Czech Republic

Thematic Reports

Mechanisms of the Commission on Human Rights

Independence of judges and lawyers, Special Rapporteur on the: (E/CN.4/2003/65/Add.1, paras. 42-44)

In response to the Special Rapporteur's previous communications (see E/CN.4/2002/72, annex, paras. 40-42) the government provided information on the April 2002 Law on Courts and Judges, noting provisions related to the following: the qualifications of judges; removal; appointment; performance assessments; impartiality; liability for disciplinary breaches, noting that removal from office is the most severe sanction; obligatory continuing education, except for Supreme Court judges. The SR noted continuing concern about the extensive powers that the Minister of Justice has over appointments, the exercise of judicial functions, the evaluation of the performance of judges and discipline.

Sale of children, child prostitution, child pornography, Special Rapporteur on: (E/CN.4/2003/79, para. 37)

The Special Rapporteur noted information related to: the July 2002 amendments to the Penal Code to bring Czech law concerning trafficking of children and child pornography; the criminalization of the procurement of children for prostitution, and of profits from child prostitution; the particular concern about child prostitution in large urban areas and in the regions bordering Germany and Austria; the provisions under which children do not incur liability for their involvement in such offences, except where a child, from the age of 15, procures another child for prostitution or disseminates child pornography.

Violence against women, Special Rapporteur on: (E/CN.4/2003/75/Add.1, paras. 1953-1969)

The Special Rapporteur (SR) noted that the Czech Republic ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1993 and the Optional Protocol in 2001.

On the subject of legislation, the report notes the following points, inter alia: a number of improvements in the national legal system with regard to women's rights; the introduction of the principle of gender equality into the legal system through the revision of such acts as the Employment Act, the Labour Code and the Wages and Salaries Acts; the lack of public debate about violence against women, but noting that a series of public service announcements on radio and television received nationwide attention; the lack of a specialized legislative instrument governing violence against women, but noting that the protection of women is an integral part of criminal law, social and family law, and the civil code; the preparation of a new Penal Code in which domestic violence will be specifically addressed; the failure in current legislation to address spousal abuse specifically, noting that the Criminal Code covers other forms of domestic violence; the definition of sexual harassment in labour law, noting a case in 1999 in which a university student became the first woman to win a civil sexual-harassment lawsuit; the prohibition of trafficking; the illegality of organizing prostitution and pimping.

With regard to policies and programmes, the report notes the following elements, among others: a comprehensive awareness and prevention programme designed to address the problems of trafficking, abuse and violence against women; the establishment in 2001 of an interministerial working group to create interdisciplinary teams allowing for health care, social, legal and police cooperation in detecting and prosecuting cases of violence against women; a police training programme in protocols for investigating family violence and sexual crime cases, noting that police do not engage in regular contact with welfare and medical services; instructional material for police to improve the identification and investigation of domestic violence and sexual abuse cases and to sensitize police to the treatment of victims; the provision of assistance services for victims of rape, including shelters; the work of the police division on organized crime, including a unit on trafficking in persons; the introduction in 2001 of a school curriculum package to educate minors about trafficking; the continuing presence of deeply rooted prejudices and attitudes regarding the traditional division of roles between men and women, noting that, in many cases, these opinions are reflected in an unequal standing of partners within marriage, when raising children, and during divorce proceedings, including their standing before the state authorities.

The following issues of concern were identified by the SR, inter alia: the incidence of violence against women, noting that police do not keep detailed records in relation to the extent and scope of domestic violence; the definition of the crime of rape, based on the use of force rather than on lack of consent; the failure to make rape within marriage a specific crime; the presence of male guards in prisons for women where that may lead to an abuse of authority; the lack of special assistance for victims of domestic violence; the lack of professionally trained staff - e.g. psychologists, social workers, police, doctors and nurses - capable of responding to cases of domestic violence; the insensitivity of police and investigating authorities to victims of domestic violence; the lack of an adequate response by the authorities to violence perpetrated against Roma women, noting reports of systemic police discrimination and violence against Roma communities and their effects on the willingness of Roma women to approach the authorities for assistance and redress; the socio-economic marginalization of Roma women, limiting their access to justice; the fact that the Czech Republic is a country of origin, transit and destination for trafficking in persons; the treatment of foreign victims of trafficking as illegal immigrants; the situation of Czech citizens who are trafficked to other countries and return, noting that they are frequently loath to go to their families or public social-service providers for help because of the stigma attached to having been trafficked.

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