The Czech Centre for Human Rights and Democracy is proud to present a new issue of the Czech Republic Human Rights Review.
Searching for proportionality was the red thread of the major events that occurred in the Czech law in the “pandemic year” 2021. It is apposite that the Czech Charter of Fundamental Rights and Freedoms celebrated its 30th anniversary as highlighted by Tereza Kuklová in her opening essay.
Tereza further examines a parliamentary (in)competence to stop the government from declaring a state of emergency due to the Covid-19 pandemic and debates the major shortcomings of anti-pandemic measures. To get a glimpse at some particular violations, Nikola Sedláková examines the Constitutional Court's judgment concerning a general ban on retail sales. Daniela Matyášová then probes into the decision of the Supreme Administrative Court which annulled the mandate to wear a respirator.
The next part of our review could be described by the notion of “security.” First, Tereza Kuklová introduces a controversial constitutional amendment regarding a right to defend one’s life with the use of a weapon. Nikola Sedláková examines various issues of national security emerging from the annual report of the Security Information Service. Daniela Matyášová then moves to discuss whether a recognition of same-sex adoption may be viewed as a threat to the Czech sovereignty. Lastly, Kateřina Ochodková discusses the constitutional procedure of removing presidential powers relating to the unfavourable health condition of the Czech President.
Regarding the security of a person, Jana Koblasová examines the right to be provided with a placenta after childbirth and Nikola Sedláková sheds light on the judgment of the European Court of Human Rights concerning mandatory child vaccination.
Our review concludes with remarks written by Kateřina Ochodková regarding an interesting effect of the new electoral system on elections to the (Czech) Chamber of Deputies in October 2021.
Notwithstanding the difficult times, we wish you an enjoyable reading.
The Czech Centre for Human Rights and Democracy is proud to present a new issue of the Czech Republic Human Rights Review.
The year 2022 was marked by significant international events to which Czech law and policy had to respond. Most notably of which included Russian aggression in Ukraine and the consequential refugee influx and energy crisis. In our opening essays, Veronika Nováková introduces the newly adopted sanction act, known as the Czech Magnitsky Act, and investigates the legal ramifications of the Russian-Ukraine war. For example, changes in asylum law and criminal liability for war crimes before national courts.
In the following pieces, Veronika examines the Czech presidency of the Council of the European Union, and Kateřina Ochodková sheds light on the Czech endeavor in the UN Human Rights Council, first as its member, then as the presiding State.
Continuing, in analyzing the global climate crisis, Marie Gavendová probes into Czech commitments to reduce emissions and limit the use of coal-fired resources. Kateřina Ochodková then discusses a particular cross-border environmental case of the Turów Coal Mine in Poland.
Regarding the development in the Czech judiciary, Marie Gavendová analyzes intriguing discrimination cases before the Supreme Administrative Court. Do children and foreign nationals face discrimination in access to accommodation and restaurant services? Moreover, Kateřina Ochodková investigates a controversial “transgender” judgment of the Constitutional Court. Did it find the sterilization surgery, a statutory requirement for official change of one's gender, unconstitutional?
Marie Gavendová then scrutinizes an ongoing debate on same-sex marriage in the Czech Republic and illuminates the proposal for an amendment to the Civil Code that would introduce same-sex marriage before the law. Why are same-sex marriages still not permitted?
A positive change arrived in January 2022 when the compensation act for unlawful sterilization of women was finally adopted. Dominika Šudová probes into this long-awaited law and discusses its strengths and weaknesses. Dominika further explores the development in the area of rights of people with disabilities and explains how the Czech Republic monitors the commitments under the Optional Protocol of the UN Convention on the Rights of People with Disabilities.
