CZECH REPUBLIC: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

Scroll to:

• UN Human Rights Committee
  - follow-up
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
• Subcommittee on Prevention of Torture
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

CCPR/C/CZE/CO/3
Last reported: 16 / 17 July 2013
Concluding Observations issued: 22 August 2013

Issues raised:

Minority groups: The Committee recalls its previous recommendation (CCPR/C/CZE/CO/2, para. 17) and reiterates its concern that Roma children continue to be overrepresented in schools for pupils with mild mental disabilities or “practical elementary schools”. The Committee is further concerned at the continuing reports of placement of Roma children in Roma-only classes or classes with a limited curriculum in mainstream schools. (arts. 26 and 27). Para 10.

The State party should take immediate steps to eradicate the segregation of Roma children in its education system, by ensuring that the placement in schools and classes is carried out according to clear and objective criteria that are not adversely influenced by the child’s ethnic group or socially disadvantaged condition. Furthermore, the State party should take concrete steps to ensure that decisions for the placement of all children, including Roma children, in special needs classes may not be made without an independent, culturally sensitive medical evaluation nor based solely on the capacity of the child.

Social care: The Committee is concerned that persons deprived of, or with limited legal capacity can be confined in social care institutions by the decision of their guardians or legal representatives without being subject to any legal requirement for justification for their confinement or consideration of less restrictive alternatives. In addition, it is concerned that they do not have a legal right to bring proceedings to have the lawfulness of their confinement decided by a court, nor is the decision on their confinement limited to a maximum period of time after which the decision has to be reviewed (arts. 2, 9, 10 and 26). Para 13.

The State party should:

       (a)           Review its policy of limiting the legal capacity of persons with mental disabilities and establish the necessity and proportionality of any measure on an individual basis, with effective procedural safeguards, ensuring in any event that all persons who have their legal capacity restricted will have prompt access to an effective judicial review of the decisions and free and effective legal representation in all proceedings regarding their legal capacity;

       (b)           Ensure that persons with mental disabilities or their legal representatives are able to exercise the right to effective remedy against violations of their rights, and seriously consider providing less restrictive alternatives to forcible confinement and treatment of persons with mental disabilities, as provided for in the National Plan on the transformation of psychiatric, health, social and other services for adults and children with intellectual or psychosocial disabilities;

       (c)           Ensure an effective and independent monitoring and reporting system of mental health and social care institutions, and ensure that abuses are effectively investigated and prosecuted and that compensation is provided to the victims and their families.

Detention centres: The Committee recalls its previous concluding observations (CCPR/C/CZE/CO/2, para. 15) and notes with concern that foreign minors awaiting deportation could be detained for up to 90 days in detention centres. The Committee is further concerned that foreigners may be detained on grounds that are not narrowly defined, such as failure to observe their duties during their stay, and that existing alternatives to administrative detention do not seem to be applied systematically. Finally, the Committee notes that, according to the Asylum Act, asylum seekers may be placed in reception centres for up to 120 days, sometimes in inadequate facilities, such at Vaclav Havel airport (arts. 9, 10, 13 and 24). Para 17.

The State party should:

(a)  Reduce the maximum legal period of detention for foreign minors awaiting deportation and, in any event, ensure that detention of children is permitted only as a measure of last resort and for the shortest appropriate period;

(b)  Take measures to ensure that the detention of foreigners is always reasonable, necessary and proportionate in light of their individual circumstances, that detention is resorted to for the shortest appropriate period and only if the existing alternatives to administrative detention have been duly considered and deemed not appropriate;

(c)  Ensure that the holding of asylum-seekers in reception centres is applied only as a measure of last resort for the shortest appropriate period, after due consideration of less invasive means;

(d)  Ensure that the physical conditions in all immigration detention and reception centres are in conformity with international standards.

Child abuse: While welcoming the criminalization of various forms of child abuse, and the various initiatives to prevent these practices, the Committee is concerned at the large number of victims of sexual abuse and the small number of cases that are reported by the victims themselves. The Committee is also concerned that corporal punishment is currently not explicitly prohibited by law in public institutional settings and in the home (arts. 7 and 24). Para 19.

The State party should further strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse and taking steps to ensure that all cases of abuse of children are effectively and promptly investigated, and that perpetrators are brought to justice. The State party should also take practical steps to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct more public information campaigns to raise awareness about its harmful effects. 

 

Juvenile justice: The Committee is concerned that, although children under the age of 15 are not held criminally responsible, they are subject to standard pretrial criminal proceedings when suspected of an unlawful act, without the required legal assistance or the possibility of accessing their file (arts. 14 and 24). Para 20.

The State party should:

(a)  Ensure, as a minimum, that children under the age of 15 suspected of an unlawful act enjoy the same standard criminal procedural safeguards at all stages of criminal or juvenile proceedings, in particular the right to an appropriate defence;

(b) Consider, wherever appropriate, dealing with juveniles suspected of an unlawful act who are not held criminally responsible without resorting to formal trials or placing them in institutional care;      

(c) Consider the desirability of training all professionals involved in the juvenile justice system in relevant international standards, including the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20).

(CCPR/C/CZE/CO/2)

Last reported: 16 and 17 July 2007
Concluding Observations adopted: 25 July 2007

Concerns raised:

• Trafficking and sexual exploitation: While the Committee acknowledges the efforts of the State party to address and combat the trafficking and commercial sexual exploitation of women and children, the Committee remains concerned about this phenomenon and the lack of coordinated system of response (arts. 3, 8, 24 and 26). The Committee emphasises the importance of continuing to reinforce its measures to combat trafficking and commercial sexual exploitation of women and children, by establishing a coordinated system of response, and by prosecuting and punishing perpetrators (paragraph 12).

• Detention of unaccompanied minors: The Committee notes with concern that, according to Section 125 of the Foreigners Act, a foreigner awaiting deportation who is under the age of 18 may be detained for up to 90 days (arts.10 and 24). The State party should reduce the period of detention for foreigners awaiting deportation who are under the age of 18, bearing in mind its obligation under article 24 of the Covenant to take measures for the protection of children without discrimination. (paragraph 15).

• Education: While acknowledging the elimination of the category of "special schools", the Committee remains concerned that a disproportionately large number of Roma children attend classes with distinct curricula, which appears to lack sensitivity for the cultural identity of, and specific difficulties faced by, Roma children. The Committee is also concerned at reports that a disproportionately high number of Roma children are removed from their families and placed in social care institutions. (arts. 24, 26 and 27). The State party should carry out assessments of special educational needs of the Roma, taking account of their cultural identity, and develop programs aimed at ending the segregation of Roma in schools. The State party should also ensure that the Roma children are not deprived of their right to family life. (paragraph 17).

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UN Human Rights Committee: Follow-up
 

The Committee requested further information on measures taken to combat discrimination against Roma people, among other issues.

The Czech Republic has submitted three reports updating the Committee on progress achieved. Information on children in the reports is extracted below.

25 August 2010

No specific mentions of children's issues.

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27 May 2010

Pupils without primary education may attain this level of education in courses designed for these purposes. Courses are established by primary or secondary schools after consultation with the school's founder and regional authority. These courses, held in accordance with the framework primary education programme, increase the job prospects of their participants. (para. 24)

Since 2003, the Ministry of Education, Youth and Sports has run a scheme to support secondary-school Roma pupils. Twice a year, 1,200 Roma pupils receive grants of up to CZK 7,000 each to cover the cost of school meals, travel, accommodation and the purchase of school supplies. Each year, the Ministry of Education, Youth and Sports provides CZK 10 million in such grants. (para. 25)

In the field of tertiary education, NGOs, in cooperation with higher education institutions, organize preparatory courses for university. In 2008, the Athinganoi Civic Association held language and computer literacy courses together with study consultancy and scholarship programmes. In addition, the Ministry of Education, Youth and Sports provided grants of over CZK 117 million to universities to support socially disadvantaged students. Importance is also attached to lifelong learning. The Slovo 21 Prague Roma Education and Employment Support Programme, focused on the lifelong learning and employment of Roma living in Prague, has helped 1,980 Roma, of whom 824 have completed training and retraining courses, 216 have found employment thanks to the project, 11 have set up in business, and 85 are studying or continuing their secondary or higher education. (para. 26)

For several years, the Ministry of Education, Youth and Sports has regularly run a programme to promote the integration of the Roma community, which in 2008 was thematically focused on educational activities for children and pupils from Roma communities, their parents and preschool and primary school teachers, the successful transition of pupils to secondary education, career guidance, the leisure activities of children and pupils, school preparations and research and monitoring of the situation regarding the education of children, pupils and students. In 2008, this programme received funding of CZK 15 million and supported 87 projects. In 2009, the Ministry of Education, Youth and Sports announced a development programme to support schools providing inclusive education and education for children and pupils from a socio-culturally disadvantaged background. This programme funds the non-mandatory components in the pay of teaching staff who practice a pro-inclusive approach to teaching at school and in extracurricular activities. (para. 27)

Many schools have set up the post of teaching assistant to work with socially disadvantaged children. In 2008, support was provided to over 400 assistants, who can help tackle the children's problems on the spot by drawing on their knowledge of their background. In 2008, the Ministry of Education, Youth and Sports provided CZK 75 million for the development programme "Funding of Teaching Assistants for Socially- Disadvantaged Children, Pupils and Students". The further development of the teaching assistant concept depends on the financial capacity of the State, local authorities and individual schools. Children from socially disadvantaged backgrounds receive also help from a number of non-profit organizations, which provide additional teaching, tutoring, or organize extracurricular activities. Another important issue is the career guidance provided to pupils finishing their primary or secondary education with a view to helping them find a suitable path to follow for their future employment. In 2008, more than CZK 14 million was channelled into these projects. (para. 28)

In 2008, the campaign supported a project by the Romea civic association called "Do Something!", aimed at presenting positive Roma role models to increase the initiative and commitment of the Roma themselves and show them how to improve their quality of life... The project consisted of discussions for children and young people in schools, workshops for educators on teaching about racism, and the publication of professional opinions and comments related to an information campaign. (para. 39)

IQ Roma Servis ran a project called "Trample Your Prejudices" in Brno. The aim of the project was to involve the local population in combating and eliminating prejudices and stereotypes against Roma. An important feature of this project saw Roma interacting with the majority population and the introduction of positive models and opportunities in education and future life for Roma youth. Young Roma were actively involved through the Forum Theatre and published their stories on panels in public institutions, means of transport and public transport stops and stations. The public took part in workshops and events aimed at crushing and eliminating prejudice. (para. 40)

9 September 2008

For further positioning on the labour market, it is necessary to have gained a certain level of education. Therefore it is made possible for everyone who has not achieved a basic education to complete it through courses of basic education. Basic education courses can be offered by a primary school or a secondary school as a daytime study or distance learning in accordance with the framework education programme for basic education. In 2007, altogether 35 courses took place all over the Czech Republic and 344 students attended. The courses providing basic education fulfil the requirements of the Strategy of Lifelong Studying, the main objective of which is to suggest a universal system of evaluating the education gained outside the education framework and to enable those interested in the recognition of this education to inspect their knowledge by transparent and objective methods. The purpose of this is to create a background which motivates to take part in further education, especially for people with low qualifications, or people with the need to quickly and effectively change, improve or expand their qualification. (para. 24)

Currently a so-called curriculum reform1 is under way in the Czech Republic. Education is based on the principles of equal approach and bearing in mind the educational needs of an individual. Education of pupils with social disadvantage is contained in the framework education programmes. (para. 25)

Funding programmes for the support of integration of the Roma community and for the support of Roma secondary school pupils are announced every year. For example the project "Cebtres for integration of minorities" aims at working with mothers and preschool children, at preparation for starting school, specification of educational needs at the start of schooling in relation with individual pupils' needs and with the context of their cultural differences and their current social situation. Concerning the mothers, the care is orientated at the support and improvement of their parenting and social skills. The character of working with family, with mothers, requires apart from professional competence the ability of workers to gain the trust of people in the communities, with which they work. Within one year of operation, the Centres for integration of minorities have already provided regular group care in 22 places in the Czech Republic. Other activities, which are usually one-offs, are introduced irregularly, mainly during school holidays and they provide to children and their families effective ways of spending free time complimented with educational activities. (para. 26)

In 2005, the government adopted the Concept (project) on Timely Care for Children from Socio-culturally Disadvantaged Backgrounds (hereinafter the "Concept"). The Ministry of Education, Youth and Sports in line with this concept.

Coordinates activities of individual institutions, which care for children, and with the aim to create joined social and psychological-pedagogical diagnosis of problems of children from at-risk backgrounds, including socially and socioculturally disadvantaged backgrounds and to carry out joint programmes and measures, which will influence the parents of these children to take on greater responsibility for the development of their children.

Implements programmes and measures in the area of basic and further education of pedagogical workers, who work in preschool education of children from socioculturally disadvantaged backgrounds.

Executes programmes and measures aimed at increasing the number of children from socioculturally disadvantaged backgrounds, who will be finishing their preschool education in nursery schools or in reception classes of primary schools of children from socioculturally disadvantaged backgrounds.

Implements programmes aimed at pilot auditing of projects on early care for children from socioculturally disadvantaged backgrounds with the specialization on the establishment of centres for early care in nursery schools or primary schools, which are establishing primary school reception classes.

Organises residence courses for parents and children from socioculturally disadvantaged backgrounds from the age of three years up to the beginning of school attendance. (para. 27)

The objective of the Concept is primarily to increase the number of Roma pupils in the mainstream schooling and to improve their school achievements. Programmes and measures for timely care should be provided in such a way that they contribute to the enhancement of the developmental level of a child and that they provide opportunities for children from majority society and children from socioculturally different backgrounds spending time together. For example primary school reception classes for children from socioculturally disadvantaged backgrounds are used for the realization of the Concept. It is apparent from available statistics that their numbers are increasing. (para 28)

The Ministry of Education, Youth and Sports considers repressing prejudice towards Roma and generally dealing with social problems in education as one of their priorities. Therefore a new group for the area of social programmes in schooling was created. This group organizes and utilizes all activities of the Ministry and of organizations governed by the Ministry regarding the stated issues and it should contribute to total and effective solutions of these issues. (para. 29)

The framework of education programmes influences not only children, pupils and students but also their parents. The cooperation with parents and families is one of the tasks of each school and school institution. Public opinion is also largely affected by the present network of teacher's assistants for children with social disadvantages, often from Roma communities. (para. 30)

The number of primary school reception classes was 164 in 2007/08. One hundred and one classes out of that were established in mainstream schools and 48 in primary schools for children with special educational needs. A total number of 1,929 children attended these primary school reception classes. Therefore in comparison with last school year the number of reception classes and the number of children increased significantly. The number of primary school reception classes in the year 2006/07 was 146. One hundred and two of these classes were established in mainstream schools, 44 in special schools and 1,713 children attended. (para. 31)

Curriculum reform covers a number of activities and projects, from methodical support and further education of teachers for research purposes, pre-graduation preparation of pedagogical workers, free time activities and projects supported by the State and by European Structural Funds.

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/CZE/CO/2)

Last reported: 9 May 2014

Concluding Observations published: 23 May 2014

 

Concerns raised:

The Committee recommends that the State party fully promotes inclusive education for children with disabilities, by allocating resources for training teachers, providing reasonable accommodation and any further professional support which may be needed. It also recommends that these obligations be incorporated into the Education Act.  

 

Roma children: The Committee is deeply concerned about the increasing number of Roma pupils being placed in practical schools. The Committee is also concerned at the considerable school dropout rates of Roma students at the various levels of education. (paragraph 20)

 

The Committee urges the State party to take steps for:

(a) the abolition of procedures which lead to the segregation of Roma pupils;

 

(b) an end to the practice of placing pupils without disabilities in practical schools and the transfer of Roma pupils placed in practical schools;

 

(c) the phasing-out of practical schools, as planned in the National Action Plan for Inclusive Education;

 

(d) the provision of support to mainstream schools for the education of socially disadvantaged and Roma pupils from practical schools, and to promote their retention in school, including by recruiting school personnel from among members of the Roma communities.   

 

 

29 April - 17 May 2002

Report not available.

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UN Committee against Torture

CAT/C/CZE/CO/4-5
Last reported: 14 / 15 May 2012
Concluding Observations issued: 13 July 2012

Issues raised:

Roma children: The Committee is concerned about the placement of Roma children in educational facilities for children with slight mental disabilities or with a reduced syllabus formerly used for special schools, which compromises their subsequent educational development (arts. 2, 10, 12, 13 and 16). Para 14.

In light of its general comment No. 2 (2007) on implementation of article 2 by States parties, the Committee recalls that the special protection of certain minorities or marginalized individuals or groups especially at risk is part of the State party’s obligations under the Convention. In this respect, the State party should ensure that Roma children are admitted to mainstream education, unless a proper assessment concludes that the child has a mental disability and that the child’s legal guardian has requested placement in a special school. Standardized testing should be adapted to the social, cultural and linguistic specificities of minorities and educators and school personnel should receive training in principles of non-discrimination.

Juvenile justice: The Committee is concerned about the continuous practice of detention of asylum seekers, including families with children and minors accompanied by a legal guardian; the restrictions on the freedom of movement of asylum seekers in closed reception centres; and the regime and material conditions of detention in centres for foreign nationals awaiting deportation (arts. 3 and 11). Para 17.

The Committee recommends that the State party implement alternatives to detention of asylum seekers, including unconditional release, in particular of families with children and asylum seeking adults who are responsible for children; that asylum seekers enjoy freedom of movement in closed reception centres, with adequate reception conditions; that the State party review the duration of restrictions on freedom of movement of asylum seekers in closed reception centres and that it review the regime and material conditions in centres for foreign nationals awaiting deportation in order to ensure that they are in conformity with the principle of non-refoulement set out in article 3 of the Convention and in the 1951 Convention on the Status of Refugees.

 

Nationality: While noting that the State party has ratified the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, The Committee is concerned about the particularly vulnerable situation of stateless persons, in particular persons without valid documents and permanent residence in the State party; about the absence of a definition of statelessness, of a central database of stateless persons and of a legal framework, and of a procedure or mechanisms to determine their status; and about the possible discrimination between different categories of stateless persons under the new Citizenship Act (arts. 3 and 16). Para 19.

The Committee recommends that the State party introduce the definition of statelessness in its legislation, establish procedures and mechanisms for the determination of the status of statelessness and create a central database on stateless persons in its territory. In order to avoid discrimination among different categories of stateless persons, the State party should review the provisions in the draft Citizenship Act relating to acquisition of nationality by children who would otherwise be stateless or who are born out of wedlock to foreign stateless mothers. In addition, the Committee recommends that stateless persons be provided with identification documents.

 

Health and social services: Notwithstanding the changes in legislation announced by the delegation of the State party, the Committee is concerned about the reports of frequent placement of persons with intellectual or psychosocial disabilities in social, medical and psychiatric institutions without their informed and free consent; the continued use of cage-beds, despite the prohibition in law, and of net-beds as well as the use of other restraint measures such as bed strapping, manacles,  and solitary confinement, often in unhygienic conditions and with physical neglect. The Committee is also concerned about the absence of investigations into the ill-treatment and deaths of institutionalized persons confined to cage and net-beds, including suicides (arts. 11 and 16). Para 21.

The Committee recommends that the State party:

       (a)           Allocate appropriate funding for the implementation of the national plan on the transformation of psychiatric, health, social and other services for adults and children with intellectual or psychosocial disabilities to ensure a speedy process of deinstitutionalization to more community-based services and/or affordable housing;

       (b)           Establish close supervision and monitoring by judicial organs of any placement in institutions of persons with intellectual or psychosocial disabilities, with appropriate legal safeguards and visits by independent monitoring bodies. Institutionalization and treatment should be based on free and informed consent and the persons concerned should be informed in advance about the intended treatment;

       (c)           Take all necessary measures to ensure, in practice, the prohibition of the use of cage-beds, in conformity with the prohibition enshrined in the Act on Medical Services (Act No. 372/2011). In addition, the Committee recommends that the Act be amended to include the prohibition of the use of net-beds since their effects are similar to those of cage-beds;

       (d)           Ensure the effective monitoring and independent assessment of the conditions in institutions, including hygiene and instances of neglect. It should establish a complaints mechanism, ensure counsel and provide training to medical and non-medical staff on how to administer non-violent and non-coercive care. All cases of ill-treatment and deaths, including those of 30 year-old Vera Musilova
in 2006 and the suicide of a 51 year-old woman on 20 January 2012 , should be effectively investigated and prosecuted and redress provided to the victims and their families, including compensation and rehabilitation.

                        

Corporal punishment: The Committee is concerned about the widespread tolerance of corporal punishment in the State party and the absence of legislation explicitly prohibiting it.  It is also concerned about the provision in Act No. 94/1963 Coll. Family Act which states that parents have the right to use “adequate educational measures” and that the issue will be addressed in a similar manner in the new Civil Code (arts. 2 and 16). Para 22.

The Committee recommends that the State party amend its legislation, including the Family Act and the new Civil Code, with a view to introducing an explicit prohibition against corporal punishment in all settings. The State party should carry out awareness-raising campaigns among the general public regarding the unacceptability of and the harm done by corporal punishment.
 

(CAT/C/CR/32/2)

Last reported: 4-5 May 2004
Concluding Observations published: 3 June 2004

The Committee expresses concern about the following:

The fact that minors are not kept separately from adults in all situations of detention (5c)

And recommended that the State party:

Ensure that persons under 18 years of age are detained separately from adults in all circumstances; (6e)

Review the strict regime of detention for illegal immigrants with a view to its repeal and ensure that all children held in these detention centres are removed with their parents to family reception centres; (6m)

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Subcommittee on Prevention of Torture

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/CZE/CO/6)

Concluding Observations  on the Sixth Periodic Reports

Adopted by Commmittee: 23 February 2016

Published: 7 March 2016

Issues Raised:

Ratification and State Policies:

The  Committee welcomes the adoption of the Act No.359/1999 Coll.,on Socio Legal Protection of Children, to allow for a specialized form of social guardianship for children andminors.

In addition, the Committee welcomes the fact that, in the period since the consideration of the previous report, the State party has ratified or acceded to the following international instruments: the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, in 2013; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons,especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (Palermo Protocol), in 2014.

(paras. 4, 6)

Trafficking and Prostitution:

The Committee is concerned about the the low number of prosecutions and convictions of perpetrators of trafficking in women and girls; The vulnerability of Roma and migrant women and girls to becoming victims of trafficking for purposes of sexual exploitation and forced labour.

(para. 20)

Education:

The Committee welcomes the adoption of the 2015 Roma Integration Strategy to help ensure Roma girls and boys are ensured equal access to education. However, the Committee notes the State party’s submission, during the dialogue, of the education system being de-regulated and decentralized resulting in the State party having limited means to intervene in the structure and syllabus of its education sector. In this context, the Committee reiterates its previous concern that women and girls continue to be underrepresented in technical schools and scientific research work, as well as in academia, particularly at the senior level. While noting that the Ministry of Education had issued guidelines for text books providers on how to include a gender perspective, there is no coherent or comprehensive system of oversight for ensuring that educational syllabus adheres to the principles of the Convention. The Committee also remains concerned about the disproportionately high number of Roma girls who drop out of or fail to attend school, especially in socially excluded areas.

(para. 24)

Health:

The Committee is concerned about continued reports on the conditions for childbirth and obstetric services in the State party unduly curtailing women’s reproductive health choices, including: Unnecessary separation of newborns from their mothers without medical grounds;  Disproportionate limitations on home childbirths;  Frequent use of episiotomy without medical need and in contravention of the mother’s preference to abstain from them; and  undue restrictions on the use of midwives in lieu of physicians/gynecologists in situations where such use does not pose a health risk.

(para. 30)

Asylum Seekers and Migrants:

The Committee is particularly concerned that many asylum-seeking, refugee or irregular migrant women, including pregnant women, nursing mothers and/or mothers with children are deprived of their liberty in immigration detention in the State party.

(para.38)

(CEDAW/C/CZE/CO/5)

Last reported: 14 October 2010
Concluding Observations published: 10 November 2010

Concerns raised:
 

• Violence against women: The Committee acknowledges the progress made by the State party in combating violence against women, including domestic and sexual violence through, inter alia, the adoption of criminal law provisions and the introduction of restraint orders and intervention centres. However, the Committee remains concerned about the underreporting of domestic violence and rape, the low prosecution and conviction rates, lenient sentences, limited access to legal aid for victims of domestic or sexual violence claiming only immaterial damage, the lack of victim assistance and protection, and of trained professionals and experts, including forensic experts, as well as the lack of gender-specific statistical data in relation to domestic and sexual violence. It also remains concerned about the length of maintenance or alimony proceedings against an abusive spouse and about the preference of courts for mediation and for shared custody for children even in cases where the mother is a victim of domestic violence. The Committee remains concerned that the definition of rape in the new Criminal Code may not cover any sexual act committed against a non-consenting person, including in the absence of active resistance. (para 22)

  In accordance with its general recommendation No. 19 (1992) on violence against women and the recommendations contained in its previous concluding observations, the Committee urges the State party to intensify its efforts by taking effective measures to prevent and prosecute acts of domestic and sexual violence and assist women victims of such violence. It calls on the State party to adopt its draft national action plan on the prevention of domestic violence; amend its Code of Criminal Procedure to ensure access to legal aid for victims claiming only immaterial damage; enhance victim assistance and protection by providing training for the police, judges, prosecutors, social workers and health personnel on standardised procedures in dealing with victims; strengthen cooperation with and funding for non- governmental organisations providing assistance to victims of domestic and/or sexual violence; further increase the number or capacity of shelters for battered women and girls; use appropriate recording equipment and interrogation records in court proceedings to avoid re-victimisation and unnecessary confrontation of victims with perpetrators; collect sex-specific data on domestic and sexual violence, including on the number of women who die as a result of such violence; and provide information on the number of reported incidents, prosecutions and convictions and on the sentences imposed on perpetrators and the compensation provided to victims in its next periodic report. The Committee also recommends that the State party take effective measures to reduce the length of maintenance and alimony proceedings, ensure that courts take into account the vulnerable position of the abused partner when deciding on the appropriateness of mediation and shared custody for children, and review the definition of rape in the new Criminal Code so as to ensure that it covers any non-consensual sexual assault, including in the absence of resistance by the victim. (para 23)

• Trafficking and exploitation of prostitution: The Committee notes the efforts by the State party to combat trafficking in women and girls, especially for purposes of sexual and economic exploitation, including forced labour, through legislative, policy and institutional measures. Such measures include the adoption of the National Strategy to Combat Trafficking in Human Beings for the period 2008–2011, the Programme of Support and Protection of Human Trafficking Victims, and efforts to regulate the criminal responsibility of legal entities for conduct punishable under international treaties on trafficking in human beings. However, the Committee is concerned about gaps in the systematic identification of victims of trafficking, the exclusion from the Programme of Support and Protection of Human Trafficking Victims of victims who are unable or unwilling to cooperate with the prosecution authorities and the potential negative impact on the timely identification of and assistance to victims of the inclusion of trafficking in the new Criminal Code in the list of crimes which must be reported by everyone, including NGO workers. The Committee is also concerned about the low number of criminal convictions for trafficking in women and girls, and the vulnerability of Roma and migrant women and girls to becoming victims of trafficking, especially for purposes of forced prostitution and forced labour. It notes with concern that the State party has still not ratified the United Nations Convention against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing that Convention and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. (para. 24)

  The Committee recommends that the State party adopt and implement a standardised policy for all relevant governmental bodies to identify victims of trafficking in human beings; provide regular training to officials dealing with trafficked persons on the identification of and assistance to victims and on the referral to the asylum system of those potentially in need of international protection; review the Programme of Support and Protection of Human Trafficking Victims to ensure that victims receive the necessary assistance and protection, irrespective of their cooperation with the prosecution authorities; and consider exempting workers of organisations assisting victims of trafficking from the notification duty under the new Criminal Code. It calls on the State party to ensure that perpetrators of crimes related to trafficking, especially for purposes of forced prostitution and forced labour are brought to justice, that sufficient shelters are available for victims of trafficking and that NGOs working with victims of all forms of trafficking receive adequate funding, including from the State party's budget, whenever the task of assisting and catering for the needs of trafficking victims de facto has been delegated to them. The Committee also recommends that the State party design and implement preventive measures specifically targeted at Roma and migrant women and girls, including awareness-raising campaigns on trafficking, forced prostitution and forced labour for those working with Roma communities, and strengthen cooperation with countries of origin and destination. The Committee reiterates its recommendation that the State party consider, as a matter of priority, ratifying the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing it, as well as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee also recommends that the State party take into account the Principles on Human Rights and Human Trafficking of the United Nations Office of the High Commissioner for Human Rights in the design of policies to combat trafficking in human beings, especially women and girls. (para. 25)

• Education: The Committee notes with concern that women and girls are starkly underrepresented in technical schools and scientific research work, as well as in university teaching positions. It also notes with concern the disproportionately high number of Roma girls who drop out of or fail to attend school, especially in socially excluded areas, and the segregation of many Roma girls in schools for pupils with mild mental disabilities. (para. 28)

  ...The Committee urges the State party to make the National Action Plan on Inclusive Education fully operational and reinforce its programmes to include Roma girls in mainstream education, such as the teaching assistants programme and the special grant scheme aimed at promoting the participation of Roma girls and boys at the secondary level. It also recommends that the State party intensify its efforts to reduce school dropout and absenteeism of Roma girls and educate teachers on countering persistent prejudices against Roma and negative gender stereotypes and gender equality policies. (para. 29)

• Employment/ child care: The Committee is concerned about... the lack of childcare and preschool facilities for children aged up to six years, as well as of flexible work arrangements which would enable women and men to balance work and family life and facilitate their return to the labour market after taking parental leave... (para 30)

  The Committee ... recommends that the State party ... adopt a long-term strategy and improve cooperation with the local authorities responsible for childcare facilities; remove administrative barriers and introduce incentives for the creation of non-commercial childcare facilities and mini-kindergartens; review the wage structures in female-dominated professions; raise awareness among employers on the importance of flexible work arrangements for women's re-entry into the labour market; reconsider introducing special paternity leave to encourage fathers to participate in childcare... (para 31)

  The Committee is concerned that migrant women risk losing their legal status in the State party when going on maternity and parental leave, as their residence permit depends on an ongoing employment contract, which further increases their risk of being exposed to abusive employment practices. It is also concerned that Act No. 326/1999 on the Residence of Foreign Nationals may exclude migrant women without permanent residence or employment, as well as their children, from access to public health insurance and health- care services. (para 32)

  The Committee recommends that the State party ensure that migrant women retain their legal status when taking maternity and parental leave (i.e. by extending the duration of their work permit for the period of parental leave), that the central and regional labour inspection offices investigate abusive labour practices against migrant women and labour offices provide job counselling and re-qualification to them prior to obtaining permanent residence and that all migrant women and their children are covered by health insurance and have access to affordable health-care services, irrespective of their residence status and employment. (para 33)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/CZE/CO/10-11

Last reported: 12 and 13 August 2015
Concluding Observations adopted: 29 August 2015

Segregation of Roma children in education: The Committee notes the measures taken to address the segregation of Roma children in education, including the National Action Plan on Inclusive Education (NAPIE, 2010), an amendment to the School Act (2015) and free pre-schooling, and the decrease in number of Roma children in special schools between 2008 and 2014. The Committee, however, remains concerned that: (a) The proportion of Roma children in special schools or classes with reduced curriculum in 2014 remains at 32.4 per cent, the same level as in 2008 and their proportion in mainstream education has decreased from 10.3 per cent in the 2013-2014 school year to 9.5 per cent in the 2014-2015 school year; (b)Roma children continue being segregated in mainstream education with many of them ending in entirely or almost Roma-only schools due to the deeply rooted negative prejudice against them and the reluctance of school authorities and non-Roma parents to enrol their children in a school with Roma children; (c)The level of Roma children’s participation in pre-school education remains low; (d)The State party continues to fail to comply with the judgment of the European Court of Human Rights in the case of D.H and others vs. the Czech Republic; (e)Insufficient resources have been allocated for the implementation of the National Action Plan on Inclusive Education (NAPIE) or for the newly adopted legislative and policy measures; (f)The concept of inclusive education is not fully incorporated as a guiding principle in legislation and policies, including the amendment to the School Act (2015), as prescribed in international human rights laws; and (g)The number of Roma students enrolled in higher education is very small and remains unsupported (arts. 2, 3 and 5). (para 17)

The Committee recommends that, in light of the Committee’s general recommendation No. 27 (2000), the State party incorporate inclusive education as a guiding principle of the education system in the relevant legislation and policies and allocate sufficient funding for the implementation of the amendment to the School Act (2015) and the Inclusive Education Action Plan for 2016-2018. It also recommends that the State party take all necessary measures to support Roma children to keep up with other students in mainstream schools, and to counter negative perceptions against Roma children among teachers and school authorities as well as non-Roma children and their parents. It further recommends that the State party ,take all necessary measures to facilitate access to pre-school and higher education for Roma children and fully comply with the judgement of the European Court of Human Rights in the case of D.H and others vs. the Czech Republic. (para 18)

Over-representation of Roma children under institutional care: The Committee is concerned that Roma children are disproportionately represented in institutional care settings and that many children leaving institutional care face the situation of homelessness (arts. 2 and 5). (para 19)

The Committee recommends that the State party take all necessary measures to reduce the number of Roma children under institutional care, including through providing financial and social support to families facing economic hardship as well as alternative care options for those without parental care. (para 20)

Forced sterilization of Roma women: While noting the adoption of the Law on Specific Health Care Services, which requires free, prior and informed consent with regard to sterilizations, and the preparation of a bill which would, if enacted, enable victims who were forcibly sterilized to seek compensation through administrative proceedings, the Committee is concerned that: [...] (d) Sterilization continues to be used as one of main contraception measures for Roma women (arts. 2, 5 and 6) (para 21)

The Committee recommends that the State party: [...] (d) Ensure that Roma women and girls have free and full access to sexual and reproductive health services, including information on contraception. (para 22)

Trafficking in human beings: The Committee regrets the lack of information on the current situation concerning trafficking, including regarding the number of victims identified and of perpetrators convicted in recent years, as well as the lack of updated information on the implementation of measures undertaken, including the National Strategy for Combating Trafficking in Human Beings 2012-2015 (arts. 2 and 5) (para 23)

The Committee recommends that the State party step up its efforts to combat trafficking in persons and to improve data collection on human trafficking, including statistics on the victims of trafficking, disaggregated by gender, age, ethnicity and country of origin and provide information on court cases and remedies provided to the victims in its next periodic report. (para 24)

Refugees and asylum-seekers: The Committee is concerned that asylum-seekers, including unaccompanied minors and families with children, are detained upon their arrival in the State party for an extensive period of time under poor living conditions and that the alternative arrangements to detention are not applied, despite being provided in legislation. It is also concerned that the State party continues to issue expulsion orders to asylum-seekers arriving with invalid travel documentation prior to registering their asylum application (arts. 2 and 5). (para 25)

The Committee recommends that the State party duly consider alternatives to detention of asylum-seekers and use detention as a last resort and for the shortest appropriate period, avoid detention of asylum-seekers under 18 years of age, ensure the conditions of all immigration detention and reception centres to be in conformity with international standards, and end the practice of issuing expulsion orders prior to registering asylum applications. (para 26)

The stateless: The Committee is concerned that children born to stateless parents and children born to a foreign mother and a Czech father out of wedlock are at high risk of being stateless and that there is a lack of information on the status of the stateless in the State party (art. 5). (para 27)

The Committee recommends that the State party take all necessary measures to ensure that stateless children born in the Czech Republic obtain citizenship of the State party and collect data on the stateless in the State party. (para 28)

---------------------------------------------------

(CERD/C/CZE/CO/8-9)

Last reported: 18 & 19 August 2011
Concluding Observations adopted: 30 August 2011

Roma children: The Committee expresses its concern regarding the persistent segregation of Romani children in education as confirmed by the decision of the European Court of Human Rights of 2007 and the 2010 report of the Czech School Inspection Authority. The Committee is concerned with reports that the practice of linking social disadvantage and ethnicity with disability for the purposes of school class allocation has continued rather than been removed by recent regulations. Furthermore, some amendments to regulatory decrees which take effect in September 2011 may reinforce discrimination against Romani children in education and that practical changes which will benefit Romani children under the Government National Action Plan for Inclusive Education are only envisaged from 2014 onwards (art. 3 and 5).

In line with its previous Concluding Observations and General Recommendation No. 27 (2000) on discrimination against Roma, the Committee urges the State party to eliminate any discrimination or racial harassment of Romani students, prevent and avoid the segregation of Romani students, while keeping open the possibility for bilingual or mother-tongue tuition. The Committee recommends that the State party take concrete steps to ensure effective de-segregation of Romani children and students and to ensure that they are not deprived of their rights to education of any type or at any level. The Committee finally recommends that the State party undertake full consultation with Roma
stakeholders with regard to education, and to promote awareness of Roma rights and enhance their capacities to address the discrimination they experience including in education and by school authorities. (Paragraph 12)

Child care: The Committee is concerned by the results of a study conducted by the European Roma Rights Centre and a group of non-governmental organisations that within 22 child care institutions in the five regions of the Czech Republic included in the study, 40.6 per cent of children were Roma. While acknowledging the overarching need for adequate protection of children, the Committee is conscious that the over representation of Romani children in State care institutions may reveal a disregard of Roma rights (art. 2 and 5).

The Committee recommends that the State party include in its overall strategy the issue of overrepresentation of Romani children in State care institutions by addressing the root causes of this phenomenon including poverty of Roma parents and limited resources of child protection authorities. The Committee also recommends that the State party organise further training and education for associated professionals and personnel on Roma rights. (Paragraph 13)

Political parties: [...] The Committee is also very concerned by information alleging that previous members of extremist political parties serve as governmental advisors including in the Ministry of Education, Youth and Sports (art. 2, 4 and 6).

The Committee urges the State party to ensure that hate crime and violence, racist and xenophobic discourse wherever they take place are thoroughly investigated and that perpetrators, whoever they are, are effectively prosecuted. The Committee further urges the State party to ensure that previous members of extremist political parties are not hired as governmental advisors or officials. The Committee encourages the State party to include in the next periodic report disaggregated statistical data on these incidents and complaints about racial discrimination acts as well as any judicial decision. It finally recommends that the State party carry-out awareness-raising campaigns on respect for diversity and elimination of racial discrimination. (Paragraph 16).

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/CZE/CO/7)

Reported: 1-2 March 2007
Concluding Observations adopted: 8-8 March 2007

Concerns raised:

• Roma children subject to ill-treatment by police officers. The Committee raises concerns about the way Roma, and especially children, are treated by the police, and that welcoming the ongoing discussion undertaken by the State party towards the establishment of a new system, independent of the Ministry of Interior, to investigate unlawful conduct by the police, the Committee regrets that this has not yet been done. The Committee therefore strongly recommends that the State party ensure that allegations of police ill-treatment and misconduct against persons belonging to minority groups, in particular the Roma, are promptly and impartially investigated and prosecuted. The Committee also wishes to receive statistical data and detailed information on the ethnic composition of the prison population, indicating the proportion of Roma and non-citizens. (paragraph 11).

• Roma children face segregation in the field of education. The Committee is deeply concerned by the consistent information that Roma suffer racial segregation on the State party's territory in the field of education, a situation that the State party does not seem to fully acknowledge. It notes with particular concern that a disproportionately large number of Roma children attend "special schools". While noting the views of the State party that this result from the vulnerable situation of the Roma and the need to adopt special measures to respond to their needs, and having taken note on the new Education Act, the Committee remains concerned that this situation also seems to result from discriminatory practices and lack of sensitivity on the part of the authorities to the cultural identity and specific difficulties faced by the Roma. The Committee is also deeply concerned about the disproportionately large number of Roma children being removed from their families and placed in State institutions or foster care.

  The State party should increase its efforts to assess the situation of the Roma in the field of education. It should develop effective programmes specifically aimed at putting an end to the segregation of Roma in this area, and ensure that Roma children are not deprived of their right to family life and to education of any type or any level. The Committee, in particular, recommends that the State party review the methodological tools used to determine the cases in which children are to be enrolled in special schools so as to avoid indirect discrimination against Roma children on the basis of their cultural identity. (paragraph 17).

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/CZE/CO/1

Last reported: 31 March and 1 April 2015
Concluding Observations published: 15 May 2015

Issues raised:

Women with disabilities (art.6): The Committee is concerned at the absence of action being taken to prevent and combat the multiple discrimination faced by women and children with disabilities, and the lack of data on women and girls with disabilities, which is fundamental to combating the intersectional discrimination they face. (para 13)

The Committee calls upon the State party to implement programmes and action for women and children with disabilities, including measures for equality and affirmative action both in terms of disability and equality policy. The State party should also establish a framework for data collection relevant to combating the intersectional discrimination faced by women and girls with disabilities, in line with article 31 of the Convention and taking into account the conceptual and methodological framework set out in Human Rights Indicators: A Guide to Measurement and Implementation. It should also step up the implementation of the policies it has adopted to combat such discrimination. (para 14)

Children with disabilities (art.7): The Committee is deeply concerned at the persistence of the public policy of caring for children with disabilities in institutions and the insufficient development of support services to boys and girls with disabilities and their families in local communities. The Committee is also concerned that children with disabilities are not able to systematically participate in decision- making that affects their lives and that they do not have the opportunity to express their opinion on matters pertaining to them directly. (para 15)

The Committee calls upon the State party to abandon the concept of residential institutional care for boys and girls with disabilities and to step up its efforts to develop support services for boys and girls with disabilities and their families in local communities, with a clear timeline and concrete benchmarks for implementation that are monitored effectively at regular intervals. The Committee also urges the State party to adopt safeguards to protect the right of boys and girls with disabilities to be consulted on all matters that affect them, and to guarantee them effective assistance to realize that right, bearing in mind their disability and age. (para 16)

Freedom from exploitation, violence and abuse (art.16): The Committee notes with concern the lack of a disability perspective in policies for protection from violence, abuse and exploitation and the lack of data on the protection of persons with disabilities, especially women and girls, from exploitation, violence and abuse. (para 34)

The Committee urges the State party to mainstream the disability perspective in the existing policies for protection from violence, abuse and exploitation and to step up measures to protect persons with disabilities, especially women and girls, from exploitation, violence and abuse, including through the provision of safe and supportive community-based services, by collecting data on violence against persons with disabilities and conducting research on the issue. (para 35)

Living independently and being included in the community (art.19): The Committee notes with concern that the State party continues to invest more resources in institutional settings than in support services that would enable persons with disabilities to live independently in their respective local communities. It also notes with concern the lack of plans to provide support services in local communities for older persons with disabilities. (para 38)

[...] The Committee recommends that the State party take all measures necessary to ensure that policy processes for deinstitutionalization, including the development of the National Plan on Promoting Equal Opportunities for Persons with Disabilities 2015–2020, have a clear timeline and concrete benchmarks for implementation that are monitored effectively at regular intervals. In particular, the Committee urges the State party to abolish the placement of children under 3 years of age in institutionalized care as soon as possible. (para 40)

Education (art.24): The Committee notes with concern that in spite of efforts made, significant numbers of boys and girls with disabilities, especially those with intellectual disabilities and autism and those who are deaf-blind, still receive their education in special schools and classes, outside of mainstream schools. (para 47)

The Committee recommends that the State party implement the amended School Act, incorporate inclusive education as the guiding principle of the education system and ensure the admission of children with disabilities in mainstream schools. in line with article 24 of the Convention. The Committee calls upon the State party to intensify its efforts and to allocate sufficient financial and human resources for reasonable accommodations that will enable boys and girls with disabilities, including intellectual disabilities and autism, and deaf-blind children, to receive inclusive quality education. (para 48)

Adequate standard of living and social protection (art.28): The Committee notes with concern that Act No.329/2011 Coll. on the Provision of Benefits to Persons with Disabilities has led to factual revision of the spectrum of benefits, the purpose thereof and the group of persons to be provided the benefits (see CRPD/C/CZE/Q/1/Add.1, para. 152). That has had an adverse effect on the enjoyment of the rights to an adequate standard of living and to social protection of persons with disabilities, including boys and girls with disabilities. (para 53)

The Committee calls upon the State party to review the legislation on the provision of benefits to persons with disabilities, with genuine participation of persons with disabilities, to reintroduce the additional social allowance in order to bring the standard of living of families with children with disabilities above the subsistence level. The State party should also broaden the range of and facilitate access to assistive devices for children with disabilities, regardless of age. (para 54)

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UN Committee on Enforced Disappearance