Czech Republic is held by Parliament. Parliament consists of two chambers: The Chamber of Deputies and the Senate. Every citizen of the Czech Republic who has reached the age of 18 has the right to elect members of the Chamber of Deputies and the Senate.

45.The Chamber of Deputies has 200 members elected for four years. The election into the Chamber of Deputies is conducted by a secret ballot on the basis of universal, equal and direct suffrage in accordance with the principles of proportional representation. Every citizen of the Czech Republic who has the right to vote and has not encountered any obstacle to the exercise of voting rights on the day of elections and reached the age of 21, with exception of restrictions on personal freedom stated by law in order to protect the health of people, may be elected to the Chamber of Deputies.

46.The Senate has 81 members who are elected for a six‑year period. Every two years one third of the members of the Senate are elected. The election for the Senate is conducted by a secret ballot on the basis of universal, equal and direct suffrage in accordance with the principles of proportional representation. Every citizen of the Czech Republic who has the right to vote, reached the age of 40 and has not encountered any obstacle to the exercise of voting rights may be elected to the Senate.

47.The head of the State is the President, who is elected by Parliament at a joint meeting of both Chambers.The term of presidential office lasts five years and no one can be elected to the post of the President more than twice in a row. Any citizen eligible for election to the Senate may be elected President. The President has the right to take part in meetings of both Chambers of Parliament and meetings of the Government. The chief legislative power belongs to the Government which consists of the Prime Minister, the Deputy Prime Minister, and Ministers. The Government is accountable to the Chamber of Deputies. The Prime Minister is appointed by the President and according to his proposal other members of Government are appointed. Members of the Government may not be engaged in activities contrary to the nature of the performance of his functions. The Government may ask the Chamber of Deputies for a vote of confidence. The Chamber of Deputies may express no confidence in the Government. The Prime Minister shall submit his resignation in the hands of the President whilst other members of the Government shall submit their resignation to the President through the Prime Minister. Resolution of the Government is to be approved by more than half of its members. The Government may issue decrees in order to implement a legal act within the limits of the law. The Ministry, other administration authorities and organs of Territorial administration may, on the basis and within the limits of the law, issue legal decrees if they have been appointed for it by law.

48.In accordance with the Constitution of the Czech Republic the control of the management of the State assets and the performance of the State budget is executed by an independent body ‑ The Supreme Audit Office. The President and the Vice President of the Supreme Audit Office are appointed by the President of the Republic on the basis of the proposal of the Chamber of Deputies. The scope of power, legal position and organizational structure as well as other details regarding the Supreme Audit Office are given by law.

49.The central bank of the State is the Czech National Bank. The main objective of the Czech National Bank is to ensure price stability. The activity of the Czech National Bank may not be interfered with except for legal reasons. The scope of the power, legal position and other details relating to the National Bank are defined in law. The bank headquarters consist of a Committee with seven members. The members are appointed and dismissed by the President of the Czech Republic. The membership in the bank Committee is not to be combined with the membership in the Chamber of Deputies, Government position or high position in other banks and business organizations.

The political system and elections

50.According to the Constitution the political system is based on free and voluntary development and open competition of the political parties and movements with respect to the basic democratic principles and rejection of violence as a means to promote individual interests. Political decisions stem from the will of the majority which is expressed in the free election system. The decision of the majority is concerned with the protection of minorities.

51.The number of political parties at the national level is still growing. The numbers for each in individual years are shown in the following table:

Year

Number of political parties

2001

108

2002

118

2003

121

2004

123

2005

129

2006

139

2008

141

Proportional representation of the population eligible to vote

52.Between 2000 and 2008 a number of elections were held, namely for the Chamber of Deputies of Parliament of the Czech Republic (2002, 2006), elections for the Senate of the Czech Parliament (2000, 2002, 2004, 2006 and 2008), elections for the Municipal Councils (2002 a 2006), elections for the Regional Council (2000, 2004 and 2008) and elections for the European Parliament (2004).

53.The right to vote, for the Chamber of Deputies and the Senate of Parliament of the Czech Republic is enjoyed by all citizens of the Czech Republic who have reached the age of 18 on the day of the election, and are free of any legal obstacle to the exercise of their voting right. The elector is able to exercise the voting right on the basis of a polling card, in any of the polling stations within the constituency where the elections are being held, so long as the elector has been inscribed on the permanent list of electors for that constituency. The proportion of electors eligible to vote for Parliament of the Czech Republic was approximately 81 per cent.

54.The right to vote for the European Parliament in the Czech Republic was given to the Czech citizens who reached the minimum age of 18 at least on the second day of the elections and citizens of other Member States who reached the minimum age of 18 at least on the second day of elections and were registered at least 45 days in the evidence of the population, (with the exception of people who encountered an obstacle in the exercise of voting right according to the voting law). The proportion of electors eligible to vote for the European Parliament was approximately 81 per cent.

55.The right to vote for the Regional Councils was given to those citizens of the Czech Republic who reached the minimum age of 18 at least on the second day of the elections and there was no obstacle to the exercise of their voting right according to law. The right to vote could be exercised only in the area of the constituency where the elector has permanent residency and where he or she is registered on the list of permanent electors. The proportion of eligible electors for the Regional Councils was approximately 71 per cent.

56.The right to vote for the Municipal Councils was given to those citizens of the Czech Republic, with registered permanent residency within the constituency, with no obstacle to the exercise of the voting right who reached the minimum age of 18 at least on the day of election, and to the members of another State with the right to vote which has been approved by valid international agreement with the Czech Republic, while fulfilling the same conditions as stated for Czech citizens. Similar conditions were implemented in the case of voting right for the town Council or the part of the town or town district, with the condition of the permanent residency of the elector within the constituency. There is no central evidence of the number of eligible electors for the Municipal Councils.

The proportion of non‑citizens registered on the electoral lists

57.In accordance with the paragraph 28, Section 1 of Act No. 491/2001 Coll., on Elections to Municipal Council, as amended, the electoral list may contain the name of an elector who is not a citizen of the Czech Republic if the elector is able to show evidence of citizenship of another country which gives the right to vote to the elector according to the international agreement which is also acknowledged by the Czech Republic and which is contained in the International Agreements Collection, and the evidence of the permanent residency in the place of the elections. At present, such an international treaty is only the Treaty of Accession of the Czech Republic to the European Union. Therefore the right to vote for the Municipal Council is available only to a foreigner who is a citizen of one of the EU Member States and fulfils other conditions specified by law (aged at least 18 years and with permanent residency within the constituency). There is no central evidence of the total number of foreign electors because the supplement lists of permanent electors is managed by individual Municipal Councils only.

58.The citizens of other EU Member States are able to vote in the Czech Republic for the European Parliament. The evidence shows that 99 citizens of other EU Member States participated in the elections for the European Parliament in the Czech Republic in 2004. The total number of citizens of other European Member States that were registered for the elections for the EU Parliament is also unavailable as the data is managed by the individual Municipal Councils.

The number of complaints on the management of the election process

59.The administration as well as the legal aspect of the election process is carefully researched. The complaints of the organization and technical nature of the election management on the regional level is dealt with by the Ministry of the Interior. Complaints of a similar nature on the municipal level are dealt with by the Regional Councils. Statistics regarding these complaints are not recorded. A judicial review of the elections is conducted by the Supreme Administrative Court of the Czech Republic and the regional courts.

Elections for the Chamber of Deputies of Parliament of the Czech Republic in 2006

60.The Supreme Administrative Court received in total 70 complaints on elections for the Chamber of Deputies, four of which were submitted late. From the remaining 66 complaints, 66 were submitted by individuals and six by political parties. The Electoral Senate consisting of seven members rejected 33 complaints and 22 complaints were refused. For the purpose of this report, the number of rejected complaints included the ones which were partly dismissed and at the same time partly rejected. The rest of the 15 causes were dealt with in a different manner because they were no longer considered as election complaints according to the election law.

61.Complaints were concerned with the accuracy of the election campaign and the manner of the election media presentation as well as the election law in relation to the conversion of votes to mandates. Finally there were also complaints about the access to the voting process and doubts about the accuracy of the calculation of votes.

Elections for the Municipal Councils and for the Senate of Parliament 2006

62.The Supreme Administrative Court received 12 complaints in total on the election process in the election matters. The five complaints directed against the elections for the Senate of Parliament of the Czech Republic doubted the just election of certain candidates.

Population coverage and specification of the ownership of the main Media channels

63.The publishing of the periodical press in the Czech Republic is based on freedom of information and therefore is not tied by the regulation control of the State. The Ministry of Culture only keeps evidence of the press released and distributed in the Czech Republic including the information on publishers and some details about the published titles. This evidence is in the form of a public access database on the web pages of the Ministry of Culture. Periodicals are issued and distributed at a national scale or only within the individual regions. The national press has around 10,804 titles and regional 3,370 titles. The evidence of the periodicals only contains the publisher of a title. The actual owner of the publishing company is not and cannot be traced by the Ministry of Culture by law.

64.In the case of the radio broadcast, the public service operator is by law the Czech Radio. The Station‑wide broadcast of Czech Radio stations which are available in almost all parts of the country are: Czech Radio 1 ‑ Radio journal, Czech Radio 2 ‑ Prague, Czech Radio 3 ‑ Vltava and Czech Radio 6. Apart from those stations Czech Radio operates Regional broadcast through 12 stations. As well as the public service broadcast in the Czech Republic there are national and regional commercial Radio programmes with monitored ownership by the Board of Radio and Television Broadcast.

65.The public service operator of television broadcasting is the Czech Television which at present operates two analogue channels and two digital channels: ČT 4 ‑ Sport and ČT 24. These station‑wide programmes have a coverage of at least 95 per cent of the population of the country. A Station‑wide commercial broadcast is offered by the programmes NOVA TV and PRIMA TV. There are also many station‑wide and regional operators of television broadcasting through cable and satellite as well as operators of other programme licences. There is a transfer to digital television broadcast at present which will significantly broaden the possibilities and number of programmes.

The chair distribution in Parliament

The Chamber of Deputies of the Parliament of the Czech Republic after 2002 and 2006 elections

66.In 2002 elections, The Czech Social‑Democratic Party (ČSSD) received the highest amount of chairs (70), followed by The Civic Democratic Party (ODS) with 58 mandates, The Communist Party of Bohemia and Moravia (KSČM) with 41 chairs and the last was the coalition of the Christian and Democratic Union ‑ The Czechoslovak People’s Party and The Freedom Union ‑ The Democratic Union (KDU‑ČSL US‑DEU) with 31 mandates.

67.In 2006 elections, the winner was The Civic Democratic Party (ODS) with 81 chairs, followed by The Czech Social‑Democratic Party (ČSSD) with 74 mandates, The Communist Party of Bohemia and Moravia (KSČM) with 26 mandates. The Christian and Democratic Union ‑ The Czechoslovak People’s Party received 13 mandates. The Green Party (SZ) historically for the first time received Parliament membership with six mandates. The next elections for the Chamber of Deputies are planned for the year 2010.

Elections for the Senate of Parliament of the Czech Republic

68.In 1996 in the first round of elections one third of the senators were elected for two years, one third for four years and one third for six years. In 1998 the second round of election was held in one third of the election districts. The length of the mandate of all the senators in the second round of the election process is six years. After elections in 2000, ODS with 25 chairs was the strongest party in the Senate, followed by KDU ‑ ČSL and ČSSD with 13 chairs (ten mandates). KSČM had three senators. 23 senators had no involvement in political parties. Seven other chairs were divided amongst the smaller parties.

69.In 2002 ‑ 2004 ODS was still getting stronger in the Senate with 35 mandates. The second strongest party was KDU ‑ ČSL with 12 chairs. ČSSD received six mandates and KSČM received two mandates. The independent senators received 19 chairs. Other minor parties shared seven chairs.

70.ODS had success in the following elections for the Senate with a large representation of senators. In 2004 ‑ 2006 ODS had 39 senators, the second strongest party was ČSSD with 11 chairs, then KDU ‑ ČSL with nine mandates. The Communists had 2 chairs and 16 senators with no political involvement. Other minor parties shared four mandates.

71.In 2006 elections ODS received absolute majority of 41 chairs in the Senate, followed by ČSSD with 12 senators and KDU ‑ ČSL with 11 senators. The Communist Party had the least number of senators (two). The independent candidates managed to receive 15 chairs. In 2008 The ODS again received the majority of chairs in the Senate (35), followed by ČSSD with 29 chairs, KDU‑ČSL received 7 chairs. The Communist Party again received the least number of chairs (3).

The proportion of women in political and administrative posts

72.The number of women in the two‑hundred member Chamber of Deputies decreased from the previous 34 to the present number of 31 (15.5 per cent). After the second round of the elections for the Senate in autumn 2006 women obtained 12 seats (14 per cent) from the total of 81 chairs and after the election in the Autumn 2008 received 14 chairs. There is not a single woman amongst the 12 governors. The statutory Committees have 19 per cent women representatives and the Councils only 12 per cent women.

73.The table below indicates the development of the number of women members in the lower house of Parliament:

Party

Elections 2002Number of women members

Elections 2002Proportion of women members

Elections 2006Number of women members

Elections 2006Proportion of women members

Increase/decreaseagainst the previous period

ODS

8

14%

9

11%

+1

KDU‑ČSL

2

9.5%

2

15%

0

SZ*

3

50%

+3

ČSSD

11

14%

9

12%

‑2

KSČM*

12

29%

8

31%

‑4

Total

34

17%

31

15.5%

‑3

* The party operates according to quota or allocation for arranging the lists of candidates.

The proportion of national and municipal elections

74.Between the years 2000 and 2008 two elections were held in the Czech Republic for the Chamber of Deputies of Parliament of the Czech Republic (2002, 2006) and four elections for the Senate of Parliament of the Czech Republic (2002, 2004, 2006 and 2008). For the first time there were elections for the European Parliament (2004). On the local level there were two elections for the Municipal Councils (2002 and 2006) and elections for the Regional Councils (2000, 2004 and 2008).

Average elector participation in the national and local elections according toAdministrative Districts

75.The highest average participation is traditionally in elections for the Chamber of Deputies of Parliament (between 58 per cent). The Municipal Council elections have also high elector participation (46 per cent). Elections for the European Parliament have a lower elector participation (around 30 per cent), as well as the Regional Council elections and the first round of elections for the Senate. Elector participation in the second round of elections is around 20 per cent, with the exception of the year 2002, when in the second round voted more than 30 per cent of electors.

76.The elector participation according to administrative districts is presented in the supplements.

Approval of non‑government and non‑profit making organizations

77.Amongst the non‑government and non‑profit making organizations are in particular the civic associations. Civic associations are founded in accordance with Act No. 83/1990 Coll., on Association of Citizens, as amended. In accordance with law it is possible to found associations, companies, unions, movements, clubs and other civic associations as well as trade unions and employer organizations.

78.An Association acquires legal status by registering at the Ministry of the Interior. There are special conditions for the registration process. The registration process begins on the day when the Ministry of the Interior receives the application for registration which has no fault in it. If the application has not fulfilled the stipulated conditions the Ministry of the Interior will so inform the preparatory committee and that it is not possible to begin the registration process until the faults in the application are corrected. If there are no reasons for rejection of the registration application the Ministry of the Interior will complete the registration within ten days from the beginning of the registration process. If the Ministry of the Interior finds the legal cause for the rejection of the application the preparatory committee may submit an appeal against the decision of the Ministry of the Interior to the Municipal Court in Prague within 60 days of receiving the decision.

79.As a means of protection against inaction by the Ministry of the Interior, the law on Association of Citizens allows the creation of an association by law in cases in which the preparatory committee does not receive the decision of rejection of the application within 40 days of the beginning of the application proceedings. In that case, the registration takes effect the date following date the 40‑day period.

80.The engrossment of statutes is completed once on the day of registration. The application for the registration submits the preparatory committee consisting of at least three persons from which at least one should be 18 years old. An essential part of the application for registration is the complete version of the statutes in two copies which must contain all the conditions stipulated by law.

81.In accordance with Act No. 83/1990 Coll. in case of founding an association there is no ‘index of associations’ in form of a public list. The Ministry of the Interior is responsible for submitting information on associations the record of which is kept by the Czech Statistical Office. The database containing titles and residences of associations can be found on the web site of the Ministry of the Interior.

82.As of 31 December 2008, 74,090 associations were present in the database.

83.Non‑government and non‑profit making organizations are also public benefit organizations, foundations and funding organizations.

84.Public benefit organizations are legal entities that offer beneficial services for the public on the basis of set conditions which are equal for all users. Net profits cannot be used for personal benefit by anyone, including the founders of the project, members or employees. In accordance with law the profits must be used for offering the services stipulated in the original document of the organization. Public benefit organizations are registered in the index of the Regional Courts according to the residence of the organization.

85.Foundations and Funding organizations are associations of capital collection set up for the purpose of public benefit objectives. Funding organizations may use the capital and other funds for the purpose of achieving their objectives. The total of the Foundation capital must not fall below a set minimum CZK 500,000) during the period of the existence of the Foundation. The Funding organization’s funds on the other hand may use all of the capital for individual purposes.

Organizations with an international element

86.Paragraph 1 Section 2 of Act No. 116/1985 Coll., defines organizations with an international element in the Czechoslovak Socialist Republic, as amended by Act No. 342/2006 Coll., to cover international non‑government organizations. In accordance with paragraph 6 of the law it is possible to establish a special organization for the representation of the interests of the Czech Republic. On the basis of law, the Ministry of the Interior may approve the establishment of an international non‑government organization or allow an organization to operate or have residence in the Czech Republic.

87.In order for an existing international non‑government organization to obtain approval to operate or to reside in the Czech Republic such organization is required to attach to its application a document showing evidence that it has been established as a legal body and the statutes stipulated by law. The documents submitted must be legally attested and legally translated into the Czech language. In case of the issue of establishment of a new international non‑government organization, the application must include its proposed statutes.

88.Approval is issued after obtaining the agreement of the Ministry of Foreign Affairs and of the appropriate central administrative office.

89.Application for the approval of the establishment of the organization with an international element or approval of such an organization to operate or to reside in the Czech Republic in accordance with Act No. 116/1985 Coll., such an organization may be rejected in the case that its statutes, the application proposal or its operation are not consistent with the legislation of the Czech Republic, or if the organization is not a legal body and if there are any other important reasons which prevent the establishment of the organization by law.

90.208 organizations received approval up until 31 December 2006.

The judicial system

91.The basic rights and freedoms are defined in accordance with the article 4 of the Constitution under the protection of the judicial power. The judicial power is executed by independent courts in the name of the Republic. The judges are independent in their office. The post of a judge is not consistent with a post of the President, Member of Parliament or any other position in public administration sector. The law stipulates other activities that are inconsistent with the post of a judge.

92.Courts have a duty to provide legal protection of the rights. The court is the only body empowered to take decisions on the conviction and punishment for an offence. The system of courts is formed by the Supreme Court, the Supreme Administrative Court, the High Courts, and the Regional and the District Courts. The law on courts and judges states the function and organization of a court. The judge is appointed by the President of the Republic with no time limit. The judge is bound by law in making its decisions. All the participants in court proceedings have equal rights. The court proceedings are oral and public and exceptions are stated by law. The judgment is always announced in public.

93.In both civilian and criminal proceedings the rule of two‑instances applies. This means that if the judgment in a case has been reached in proceedings by the court of the first instance, which is usually the District Court, appeal against this decision is heard and decided by the court of second instance and appeal for regular remedial measure against this decision cannot be filed. In certain cases stipulated by law, the Regional Court decides as the court of first instance and High Court is then the court of second instance (such as in the case of serious criminal offences).

94.The Supreme Administrative Court is the supreme judicial body in matters that belong to the jurisdiction of administrative courts. The Supreme Administrative Court ensures the unity and legality of judgments related to administrative judicial system ‑ decides on cassation complaintsand monitors and evaluates final decisions of regional courts and takes views.

95.Constitutional Court of the Czech Republic has a special position as an independent judicial body for the protection of the Constitution that stands apart from the rest of the judicial system. The Constitutional Court consists of 15 judges appointed by the President of the Republic for the period of ten years.

96.The Constitutional Court is the final body of the judicial system: it may correct the jurisdiction of interior offices, in particular the District Courts. In the case of confrontation of international and national law, the Constitutional Court applies in its jurisdiction the international and regional (European) Conventions on Human Rights, especially the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on Protection of the Fundamental Human Rights and Basic Freedoms, as amended. The Constitutional Court may abolish laws or those parts of laws that are inconsistent with the constitutional order of the Czech Republic, in particular the Constitutional Charter, or an international agreement. The abolishment of laws or parts of laws solely on the basis of their inconsistency with an international agreement is quite a rare occurrence within the present jurisdiction of the Constitutional Court.

97.The law states by whom and under what conditions proposals to initiate proceedings and other rules of the proceedings may be submitted before the Constitutional Court. Judges of the Constitutional Court are bound in their jurisdiction only by the constitutional law, international agreements according to article 10 of the Constitution of the Czech Republic and the law on Constitutional Court and its proceedings. Enforceable judgments of the Constitutional Court are binding for all legal bodies and persons.

98.The Prosecuting Attorney’s Office brings an action for the criminal proceedings in the name of the State and fulfils the duties according to judicial order, and fulfils other judicial duties, for example the Civil Procedure Code The system of the Prosecuting Attorney’s Office is formed by the Attorneys general Office, the High Prosecuting Attorney’s Office, the Regional and the District Prosecuting Attorney’s Office.

Information on judicial acts (data on criminal offences and information on offendersand victims

99.Capital punishment was abolished in the Czech Republic in 1990 by amendment of Act No. 175/1990 Coll.

100.In the Czech Republic 75,728 offenders were sentenced for criminal offences up until December 31, 2007, of which 12.0 per cent were women. There are particular differences. within the various age groups of those accused and sentenced In the 9‑21 years age group there were a relatively higher number of accused cases, than convicted cases amongst men and women, almost a tenth, 3.6 per cent men and only 1.6 per cent women. After the age of 30 both sexes show a higher number of convictions rather than the similar age groups of the convicted cases.

101.The majority of victims of criminal offences were men, approximately 55 per cent. Groups of people were victims of criminal offences in 9.6 per cent of cases. The most common criminal offences were grievous bodily harm (32.0 per cent), followed by robbery (26.6 per cent), dangerous or threatening behaviour (12.4 per cent) and blackmail (7.9 per cent).

102.Amongst the male victims the most common offence was the grievous bodily harm (42.8 per cent), followed by robbery (26.6 per cent), blackmail (9.2 per cent) and dangerous or threatening behaviour (7.2 per cent).

103.Amongst the female victims the most common offence was robbery (25.6 per cent), followed by grievous bodily harm (21.3 per cent) and dangerous or threatening behaviour (16.9 per cent), sexual abuse (8.7 per cent), rape (6.8 per cent) and blackmail (6.4 per cent).

104.In the Czech Republic 4,613 victims of robbery were recorded in 2006, of which 1,676 were women. In comparison with the year 2000 the number of female victims of robbery increased by approximately 10 per cent. The number of female victims of sexual abuse also increased in comparison with the year 2000. The number of female murder victims increased from 26.7 per cent to 45.3 per cent between 2000‑2002 but then until 2005 the number of female victims of murder decreased to 34.5 per cent.

105.The total number of people in detention and in custody between 2000‑2006 are shown in the following table.

Numbers of prisoners in remand prisons and in prisons of thePrison Service of the Czech Republic at the end of the year

Accusation

Conviction

Prisons

Adults

Youth

Total accusation

Sum total accusation

With supervision

Increased supervision

With surveillance

With increased surveillance

Youth

Total conviction

Sum total conviction

Total

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

31.12.2006

2 219

121

58

1

2 277

122

2 399

496

44

5 684

431

7 956

297

1 131

29

109

2

15 376

803

16 179

18 578

Total

2 340

59

2 399

2 399

540

6 115

8 253

1 160

111

16 179

16 179

18 578

31.12.2005

2 634

162

63

1

2 697

163

2 860

416

35

5 517

396

8 091

274

1 192

32

120

4

15 336

741

16 077

18 937

Total

2 796

64

2 860

2 860

451

5 913

8 365

1 224

124

16 077

16 077

18 937

31.12.2004

3 011

179

73

6

3 084

185

3 269

352

25

5 219

360

7 626

215

1 144

31

96

6

14 437

637

15 074

18 343

Total

3 190

79

3 269

3 269

377

5 579

7 841

1 175

102

15 074

15 074

18 343

31.12.2003

3 154

162

90

3

3 244

165

3 409

342

26

4 655

318

7 116

196

1 095

26

90

4

13 298

570

13 868

17 277

Total

3 316

93

3 409

3 409

368

4 973

7 312

1 121

94

13 868

13 868

17 277

31.12.2002

3 123

159

99

3

3 222

162

3 384

327

28

4 054

263

6 837

195

1 023

21

80

1

12 321

508

12 829

16 213

Total

3 282

102

3 384

3 384

355

4 317

7 032

1 044

81

12 829

12 829

16 213

31.12.2001

4 225

238

116

4

4 341

242

4 583

344

29

4 886

301

7 883

195

993

19

84

3

14 190

547

14 737

19 320

Total

4 463

120

4 583

4 583

373

5 187

8 078

1 012

87

14 737

14 737

19 320

31.12.2000

5 448

356

156

7

5 604

363

5 967

321

18

5 072

339

8 566

234

900

11

107

3

14 966

605

15 571

21 538

Total

5 804

163

5 967

5 967

339

5 411

8 800

911

110

15 571

15 571

21 538

The proportion of detained in custody to 100,000 inhabitants

Figure from year

The number of detained persons to every 100,000 inhabitants

2000

209

2001

188

2002

159

2003

169

2004

180

2005

125

2006

181

Summary of the average lengths of court detention in days in the Czech Republic (period from 2002 to 2006)

Figures from year

2002

2003

2004

2005

2006

Number of detentions

7 214

6 600

6 262

5 847

5 618

Average length (in days)

375

400

324

298

311

Number of persons in custody (conviction) according to the length of the sentence

Figure to the date 31.12.2000

Figure to the date 31.12.2001

Figure to the date 31.12.2002

Length of the sentence

Men

Women

Total

Men

Women

Total

Men

Women

Total

Up to 3 months

193

16

209

185

7

192

255

13

268

From 3 to 6 months

946

59

1 005

996

54

1 050

987

60

1 047

From 6 to 9 months

974

58

1 032

934

41

975

850

38

888

From 9 months to 1 year

2 688

104

2 792

2 515

100

2 615

2 084

77

2 161

From 1 to 2 years

3 264

85

3 349

2 914

68

2 982

2 350

63

2 413

From 2 to 3 years

1 906

76

1 982

1 728

53

1 781

1 469

45

1 514

From 3 to 5 years

1 963

73

2 036

1 844

95

1 939

1 526

83

1 609

From 5 to 7 years

1 159

55

1 214

1 128

50

1 178

944

52

996

From 7 to 10 years

871

30

901

915

25

940

852

21

873

From 10 to 15 years

809

45

854

835

49

884

809

51

860

Over 15 years

174

3

177

175

4

179

171

4

175

Life Sentence

19

1

20

21

1

22

24

1

25

Total

14 966

605

15 571

14 190

547

14 737

12 321

508

12 829

Length of the sentence

Figures up to 31.12.2003

Men

Women

Total

Up to 3 months

363

26

389

From 3 to 6 months

1 295

76

1 371

From 6 to 9 months

1 069

44

1 113

From 9 months to 1 year

2 236

86

2 322

From 1 to 2 years

2 645

76

2 721

From 2 to 3 years

1 468

51

1 519

From 3 to 5 years

1 501

72

1 573

From 5 to 7 years

835

54

889

From 7 to 10 years

858

27

885

From 10 to 15 years

821

53

874

Over 15 years

182

4

186

Life sentence

25

1

26

Total

13 298

570

13 868

Figures up to 31.12.2004

Figures up to 31.12.2005

Figures up to 31.12.2006

Length of the sentence

Men

Women

Total

Men

Women

Total

Men

Women

Total

Up to 3 months

506

34

540

546

28

574

396

22

418

From 3 to 6 months

1 649

99

1 748

1 889

120

2 009

1 662

123

1 785

From 6 to 9 months

1 162

49

1 211

1 322

67

1 389

1 253

67

1 320

From 9 months to 1 y r

2 314

83

2 397

2 442

113

2 555

2 403

136

2 539

From 1 to 2 years

2 978

87

3 065

3 152

95

3 247

2 556

129

2 685

From 2 to 3 years

1 563

61

1 624

1 620

81

1 701

1 505

81

1 586

From 3 to 5 years

1 546

74

1 620

1 556

91

1 647

1 911

87

1 998

From 5 to 7 years

801

54

855

837

43

880

1 098

46

1 144

From 7 to 10 years

878

34

912

909

42

951

1 225

44

1 269

From 10 to 15 years

808

57

865

838

55

893

1 029

57

1 086

Over 15 years

204

3

207

196

3

199

309

8

317

Life sentence

28

2

30

29

3

32

29

3

32

Total

14 437

637

15 074

15 336

741

16 077

15 376

803

16 179

Number of deaths and suicides in detention and custody

Unusual circumstance

Year

2000

2001

2002

2003

2004

2005

2006

M

W

M

W

M

W

M

W

M

W

M

W

M

W

Death of prisoners

Accused

Adult

4

3

1

1

1

2

3

Youth

Convicted

Adult

19

12

13

14

17

16

9

Youth

Total

23

15

14

15

18

18

12

Suicide

Accused

Adult

6

3

9

7

1

10

1

2

4

1

Youth

Convicted

Adult

2

1

1

4

3

5

4

4

Youth

1

Total

9

5

13

11

16

6

9

II. GENERAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS

A. Acceptance of international conventions on human rights and freedoms

106.The Czech legislation made one reservation in relation to the human rights agreements in particular in the case of the Convention on the Rights of the Child. The provision is described in more detail in the third and fourth periodic report on the fulfilment of commitments that stem from the Convention which has been given to the Committee for the Rights of a Child in 2008. The Czech legislation made another reservation in relation to the European Convention for the Protection of Human Rights and Fundamental Freedoms issued by the European Council in particular to articles 5 and 6. The reservation by the Czech legislation states that this provision does not prevent the legal custodial punishment in accordance with an Act on certain conditions of employment of soldiers (Act No. 76/1959 Coll).

107.The Czech Republic is the Contracting Party of the following international agreements on human rights:

(a)The International Convention on the Elimination of All Forms of Racial Discrimination;

(b)The International Covenant on Civil and Political Rights, including the Optional Protocol to The International Covenant on Civil and Political Rights, second Optional Protocol to The International Covenant on Civil and Political Rights regarding Capital punishment;

(c)The International Covenant on Economic, Social and Cultural Rights;

(d)The Convention on the Elimination of All Forms of Discrimination Against Women;

(e)The Convention on the Rights of the Child, including the Optional Protocol on the involvement of children in armed conflict;

(f)The Convention for the Protection of Human Rights and Fundamental Freedoms and the related Protocols;

(g)The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment, including the Optional Protocol to The Convention Against Torture and Other cruel, Inhuman or Degrading Treatment or Punishment;

(h)Framework Conventions for the Protection of National Minorities;

(i)European Social Charters and related Protocols ratified by the Czech Republic (as specified in the footnote below).

108.Texts of the ratified international conventions are published in the Czech language in the Collection of Laws. Texts of the introductory and periodical information documents on the fulfilment of resolutions deriving from International Covenants and Conventions are published on the Internet.

109.The significant feature of the Czech legal order is the Constitutional principle, article 10 Constitution of the Czech Republic, by which International Agreements are accepted, ratified and approved by Parliament. The Czech Republic is legally bound by International Agreements and form part of the legal order; in the case that the International Agreement states something apart from law it becomes valid.

110.As a Contracting Party to the Convention for the Protection of Human Rights and Fundamental Freedoms the Czech Republic approves the jurisdiction of the European Court of Human Rights. The Court makes the decision on complaints of persons, non‑government organizations and groups regarding alleged violations of those rights and freedoms guaranteed by the Convention. The decisions of the Court are legally binding for the Czech Republic. The decision process of the Court is under supervision of the Committee of Ministers of the Council of Europe.

B. The legal framework for the protection of human rights at the national level

111.In accordance with the Constitution, the Czech Republic is a sovereign, unitary and democratic state based on the respect of the rights and freedoms of individuals and citizens. Every citizen may act in any manner which is not prevented by law, while no one can be forced to act in a way that is not required by the law. The fundamental rights and freedoms are under the protection of the judicial power. The Constitutional Order in accordance with article 3 of the Constitution also contains the Charter of Fundamental Rights and Freedoms. The Charter respects the inviolability of fundamental human rights, citizen rights and the sovereignty of law.

112.The Charter introduces into the Constitutional Order most of the provisions stated in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The act of introduction of the Charter into the Constitutional Order of the Czech Republic ensured that all relevant Provisions of the two Covenants are also included in the Czech legislation. Apart from that, according to the constitutional law the Czech Republic accepted all the obligations that were relevant for the Czechoslovak Federative Republic up to its disappearance from the international law, other than those obligations related to the territory not under the sovereignty of the Czech Republic. This act ensured the continuity of the observance of all the obligations of the former Federation and the Czech Republic and beyond the framework of the obligations which stem from the Charter.

113.The Courts secure the principal protection of the rights guaranteed by international agreements in the Czech Republic. In accordance with article 36 Section 1 of the Charter, everyone is entitled to assert their individual rights according to law at the independent and impartial Courts and the specific cases at other legal institutions. Anyone who believes that their rights have been unfairly treated by a decision of public authorities may ask the Court to investigate the legality of such a decision if the law does not state otherwise. Above all, the jurisdiction of the Court does not exclude investigation of decisions related to the fundamental rights and freedoms guaranteed by the Charter. The Charter also amends the right on the compensation for damages caused by unlawful decision of the Court, another Government or public authority or the incorrect legal procedure.

114.Legal Standards related to human rights and fundamental freedoms are contained in the Constitution of the Czech Republic and the Charter as well as in the Material Civil Law and the Procedural Civil Law, the Criminal Law and the Administrative Law (the Civil Code and the Code of Civil Procedure, the Criminal Law and the Code of Criminal Procedure, the Administrative Code) and other legal procedures.

115.All of the Constitutional Laws, the legal and the administrative Codes valid in the Czech Republic including the documents of the ratified International Agreements are announced in the Collection of Laws and published with the commentary and references of the judicial literature.

116.The protection of rights in the sense of article 2 of the International Covenant on Civil and Political Rights and articles 2 and 4 of the International Covenant on Economic, Social and Cultural Rights is safeguarded by means of Constitutional complaints which may be submitted to the Constitutional Court by:

(a)An individual or legal body against the final decision or other provision of a public administration if they believe that the fundamental rights and freedoms, which are protected by the Constitutional Law or the International Convention for the Protection of Human Rights and Fundamental Freedoms by which The Czech Republic is legally bound, have been violated;

(b)Municipal Authorities against unlawful Government action;

(c)A political party against the decision on its dissolution or other decision which is not in compliance with the Constitution or the unlawful decision on its activity.

117.Along with the Constitutional complaint, the legal action for abolition of legislation or of its part may be lodged if the cause of the legal action is due to the fact that such legislation has been implemented and thereby caused a situation in which the constitutionally or internationally guaranteed rights and freedoms have been violated.

C.Institutions established for the purpose of the protection and support of human rights

118.In 1998 the Government established the post of a Government Commissioner for Human Rights. The key institutional measure for the improvement of the current situation and at the same time a reaction to the demands of international organizations regarding the institutional security of the protection of human rights in the country, was the creation of The Government Council of the Czech Republic for Human Rights. The Council is an advisory and coordination

body of the Czech Government for questions on protection of human rights and fundamental freedoms of individuals within the jurisdiction of the Czech Republic. The Council has made provisions for the cooperation with non‑government and non‑profit making organizations. The Council is composed of representatives of the non‑profit sector and representatives of the Public and the Government Administration. The Chairman of the Council is a Government Commissioner for Human Rights.

119.Over the same period, resolutions have been implemented for the establishment of the following new advisory bodies for the purpose of protection and support of human rights. The Government Council for National Minorities gives support to the cultural activities of the members of National Minorities. The Council is an advisory and Governmental initiative body for the questions relating to National Minorities and their members.

120.In 2001 the Government founded the Government Council for Equal Opportunities for Men and Women, which prepares proposals for assertion and achievement of equal opportunities. The Council in particular processes and recommends the basic conceptual directions for the Government procedure in the implementation of equal opportunities for men and women.

121.In 2003 the Government issued the Government Council for Sustainable Development as a permanent advisory, initiative and coordination body for the area of sustainable development and strategic management.

122.In 2006 the Government established the Government Council for the Senior and Elderly Population. The Council was established to create an environment for the healthy, active and dignified aging of the population, equal opportunities for senior citizens in all areas of life, protection of their human rights and the development of inter‑generational relationships in the family and in society.

123.The Government Council for Roma Community Affairs has been established to encourage the implementation of the human rights of the Roma Community who are more vulnerable to

discrimination, social exclusion and poverty in comparison to other ethnic groups. The purpose of the Council is to promote the integration of the Roma Community into the society and to ensure their equal opportunities.

124.Since 2007, the Office of Human Rights and National Minorities is managed by the Minister of Human Rights and National Minorities.

125.The Agency for Social Inclusion in the Roma Localities was established in January 2008 The Agency aims to improve the living conditions of inhabitants in these localities, to stop the growing number of Roma ghettos and set up the most effective model for the access of financing from the European funds for integration of the Roma Community.

126.The Protection of human rights and fulfilment of the obligations which stem from the international agreements, is the responsibility of Committees and Commissions of both Chambers of Parliament of the Czech Republic:

(a)The Petition Committee of the Chamber of Parliament which has two other Committees ‑ The Committee for Application of the Charter of Fundamental Human Rights and Freedoms and The Committee for Nationalities;

(b)The Permanent Committee for equal opportunities;

(c)The Committee for Education, Science, Culture, Human Rights and Petitions of the Senate of Parliament.

Distribution of information on the application of Human Rights

127.The introduction and periodical information on human rights, including the final recommendations of the United Nations Committees, are available to the public in both Czech and English on the web pages of the Government Office (www.vlada.cz) and can be found in the section on the Government Council for Human Rights and in the section on Government Resolutions.

Increase of the awareness of human rights amongst officials and other professions

128.Government officials involved with the issue of human rights, will complete at the beginning of their assignment, the initial educational course which also includes qualifications in the subject of human rights. After the initial course the employees will attend courses more specifically addressed to human rights. Employees also take part in other seminars of a more practical nature in order to broaden their knowledge and keep in touch with the current development of the issue. These seminars are arranged by the appropriate departments as well as by non‑government organizations.

Encouragement of the awareness of human rights through educational programmes and Government financed public information campaigns

129.The Secretariat of the Government of the Czech Republic for Human Rights ensures communication and cooperation between the Government Commissioner for Human Rights and Government Administration and Councils, organizations operating in public sector and other institutions, in particular the Ombudsman office. The Secretariat also manages awareness and education activities in relation to the protection of human rights, for example the Secretariat organizes the Government Campaign against racism each year.

130.In 2003 the Secretariat of the Council of the Government of the Czech Republic for Human Rights organized the Campaign on the unacceptability of domestic violence.

131.The Government also finances a number of other awareness activities. The realization happens on the level of the individual Ministries (the Ministry of the Interior, the Ministry of Labour and Social Affairs, the Ministry of Education, Youth and Sports) or in the form of support of the activities of the non‑government organizations.

Role of civil society including the non‑government and non‑profit making organizations

132.The Czech Republic provides the financial means to the Civil Society Development Foundation which gives help to endangered and disadvantaged groups, protects human rights, democratic values, contributes to the living in tolerance of the national minorities in the society or otherwise encourages the public interest in matters of local development and public life. The chief objective of the Foundation is to provide funding for individual grant programmes of the specific projects of non‑government and non‑profit making organizations registered in the Czech Republic, for example Civil Associations, Public Benefit organizations and churches. Between 1999‑2007 CZK 2.422 billion have been distributed from the Investment Foundation amongst seventy‑three Foundations.

133.The important mechanism for cooperation between the Government Administration and non‑government organizations in the area of human rights is the Council of the Government of the Czech Republic for Human Rights and its Committees. The Council also participate in the preparation of the periodical information regarding the fulfilment of the international obligations in the area of human rights.

Development cooperation and support

134.The Czech Republic definitely ceased to be the recipient of international development cooperation for the support of human rights after entry into the EU. The Czech Republic now offers development cooperation abroad.

135.The Czech Republic supports democracy and human rights in developing countries and countries in transition in the form of transformation cooperation. The focus is on the establishment and strengthening of democratic institutions, legislation of the state, civil society

and implementation of the principles of correct administration of public affairs ‑ ‘good governance’. Transformation cooperation is implemented in particular through: educational projects, information distribution, sharing of views and experience with a non‑violent rejection of totalitarian systems in the process of social transformation. In 2004 the Program of Transformation Cooperation was established for this purpose. Since 2005 the Program operates with an annual budget. The objectives of the Program are defined in the Conception of the Transformation Cooperation which identifies states the following priority countries: Belarus, Bosnia and Herzegovina, Georgia, Iraq, Cuba, Moldova, Myanmar/Burma, Serbia and Ukraine.

136.Twenty‑two projects and individual activities were realised with CZK 7.56 million in 2005, 55 projects and individual activities with CZK 47.221 million in 2006 and 17 projects were realized in 2007.

137.The chief objective of the development cooperation ‑ reducing poverty in the developing countries ‑ stems from the Conception of the Foreign Development Support of the Czech Republic for the period 2002‑2007. The Czech Republic in the Conception promotes democracy, human rights and social justice, the integration of developing countries into the world economic system and sustainable global development. International statistics on the amount of foreign support is monitored by the Organization for Economic Cooperation and Development (OECD), which also defines the criteria of Official Development Assistance.

138.The Czech Republic official developmental assistance costs between 2000‑2006 are shown in the table.

Year

2000

2001

2002

2003

2004

2005

2006

Official developmental assistance

Bilateral assistance

245.40 million CZK

568.20 million CZK

1 025.00 million CZK

2 668.30 million CZK

1 631.50 million CZK

1 541.95 million CZK

1 756.70 million CZK

Multilateral assistance

378.20 million CZK

439 million CZK

460.90 million CZK

287.60 million CZK

1 148.60 million CZK

1 694.01 million CZK

1 880.20 million CZK

139.Since 2006, 75 per cent of resources for the bilateral assistance projects were directed to the eight priority countries: Angola, Bosnia and Herzegovina, Yemen, Moldova, Mongolia, Serbia, Vietnam and Zambia. In 2008 the priority countries were: Burma, Belarus, Bosnia and Herzegovina, Georgia, Iraq, Cuba, Moldavia, Serbia and Ukraine. With the entry of the Czech Republic into the EU the Principles of the Foreign Development Assistance are the conceptual basis of closer territorial concentration of the development assistance. The selection of the priority countries is based on the following criteria: need for help, the ability of the country to receive assistance and the tradition of development cooperation. The development projects will continue and there are around 30 countries at present that receive help. It is essential that assistance is not divided amongst too many different projects but rather concentrated into a smaller number of countries and sectors.

140.The humanitarian programme MEDEVAC was designed for patients, in particular children from areas afflicted by war or other areas in need of help which have no means to receive medical assistance locally and when their medical condition is so serious that their life is in danger. The programme is designed for patients in need of medical help that is unavailable in their home countries. The Ministry of the Interior provides the technical means and the possibility which enables medical help for these seriously ill and injured patients in the Czech Republic whilst at the same time guarantees the arrangement of the legal stay of these patients in the Czech Republic, as well as covering all the costs in relation to their medical cure and arrangement of transport back to their country of origin. The operation of child patients requires the written consent of the legal guardian in case of an essential medical operation the extent of which can only be predicted after expert examination in the Czech Republic. It is therefore necessary that within the programme child patients are accompanied by their legal guardian in the Czech Republic.

141.Current statistics of the humanitarian programme MEDEVAC show 114 transported cases that were given medical support in the Czech Republic (predominantly children), from areas afflicted by war or natural catastrophe, including Bosnia and Herzegovina, Kosovo, Chechnya, Iraq, Pakistan and Afghanistan between 1993‑2007.

D. The process of preparation of reports at the national level

142.The reports are issued by the Department of the Secretariat of the Government Office of the Czech Republic for Human Rights on the basis of the sources given by the central bodies of the Government Administration: The Ministry of Transport, The Ministry of Finance, The Ministry of Culture, The Ministry of Defence, The Ministry for the Regional Development, The Ministry of Labour and Social Affairs, The Ministry of Justice, The Ministry of Education, Youth and Sports, The Ministry of the Interior, The Ministry of Foreign Affairs, The Ministry of Health, The Ministry of Agriculture, The Ministry of Environment, The Czech Statistic Office and the Ombudsman Office. Other sources of information are non‑government and non‑profit making organizations and academic institutions.

143.Reports are processed by the interdepartmental comment procedure and submitted to the Government before they are sent to the United Nations Secretariat.

III.INFORMATION ON NON‑DISCRIMINATION AND EQUALITY AND THE MEANS OF PREVENTING DISCRIMINATION AND INEQUALITY

144.The principle of equality is amended by the Constitution of the Czech Republic and the Charter. Article 1 of the Charter states the freedom and equality of people in dignity and the rights. Article 3 of the Charter Section 1, states: the fundamental rights and freedoms are guaranteed to all irrespective of gender, race, colour of the skin, language, faith or religion, political or other opinion, national or social origin, belonging to a national or ethnic minority, property, birth or other status. Article 3, Section 3 of the Charter provides that no person shall be caused injury to the rights for the application of his fundamental rights and freedoms. The prohibition of discrimination is contained also in article 24 of the Charter states that belonging to any national or ethnic minority must not be detrimental to anyone.

145.Protection against discrimination is also amended by international agreements by which the Czech Republic is legally bound.

146.The principle of equality is contained in particular in the provisions of the Civil Code and the Code of Civil Procedure, law on Employment, law on State Social Support, law on Education, law on the Consumer Protection and others.

147.The Law on Employment prevents direct and indirect discrimination in the application of this Law for reasons of gender, sexual orientation, race or ethnic origin, nationality, citizenship, social origin, birth, language, health, age, faith or religion, property, marital or family status, age or family duties, political or other opinion, membership and activity in political parties or movements, trade unions or employer organizations. Law also prevents persecution and the victim of discrimination has the right to seek protection in court.

148.The Czech Republic provides protection against discrimination by means of courts. The court procedure and the involvement of participants in the civil court proceedings are amended by the Code of Civil Procedure which states that each individual has the right to seek protection in court for the injustice of the right being in danger or violated ‑ the case proceeding in matters of individual civil rights protection. The Code of Civil Procedure states the principle of transference of the burden of proof in cases of alleged discrimination on the basis of race or ethnic origin in matters of providing medical support and social security, access to education and higher vocational qualification, access to public procurement, membership in employee or employer organizations, membership in professional and vocational associations and selling goods in the shop or offering services. The Code of Civil Procedure and The Code of Administrative Procedure allow the participants to be represented by associations in the matters of protection against discrimination on the basis of gender, race or ethnic origin, religion, faith, opinion, disability, age or sexual orientation providing that the statutes of the association contain the protection against discrimination. A similar resolution is contained in law on Consumer Protection, which states that legal action may be placed for court proceedings in matters of consumer protection in absence by association representing the consumer in legal proceedings providing that the statutes of the association contain the appropriate objectives.

149.The particular provisions of The Code of Criminal Procedure and The Criminal Law ensure the form of penal procedure against race or ethnic origin discrimination. The Municipal Authorities also have the legal power to ensure penalization against discrimination.

150.The Ombudsman of Rights acts in the name of the protection of the rights of individuals involved in official proceedings and proceedings of other State administration institutions if the procedure does not conform to law, principles of democratic legal state and good governance. The Ombudsman contributes to the protection of fundamental rights and freedoms in the case when the official body does not take legal measures against unlawful action.

151.The Czech Trade Inspection controls and monitors the correct process and provision of services related to the sale or delivery of goods and products or offering services including the non‑discrimination policy.

152.The Ministry of Labour and Social Affairs, Job Centres and The National Labour Inspectorate control the legality of employment in accordance with law. The control activity is in particular concerned with the correct application of work and employment legislation procedure including the non‑discrimination policy.

153.The Government follows the principle of equal opportunities for men and women in all its decision making processes with the belief that implementation of this principle is an effective method for the realization of true equality. The individual Ministers have the duty to include education on human rights in relation to equal opportunities for men and women in educational programmes and for the employees in the administration sector. Protection against various forms of discrimination in particular at the conceptual level and in the formation of policies is the responsibility of four Government advisory bodies ‑ The Council of the Government of the Czech Republic for Human Rights, The Government Council for National Minorities, The Council of the Government of the Czech Republic for Equal Opportunities for Men and Women and The Council of the Government of the Czech Republic for the Roma Community Affairs.

154.The Government made a provision for the Law on equal treatment and legal protection against discrimination ‑ ‘anti‑discrimination law’ which is to unite the legislation on the protection against discrimination and to ensure the compliance of the Czech legal system with the EU legislation. Information on the proposal of the ‘anti‑discrimination law’ is contained in the third and fourth periodic reports on the fulfilment of obligations which stem from the Convention on the Rights of the Child, Chapter on General Principles, No. 46, and following, as well as in the third and fourth periodic reports on the fulfilment of obligations which stem from the Convention on the Elimination of All Forms of Discrimination against Women.

The number of convicted cases including the number of convicted for specific offences between 2003‑2007

Index

2003

2004

2005

2006

2007

Total number of convicted cases

66 131

68 442

67 561

69 445

75 728

Paragraph 219 ‑ murder

173

143

153

121

118

Paragraph 221, 222, 225 ‑ grievous bodily harm, affray

3 065

3 298

3 082

2 714

2 390

Paragraph 234 ‑ robbery

1 587

1 695

1 608

1 532

1 411

Paragraph 241 to 243 ‑ rape and sexual abuse

557

595

491

468

455

Paragraph 247, 248, 250 ‑ theft, embezzlement, fraud

23 465

22 855

21 263

20 201

18 747

Paragraph 246 ‑ trafficking in women/paragraph 232a trafficking in human beings

5

12

20

1

0

0

0

0

1

4

The total number of judges up to 1 January 2005 and 2006

Courts

Planned No.

Evidence No.

Difference

Planned No.

Evidence No.

Difference

Municipal court Praha- Judges - Regional court

263

232

-31

241

227

-14

District court

299

326

27

321

335

14

Candidates

0

72

42

Regional court Praha- Judges - Regional court

100

86

-14

95

89

-6

District court

175

174

-1

175

173

-2

Candidates

0

20

12

Regional court Č.Buděj. - Judges - Regional court

65

49

-16

63

49

-14

District court

92

99

7

92

99

7

Candidates

0

15

11

Regional court Plzeň- Judges - Regional court

101

75

-26

104

78

-26

District court

144

164

20

144

163

19

Candidates

0

23

15

Regional court Ústí n/L. - Judges - Regional court

110

90

-20

121

93

-28

District court

240

223

-17

240

231

-9

Candidates

0

25

11

Regional court Hr.Král. - Judges - Regional court

100

84

-16

101

83

-8

District court

157

174

17

157

174

17

Candidates

0

14

10

Regional court Brno - Judges - Regional court

180

145

-35

187

150

-37

District court

263

274

11

263

278

15

Candidates

0

35

22

Regional court Ostrava- Judges - Regional court

199

145

-54

201

144

-57

District court

322

324

2

322

328

6

Candidates

0

53

42

High Court Praha - Judges

94

89

-5

92

92

0

High court Olomouc - Judges

48

44

-4

48

47

-1

Supreme court - Judges

65

60

-5

62

62

0

Supreme Administrative court - Judges

42

21

-21

34

25

-9

Total - Judges -Regional court

1118

906

-212

1113

913

-200

High courts - Supreme courts and Supreme Administrative courts District court

1421071 692

133811 758

-9-26

1409666

139871 714

-1-91 781

Total Judges in the Czech Republic

3 059

2 878

-181

3 063

2 920

-143

Total - Candidates -Regional court(67)

257

165

The total numbers of public prosecutors up to 1 January 2005 and 2006

Public Prosecutor’s Office

Planned No.

Evidence No.

Difference

%

Planned No.

Evid. No.

Difference

%

Municipal Public Prosecutor’s Office Praha

MPPO

50

42

‑ 8

84%

51

47

‑ 4

92%

DPPO

130

128

‑ 2

98%

129

127

‑ 2

98%

C.

16

3

Total:

180

170

‑ 10

94%

180

174

‑ 6

97%

Regional Public Prosecutor’s Office Praha

RPPO

28

20

‑ 8

71%

24

21

‑ 3

88%

DPPO

92

73

‑ 19

79%

96

83

‑ 13

86%

C.

14

6

Total:

120

93

‑ 27

77%

120

104

‑ 16

87%

Regional Public Prosecutor’s Office Č. Budějovice

RPPO

17

16

‑ 1

94%

17

16

‑ 1

94%

DPPO

56

45

‑ 11

80%

56

49

‑ 7

88%

C.

5

2

Total:

73

61

‑ 12

84%

73

65

‑ 8

89%

Regional Public Prosecutor’s Office Plzeň

RPPO

24

18

‑ 6

75%

22

18

‑ 4

82%

DPPO

83

73

‑ 10

88%

85

82

‑ 3

96%

C.

18

5

Total:

107

91

‑ 16

85%

107

100

‑ 7

93%

Regional Public Prosecutor’s Office Ústí n/L.

RPPO

34

26

‑ 8

76%

34

25

‑ 9

74%

DPPO

112

85

‑ 27

76%

112

96

‑ 16

C.

12

6

Total:

146

111

‑ 35

75%

146

121

‑ 25

83%

Regional Public Prosecutor’s Office Hradec Kr.

RPPO

24

22

‑ 2

92%

24

21

‑ 3

88%

DPPO

85

71

‑ 14

83%

85

74

‑ 11

87%

C.

11

5

Total:

109

93

‑ 16

85%

109

95

‑ 14

87%

Regional Public Prosecutor’s Office Brno

RPPO

39

33

‑ 6

85%

39

32

‑ 7

82%

DPPO

137

113

‑ 24

82%

137

120

‑ 17

88%

C.

30

15

Total:

176

146

‑ 30

83%

176

152

‑ 24

86%

Regional Public Prosecutor’s Office Ostrava

RPPO

43

29

‑ 14

68%

43

32

‑ 11

74%

DPPO

180

145

‑ 35

80%

180

161

‑ 19

89%

C.

58

34

Total:

223

174

‑ 49

78%

223

193

‑ 30

87%

Chief Public Prosecutor’s Office Praha

59

56

‑ 3

95%

59

54

‑ 5

92%

Chief Public Prosecutor’s Office Olomouc

28

25

‑ 3

89%

28

26

‑ 2

93%

The Supreme Public Prosecutor’s Office

51

47

‑ 4

92%

51

47

‑ 4

92%

Total ‑ Public Prosecutors

1 272

1 066

‑ 206

84%

1 272

1 131

‑ 141

89%

Total ‑ Candidates

164

76

The numbers of policemen and civil servants to 100,000 inhabitants in 2002‑2006

Year

2002

2003

2004

2005

2006

Number of inhabitants

10 206.436

10 203.269

10 211.455

10 220.577

10 251.079

Number of policemen

44 887

45 894

46 819

47 129

45 207

Number of civil servants

11 804

11 913

11 896

11 658

11 437

Number of policemen to 100,000 inhabitants

439.8

449.8

458.5

461.1

441

Number of civil servants to 100,000 inhabitants

115.7

116.8

116.5

114.1

111.6

Number of policemen and civil servants to 100,000 inhabitants

555.4

566.6

575

575.2

552.6

The amount of public costs on police/security between 2000‑2006

The costs on the police force between 2000‑2006 in CZK (thousand)

Year

Police force Total from the beginning of the year

Police of the Czech Republic Total without transfer into the reserve fund

2000

22 375.45

22 075.853

2001

23 185.932

22 535.284

2002

25 486.988

24 866.069

2003

27 309.981

26 490.173

2004

29 060.071

27 971.171

2005

32 472.831

30 273.654

2006

34 011.414

32 417.454

The elections for the Chamber of Deputies of Parliament of the Czech Republic in 2002

Code and name of the region

Constituencies

Registered electors

Envelopes sent out

Election participation in %

Envelopes returned

Valid votes

Valid votes in %

Total

Processed

%

CZ0110

The Capital ‑ Prague

1 105

1 105

100.00

982 543

589 283

59.98

588 650

586 459

99.63

CZ0210

Central Bohemian

2 047

2 047

100.00

918 747

540 056

58.78

539 546

537 201

99.57

CZ0310

South Bohemian

1 260

1 260

100.00

502 951

292 287

58.11

292 119

290 888

99.58

CZ0320

Pilsen

1 090

1 090

100.00

449 559

260 733

58.00

260 540

259 470

99.59

CZ0410

Karlovy Vary

348

348

100.00

243 169

121 986

50.17

121 854

121 140

99.41

CZ0420

Ústí

1 045

1 045

100.00

664 668

336 637

50.65

336 377

334 662

99.49

CZ0510

Liberec

580

580

100.00

341 225

190 493

55.83

190 361

189 441

99.52

CZ0520

Hradec Králové

937

937

100.00

441 725

268 735

60.84

268 466

267 341

99.58

CZ0530

Pardubice

871

871

100.00

403 799

246 885

61.14

246 476

245 335

99.54

CZ0610

Vysočina region

1 169

1 169

100.00

409 935

255 990

62.45

255 809

254 808

99.61

CZ0620

South Moravia

1 499

1 499

100.00

922 412

553 757

60.03

553 193

550 759

99.56

CZ0710

Olomouc

913

913

100.00

510 163

300 393

58.88

300 103

298 763

99.55

CZ0720

Zlín

680

680

100.00

474 232

284 656

60.02

284 414

283 192

99.57

CZ0810

Moravia ‑ Silesia

1 324

1 324

100.00

999 356

551 815

55.22

551 237

548 547

99.51

Total

14 868

14 868

100.00

8 264.484

4 793.706

58.00

4 789.145

4 768.006

99.56

The elections for the Chamber of Deputies of Parliament of the Czech Republic in 2006

Code and name of the region

Constituencies

Registered electors

Envelopes sent out

Election participation in %

Envelopes returned

Valid votes

Valid votes in %

Total

Processed

%

CZ010

The Capital ‑ Prague

1 112

1 112

100.00

963 199

659 883

68.51

659 147

656 495

99.60

CZ020

Central Bohemia

2 047

2 047

100.00

943 840

622 543

65.96

622 200

620 047

99.65

CZ031

South Bohemia

1 367

1 367

100.00

518 573

338 949

65.36

338 710

337 387

99.61

CZ032

Pilsen

1 088

1 088

100.00

453 899

290 115

63.92

289 884

289 049

99.71

CZ041

Karlovy Vary

348

348

100.00

244 051

137 841

56.48

137 748

137 117

99.54

CZ042

Ústí

1 046

1 046

100.00

658 371

376 720

57.22

376 374

374 736

99.56

CZ051

Liberec

584

584

100.00

347 095

216 410

62.35

216 252

215 510

99.66

CZ052

Hradec Králové

939

939

100.00

445 372

297 024

66.69

296 855

295 931

99.69

CZ053

Pardubice

871

871

100.00

408 177

274 984

67.37

274 846

273 921

99.66

CZ061

Vysočina

1 137

1 137

100.00

409 618

276 960

67.61

276 832

275 997

99.70

CZ062

South Moravia

1 407

1 407

100.00

936 694

611 527

65.29

611 096

608 804

99.62

CZ071

Olomouc

923

923

100.00

519 383

335 120

64.52

334 845

333 849

99.70

CZ072

Zlín

679

679

100.00

480 215

321 258

66.90

321 033

319 933

99.66

CZ080

Moravia Silesia

1 318

1 318

100.00

1 004.818

613 115

61.02

612 673

610 200

99.60

Total

14 866

14 866

100.00

8 333.305

5 372.449

64.47

5 368.495

5 348.976

99.64

The elections for the District Councils in 2000

Code and name of the region

Constituencies

Registered electors

Envelopes sent out

Election participation in %

Envelopes returned

Valid votes

Valid votes in %

Total

Processed

%

CZ0210

Central Bohemia

2 049

2 048

99.95

894 615

293 178

32.77

291 032

284 275

97.68

CZ0310

Budějovice

1 266

1 266

100.00

495 549

169 147

34.13

168 424

165 241

98.11

CZ0320

Pilsen

1 093

1 093

100.00

443 935

157 797

35.55

157 230

15 890

97.24

CZ0410

Karlovy Vary

348

348

100.00

239 385

68 072

28.44

67 799

65 812

97.07

CZ0420

Ústí

1 051

1 051

100.00

649 187

192 665

29.68

191 314

184 625

96.50

CZ0510

Liberec

580

580

100.00

336 369

111 241

33.07

110 980

108 272

97.56

CZ0520

Hradec Králové

935

935

100.00

436 977

151 827

34.74

151 607

148 754

98.12

CZ0530

Pardubice

878

878

100.00

400 795

146 118

36.46

145 395

141 908

97.60

CZ0610

Jihlava

1 172

1 171

99.91

406 054

145 609

35.86

144 960

141 430

97.56

CZ0620

Brno

1 390

1 390

100.00

905 459

316 306

34.93

315 574

310 648

98.44

CZ0710

Olomouc

913

913

100.00

507 341

173 467

34.19

172 867

167 639

96.98

CZ0720

Zlín

680

680

100.00

470 707

169 795

36.07

169 274

164 727

97.31

CZ0810

Ostrava

1 324

1 324

100.00

996 130

321 163

32.24

320 209

312 903

97.72

Total

13 679

13 677

99.99

7 182.503

2 416.385

33.64

2 406.665

2 349.124

97.61

The elections for the Regional Councils 2004

Code and name of the region

Constituencies

Registered electors

Issued cards

Election participation in %

Returned cards

Valid votes

Valid votes in %

Total

Processed

%

CZ020

Central Bohemia

2 047

2 047

100.00

925 330

284 351

30.73

283 805

277 453

97.76

CZ031

South Bohemia

1 259

1 259

100.00

502 938

153 151

30.45

152 740

149 088

97.61

CZ032

Pilsen

1 088

1 088

100.00

449 374

14 814

31.34

140 641

138 504

98.48

CZ041

Karlovy Vary

348

348

100.00

241 442

60 337

24.99

60 163

58 652

97.49

CZ042

Ústí

1 046

1 046

100.00

656 799

166 602

25.37

166 265

163 175

98.14

CZ051

Liberec

584

584

100.00

343 147

105 788

30.83

105 604

103 998

98.48

CZ052

Hradec Králové

939

939

100.00

442 119

143 942

32.56

143 770

142 145

98.87

CZ053

Pardubice

871

871

100.00

406 730

132 580

32.60

132 098

128 921

97.59

CZ061

Vysočina

1 137

1 137

100.00

407 000

129 509

31.82

129 336

127 251

98.39

CZ062

South Moravia

1 417

1 417

100.00

930 744

276 526

29.71

275 816

269 422

97.68

CZ071

Olomouc

923

923

100.00

516 974

147 024

28.44

146 783

144 724

98.60

CZ072

Zlín

680

680

100.00

479 121

146 758

30.63

146 549

144 617

98.68

CZ080

Moravia ‑ Silesia

1 314

1 314

100.00

1 005.660

277 074

27.55

276 359

269 493

97.52

Total

13 653

13 653

100.00

7 307.378

2 164.456

29.62

2 159.929

2 117.443

98.03

‑‑‑‑‑