Czech Republic

Treaty Bodies Jurisprudence

Human Rights Committee

The Human Rights Committee considered Communication No. 1191/2003 (CCPR/C/79/D/1191/2003, 7 November 2003) concerning the manner in which the State Social Security Administration, Prague Office, had calculated the claimant's disability benefits. The individual noted that an appeal before the High Court was stopped as a result of an amendment of the law and that in order to submit an appeal to the Supreme Administrative Court, she was required to have a representative who is a lawyer or has at least higher legal education. The claimant asserted: (a) discrimination on the basis of her lack of education in a Czech law school; (b) the lack of remedy against arbitrary decisions of the lower courts.

The Committee recalled previous decisions in which it did not consider that the requirement of legal representation before the highest national judicial instance was not based on objective and reasonable criteria. With that in mind, the Committee stated that the complainant had not presented any arguments in support of her claim, beyond the assertion that this requirement was discriminatory. The Committee stated that the claim had not been substantiated and that the communication was inadmissible.

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