CZECHIA-SOGI-TBs-CCPR

Concluding Observations on Report 4 (2019) (Link)

Discrimination on the grounds of sexual orientation and gender identity

11. The Committee notes that significant differences persist in the treatment of couples in same-sex registered partnerships, and is concerned that the law does still not recognize their right to joint adoption of children, despite the Constitutional Court’s judgment that section 13 (2) of the Registered Partnership Act – which prohibits individuals in a registered same-sex partnership from adopting a child – is unconstitutional. The Committee notes that a same-sex marriage bill is currently being debated (arts. 2, 23, 24 and 26).

12. The Committee is concerned that the law requires transgender persons to undergo mandatory sterilization as a prerequisite for legal gender recognition. The Committee regrets that this issue remains unsettled despite the decision adopted by the European Committee of Social Rights in 2018 in the case Transgender Europe and ILGA-Europe v. Czech Republic, and notes that the matter is currently under consideration by the Constitutional Court. The Committee is further concerned that a psychiatric diagnosis is also a precondition for legal recognition of gender (arts. 7, 16, 17 and 26).

13. The State party should: (a) review relevant legislation to fully ensure the equal treatment of same-sex couples, including by considering recognizing their right to joint adoption of children; and (b) eliminate abusive requirements for legal gender recognition, including mandatory sterilization and psychiatric diagnosis, and provide for and implement effectively a quick, transparent and accessible gender recognition procedure on the basis of self-identification by the applicant.

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Racial discrimination, hate speech and hate crimes

16. While welcoming the measures taken to address racism, hate speech and other forms of intolerance, including the annual Concept for Combating Extremism and Prejudiced Hatred and the Campaign against Racism project and Hate Free media campaign, the Committee is concerned about the reported high level of hate speech against Roma, asylum seekers, refugees and migrants, Muslims, Jews and lesbian, gay, bisexual, transgender and intersex persons, including by politicians and high-level officials and in the media and online, and attacks motivated by hatred. The Committee is particularly concerned that senior officials in the State party reportedly encourage the public perception of migration as a threat to public security and that the media has been used to instil fear of migrants and asylum seekers and to strengthen stereotypical prejudices based on ethnicity or religion (arts. 2, 7, 18, 20 and 26).

17. The State party should redouble its efforts, through both law enforcement and awareness-raising activities, to combat racial discrimination, hate speech and incitement to discrimination or violence on racial, ethnic or religious grounds, in accordance with articles 19 and 20 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression. It should, inter alia:

(a) Take effective measures to prevent hate speech, particularly by politicians and high-level public officials, firmly and publicly condemn such speech and intensify efforts aimed at addressing online hate speech;

(b) Strengthen awareness-raising efforts, and conduct campaigns aimed at promoting respect for human rights and tolerance for diversity and revisiting and eradicating stereotypical prejudices based on ethnicity or religion;

(c) Investigate hate crimes thoroughly, prosecute suspected perpetrators where appropriate and, if they are convicted, punish them and provide victims with adequate remedies;

(d) Ensure that adequate training continues to be provided to law enforcement officials, judges and prosecutors on addressing hate crimes and to media workers on promoting racial, ethnic and religious diversity.

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Concluding Observations on Report 3 (2013) (Link)

[no mention]

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Concluding Observations on Report 2 (2007) (Link)

[no mention]

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Concluding Observations on Report 1 (2001) (Link)

[no mention]

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