Generally, in discrimination cases, the local court of the defendant (i.e. the person accused of discrimination) is competent at first instance. Once all ordinary appeals have been exhausted, the Constitutional Court may be approached with an individual constitutional complaint (http://www.usoud.cz/).
Joštova 8, 660 83 Brno 2
Tel. (+420) 542162111
Fax: (+420) 542161309, (+420) 542161169
The judicial body for the protection of constitutionality is the Constitutional Court, the status and competences of which are enshrined in the Constitution of the Czech Republic. The Constitutional Court stands outside the system of general courts. Its main task is to protect constitutionality and the fundamental rights and freedoms laid down in the Constitution, the Charter of Fundamental Rights and Freedoms and other constitutional laws of the Czech Republic, and to guarantee that State power is exercised in a constitutional manner.
Under Article 87 of the Constitution, the Constitutional Court decides, among other things, on constitutional complaints filed by legal or natural persons against final and enforceable decisions and other interventions made by public bodies affecting their fundamental rights and freedoms guaranteed by the Constitution. The decisions of the Constitutional Court are final and are not subject to appeal.
On its website, the Constitutional Court presents a constitutional complaint procedure guide, which contains basic information concerning the procedure (see http://www.usoud.cz/pruvodce-rizenim-o-ustavni-stiznosti).
The principal national human rights body dealing with violations of fundamental human rights is the Public Defender of Rights (see below).
At Government level, the issue of human rights falls within the competence of the Minister for Human Rights, Equal Opportunities and Legislation; other bodies dealing with the issue include the Government Council for Human Rights, the Government Council for Gender Equality, the Government Council for National Minorities and the Government Board for People with Disabilities as advisory bodies to the Government.
Public Defender of Rights http://www.ochrance.cz/
Brno, 602 00
Telephone: +420 542 542 111
Fax: +420 542 542 112
The Public Defender of Rights is an autonomous, independent and impartial State body that stands outside the public administration and is therefore not a public authority. It protects persons against the conduct of public authorities and other institutions performing State administration, where such conduct is:
The Defender is authorised to deal with complaints against the activities of:
Since 2006, the Public Defender of Rights has also supervised the protection of the rights of persons whose freedom has been restricted.
The Public Defender of Rights has no right to intervene in private-law relations or disputes (including disputes between employees and employers, even where the employer is a State authority), the only exception being complaints about discriminatory behaviour – in these cases, the Defender may also intervene in the area of private law.
The Defender may conduct independent investigations, but may not act in the place of State administration authorities and may not annul or change their decisions. However, if it finds any irregularity, it may request that the authorities or institutions provide a remedy.
If a State administration authority or a facility holding persons whose freedom has been restricted fails to fulfil its obligation to cooperate with the Defender or, after an irregularity has been found, fails to take adequate remedial measures, the Defender may inform the public about the matter.
Disclosure is a sanction available to the Defender under law. In such a case, the Defender may also communicate to the public the names and surnames of specific persons acting on behalf of the errant authority.
A complaint to the Public Defender of Rights must be filed by the person seeking the protection of his or her rights, or by his or her legal representative. If the complaint is filed on behalf of another person, this must be demonstrated by a written power of attorney or by another document stating the extent of the authorisation.
A complaint must always contain:
The length of investigations and the resolution of complaints is variable and will always depend on the circumstances and complexity of the case. The law does not establish any deadlines for the Defender; the Defender shall attempt to address all complaints, to the extent possible, within the shortest possible time.
There is no legal remedy (appeal) against the manner in which the Defender has handled a complaint or its result.
A complaint may be filed:
In writing – preferably on a printed complaint form mailed to: Veřejný ochránce práv, Údolní 39, 602 00 Brno. It is also possible to send a personal letter.
Email (even without electronic signature) sent to email@example.com with a description of the essence of the issue or, better still, by filling in the complaint form and sending it by e-mail.
Data box – the ID of the Office of the Public Defender of Rights is jz5adky. The data message may contain a filled-in complaint form or a personal letter containing the important information about the problem.
Using an interactive online form of an electronic filing service guaranteeing that the filing contains all the necessary particulars.
Personal delivery to the filing office of the Office of the Public Defender of Rights (Údolní 39, Brno), every weekday from 8.00am to 4.00pm. This way, it is possible to deliver a complaint with attachments not only in writing (on paper), but also on a data carrier.
Make a personal filing in a report – on weekdays from 8.00am to 4.00pm it is possible to come in person to the Receipt of Complaints in the building of the Office of the Public Defender of Rights, where the complaint will be discussed and written down by a lawyer of the Office
There is no Children’s Ombudsman in the Czech Republic; however, the Public Defender of Rights currently deals with complaints filed by children concerning the protection of their rights and interests.
Public Defender of Rights http://deti.ochrance.cz/
Brno, 602 00
Telephone: +420 542 542 888
Fax: +420 542 542 112
Children may approach the Public Defender of Rights in different ways, namely by ordinary letter mailed to or delivered in person at Veřejná ochránkyně práv, Údolní 39, 602 00 Brno, or using the interactive form filled in according to the instructions, by email sent to firstname.lastname@example.org, or in person at the address of the Public Defender of Rights, where the child can discuss and write down the problem with a lawyer of the Office of the Ombudsman.
The complaint should state clearly in particular:
The Defender may help the child e.g.:
Conversely, the Public Defender of Rights may not, for example:
Public Defender of Rights
Brno, 602 00
Telephone: +420 542 542 111
Fax: +420 542 542 112
Under the Public Defender of Rights Act, the Defender provides victims of discrimination with methodological assistance:
When submitting a request to the Defender to investigate discrimination, the applicant must identify as accurately as possible the alleged discriminatory behaviour and accompany the application with any and all evidence that may prove the discrimination.
Office for Personal Data Protection https://www.uoou.cz/
Pplk. Sochora 27
170 00 Prague 7
Telephone: +420 234 665 111
Fax: +420 234 665 444
The Office for Personal Data Protection (OPPD) is an independent body which:
The activities of the Office are defined by Act No 101/2000 on the Protection of Personal Data and amending certain acts, as amended.
The purpose of the Personal Data Protection Act is the right of the citizen, as guaranteed by the Charter of Fundamental Rights and Freedoms, to protection against unauthorised intrusion into their private and personal life and the unauthorised collection, publication or other abuse of personal data.
Anyone who discovers or who has reasonable suspicion that his or her personal data are being processed in violation of the right to the protection of his or her private and personal life and in violation of the Personal Data Protection Act – for example, if the personal data being processed are inaccurate or go beyond the purpose for which they were requested – has the right to make a submission to the Office.
A submission drawing attention to a suspected violation of the Personal Data Protection Act should include:
A complaint may also be filed anonymously to the Office or sent by electronic means.
The person filing a complaint is not a party to the proceedings in potential administrative proceedings, but may be heard as a witness.
The primary body to which natural persons may turn in the event of a violation of fundamental human rights is the Public Defender of Rights. Other entities in this area include, for example:
143 01 Prague 12
Telephone: +420 974 827 118
Fax: +420 974 827 280
The Refugee Facility Administration (RFA) is an organisational component of the State, subordinate to the Deputy Minister of the Interior for Public Order and Security; it cooperates with governmental and international institutions, local government bodies and non-governmental organizations. It also administers facilities for the detention of foreign nationals; since 2009 it has been operating a network of centres for supporting the integration of foreign nationals in regional capitals.
The Czech Republic uses the RFA to provide accommodation and other services to asylum seekers, refugees and detained foreigners pursuant to Act No 326/1999 on the stay of foreign nationals in the Czech Republic, and Act No 325/1999 on asylum. The RFA’s objective is to offer these persons appropriate and dignified conditions.
170 00 Prague 7 – Holešovice
Telephone: 266 753 421
Since 11 December 2014, the National Council of Persons with Disabilities has been a registered national association representing the interests of persons with disabilities when dealing with State and public institutions. The role of the National Council is to contribute to the integration of persons with disabilities into society and to consistently defend the human rights of these people. It is the main advisory body to the Government Board for People with Disabilities.
Its priorities also include:
There are a number of non-profit organizations in the Czech Republic that deal with human rights issues and help people when these rights are violated.
Pernerova 32/10, 186 00, Praha 8
The Centre for Integration of Foreigners (CIF) is a civic association established in 2003 to help foreign nationals integrate into Czech society.
It focuses on providing outpatient and outreach social services and educational programmes to foreigners with long-term or permanent residence in the Czech Republic. The CIF has branches in all Czech regions, its focus being on Prague and Central Bohemia. The organisation holds a social services registration under the Social Services Act and accreditation under the Voluntary Service Act.
The main activities of the organisation include:
All programmes aim to enable immigrants in the Czech Republic to lead an independent and dignified life in the Czech Republic while ensuring that they respect and are aware of local laws and purely interpersonal standards of conduct and behaviour, and promoting understanding, helpfulness and respect for the individuality of each migrant on the part of the recipient society.
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