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Report from the Czech Women´s Lobby Round Table on Anti-Discrimination Legislation in the Czech Republic

8th of March Celebration in Czech Republic in 2009

Source: website of the CWL

The Czech Republic is the last member state of the European Union where it is not possible to obtain effective protection against discrimination. Although the Czech Republic should have adopted anti-discrimination law (ADL) before its entry into the EU, it has not done so until now (when an approval of the new European anti-discrimination directive is under way). 

 

The Czech Republic has already been condemned by the European Court of Justice, since the Czech legislation has not transferred the EU standards of equality between men and women into its social security schemes. Unfortunately, the problem goes on. The Czech Republic has not had a proactive stance towards approving the ADL even during the Czech presidency of the EU. The aim of the round table of the Czech Women's Lobby, which was organized by Gender Studies, was therefore to continue in substantive discussion on the given problematic and encourage the adoption of anti-discrimination legislation.

The roundtable focused on two major themes: gender aspects of anti-discrimination legislation and multiple discrimination. In her opening speech, Iva Laňová (Member of Vladimír Špidla’s – Commissioner’s for Employment, Social Affairs and Equal Opportunities - Cabinet) outlined the wider European context of the fight against discrimination. She stressed that the European Commission perceives the issue of discrimination as belonging to its main agenda – with an even stronger acuteness during the period of the financial crisis. On the contrary, "the Czech presidency has decided to continue in discussions (on the topic of discrimination), but on a technical level alone," said Laňová. Laňová, further, mentioned intended activities of the EU in the field of anti-discrimination.  A summit is planned for the period of the Swedish Presidency, which will be devoted to the issue of multiple discrimination and the exchange of relevant best practices. In 2010, a report will be produced and published, providing a summary of possible extensions of anti-discrimination legislation related to gender. Alexandra Jachanová Doleželová (President of the Czech Women's Lobby and Gender Studies Manager) called the attention to the stagnant situation of the ADL. The House of Parliament has not been able to meet and discuss the law since its veto by the country’s president in May 2008. In the initial panel of the round table, the First Vice-President of the Czech Senate, Alena Gajdůšková, described the process of passing the ADL in the Senate and expressed a wish for CSSD (the Czech Social Democratic Party) support of the ADL.

The Czech ombudsman Otakar Motejl confirmed the precariousness of the situation concerning the adoption of the ADL: "If the ADL is not adopted before the early elections, we will have to initiate the whole process again from the very beginning." He said that the law, in its present form, provides sufficient protection for victims of discrimination. This view was reiterated by Lucie Otáhalová, the Office of the Government representative. The lawyer Barbara Havelková added: "Unlike the Constitution, which the ADL opponents often cite as providing sufficient protection against discrimination, the ADL serves as a mandatory norm for private entities." Amandine Bach from the Europen Women’s Lobby also stressed the need for the ADL.  According to her, there is a large number of discrimination cases in all EU countries and the issue of gender discrimination in relation to the ADL should build on the specifics of a concrete country.  Havelková suggested that if one ADL covered all the discrimination bases and at the same time also took into account a country’s particularities, then single anti-discrimination piece of legislation might prove to be functional and effective.

 

The second panel of the round table focused on the topic of multiple discrimination. Amandine Bach stressed that the key element in this respect is a strong and functional legislation which may help to establish other support actions in the fight against discrimination (campaigns, training of state administration officers, judges, lawyers, etc.). Jarmila Balážová (head of the NGO Romea) spoke about successful projects in the area of media representation of discrimination cases. She also noted that multiple discrimination is not an exception in the Czech society: "A Romany woman can become a victim of three-fold discrimination:  she can be discriminated against by the major white society (for being a woman and for being a Romany), as well as by her own community."  Jan Hutař, the legislative director of the National Council of Persons with Disabilities, said that for people with disabilities their health state is more crucial than their gender. Martina Štepánková (lawyer) commented that nowadays it is necessary to emphasize the single main cause of discrimination at the court, since the chance to win a lawsuit thus increases. The round table confirmed the importance and the necessity not only of the ADL, but also of the anti-discrimination directive, which deals with discrimination outside the labour market.

 

 





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