COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS STARTS CONSIDERATION OF INITIAL REPORT OF THE CZECH REPUBLIC

CESCR
28th session
30 April 2002
Morning



No Cases of Discrimination against Women
before the Courts, Delegation Says



The Committee on Economic, Social and Cultural Rights this morning started its consideration of an initial report from the Czech Republic, querying a Government delegation, among other things, on the absence of legal provisions to protect women from violence; the situation of the Roma population; and conditions of asylum-seekers who were minors.
Introducing the report, Miroslav Fuchs, Deputy Minister of Labour and Social Affairs of the Czech Republic, said that the report described a complex period after the collapse of the totalitarian regime that had ruled the country for decades.
Mr. Fuchs said that the first ten years had seen profound economic and social changes that had resulted in the creation of a democratic society with a multi-party political system, a market-oriented economy and solid guarantees of human rights and liberties. In many aspects, that period did not, and could not, concentrate on fine-tuning details, as momentous changes were in the offing.
Following the introduction of the report, several Committee Experts queried the members of the delegation on issues pertaining to, among other things, the absence of a legal provision protecting women from violence; discrimination against women; the absence of a national plan of action on human rights in accordance with the Vienna Declaration; the situation of the Roma minority; the role of the Ombudsman; and the unimproved conditions of asylum-seekers who were minors.
The delegation responded to some of the questions raised by Committee members by saying that there was no specific legislation designed to protect women from violence. They also said that not a single case was submitted to courts by women complaining that they were victims of discrimination.
The Czech delegation was also made up of Alexander Slaby, Ambassador and Permanent Representative of the Czech Republic to the United Nations Office at Geneva; Andreu Barsova, Council for Human Rights; Pavel Cink, of the Ministry of Education, Youth and Sport; Daniela Grabmullerova, of the Ministry for Regional Development; Ivana Schellongova, from the Permanent Mission of the Czech Republic at Geneva; Vit Schorm, of the Ministry of Justice; Hana Snajdrova, of the Ministry of Interior; Alena Steflova, of the Ministry of Health; and Renata Romanova, of the Ministry of Culture.
The Czech Republic is among the 145 States parties to the International Covenant on Economic, Social and Cultural Rights and as such it is expected to submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of the Czech Republic by hearing additional responses from the Czech delegation to questions raised this morning.

Report of the Czech Republic
The initial report, contained in E/1990/5/Add.47, enumerates the measures taken by the State with the view to implementing the provisions of the International Covenant on Economic, Social and Cultural Rights. It says that the country is a very homogenous nation with 95 per cent of all people describing themselves as being of Czech nationality. The most numerous other nationalities are Slovak, Polish, German, and Romani. The country also has inhabitants of Hungarian, Ukraine, Russian, Bulgarian, Greek and other nationalities. During the 1990s, the population environment worsened, and important demographic indicators -- the marriage, fertility and birth rates -- declined. The high divorce rate is a continuing negative phenomenon. In 1997, virtually 42 per cent of marriages ended in divorce.
The report notes that the principle of equality of men and women is contained in the Constitution -- the Charter. It protects the individual rights of men and women and formally ensures that the rights guaranteed by the Covenant can be exercised equally by both sexes. Observance of the principle of equal treatment of men and women in employment is monitored by employment inspection bodies. Women generally have a higher education level than men, and predominate primarily in categories requiring completed secondary education.
It also notes that the overall living standard of the population of the Czech Republic can be described as satisfactory, particularly in comparison with other countries that have been undergoing transformation since 1990, after political changes. The problem of hunger does not exist in the country, rather the opposite, and positive changes in the structure of food consumption by the population need to be maintained. Food consumption in the country corresponds in amount and structure to the basic food groups of most European Union countries. There is overall high consumption of grains and above average consumption of eggs and pork.
The report says that there were declining numbers of children in kindergarten until 1991 when a changed attitude to kindergarten appeared, relating to extended maternity leave and the gradually changing model of the family where the mother stays at home even after maternity leave and continues to raise her children herself. The declining demographic trend also played a role, and is the main cause of the recent decline in the number of children in kindergarten. However, despite the declining number of children in nursery schools, they are still attended by 88 per cent of all pre-school-age children and the role of kindergartens in raising children is irreplaceable.

Introduction of Report
MIROSLAV FUCHS, Deputy Minister of Labour and Social Affairs of the Czech Republic, said that the report described a complex period after the collapse of a totalitarian regime that had ruled the country for decades. The first ten years had seen profound economic and social changes that had resulted in the creation of a democratic society with a multi-party political system, a market-oriented economy and solid guarantees of human rights and liberties. In many aspects, that period did not, and could not, concentrate on fine-tuning details, as momentous changes were in the offing.
Mr. Fuchs said that even Communist Czechoslovakia had had a relatively well-designed and admittedly also functioning social system: people had jobs, health care was free of charge for the sick, housing was generally provided for, many of the cultural monuments were restored, among other things. Indeed, people did have jobs and went to work. Work was compulsory and the State decided how many people the employers should give jobs to. If persons failed to find work, it was the duty of the State to find jobs for all.
Mr. Fuchs said the centrally planned economy had never really bothered about the actual economic situation, and the national debt had continued to rise. In the realm of the social system, the State was the stern father that decided on all aspects of life of his offspring, including what they wanted and what they needed. Those without shelter would be granted housing on the quality of which they had no say. The State decided about the individual's social needs and how to provide them without ever asking the individual if the proposed solution was appropriate.
At present, the amended labour code stipulated for equal treatment of both sexes in working conditions, remunerations, professional training and career opportunities, as well as banning direct and indirect discrimination, Mr. Fuchs said. Of great significance was the task for the Government to put forward a legal regulation concerning protection against discrimination. However, experience had shown that legal regulation of the legal magnitude had little effect when put in practice. It showed that the problem of facing discrimination was best addressed in the realm of common law, and not on the constitutional level.

Consideration of Report
An Expert said that he was puzzled by Czech legislation. From the material he had received from non-governmental organizations, he said that victims of racial discrimination did not get any sort of remedy to their demands. The violation of the right to housing was also not justiciable. The Constitutional Court was not providing remedies, due to the absence of anti-racial discrimination legislation. Did the Government envisage to draft an anti-discrimination law?
Another Expert said that the monitoring of the ombudsman was accountable to the Government and not to the parliament. In addition, regional authorities were not held responsible for their acts or their omission of the implementation of the provisions of international conventions, it was only the central government that was liable.
There were two major concerns in the country with regard to human rights, an Expert said. There was no legislation in the country to protect women inside and outside of their home. There were no centres to host victims of violence. The only remedy was to separate the women from the perpetrator of the violence, thus leading her to further difficulties. The other problem was that of the Roma, which had been going on from one generation to another. The Government knew of the existence of the problem and that was why it was taking measures to alleviate the difficulties faced by the Roma. The majority of Roma people were without employment, and their children were not receiving proper education. Why was it that the Government did not find solutions to the problems of Roma, women and juveniles?
Taking up the same topic of the Roma population, another Expert said that, more than other minorities, Roma people were targets of violence and their rights were being violated. No court was dealing with their plight and no remedy was provided to them. Their children did not go to school on a regular basis. There was also segregation with regard to housing, even to the extent in one case that walls had been built to separate them from the neighbourhood. With regard to refugees, the 1951 Geneva Convention on the Status of Refugees was not properly applied concerning family reunion.
An Expert asked if discrimination on the basis of gender discrimination was considered by the Supreme Court, saying that women might not be aware of their rights to lodge complaints if they found themselves victims of sexual discrimination. Were women recruited into the military and police forces?
The delegation was asked by an Expert to give a clear signal to the relevance of the provisions of the International Covenant on Economic, Social and Cultural Rights. Did the Covenant serve to design Government policies? Did the Covenant have special status within the domestic exercise of the law? On minority rights, what was the interpretation of the Czech Government? Did minorities enjoy special rights?
With regard to the Vienna Declaration of 1993, an Expert said that the Declaration anticipated the drawing of national plans of action on human rights. Did the Government fulfil such a task? What was the role of the Council of Human Rights? Was it independent from the Government? Was it in conformity with the Paris Principles of 1991? Concerning the process of privatization, the Czech Republic had embarked on an ambitious and rapid programme of privatization. If the privatization was carried out in a bad manner, it would have a negative impact on the poor and would lead to the violation of the provisions of the Covenant.
An Expert asked if there was a legal difference between national minority and federal citizens, and asked if there was double protection for persons belonging to the Roma minority and having federal citizenship.
And with regard to asylum-seekers, an Expert said that the number of asylum-seekers who were minors had increased from 4,000 in 1998 to 8,700 in 2000. The Government had changed its policy concerning minors under 15 years and their placement did not match the required standards. The Expert asked if arrangements were in place to improve the conditions of that vulnerable group of minors.

Response of the Czech Republic
In response to questions raised by Committee Experts, the members of the Czech delegation said that the lower courts had the capacity to decide on the justiciability of any right under the Covenant. They were also empowered to oversee the implementation of the provisions of the treaty. Any person who claimed that his or her rights under the Covenant was violated could bring his case to the courts. The constitutional decision could be made on cases involving public authorities, when the constitutionality of a decision was challenged.
The Office of the Ombudsman had been established recently and it took some time to appoint the officer, the delegation said. The role of the Ombudsman was to defend the fundamental rights of citizens. Since it had been created recently there was not much to say about its accomplishments.
The training of judges included not only lectures on domestic laws but it also included teachings of international treaties, the delegation said.
Asked about the European Social Charter, which the country had not yet ratified, the delegation said that the Government was undertaking its final preparations to ratify the newly revised Charter. When legislation was adopted to facilitate the adoption of the Charter, the Government might take action to adopt some articles in the Charter. The adoption would be a political measure, the delegation added.
There was no national action plan with the spirit of the Vienna Declaration nor was there an immediate plan to have one, the delegation said. But the Government had presented a report to the country's parliament on the overall situation of human rights. In addition, every ministry had its own plan of action, for example, on employment, on housing and on the integration of the Roma minority. The Government conducted periodic evaluation of the various action plans carried out by the various agencies.
The Government of the Czech Republic had ratified International Labour Organization (ILO) Convention No.182 on the worst forms of child labour, the delegation said.
The Council for Human Rights was a governmental organization which was created in 1999, the delegation said. It served as an advisory body to the Government on human rights and it might propose drafts on issues pertaining to the protection of human rights. It had 22 members and its functions were not independent of the Government. The Council received input from non-governmental organizations to advance its work.
With regard to refugees, the delegation said that according to the 2000 act on refugees, family reunion was recognized. In 2001 alone, more than 83 per cent of asylum-seekers were granted refugee status. The Government was aware of the unaccompanied minors who numbered 280 at present. The minors came mainly from Romania, India, Georgia and Afghanistan.
More and more women were being recruited in the army and the police, the delegation said.
With regard to discrimination against women, not a single case had been lodged by any woman in court, the delegation said.
Concerning trafficking in women, only two cases had been brought before the courts, the delegation said. A recently amended legal provision referred to the victims of trafficking as being "persons" in general and not specifically women. A criminal procedure could be started against persons identified in trafficking operations.
The Government had launched a campaign of sexual education and against sexual exploitation of women, the delegation said. Non-governmental organizations were closely working with the Government in many fields, particularly in trafficking in women. The country was not only the origin of trafficking in women but was also a transit point for trafficked women from other countries.


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