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Czech Republic - Third periodic report of States parties [2004] UNCEDAWSPR 30; CEDAW/C/CZE/3 (7 September 2004)

Committee on the Elimination of

Discrimination against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Third periodic report of States parties

* The present document is being issued without formal editing.

For the initial report submitted by the Government of the Czech Republic, see CEDAW/C/CZE/1 which was considered by the Committee at its eighteenth session. For the second periodic report submitted by the Government of the Czech Republic, see CEDAW/C/CZE/2 which was considered by the Committee at its Exceptional session.

Czech Republic*

Contents

INTRODUCTION

1. The Convention on the Elimination of all Forms of Discrimination against Women (hereinafter only the “Convention”) was approved 18 December 1979 in New York and came into force under Article 27 (1) as of 3 September 1981. It was signed on behalf of the Czechoslovak Socialist Republic 17 July 1980 in Copenhagen and came into force for the Czechoslovak Socialist Republic as of 18 March 1982, in accordance with Article 27 (2).

2. In 1994, the Czech Republic, in accordance with Article 18 (1) of the Convention, submitted to the Committee for the Elimination of all Forms of Discrimination against Women (hereinafter only the Committee) an introductory report on the Convention for the years 1993-1994. The Committee discussed the report on 26 and 27 January 1998.^[1]

3. At its meeting of 8 August 2002^[2], the Committee considered the second periodic report of the Czech Republic^[3] for the period 1 January 1995 to 30 June 1999.

4. The third periodic report covers the period 1 July 1999 to 31 December 2003. It is compiled according to the general guidelines on the form and content of periodic reports^[4], which are valid for reports submitted after 31 December 2002. It thus focuses on a description of the important changes that have occurred since the compilation of the second periodic report and responds to problems highlighted by the Committee in the Recommendations.

5. The report describes the legal and other measures that mark the progress made in eliminating discrimination against women, important changes in the status and achievement of equality for women, and the procedures intended to eliminate remaining obstacles to women’s involvement in political, social, economic and cultural life.

6. The period monitored by the report means that certain information already referred to in the discussion of the second periodic report in August 2002 is repeated.

7. In its Recommendations the Committee expressed concern at the lack of information on Roma women. The Act on members of national minorities (No. 273/2001 Coll.) does not permit public administrative bodies to maintain records of members of national minorities. Data on the registration of nationality, obtained by census or other separate act, may not be used for another purpose than that for which they were gathered and recorded, and must be destroyed following their statistical processing. Nevertheless, the report does mention certain data on Roma women obtained through various research and studies.

The Czech Republic’s participation in international human rights treaties on discrimination against women

8. In December 1999, the Czech Republic signed the Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women (hereinafter only the “Optional Protocol”). The ratification process continued in 2000. The Chamber of Deputies approved ratification of the Optional Protocol on 25 October 2000. The Senate then approved the agreement as an international treaty on human rights and fundamental freedoms pursuant to Article 10 of the Convention on 22 November 2000. The Optional Protocol came into force under its Article 16 (1) as of 22 December 2000. The Optional Protocol came into force for the Czech Republic under paragraph (2) of the same article as of 26 May 2001.

9. The Czech Republic has signed the 12th Protocol on the Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter only the “Protocol”). The Protocol was signed 4 November 2000 in Rome on the occasion of the European Ministerial Conference on Human Rights, organised for the 50th anniversary of the agreement of the Convention on the Protection of Human Rights and Fundamental Freedoms.

10. In 2002, the Czech Republic signed the Protocol on the Prevention, Elimination and Punishment of Human Trafficking, particularly the trafficking of women and children, which supplemented the Convention on the Elimination of International Organised Crime (hereinafter only the “Protocol on Prevention”). However, due to the fact that the Czech Republic had not at that point ratified the Convention (which it signed 13 December 2000) it cannot ratify the Protocol on Prevention. The Czech Republic is thus preparing a bill for the Convention’s ratification together with the ratification of the Protocol on Prevention.

Systemic changes

11. An important measure was the creation in 2000 of the ombudsman,^[5] who is responsible for protecting people’s rights against the actions of bodies and other institutions where these are in breach of the law or fail to comply with the principles of a democratic, legal state and good administration, as well as against their inaction, and thereby helps protect fundamental rights and freedoms. The ombudsman’s activity applies to ministries and other administrative bodies whose competence covers the entire territory of the state, administrative bodies subject to them and certain other bodies^[6]. The ombudsman’s activity does not apply to Parliament, the President of the Republic and the Government, the National Audit Office, the intelligence services of the Czech Republic, bodies active in criminal proceedings, the Public Prosecutor’s Office and the courts, with the exception of the state administration of the courts. The Act provides for recourse to the ombudsman in cases of discriminatory behaviour by bodies and institutions to which the ombudsman’s competence applies.

12. As the Czech delegation mentioned during the discussions on the second regular report, in 2001 the government established the “Government Council for Equal Opportunities for Men and Women” (hereinafter the “Council”) as an advisory body. The Council drafts proposals designed to promote and achieve equality of opportunity for men and women. In particular, the Council:

• discusses and recommends to the government fundamental policy approaches to be followed by the government in promoting equal opportunities for men and women,

• coordinates the fundamental approaches of ministry policies with regard to equal opportunities for men and women,

• specifies the range of priorities for ministry projects designed to help bring about equal opportunities for men and women,

• identifies current problems in society relating to equal opportunities for men and women,

• assesses how effectively the principle of equality is implemented for men and women.

13. The Czech Republic created the basic legal framework for improving the Convention’s implementation in 1998-2000, and continued to perfect this over the following period. In 2001-2002, certain legal regulations were amended and new legal regulations adopted that relate to the matter of equality between men and women.

14. As part of a decentralization policy, higher territorial self-administering units (regions) were established^[7] in 2000. The regions came into being as of 1 January 2000. The Act on Regions (No. 129/2000 Coll.) regulated fundamental questions of status, authority, organization and competence. A consequence of the measure was the dissolution as of 31 December 2002 of the district authorities (local bodies performing state administration; as at 31 December 2002 there were 77 districts in the Czech Republic). On 1 January 2003, a significant part of their competencies was transferred to the municipalities with extended competence, while some activities were transferred to the regional authorities and other administrative authorities.

15. Like the municipalities, the regions perform self-administration and state administration in a devolved capacity. Self-administration generally covers matters involving the territorial unit’s development and its operations. State administration in a devolved capacity is subsidized by the state and includes all measures that generally relate to mandatory state budget expenditure^[8].

16. A region is administered by the regional council in the scope laid down by the Act. In its capacity as an independent body, the council can issue generally binding decrees. To fulfil its tasks a region may establish legal entities and organizational units (organizations). The regional bodies are the regional assembly, the regional governor and the regional authority. The assembly is an executive authority in the region’s capacity as an independent body. In its activity the assembly is answerable to the council. The assembly may only decide in matters of a devolved capacity where stipulated by the Act. The assembly is composed of the governor, the deputy-governor (deputies governor) and other members of the assembly. In a devolved capacity, the assembly issues regional directives (legal regulations), where the Act so permits. The governor establishes special bodies to exercise devolved powers, if this is stipulated by a particular act. The regional authority performs tasks in an independent capacity as required by the council and the assembly and assists in the activities of committees and commissions. The assembly may only delegate tasks to the regional authority in the scope of its competence accorded it by the act. The regional authority exercises devolved powers with the exception of matters that are entrusted to the council and the assembly or a separate body. In the scope and means accorded it by the act, the regional authority supervises the activity of municipal bodies in the exercise of devolved powers. The act requires that in the recruitment of personnel or the appointment of managerial officials efforts should always be made to ensure that men and women are equally represented among officials or at any particular management level. For details see paragraph (69). As its initiating and supervisory bodies the council establishes committees and the assembly establishes commissions.

Article 1

17. The prohibition of discrimination in legal relations regulated by the Act on Employment (No. 1/1991 Coll.) has been valid since 1 October 1999. An amendment to the Act on Employment and Powers of Authorities of the Czech Republic in the Employment Sphere (No. 220/2002 Coll.) also established a legal framework to implement so-called positive action^[9].

18. The amended text of the Act on Employment and Powers of Authorities of the Czech Republic in the Employment Sphere (No. 220/2002 Coll.), together with the Labour Code (No. 65/1965 Coll.), solve the prohibition of discrimination and the adherence to equality, both in gaining employment and during its course. It includes the possibility of adopting so-called positive action in favour of members of a sex that is underrepresented in decisive company activities, as well as positive action to eliminate discrimination for other reasons^[10]. The implementation of positive action cannot be considered discriminatory (a principle that is particularly emphasised).

19. The amendment to the Labour Code^[11] (Act No. 46/2004 Coll.) introduced a definition for the term harassment, which means a situation where unwelcome behaviour takes place that is associated with a person’s sex, whether in access to employment, performance of a profession or specialist training, or which occurs in the place of work and whose purpose or effect is the violation of a person’s dignity or which creates an intimidating, hostile, degrading, humiliating, insulting or alarming environment. Sexual harassment means a situation where any form of verbal, non-verbal or physical behaviour of a sexual nature takes place, whether in access to employment, performance of a profession or specialist training, or which occurs in the place of work and whose purpose or effect is the violation of a person’s dignity or which creates an intimidating, hostile, degrading, humiliating, insulting or intimidating environment. Harassment and sexual harassment are considered to be forms of sexual discrimination.

Institutional implementation of the policy of equal opportunity for men and women

20. The inadequate institutional implementation of the equal opportunities‘ policy has long been evaluated negatively at all levels, although in particular at regional and municipal levels. As the delegation of the Czech Republic reported during the discussion of the second regular report, the Czech Republic responded to this shortcoming by setting up the Council ^[12] as a government advisory body whose chief task is to come up with proposals for the creation and implementation of equal opportunities for men and women^[13]. The Council prepares proposals on the implementation and achievement of equal opportunities for men and women, discusses and recommends basic policy approaches for the government and coordinates the basic policy approaches for individual ministries with regard to equal opportunities. It also stipulates the range of priorities for ministry projects to assist in implementing equal opportunities, identifies current problems of society in this sphere and assesses how efficiently the principle of equality for men and women is being implemented.

21. The Committee’s recommendation that existing mechanisms to support women be strengthened (point 90) was partly fulfilled by the launch of a twinning project, which forms part of the EU PHARE program. The project, entitled “The improvement of the public institutional mechanism for the introduction, implementation and monitoring of equal treatment of men and women”, is expected to further strengthen and perfect the mechanism for the institutional implementation of the policy of equal opportunities for men and women. From a selection procedure held among the EU member countries Sweden was chosen as a partner in the project. This should result in a proposal for the institutional implementation of the policy of equal opportunity for men and women that would be applicable in the Czech Republic. The twinning project lasted one year and was completed 31 July 2003. Its results are currently being processed^[14].

22. Another measure adopted to meet the Committee’s recommendation (point 90) is the ongoing updating of the program document “Government priorities and procedures for promoting equality between men and women”, which is the national action plan for promoting equality between men and women adopted by the government in 1998.

23. Since 1 January 2002, each ministry has employed one person to monitor, assess and promote equality for men and women in the relevant ministry. Each ministry prepares its priorities and procedures for the implementation of equality for men and women, while taking into account the specifics of the particular ministry, and sets targets that have to be met concerning equality of men and women.

24. At the annual assessment of the Priorities program in 2000, the government demanded of all its members that they apply the gender mainstreaming method^[15]. Ministries report that they fulfil this task on an ongoing basis, although information from the Ministry of Labour and Social Affairs suggests that fulfilment is largely only formal. Details are given in the articles dealing with individual rights.

Article 2

Means for the elimination of discrimination against women

25. In areas covered by letters a, d, e, f, g of Article 2 there were no significant changes during the monitored period.

Legislative measures (letter b)

26. Until 31 May 2002, Article 10 of the Czech Constitution only recognised one category of international agreement – treaties concerning human rights and fundamental freedoms, which at a constitutional level were accorded precedence over the law. All other agreements were domestically applicable only where expressly stipulated by law. The situation resulted in a certain non-transparency, subsequent inconsistencies and lack of uniformity in the application of the relevant agreements by courts and other bodies, and therefore in their practical application.

27. The amendment to Article 10 of the Constitution, effective from 1 June 2002 (constitutional law no. 395/2001 Coll.), represented a change, stating that: “published international treaties, to whose ratification Parliament has given its consent and which are binding on the Czech Republic, form part of the legal code; if the terms of an international agreement are different to those of a specific act, the international treaty shall be applied”.

28. The amendment to the Constitution gives international agreements precedence over domestic acts. Where an act is found to be in violation with an international agreement which forms part of the legal code of the Czech Republic, all those who apply the law shall give precedence to the international agreement. If the variance is such that it prohibits the effective enforcement of rights stipulated by international agreements, recourse can be had to the Constitutional Court in order to cancel acts, other legal regulations or their individual parts.

29. The amendment to Article 10 of the Constitution also conferred new powers on the Constitutional Court, which is now fit to decide on a proposed assessment of conformity between an international agreement and constitutional order before its ratification. The President of the Republic and a certain number of MPs or senators are entitled to submit a proposal for the review of conformity between international agreements and constitutional order before they are ratified. If the Constitutional Court finds any inconformity between the constitutional order and an agreement, either the agreement will not be ratified or the legal order will be amended in order to create the space for its ratification.

30. In February 2004, the government will submit a bill for an act on protection against discrimination. The Act will regulate the right to equal treatment and protection against discrimination on grounds of race or ethnic origin, sex, sexual orientation, age and other grounds. It also provides for the institutional safeguarding of equal treatment and protection against discrimination. It defines direct and indirect discrimination and states that harassment and victimization are also considered to be forms of discrimination. The Act will lay down the rules for equal treatment, including exceptions where unequal treatment is not considered discriminatory, and rules for positive action. It shall also regulate the right to equal treatment and protection against discrimination in employment matters, including remuneration, rights to employment and access to employment.

31. Greater detail on the acts adopted to eliminate discrimination against women is contained in the articles covering the specific areas of possible discrimination.

The legal protection of women’s rights against any discriminatory act on an equal basis with men by means of the relevant national courts and other public institutions (letter c)

32. A natural person may also submit a proposal for the cancellation of legal regulations that are discriminatory in character. He or she shall submit a constitutional complaint for the cancellation of the public authority’s decision that violated its fundamental right or freedom guaranteed by constitutional order. The Act on the Constitutional Court (No. 182/1993 Coll.) states that if such person’s constitutional complaint is granted, the Constitutional Court shall cancel the disputed decision by the public authority, or forbid the relevant body from continuing to violate the right and freedom concerned and instruct it, if possible, to return to the situation that pertained before the violation. At the same time, the Constitutional Court shall continue with proceedings on the cancellation of the relevant act or other legal regulation which formed the grounds for the public authority’s disputed decision or the authority’s violation of the right or freedom.

33. Greater detail on the legal protection of specific women’s rights is contained in the articles covering these rights.

Domestic violence

a) Prevention

34. In order to fulfil the tasks outlined by the Priorities, the Ministry of the Interior set up an inter-departmental working group in 2001 which prepared and subsequently implemented in 2003 a “Model inter-disciplinary project to create a legal framework and methodological procedures for the introduction of inter-disciplinary teams combining health, social and police assistance in detecting and prosecuting cases of domestic violence”. The working group contains representatives from the Ministry of the Interior, the Ministry of Labour and Social Affairs, the Ministry of Justice, the Ministry of Health and the Ministry of Education, Youth and Physical Education, as well as the non-governmental organizations ROSA, proFem and the White Circle of Safety. The project included round-table expert discussions which proposed measures that could be used as the starting point for other steps and strategies designed to curb domestic violence. A report on the implementation and conclusions of projects will be handed to the government in the first half of 2004.

35. In 2003, the government ran an information campaign on the unacceptability of domestic violence and all other forms of violence inflicted on women^[16]. The campaign’s strategy was devised by an ad hoc group under the leadership of a government counsellor for human rights. The group was composed of representatives from the Ministry of Labour and Social Affairs, the Ministry of the Interior, the Ministry of Education and representatives from nine non-governmental organizations involved in the subject of domestic violence^[17]. The campaign was chiefly aimed at young people between 15 and 25 years of age. The aim was to show that the first signs of any violence (not only physical but also psychological) in a relationship must be rejected.

36. A contact person (employee of the Ministry of Health) was appointed to act on behalf of the Czech Republic at the World Health Organization (WHO), specifically to work on the Committee for the implementation of a community action program of preventive measures in the fight against violence inflicted on women and children in the sphere of the judiciary and the interior. The Ministry of Health is involved in the fulfilment of the National Strategy for the fight against human trafficking for purposes of sexual exploitation in the Czech Republic. It is preparing the relevant diagnostic standards for doctors and the treatment and rehabilitation of victims in conjunction with other ministries and organizations.

37. Education aimed at domestic violence is chiefly covered in the specialist training for new police recruits. A bulletin entitled “Behind Closed Doors”, which deals with the matter of domestic violence, was distributed to all police departments. In conjunction with Rosa and ProFem non-government organizations, training was conducted for social workers employed in the Counselling Centre for Refugees (a budget organization of the Ministry of the Interior) on specific aspects of domestic violence. Violence against women constituted the theme of specialized seminars for police officers organised in conjunction with foreign partners^[18]. The Ministry of the Interior’s website includes information on the subject of domestic violence. Together with the White Circle of Safety (Bílý kruh bezpečí) a pilot project was developed for educating the police in how to handle the victims of crimes. A course was also held for selected police officers from one of the regional administrations of the Police (the course is expected to be broadened to take in the whole police force).

38. In conjunction with other ministries and organizations, the Ministry of Health is preparing relevant diagnostic standards for doctors, and the treatment and rehabilitation of victims. It has organised a specialist seminar on the subject of Raising health workers’ awareness of violence inflicted on women. Specialist staff from the Ministry of Health publish articles on violence inflicted on women in the Nursing (Sestra) magazine, in Health newspaper, (Zdravotnické noviny) other specialist publications and on the Ministry’s website^[19].

39. The Institute for Criminology and Social Prevention has conducted preliminary research into domestic violence, the results of which were published in 2001^[20]. Domestic violence and the research results also formed the subject of a specialist seminar organised in 2002 for judges, public prosecutors and other members of the expert public Domestic violence – the problem and reflections thereon. The preliminary research focused inter alia on physical domestic violence between adult persons.

40. The above research also monitored the incidence of physical domestic violence (sexual violence was not included) against members of both sexes, i.e. also against women and girls.

41. The preliminary research that focused on physical violence between adults also identified the incidence of physical domestic violence encountered by the administrative authorities when handling misdemeanours^[21] during the course of one year (1999) in Prague. Of the total of misdemeanours identified by the Institute for Criminology and Social Prevention (a minimum of 1022 cases) concerning physical violence between adults in the family during 1999 in Prague, 22.6 % of misdemeanours (i.e. 231 offences – see data below) were dealt with materially, more than half of the offences (57.5 %) were postponed and 16.9 % of proceedings concerning misdemeanours were suspended. The 1022 misdemeanours recorded by the Institute for Criminology and Social Prevention that concerned physical domestic violence in Prague in 1999 made up 6.4 % of all registered misdemeanours in that year, as defined by the Act on Misdemeanours.

42. In completed and non-suspended cases of misdemeanours concerning physical violence between partners in a family (177 cases), it was found that 80.8 % (i.e. 143 cases) concerned violence on the part of the man towards the woman. Other cases concerned either violence by the woman against the man (10.2 %, 18 cases) or mutual violence by both sexes (7.9 %, 14 cases). In cases of violence in the so-called “wider and narrower” family (relatives other than the husband, partner, ex-husband, 54 cases), women were victims of physical violence within the family in 53.7 % (29) of cases and the aggressors were both male and female.

43. The preliminary research into the incidence of physical domestic violence conducted in Prague over the course of one year (1999) substantially confirmed the trends identified in a wide variety of research into domestic violence, i.e. that the victims of physical violence by partners in the family are overwhelmingly women. Otherwise, the results from the Institute for Criminology and Social Prevention make it clear that women in Prague were also the victims of physical violence in other family relationships than those with their partner, even though this was less preponderant.

b) Current legislation

44. Although partial successes have been recorded in the prevention and elimination of violence against women, the overall situation has not changed substantially. There is significant tolerance of this type of violence in private relationships (cases of so-called domestic violence) and in spheres that are not strictly defined from a legal perspective, such as prostitution and the sex industry (cases of human trafficking). Under section 163a of the Criminal Procedure Act (No. 141/1961 Coll.), criminal prosecutions for the most frequent acts of domestic violence^[22] require the consent of the injured party. The period within which the injured party may give consent to the prosecution is limited to 30 days and the act expressly states that after this period consent may not be given. A fundamental problem remains the inadequate protection of the victims of domestic violence. Unless the aggressor-partner is taken into custody or is imprisoned nothing can be done to compel him to leave the joint home (apartment, house).

45. The Criminal Procedure Act (No. 140/1961 Coll.) does not recognise the term “domestic violence”. It does, however, recognise the merits of the case, which may also constitute behaviour that is in common speech referred to as domestic violence. These concern particularly the following criminal acts:

1. Violence against a group of the population and against an individual (Section 197a),

2. Neglect of mandatory maintenance (Section 213),

3. Maltreatment of a ward (Section 215),

4. Threatening the moral upbringing of a young person (Section 217),

5. Murder (Section 219),

6. Bodily harm (Sections 221 and 222),

7. Limiting personal freedom (Section 231),

8. Blackmail (Section 235),

9. Oppression (Section 237),

10. Infringement of freedom in the home (Section 238),

11. Rape (Section 241),

12. Unjustified infringement of right to a home, flat or commercial premises (Section 249a)

Table 1: Number of criminal prosecutions suspended on grounds of consent not being granted.

Year 1999

Table 2: Number of criminal prosecutions suspended on grounds of consent not being granted.

Year 2000

Table 3: Number of criminal prosecutions suspended on grounds of consent not being granted.

Year 2001

Table 4: Number of criminal prosecutions suspended on grounds of consent not being granted.

Year 2002

Table 5: Number of criminal prosecutions suspended on grounds of consent not being granted.

Year 2003

46. Statistics from the public prosecutor’s office and the courts contain information that pertains only to these crimes; it is nevertheless unclear whether the sentence is imposed for the crime that corresponds to domestic violence. At present, only data on the culprit is monitored for the purpose of statistics, and not the victim or the circumstance where the culprit attacked a “domestic” person. The introduction of new merits of the case, which will prosecute actions defined as domestic violence, will also make available statistics describing the crime. Crimes associated with domestic violence will be monitored statistically from 1 January 2004. Information on victims is available for selected crimes.

Table 6: Criminal acts under Sections 242, 243 and 204 of the Code of Criminal Procedure – according to the sex of the culprit and the sex and age of the victim

47. The following text contains information on measures designed to counter violence against women in the family and in society, as required by the Committee in the Concluding Recommendations (point 94).

48. In 2004, Parliament approved a senate bill that would amend the Code of criminal procedure (Act No. 140/1961 Coll.)^[23] and make the maltreatment of a person living in shared accommodation the merit of a case (section 215a) punishable by a prison sentence of from one to three years. The merit of the case should express the specific hallmarks of the crime – a certain mutual dependency between the culprit and the victim, i.e. that the act involves people who are not only close but also live in shared accommodation, as a result of which they find it difficult to leave the shared accommodation. A sentence of up to eight years can be imposed in cases of repeated or particularly brutal behaviour or cases of violence inflicted on more than one person.

49. The Czech Republic is also preparing a new code of criminal procedure which should come into effect 1 January 2005 and which will deal directly with the subject of domestic violence.

Rape and incest

50. In accordance with the Committee’s request (point 96) there follows a list of definitions and sentences for case merits for rape and incest pursuant to the Code of criminal procedure (No. 140/1961 Coll.).

Rape (section 241): “Whoever by violence or threat of direct violence forces another person to have sexual intercourse or other analogous sexual relation, or whoever abuses another person’s defencelessness in order to commit such an act will be punished by a term of imprisonment of two to eight years.” The prison terms rise in relation to the circumstances of the crime^[24] up to a sentence of 10 to 15 years. Whereas the original wording of section 246 (as at 1 June 2001) referred only to sexual intercourse, the new wording also covers other forms of sexual relation.

Incest (section 245): “Whoever commits incest with a direct family member or with a sibling will be punished by a term of imprisonment of up to two years.” This case merit applies to voluntary sexual relations between adults who are related to each other according to the definition of the case merit of the crime.

51. The new code of criminal procedure will contain a new definition of rape: “Whoever compels another person to have sexual relations, either through violence or the threat of violence or the threat of other harm, or whoever abuses a person’s defencelessness to commit such an act, will be punished by a prison term of from six months to five years.” The new code of criminal procedure will also criminalize coercion to have sexual relations under the threat of other harm, and not only the threat of violence as is the case at present. In the case of sexual intercourse between relatives the definition should be as follows: “Whoever has sexual intercourse with a blood relative will be punished by a prison term of up to three years.” The new code of criminal procedure will thus limit the criminality of incest with a direct family member to cases of sexual intercourse between blood relations.

52. The Czech Republic does not anticipate the introduction of a new crime for rape between spouses. Nevertheless, the same effect is achieved through the new wording for the case merit for rape, which includes acts on intimates in circumstances that can be punished with higher prison sentences. Rape victims can therefore be a spouse, as well as a partner or other person in a family or analogous relation.

Article 3

Measures to safeguard the full development and advancement of women

Legislative measures

53. This article can be considered to have been fulfilled by the amendment of a wide variety of acts. In conformity with its international undertakings and preparation for its future membership of the EU, the Czech Republic took several major steps in respect of labour law between 1998 and 200 in order to implement the principle of equal status for men and women.

54. In 1999, the Czech Republic took up the possibility for EU candidate countries to enter the fourth medium-term action program for equality for men and women (1996 – 2000). After assessing the progress made, the EU decided to alter the Program’s character and in its place was born the Community Framework Strategy for Gender Equality (2000 – 2005), which also includes the Program for the Community Framework Strategy for Gender Equality (2001 – 2005). The European Commission proposed an ancillary program to help implement the Framework Strategy, which is designed to coordinate all initiatives and programs promoting gender equality under one roof. Due to the fact that the Program only opened for candidate countries in the middle of December 2001, by which time the PHARE 2002 funds had already been allocated and the national budget approved for 2002, the Czech Republic was not able to enter the Program’s current phase for financial reasons, regardless of the limited range of activities for which candidate countries can draw EU funds during the first phase of the Program.

55. In December 2002, the Czech Republic entered the EU community program for equality for men and women with effect from 2003. The relatively limited range of activities for the accession countries meant that in December 2003 only one project was approved for the Czech Republic – the organization of a conference on equality for men and women in Prague in 2004.

56. In 2001, the Czech Republic joined the EQUAL European initiative, which forms part of the EU’s employment policy. This is financed from the European Social Fund and attempts to increase and improve employment. Its main goal is to support equal access to employment and to develop and test procedures designed to curb discrimination and inequality in the labour market.

57. The period 2001-2003 saw the amendment of several legal regulations and the adoption of new legal regulations on the matter of equality for men and women. These are chiefly:

• The amendment to the Act on Employment (No. 9/1991 Coll.), which contains a prohibition on sexual discrimination in the enforcement of employment rights;

• The Act on Official Territorial Self-Governing Units (No. 312/2002 Coll.), which provided a legal framework for the implementation of so-called positive action;

• The amendment to the Labour Code (No. 65/1965 Coll.), which prohibits direct and indirect discrimination on a number of grounds, including a person’s sex, the prohibition on harassment and sexual harassment defines terms relating to discrimination and provides a closer definition of sexual harassment in the workplace. It also stipulates that in cases where rights and obligations relating to equal treatment for men and women are violated, or discrimination occurs, as part of labour relations, the employee is entitled to demand that the violation cease, that the consequences of the violation be remedied and that he or she receive adequate compensation. The amendment also introduced a provision for parental leave;

• The amendment to the Act on Professional Soldiers (No. 221/1999 Coll.) contains the obligation of service bodies to ensure equal access and equal treatment for all potential recruits and for all soldiers when formulating conditions for the performance of service;

• The Service Act (No. 218/2002 Coll.) contains the principle of equal treatment for all state employees concerning the conditions of the performance of the service, remuneration and other financial payments, education and the opportunity to achieve promotion in the service;

• The amendment to the Act on Wages, remuneration for work stand-by and average earnings (No. 217/2000 Coll.) contains the principle of the same wage for the same work or for work of the same value;

• The amendment to the Code of Civil Procedure (Act No. 99/1963 Coll.) contains the principle of shifting the burden of proof in labour matters concerning sexual discrimination;

• The amendment to the Code of Criminal Procedure (Act No. 265/2001 Coll.) regulates the specific conditions of the injured party’s consent or non-consent to criminal prosecution;

• The Act on the Service of Members of the Security Corps (No. 361/2003 Coll.) prohibits discrimination in the service, defines discrimination-related terms and establishes the right to demand judicial protection in the event of discrimination.

58. In its recommendations the Committee (point 88) calls on the State Party to ensure that Czech laws contain adequate and accessible mechanisms for their enforcement and remedial instruments in the event of a breach of women’s rights. The plaintiff’s status has been strengthened in judicial proceedings concerning direct or indirect sexual discrimination in labour matters by shifting the burden of proof to the defendant, who has to prove that the plaintiff’s allegations are false. This transposes the EU Council’s directive on the burden of proof in cases of sexual discrimination (97/80/EU). According to the Employment Act (No. 9/1991 Coll.), if discrimination can be proved in an employment offer the employer can be fined up to CZK 250,000, or CZK 1,000,000 in the event of the repeated breach of this obligation.

59. Another means of protection is legal action against an employer to prevent him from taking retaliatory measures. Anyone who believes that he or she is discriminated against may request an investigation by control bodies – employment offices. A member of a trade union organization who is the victim of discrimination may also have recourse to the Trade Union, which is entitled to take part in the resolution of labour disputes.

60. Individuals who have suffered as a result of a breach of the right to equality guaranteed in accordance with the Convention may have recourse in labour disputes to the courts. This chiefly concerns breaches of the Labour Code, under which nobody may abuse the performance of rights and obligations in labour relations to the detriment of another party to the labour relations, or to the denigration of human dignity.

61. Generally, individuals can also have recourse to the courts if they believe that as a result of discrimination they have suffered damage to health or property through the violation of a legally-stipulated obligation. They may also enforce their right to personal protection, particularly of life, health, civil honour, human dignity, as well as privacy, reputation and manifestation of personal identity, and may submit the corresponding petition at the relevant court. The number of submissions to courts that are made pursuant to the Convention is not monitored.

62. The Committee expressed (point 87) dissatisfaction at the fact that women only rarely made use of laws defending them against discriminatory conduct, and at the lack of court rulings awarding women compensation for such acts. Courts keep statistical surveys of rulings in cases of discrimination concerning employment relations. Although such cases have been monitored since 1999, up to 2002 not a single case had occurred where the courts adjudicated in labour-law disputes that were brought for reasons of sexual discrimination, disputes on the termination of an employment relationship as a result of sexual discrimination or disputes revolving around discrimination with regard to remuneration. Details on the particular laws can be found in the commentary to Article 11.

Non-legislative measures

63. The Ministry of Defence prepared a standpoint on equal opportunities for men and women in the document “Organizational-methodological instructions for military schools for the school/academic year 2002 – 2003”, which covers the incorporation of the question of equal opportunities for men and women into the teaching of general subjects of education. The aim is to provide more precise requirements for improving and supplementing the preparation of professional soldiers. The document is among the fundamental steering and planning documentation and has a binding character. It was issued in 2003 and is expected to be re-issued in the future. Another measure taken in accordance with the Priorities for 2003 is the Order of the Minister of Defence No. 29/2002 “Enforcement of the principle of equality for men and women working for the Ministry of Defence”^[25].

64. At its meeting of 29 April 2003, the Government Council for equal opportunity for men and women asked the government to impose on the Ministry of Finance to prepare a methodological aid (information material) on budgetary procedures with regard to men and women. A working group was set up in the Ministry in October 2003 in order to address this problem^[26].

Article 4

65. In paragraph (2) no changes were adopted during the monitored period.

Temporary special measures to accelerate progress towards equality between men and women (paragraph 1)

66. In its recommendations (point 92), the Committee called on the Czech Republic to adopt measures to increase women’s representation in elected and appointed bodies and to promote equal gender distribution. With regard to the enforcement of the principle of equality for men and women in the access to decision-making positions in government bodies, ministries and the administrative authorities and institutions under their management, women’s representation in the highest functions of executive bodies is low, although their number rises as the positions decrease in importance. For example, between 1998 and 2002, there was not a single female member of government. Two women are currently members of the government. The proportion of women involved in political, public and managerial functions is higher at the municipal level. Women tend rather to be involved at a practical level and not in the sphere of “high” politics. For data on women’s representation in Parliament see Article 7 b).

67. The Act on Officials of Territorial Self-Governing Units requires that territorial self-governing units, when selecting applicants or appointing managerial officials, always take into account the equal distribution of men and women among the officials or at a certain level of management. Under the Act, unequal representation constitutes grounds for the adoption of measures that under other circumstances would be considered discriminatory. The Service Act (No. 218/2002 Coll.) contains the principle of equal treatment for all state employees as concerns conditions of performance of service, remuneration and other financial payments, education and the opportunity for promotion in the service.

68. The Priorities 2002 program made it incumbent on all members of government to ensure that the drafting of legal regulations includes provisions to eliminate any discrimination in the representation of men and women in decision-making company activities. The Minister of Defence thus issued Order No. 29/2002 (internal normative act) Implementing the principle of equality between men and women working in the Ministry of Defence. (Other ministries did not introduce any specific measures to fulfil this task, although they stated that they would fulfil the task on an ongoing basis or that their legal regulations were gender neutral).

69. The majority of ministries and other administrative authorities report that managerial functions are filled according to qualification requirements and in particular according to the expertise and skills needed to fill the relevant function.

70. Details on the measures adopted to speed up equality for men and women are contained in the articles covering specific rights, particularly Article 11.

Article 5

Measures designed to alter social and cultural customs (letter a)

71. The Committee called on the Czech Republic to eliminate traditional stereotypes (point 104). In order to ascertain the public’s stance on the question of equal opportunities the Ministry of Labour and Social Affairs ordered research to be carried out on public opinion concerning Certain aspects of socio-political mechanisms affecting gender relations. The research concerned some impacts on gender relations. The area of the population researched were citizens of the Czech Republic over 15 years of age. The research showed that Czech society overwhelmingly acknowledges the principle of equality for men and women as correct, although traditional stereotypical opinions persist in its application in practice. Society does not seem very willing to change established gender roles and is highly opposed to possible affirmative action to support a discriminated sex, particularly in employment or politics (e.g. positive action, quotas). In the family the status of the partners is characterised by the traditional stereotype, where the majority of the care for the home and the family (e.g. house work, caring for children and aged relatives) rests on the woman’s shoulders, while the man’s role is to guarantee the family’s financial security.

72. Further research on public opinion on this matter, which was conducted at the end of March 2002 as Omnibus research concerning reflections on socio-political mechanisms affecting gender relations, confirmed the results of the previous research.

73. In 2003, new research was conducted on the subject of Certain aspects of socio-political mechanisms affecting gender relations. This found that the public’s views had changed very little since 2002. There was an increase in the number of men who perceived the situation for women obtaining appropriate work for due remuneration as unfavourable. Women in 2003 were more reserved about the concept of equal opportunities. The research will be repeated in 2004 in order to capture the development of public opinion.

74. In 2003, research was carried out for the Ministry of Labour and Social Affairs into public opinion on the subject Women’s image in the media and advertising and its influence on public opinion concerning equality of men and women. The situation differs only in the case of magazines with a relatively strong female readership. In titles that are primarily devoted to relationship matters women’s representation is understandably more marked. Both in the media and society, women continue to be presented in their traditional roles, those of the woman – mother caring for children, other dependent members of the family and the home. This stereotype is evident both for female and male authors in the media. On the other hand, the media displays a certain sympathy for women’s struggle for emancipation. Advertising also works with traditional female roles, using them as a means by which to draw the attention of a target group. The question of equality for men and women is still considered to be chiefly a women’s problem.

75. The Research Institute for Labour and Social Affairs, which was established by the Ministry of Labour and Social Affairs, is engaged in ongoing research into the family and status of women. In 2000, it produced an analysis of differences in men and women’s earnings. The research provided an extensive, gender-classified analysis of men and women’s earnings, but due to the lack of available and suitable statistical data it failed to identify the degree to which discriminating factors are responsible for the almost 25 % difference in men and women’s earnings (to the detriment of women)^[27].

76. The Research Institute for Labour and Social Affairs continued with this analysis in 2003, producing a research project entitled Creating an information base to analyse the factors influencing differences in men and women’s earnings and to model (forecast) these differences. The aim of the research is to stipulate indicators and a system by which to monitor the factors that influence the differential level for men and women’s remuneration, and to obtain data on the causes. The data gathered will then be used to select the appropriate solutions and better monitor the trends in the development of equal remuneration.

77. The Act on Advertising Regulation (No. 40/1995 Coll.) does not allow advertising to violate good morals; in particular it may not contain any discrimination on grounds of sex.

Educational and training programs

78. The Committee (point 88) recommends strengthening training and educational programs, particularly for judges, lawyers and members of penal bodies.

79. Under the document Rules for the training of employees in administrative authorities and the Office of the Government of the Czech Republic, the training of state employees, as well as of other employees in administrative authorities, is the responsibility of the Institute of State Administration. The Institute is subordinate to the Office of the Government. Training in human rights with regard to equal opportunity is part of the universal training block which forms part of entry training and is also part of the ongoing training program.

80. Training employees in human rights, including the question of equality for men and women, also forms part of the training of employees in public administration. In conformity with the Priorities program^[28], most Ministries have already undertaken at least basic training in human rights with regard to equal opportunities for men and women, including the gender mainstreaming method.

81. In its departmental priorities for the implementation of equality for men and women, the Ministry of Labour and Social Affairs has expanded the program to include an extra task^[29] and developed two training modules for equal opportunities. The first was called Paths to equal opportunities for men and women in the labour market and was intended for the heads of departments in employment offices for selecting careers. In 2003 it was incorporated in the professional training system for employment office employees. The second module is called Priorities and procedures in realising equality for men and women at the Ministry of Labour and Social Affairs and as a seminar was included in the professional training system for Ministry employees. The basic training in the subject has taken place^[30].

82. When promoting the army the Ministry of Defence shows women in less common situations, as active individuals. The army is becoming ever more open to women, including in what previously were typically male professions, such as pilots and surveyor.

83. In police training, the question of equality for men and women has been included since 2001 in the Concept for the life-long mandatory training of officers and employees of the Police of the Czech republic and the Ministry of the Interior. Tuition forms part of elementary specialist training, which lasts from 6 to 12 months for new police officers, and other specialist training which is intended chiefly to add further specialist requirements to service in a specific, systematized position.

84. With the aim of training about 350 managerial and planning staff, the Ministry of the Interior has held training programs since 2003 focusing on the realisation of gender equality. The training comprises two parts: (1) the fundamental principle of equal opportunity for men and women in society, the application of the principles of equal opportunities in decision-making activities in the Ministry of the Interior, and (2) special surviving stereotypes in thinking about the role of men and women, work remit, realisation.

Measures for the proper appreciation of motherhood as a social function and recognition of men’s joint responsibility (letter b)

Legislative measures

85. Conditions allowing men to share child-care responsibilities are contained both in labour-law legislation (e.g. parental leave, flexible working hours) and in family allowances (for more detail see Article 11 (2) c). Since in the overwhelming majority of cases (98-99 %) it is women who draw the parental contribution, it may be said that measures to bring about equality in the status of men and women regarding child-care, which were adopted as part of the system of family allowances, have not yet encountered an adequate response in real family life. Where allowances are based upon an assessment of the family as a whole it is immaterial which family member requests the allowance, and monitoring of whether it is requested by a man or a woman has no relevance with regard to responsibility for child-care. The situation is different for the parental contribution, which belongs to that parent who actually cares for the children^[31]. A parent is entitled to a parental contribution for the period that he or she is not gainfully employed, or his or her employment is limited due to child-care responsibilities for a child up to 4 or 7 years of age. The parental contribution belongs to that parent who on a full, daily basis personally and properly cares for a child up to 4 years of age (in the case of a child with long-term health problems, up to 7 years of age), which is not placed in a nursery school, kindergarten or other pre-school facility for more than 5 calendar days in a month.

86. At present (August 2003), the Sociological Institute of the Academy of Sciences of the Czech Republic is conducting research entitled Supporting men’s use of parental leave^[32]. Its present results show that within the family the mother remains in the dominant position when it comes to rearing children, despite the increase in situations where, more frequently than before, both parents take equal shares in their children’s upbringing. The entire population still strongly perceives the mother’s role as that of a carer. Women themselves perceive the significance of their role and hold to it. The man is then seen chiefly in the role of the provider, even if a large part of the population is willing to admit that men may be capable of caring for small children. Nevertheless, the population’s position on parental roles differs markedly according to age and education. The categories of married people and people living with a partner are more willing to acknowledge the caring dimension in a father’s role than others. Their position is either supported by experience, or reflects a desire for change. One of the proposals contained in the measure that resulted from the research is the recommendation to promote a model of fatherly behaviour – a model of shared parenthood together with a model of equal division of housework. The campaign should be construed as a “wider” campaign for equal opportunities for both sexes, i.e. for equal opportunities not only in the family but also in the labour market. It would also be appropriate to run a campaign to influence male identity, or the formation of those qualities in men that relate to caring for others.

87. In accordance with the Priorities^[33], the question of equal opportunities for both parents in caring for children is addressed as part of the preparation for the testing of specialist competence for employees of bodies dealing with the socio-legal protection of children, particularly in relation to conflicting guardianship claims in proceedings concerning a child’s upbringing. The aforementioned question also forms part of the methodological seminars that the Ministry of Labour and Social Affairs organises for employees of the regional authorities.

Article 6

Prostitution and human trafficking

88. Measures to eliminate trafficking in women and children, which were adopted in conformity with the recommendations (point 98), are specified below.

89. The Czech Republic is not only a country of origin and of transit, in recent times it has also become a target country for victims. The government thus places great significance on eliminating the trafficking in women. Ministry of the Interior Instruction No. 11 of 8 February 2001 established an advisory commission to address the matter of trafficking with women and the commercial abuse of children. The Ministry’s advisory body is composed of representatives of state administration (ministries, the police force), local government and independent, non-profit organizations.

90. In June 2000, the founding meeting of the Ministry of the Interior’s advisory commission was held under the working title Round Table. The meeting dealt with the question of trafficking in women and the commercial sexual abuse of children. The meeting held preparatory discussions on the implementation of the UN project Preventing human trafficking and strengthening the role of bodies active in criminal proceedings. The participants of another working meeting, held 16 February in Chemnitz in Germany, agreed to set up a trilateral working group at Ministry of Interior level with representatives from Germany, Poland and the Czech Republic in order to resolve the problems of cross-border prostitution, sexual tourism and human trafficking.

91. For the Czech Republic, human trafficking is a relatively new phenomenon. During the 1990s, the Czech Republic’s status as a source for human trafficking fell gradually and instead it is slowly becoming an attractive target country. Trafficking in women and organised prostitution is chiefly the work of Russian-speaking and Bulgarian groups, who are active throughout the Czech Republic, although primarily on the German and Austrian borders and in Prague. The Czech Police Force has recently recorded an increase in the numbers of women from Eastern Europe (the Ukraine, Moldavia, Russia, Bulgaria and Romania), as well as from Vietnam and China, who are forced into prostitution in the Czech Republic or transported through the Czech Republic to Western Europe.

Specialist training for border police in identifying the victims of human trafficking

92. New training and education programs for members of the Czech Police Force are regularly introduced. A graduate profile is currently being prepared for a newly-conceived basic specialist training (introductory training), with a theoretical duration of 12 months at the Ministry of the Interior’s middle police school, followed by practice at the Police Training Centre lasting 6 months. Pilot tests are expected to take place from September 2004.

93. The basic specialist training for members of the border police includes learning how to recognise the victims of trafficking in women and children and providing support for such victims^[34].

94. In conjunction with the foreign and border police, the Department for the Detection of Organized Crime^[35], the respective Hygiene station and the Trades Licensing Office, the Police carry out preventive inspections in erotic clubs (suspects, juveniles, foreign women without documents, forced prostitution). In the region of North Bohemia the Police have previously tried to draw attention to the uncertified construction and extension of nightclubs (particularly to “windows”) but came up against a lax approach on the part of the construction administrations.

95. The actual number of criminals involved in human trafficking (under section 246 of the Criminal Code) is difficult to monitor in police statistics, due to the fact that human trafficking is prosecuted according to a range of other provisions in the Criminal Code, such as the crime of procuring, abduction, trafficking with children, the crime of harming someone’s health, blackmail, limiting personal freedom, depriving someone of their personal freedom, kidnapping abroad etc.

Table 7: Survey of criminals involved in human trafficking, procuring, abduction, trafficking with children, the crime of harming someone’s health, blackmail, limiting personal freedom, depriving someone of their personal freedom, kidnapping abroad etc. 1999 – 2003 (see Annex)

Information on the UN project

96. November 2002 in the Czech Republic saw the official launch of the Project for the prevention, elimination and prosecution of human trafficking, particularly in women and children (hereinafter only the Project). The Project was proposed for the Czech Republic and Poland as part of the Global Program for the Fight against Human Trafficking by the Centre for International Crime Prevention at the UN Office for Drug Control and Crime Prevention. The Ministry of the Interior is the project guarantor on behalf of the Czech Republic. The program’s aim is among other things to gather data on human trafficking in the Czech Republic, evaluate the effectiveness of measures adopted and assess the level of institutional cooperation in countries of origin and transit and target countries. The resulting data will be used to prepare a proposal for an effective system to protect victims/witnesses of human trafficking in the Czech Republic. The system’s application is expected to improve prevention, investigation and prosecution of this criminal activity. The Project should also comprise a comparison of the Protocol on Prevention with current national legislation and subsequently provide an assessment of the Czech Republic’s readiness to ratify the Protocol. At present, several projects have been implemented under the auspices of the UN Project^[36].

Government activities

97. Human trafficking questions were prominent in the amendment (Act No. 134/2002 Coll.) to the Criminal Code (No. 140/1961 Coll.). The amendment changed the definition for the case merit of the crime of trafficking in women. The new definition introduces the term “human trafficking for the purpose of sexual relations” and criminalizes it regardless of whether the victims of trafficking are women, men or children. Compared with previous legislation, which only covered trafficking from the Czech Republic to abroad, the new definition criminalizes trafficking both to and from abroad. It does not, however, address human trafficking within the Czech Republic. The existing definition only criminalizes trafficking for the purpose of sexual relations and thus does not address trafficking for other purposes, such as forced labour, slavery, practices similar to slavery or the removal of organs. The definition therefore does not conform to the internationally recognised definition of human trafficking as contained in the Protocol on Trafficking.

98. In September 2003, the government approved the National Strategy for the Fight against Human Trafficking for Sexual Exploitation in the Czech Republic^[37]. The document is the first comprehensive material on human trafficking to have been adopted at governmental level and contains a report on the human trafficking situation in the Czech Republic and a list of measures that the government should implement in this sphere. It also includes a program entitled Model for the Support and Protection of Victims of Human Trafficking, which is being tested experimentally as part of the Project from March 2003 to May 2004.^[38]

99. In 2002, the Institute for Criminology and Social Prevention continued with its long-term criminological research, focusing chiefly on domestic violence, research into juvenile delinquents and the question of human trafficking. Research into domestic violence was completed at the end of 2002; a study emanating from the research was subsequently published and a seminar organized. A new research phase for domestic violence will get under way in 2004. At present the concluding report is being finished for research already carried out, to be completed by April 2004. The Institute also compiled a study into available specialist sources and performed an analysis of criminal records relating to the crime of human trafficking.

100. Statistics from the courts and public prosecutors relating to the crime of human trafficking (section 246 of the Criminal Code) make it possible to determine the number of criminals involved in the trafficking of women (people over the age of 18), although they do not monitor whether for prostitution purposes they are trafficked to or from abroad.

101. Trafficking in girls (people under the age of 18) is prosecuted under section 216a of the Criminal Code – trafficking with children. The Criminal Code allows for the culprit to be prosecuted for both offences at the same time.

Table 8

Support for independent, non-profit organizations

102. The independent, non-profit organization La Strada Česká republika focuses exclusively on the problem of trafficking in women. The organization pursues its objective through a multi-disciplinary approach concentrating on three areas: information and lobbying, prevention and education and social assistance for trafficked women. In the latter sphere of social assistance the organization has long been the recipient of subsidies from the Ministry of Labour and Social Affairs. Other cooperation is underway with the Ministry of the Interior in implementing the Model for the Support and Protection of Victims of Human Trafficking for Sexual Exploitation in the Czech Republic, which forms part of the National Strategy for the Fight against Human Trafficking for Sexual Exploitation in the Czech Republic, which received government approval in September 2003.

Changes and developments in prostitution (description of the prostitution scene)

103. Precise numbers for prostitutes are impossible to determine due to the fact that prostitution is not recorded. Nevertheless, no major changes have been observed in the incidence of prostitution. Police information shows that the number of street-prostitutes is falling slightly and that their activities are shifting to nightclubs and erotic clubs. An entirely new phenomenon is the occurrence of “windows”, where scantily dressed women are exhibited and offered to potential clients as goods. An act to regulate prostitution is currently being drafted and its chief objectives will include:

- distinguishing legal and illegal prostitution and thereby minimising the number of people that are forced into prostitution;

- creating the possibility to protect people at risk of abuse and trafficking for sexual exploitation;

- stipulating the conditions under which prostitution may be performed;

- stipulating the rules for running prostitution in publicly accessible places and in buildings and places intended for such purpose;

- eliminating breaches of public order in relation to the performance of prostitution;

- prohibiting the performance of prostitution for persons under the age of 18;

- limiting criminal and other unlawful activity relating to prostitution (human trafficking, undermining the moral upbringing of the young, procuring, illicit production and possession of narcotic and psychotropic drugs and poisons etc.).

104. Also problematic is the difficulty involved in distinguishing voluntary from forced prostitution, caused by the reluctance of prostitutes, for a variety of reasons, to communicate with the Police (fear of pimps, fear that they will be accused of breaking the law etc.).

105. The suspicion that the sex industry is involved in human trafficking is supported by the fact that prostitutes often alternate in clubs. This proves that the activity is organised on the part of pimps and traffickers, who are responding to demand, but also to the threat of detection where one trafficked person remains for a long time in one place.

106. The number of prostitutes in clubs in individual regions is impossible to determine exactly, although rough estimates can be supplied: West Bohemian region: Carlsbad (40-70), Cheb (450), Sokolov (40), Tachov (50-60), Domažlice (280), Pilsen (200), Klatovy (138). According to its size, a club can have from 2 to 30 girls/women, North Bohemian region: total of 360 - 600 girls; clubs have from 3-5 girls/women, South Bohemian region: 1021 girls/women, with an increase in the number of foreign women. There is not total figure for the North Moravian region, in Olomouc, for example, there are 64 girls/women, with 3-17 per club, although these are not permanent employees. In the East Bohemian region there are 108 girls/women, although their number fluctuates according to demand. The South Moravian region has 594, with from 2 to 40 girls/women per club.

107. The preparation of the National Strategy for the Fight against Human Trafficking for Sexual Exploitation included investigations by police bodies intended to ascertain prostitution trends and related phenomena^[39]. Most attention was devoted to street prostitution and prostitution in nightclubs and erotic clubs. All other forms of prostitution are far more difficult to chart.

a) Street prostitution

108. The street prostitution scene in the Czech Republic is not homogenous and is variable. It occurs in practically all regions of the Czech Republic. The highest incidence is in the regions of West Bohemia, South Moravia and North Bohemia and in the capital city of Prague. In other regions prostitution occurs in certain districts; in the region of East Bohemia it is practically non-existent.

109. There is practically no control of the street prostitution scene. With almost no exception prostitutes are run by pimps. Many of these women are undoubtedly trafficked not only from abroad to the Czech Republic and vice versa but also within the Czech Republic itself. Prostitutes come from an ever-widening range of countries. The range of services that they offer is also increasing.

110. Prices for street prostitution services are relatively uniform, ranging from 10 to 70 EURO depending on the region, service and prostitute’s country of origin. Women from Eastern Europe provide their “services” for lower prices than the average.

Prostitution in erotic clubs

111. In addition to women with Czech nationality, erotic clubs also employ a high percentage of foreign women. Some nightclubs are ethnically homogenous and specialize in girls/women from specific regions or countries.

112. The number of erotic clubs in individual regions fluctuates mildly. The nationality of girls/women providing sexual services in clubs differs slightly from region to region^[40]. In comparison with 1999, the number of erotic clubs is essentially the same (880 in 2003 and 846 in 2002).

113. Numbers of prostitutes are impossible to record as they are only registered in individual police stations as victims of trafficking or as perpetrators of criminal acts. Neither can a precise figure be given for erotic clubs as a large number function covertly as bars etc. The following data are only an estimate as adequate and precise information is impossible to obtain from the criminal environment.

Table 9: Approximate number of prostitutes in erotic clubs by region

114. Prices also differ on a regional basis, ranging from 17 to 330 EURO depending on the region, service and nationality.

115. In addition to street prostitution and prostitution in clubs, many regions (particularly Prague, South Bohemia and North Moravia) report ever increasing levels of so-called hotel and apartment prostitution and prostitution in the form of “escort services”, where prostitutes are brought to apartments, pensions and hotels according to the client’s previous order.

Police activities and measures

116. Under Police President Binding Order No. 17/1998^[41] the Department for the Detection of Organized Crime monitors, methodologically influences, professionally regulates, inspects and is responsible for solving cases of human trafficking and the identification of offenders. These are mostly cases which demonstrably involve organized crime and cases of human trafficking with an international element. Other police departments are obliged to immediately inform the Department for the Detection of Organized Crime of the occurrence of human trafficking or suspicion thereof^[42].

117. A series of measures have been introduced by regional forces of the Czech Police and some municipalities to counter street prostitution, although these are of little effect and are short-term.^[43] In West Bohemia prostitution has been forced into the peripheries of towns and the number of street prostitutes has been reduced. These, however, move to clubs, where they enjoy better conditions and earnings. In North Bohemia, city and municipal decrees mean that local police and district departments of the Czech Police bring prostitutes in and fine them up to CZK 10,000 under the Misdemeanours Act. The fines, however, are practically unenforceable. The Clean-Up preventive action, involving constant supervision of problem areas by police patrols, has had partial success, although it has been disproportionately expensive. The Central Bohemian region conducts frequent controls according to records of criminal activity, although this is not particularly effective. In South Bohemia attempts are being made to improve the situation through the regular exchange of information with the criminal investigation police in Austria and Germany.

Article 7

118. No significant changes occurred in areas under Article 7a during the monitored period.

Participation in the formation and implementation of state policy and the performance of public functions (letter b)

119. Women’s representation in Parliament and the Government remains low. The following tables give the representation in percentage terms of women in elections for Parliament and the representative bodies of self-governing units during the monitored period^[44].

Table 10: Women in representative bodies – according to election results from 1994

Elections to the Chamber of Deputies of the Parliament of the Czech Republic

120. Following the expiry of the electoral term for which members of parliament were elected in 1998 to the Chamber of Deputies, the President of the Republic announced ordinary elections in 2002 for the Chamber of Deputies. The elections were also held in the Czech Republic’s embassies and general consulates abroad.

Table 11: Elections to the Chamber of Deputies of Parliament 2002

Table 12: Elections to the Chamber of Deputies of Parliament 2002

Elections to the Senate of the Parliament of the Czech Republic

121. In 2000, senate elections were held for a further six-year term in 27 electoral districts. The districts concerned were represented by senators who had been elected in 1996 and whose initial electoral term of four years had expired. At the same time, elections were held for regional councils of the Czech Republic and municipalities.

Table 13: Elections to the Senate of Parliament in 2000 – structure of candidates according to sex

Table 14: Elections to the Senate of the Parliament in 2000 – structure of elected senators according to sex

Table 15: Elections to the Senate of Parliament in 2002 – structure of candidates for senator according to sex

Table 16: Elections to the Senate of Parliament in 2002 – structure of representatives according to sex

122. In 2003, additional elections were held to the Senate of the Parliament of the Czech Republic. The additional elections were held in two electoral districts and in both cases concerned the end of a senator’s mandate due to their being appointed constitutional judges.

Table 17: Structure of candidates for senator according to sex – additional elections to the Senate of Parliament in 2003

No woman was elected a senator.

Elections to regional councils in 2000

123. In 2000 elections were held for the first time to regional councils

Table 18: Women in regional representative bodies according to election results in 2000

Elections to municipal councils

124. In 2002, term of office expired for members of municipal councils elected in ordinary elections in 1998 and in all subsequent repeated, additional and new elections. In 2002, further ordinary elections took place in which new councils were elected for municipalities, cities city boroughs and city districts for a further electoral term (2002-2006).

Table 19: Elections to municipal councils in 2002 – structure of candidates according to sex

Table 20: Elections to municipal councils in 2002 – structure of representatives according to sex

125. Under the Act on the Protection of Personal Data (No. 101/2000 Coll.) it is not permitted to monitor nationality; it is consequently not possible to provide precise data on Roma women’s participation in decision-making processes. Nevertheless, at present many Roma women are active as advisors in state administration and self-administration departments, many of them working as assistant educational advisors in elementary schools in areas with a high percentage of Roma population. Such women are also employed in Roma advice centres or Roma civic associations. Roma women are beginning to occupy positions as directors of nursery schools, and in a few cases also elementary schools.

126. By decision of the government, employment positions were created in the former district authorities for the function of Roma assistant and Roma advisor. For example, in the South Bohemia region seven positions of Roma advisor were created. Of these seven employees, three were female advisors. Furthermore, the South Bohemia region also employed five Roma assistants in preparatory classes for elementary and special schools. Following the dissolution of the district authorities, the obligation to set up the position of Roma advisor was not transferred to the municipal authorities, thus resulting in the existence of only one female Roma advisor in the South Bohemia region. Two Roma women occupy the position of “Roma advisor” in municipal authorities with expanded powers in the Moravia-Silesia region; social field work in Roma communities is performed by 13 employees, of which seven Roma women work as educators – assistant teachers in a variety of schools.

Women’s participation in non-governmental organizations and associations (letter c)

127. Under the government program Priorities^[45], a wide range of ministries cooperate with independent, non-profit organizations involved in the status of women and equality between men and women. The executive’s cooperation with these non-governmental organizations is at a fairly good level, although the intensity of cooperation varies from ministry to ministry. All ministries continue to intensify the cooperation that began in previous years. The deepest links are with organizations with specific agendas in areas of public interest, e.g. protecting women against violence, providing care for single mothers with children or in the field of human trafficking.

128. Ministries also cooperate with organizations when training their employees in equal opportunities for men and women. More intensive examples of cooperation exist such as the preparation and realisation of seminars, e.g. the joint activity of the Ministry of Agriculture and the Czech Women’s Association – the international seminar Countrywoman.

129. The objective of the program entitled Comprehensive support program for the prevention of crime at a local level is to prevent criminal activity through state-supported projects. In 2002, 88 towns were included in the program; the organisers are in many cases also independent, non-profit organizations working in socially disadvantaged or risk categories, including girls and women in crisis situations. In 2003, 90 towns were supported. During the program the Ministry of the Interior also supported projects focusing on support for advice centres for women, crisis accommodation for women in need and programs against violence inflicted on women.

130. In 2002, the Ministry of Health provided grants totalling CZK 2,480,080 for the following projects: the White Circle of Safety received CZK 830,080 for recovery stays for the victims of violent crime, for publishing activity and advisory activity, the Society for the Protection of Unborn Life received CZK 1,650,000 for the running of its centres in 16 towns in the Czech Republic. This association provides help to women and very young girls in situations of unwanted pregnancy. It is, however, extremely difficult to specify their quantitative effect, partly due to the fact that advisory services are also provided anonymously. Likewise, in the case of publications and lectures, their efficacy can only be estimated from the print runs of publications or the number of lectures.

131. The aim of the Ministry of Industry and Trade’s cooperation with women’s associations^[46] is to support the development of women’s activity in industry, trade and services, particularly in areas with high levels of unemployment. The Ministry provides associations with topical information on support schemes for business in the Czech Republic, on possibilities of foreign assistance, surveys of state programs, statistical data for small and medium-sized businesses etc. Under the Consultancy program, the Association of Women Entrepreneurs and Managers received 73 cases of assistance from grants for services totalling CZK 81,400.

132. Independent, non-profit women’s organizations are also involved in the distribution of publications issued by the Ministry of Labour and Social Affairs. The Ministry also works with non-governmental organizations in organizing conferences or seminars on the question of gender equality. Its representatives also attend a variety of seminars, conferences and other events organized by independent organizations. The Ministry of Labour and Social Affairs provides grants for social services such as asylum houses, crisis centres and social crisis counselling. The size of the grants is difficult to determine precisely as many independent, non-profit organizations which have received grants are not involved exclusively in helping women in crisis situations but rather all people (including men) in difficult life situations. Representatives of the non-profit sector are members of the Ministry’s selection commission for the allocation of grants for research and development in the field of equality for men and women and are also involved in joint decision making on the allocation of grants. Female representatives of non-profit organizations are also members of the steering committee for the PHARE twinning project Improving the public institutional mechanism for the creation, encouragement and supervision of the implementation of equal opportunities for men and women (see point 21).

Article 8

133. There were no changes during the monitored period.

Article 9

134. There were no changes during the monitored period.

Article 10

135. There were no changes in areas under letters b, d, f, and g.

Equal conditions for selecting employees and professions, study access in all types of specialist training (letter a)

136. The Czech Republic does not distinguish according to sex or other grounds for enrolment into the education system, including courses as part of lifelong learning. When accepting students, schools and other educational facilities proceed according to previously specified criteria which are valid for all applicants without exception. The situation with regard to the education of Roma girls/women is not recorded separately within the Ministry of Education. Most Roma women have completed elementary education^[47] and the overall literacy level of the Roma population is growing. Many Roma girls and women have begun to study in middle schools^[48], and there are several dozen at university. This social change can be seen to have begun at the beginning of the 1990s. Certain non-governmental organizations are preparing studies on the subject of Roma women’s education and their status in the family. The results are not yet available.

137. All study and educational disciplines are accessible to boys and girls. Girls, however, often do not register for disciplines that have traditionally been studied by boys.

138. In order to achieve the equal participation of girls in technical disciplines, the Ministry of Education, Youth and Physical Education (hereinafter only the Ministry of Education) adopted the following measures:

- the Czech School Inspection monitors whether girls and women are discriminated during school enrolment proceedings and whether school management fulfils hygiene and safety conditions for their attendance in all disciplines taught;

- in order to improve women’s employment chances, the Ministry of Education has established 22 new education programs, some of which can be completed by means of individual activity^[49];

- the matter has been incorporated in the training of future teachers and teaching staff and their future education;

- teachers and other staff who are responsible for career advice in elementary schools devote greater attention to girls with individual skills and interest in technical careers;

- specialist departments in the Ministry of Education take part in international EU research programs on this matter; international cooperation also includes an MoE representative’s membership of a Helsinki Group working group, set up by the European Commission’s directorate for science to address the question of women in science, research and other education;

- women’s access to technical education and communications technology is considered in all projects guaranteed by the Ministry of Education.

Table 21: Number of girls in different types of school during the monitored period 1999-2003 see annex

139. The transfer of certain items, rights and obligations from the property of the Czech Republic to the property of the regions during 2001 meant that many competences regarding elementary and middle schools and technical colleges passed to the regions. The Ministry of Education’s powers to bring about changes requiring the participation and means of another organizer are limited.

Eliminating all stereotypes in the perception of male and female roles (letter c)

140. In fulfilling the Priorities program^[50], the Czech Republic takes measures to implement cultural changes regarding the roles ascribed to women and men, as required by the Committee in its recommendations (point 104).

141. The Ministry of Education is responsible for the training of school career advisors. In 2002, for example, a course for advisors was held which had been organized by the Institute of Pedagogic-Psychological Consultancy with the title Multiculturalism and Equal Opportunities. The course lasted 40 hours and originated as part of the project “Qualitative analysis of the family systems of different ethnic groups living in the Czech Republic”.^[51]

142. Cooperation between the Ministry of Education and the Pedagogic Centres resulted in a three-day course entitled Media education in middle school and technical education, which was accredited. The Institute of Pedagogic-Psychological Consultancy prepared and published Multiculturalism and Equal Opportunities in Czech Schools.

143. In conjunction with the Pedagogic Centres^[52] the Ministry of Education prepared and accredited an educational program on equal opportunities for men and women for pedagogic employees – the project “Media education in middle school and technical education”.

144. In 1998, the Czech Statistical Office Measure of 16 June 1998 introduced the Classification of Fundamental Educational Disciplines. This covers discipline categories that, although they differ by name, specific concept objectives, degree of education provided, education, organization of education and its content, their graduates are prepared for work in the same or similar area of human activity. The fundamental disciplines are conceived in line with the specialist training system in EU countries and ensures international comparison. The classification’s objective is to be able to organize, integrate and classify educational disciplines (educational programs or study programs). A register is thus created where existing and new disciplines (educational programs or study programs) are allocated to specific disciplines. The classification includes disciplines from universities, high and middle schools, including special schools.

145. All current changes emanating from differentiation in the new classification of fundamental disciplines and new educational disciplines have been incorporated into the System of study and teaching disciplines. The new System of study and teaching disciplines issued by Ministry of Education decree^[53] has been in force since June 2003.

146. Up to 31 December 2004, the Ministry of Education is performing an analysis of teaching systems, text books and teaching aids; on the basis thereof it will asses how these systems help to form and perpetuate stereotypes and prejudices. The analysis should cover all school levels and types of education, including the training of future teachers and teaching staff and teachers’ further education.

147. The topic of equal opportunities is incorporated in teaching documents and is taken into account when reviewing textbooks and other teaching materials. The Ministry of Education allocates an approval note to textbooks for elementary education, which enables schools to buy the books from a state subsidy. In accordance with the Ministry of Education’s instruction for the approval of textbooks, these are assessed for compliance with the Constitution, laws, the Standard of Elementary Education and the relevant educational program. The question of equality for men and women is considered in the context of all other human rights and civil rights matters. The Ministry grants the approval note for textbooks upon the publisher’s application and following an expert assessment by independent examiners. The Ministry maintains a list of such examiners. The selection and purchase of teaching materials is fully the responsibility of the relevant schools. The fitness and expedience of schools’ procedures in purchasing and using teaching materials is assessed and vetted by the Czech School Inspection.

148. Schools may also use other textbooks and books than those which bear an approval note. The Ministry of Education maintains a list of textbooks with approval note, which is published in the Ministry’s Bulletin and regularly updated. If stereotypes regarding male/female social roles occur in textbooks these are chiefly career stereotypes, due to long experience of careers being divided into “predominantly male” and “predominantly female” categories. This also applies to the division of roles in the family, which are often described in more or less stereotypical ways.

149. The Priorities program for 2003 required the Ministry of Education to perform an analysis of teaching systems, textbooks and teaching aids in the sense of how they contribute to creating and reproducing gender-based stereotypes and prejudices. The analysis was performed for all school levels and types of education, including the training of future teachers and teaching staff and their further education. The analysis could not be performed in its full scope due to its demanding nature and the need for cooperation between several specialist institutes. At present, the Pedagogical Research Institute has performed an analysis of educational programs for elementary and gymnasium education. Recommendations have been issued on how such programs should be expanded and what should remain an integral part of new Framework Education Programs. This matter is also taken into account in the framework education programs^[54].

150. The following data (table) show that hierarchies are also created between male and female employees in science and research. Female researchers are fewer in number and are concentrated in auxiliary positions. An increase of more than 20 % in technical sciences in the representation of female researches and other female employees is significant. The distribution is also interesting for the fact that the representation of female researches is lowest in the technical sciences, which employ the majority of research staff, both male and female. It is also an area that enjoys relatively high prestige and an image of demanding work. The correlation between the high representation of male researches, the high proportion of research staff and prestige is obvious.

Table 22: Research employees and development by sector and employment in FTE (converted number of employees) in 1999, 2000

*The proportion of women has been monitored since 2000.

Source: Science and research indicators for 2001, CSO, 2002.Research and development indicators for 2000, CSO, 2001.

Table 23: Research employees and development by sector and employment in FTE (converted number of employees) in 2001, 2002

Source: Science and research indicators for 2001, CSOÚ, 2002. Science and Research indicators for 2002, CSO, 2003.

Equal opportunities for access to further research programs (letter e)

151. Due to the fact that, as elsewhere, women in the Czech Republic have a longer lifespan than men, more women (around two-thirds of participants) take part in education for older members of the population (seniors). This generally concerns interest-based education, chiefly organised by public universities such as the University of the Third Age, which provides education in selected interest areas. Study of this kind commonly takes from two to four semesters. Clubs comprising graduates from the University of the Third Age also organise further education at their own initiative. Seniors‘ academies also exist, organised for example by the Life 90 civic association or as part of courses given by individual schools and courses organised by a variety of educational organizations.

Table 24: Education for men and women of pre-pension age (in % per 1000 women/men aged 50-59)

Recalculation up to 100% - not determined.

Source: CSO, Focus on women, focus on men, 2002.

Table 25: Education for men and women of pensioner age (in % per 1000 women/men aged 60 and over)

Recalculation up to100% - not calculated.

Source: CSO, Focus on women, focus on men, 2002.

Access to educational information helping to safeguard family health and welfare (letter h)

152. Teaching designed to encourage responsible sexual behaviour forms part of the Framework Program for Pre-School Education, the Elementary Education Standard and all education programs for elementary and middle education. The teaching of responsible sexual behaviour will also be incorporated in the framework education programs for elementary education that are currently being prepared. This is the task of the Pedagogical Research Institute^[55]. The anticipated completion date is June 2004. The Framework Education Program will be binding for the first year of elementary schools from 2006 and for all years of elementary school from 2010.

153. The national health program, including the long-term program to improve the health of the population of the Czech Republic Health for all in the 21st century, also addresses the question of reducing the number of unwanted pregnancies among teenage girls by focusing on educational support in the prevention of risky behaviour and ensuring appropriate contraceptive methods. The teaching forms and methods are the responsibility of the teacher of the relevant subject. The theme itself is taught in a scope commensurate to the age of pupils; it is mandatory in health education.

154. The society for family planning and sex education is a non-governmental, non-profit organization concerned with the subject of reproduction health. In 2001 and 2002, the society’s programs focused chiefly on the task outlined in the WHO document From abortion to contraception, covering the prevention of unwanted pregnancies. It also concentrates on the prevention of sexually transmitted diseases. The programs include discussion forums and lectures for middle school and apprentice pupils. In conjunction with the Ministry of Education it organises specialist seminars for teachers throughout the Czech Republic. Every year it organises a national congress on sex education.

155. In the most extensive education program Elementary School, sex education forms part of family education. School directors are responsible for the actual realisation of the education program. In addition to theoretical information, the curriculum focuses ever more on learning communication techniques, appropriate arguments, behaviour and decision making with a view to good health, both in theoretical situations and in school daily life and family and out-of-school activities. The content is designed jointly for boys and girls. Certain aspects of the curriculum can be taught separately (e.g. the intimate hygiene of girls and boys, contraceptive methods etc.).

Article 11

Measures to eliminate discrimination against women in employment (paragraph 1)

156. There were no changes in areas covered by letters a) and c) during the monitored period.

157. The Committee (point 100) requires the adoption of measures to ensure de facto equal opportunities for men and women in the labour market. The Committee presents a number of proposed measures to achieve this objective. The following is a list of the measures adopted by the Czech Republic.

Rights to equal opportunities in employment, including the application of the same criteria of selection in employment (letter b)

158. The Priorities program gave all ministries the long-term task of actively supporting through concrete measures the selection of the appropriate candidates for positions in government bodies and for managerial positions, both in ministries and in the authorities and institutions under their control. In 2003, this task was expanded to include “the adoption of concrete measures to achieve the balanced representation of men and women in managerial positions and work collectives”. This means that ministries should focus on increasing the proportion of the numerically inferior sex in managerial positions at the relevant level, e.g. as part of their human resources development plan. The aim should be to achieve balanced work collectives where the members of one sex will, within a certain period, make up at least 30 % of people in the relevant function, while taking into account the specific requirements of individual ministries. There is still resistance to introducing any form of positive action. More than half of ministries have not adopted any specific measures to achieve a balanced representation of men and women in managerial positions and work collectives.

159. The Ministry of Industry and Trade began an organizational and personnel audit, whose results will be incorporated in the proposal for a new organizational structure as of 1 January 2005. The audit will include a new gender analysis. At present, (February 2004), the gender principle’s inclusion in the wording of the collective bargaining agreement for 2003 is being prepared.

160. In 2003, the Ministry of Information Technology adopted an internal regulation – Internal Ministerial Notice, under which the balanced representation of men and women should be systematically ensured in the recruitment of personnel and selection for managerial positions.

161. The Minister of Defence issued an internal normative act – Order of the Ministry of Defence entitled Promoting the principle of equality for men and women working for the Ministry of Defence^[56] This guarantees women – female professional soldiers the same course of service as men, with the exceptions stated by law, the so-called special features of women’s service.

Table 26: Women’s participation in decision-making procedures of managerial positions in ministries as at 31 December 2000

1) incl. directors of offices 2) incl. representatives of dept. managers 3) incl. the General Staff

4) ministry did not offer data 5 )includes state companies, companies in liquidation, budget and contributory organizations.

Table 27: Women’s participation in decision-making procedures of managerial functions in ministries as at 31 December 2001

1) including senior managers

2) including the General Staff

3) includes state companies, companies in liquidation, budget and contributory organizations.

Table 28: Women’s participation in decision-making procedures of managerial positions in ministries as at 31 December 2002

1 – incl. the General Staff; 2 – includes state companies, companies in liquidation, budget and contributory organizations.

Note: the senior office director is given in the column "deputy minister", if subordinate directly to the minister; the senior office director is given in the column "dept. manager", if subordinate to the deputy minister.

Measures of state administration

162. When recruiting women for managerial positions ministries apply the principle of objective criteria, such as level of education, specialist experience etc. A trend can be seen whereby the number of women is rising in lower decision-making positions (section managers); however, in higher such positions (department director, ministerial deputy) the number of women is falling.

163. The Ministry of Defence incorporated the principle of equal access for men and women and equal treatment in the Order of the Minister of Defence Promoting the principle of equality for men and women working for the Ministry of Defence, which was issued with effect from 4 August 2002. A gender analysis performed as at 31 December 2002 in the Ministry of Defence showed that, despite the Ministry’s specific requirements, there was a natural increase in the number of women in managerial systemised positions, including in specialised systemised positions, both in a service and an employment relationship, including a rise in the number of women in work collectives generally. See the following table.

Table 29: Women’s representation in the Army of the Czech Republic before and after the Order’s issue

164. As at 31 December 2002, the Ministry of Defence, including the General Staff of the Army of the Czech Republic, saw an increase of 2 % against 2001 in the number of women in the position of senior manager and department director, while women’s representation rose from 4.8 % to 9.1 % in the position of section manager and from 31.6 % to 51 % for other specialist positions. The occupancy of managerial systemised positions in a service relationship in the Army as at 31 December 2002 was positive in this regard.

165. Research was performed on the role and employment of women in the Army of the Czech Republic. This showed that 70 % of female soldiers wanted to perform so-called typical male professions. They were chiefly employed, however, in business, administrational, legal, personnel and technical functions linked to their previous choice of study discipline. Women are appearing ever more frequently in positions which until not long ago had been exclusively the preserve of men. Examples include a female pilot of the tactical air-force, specialists in flight research or a parachute expert. In the tank divisions there are female drivers of battle research vehicles, tank technology, and female teachers of training for track vehicles. The military police has 10 % representation of women, and one female policewoman is a member of the personal bodyguard of the Minister of Defence. Generally the number of women commanders is also increasing. Objective statistical surveys show that more than 20 % of command positions are held by women, even though these are predominantly positions of lower command and management.

166. Since 1998, the Ministry of the Interior has only monitored the number of women in managerial positions in the Ministry, and not in subordinate organizations (the Police and the Fire Service)^[57]. In 2001, the Ministry compiled gender statistics within the Ministry (including the Police) for the years 1995 – 2001. Since 2001, the survey, which focuses on the equal status of men and women in the Ministry, has been performed on a yearly basis and also monitors the numbers of women and men in managerial positions. At present, the representation of men and women is balanced in certain departments, or in some cases favours women. For example, in the Ministry’s middle police schools, the number of women in managerial positions during the monitored period ranges around 23.5 % at manager level and 29 % at departmental director deputy level, over 33 % of faculty heads and 40 % of section managers, and up to 46.5 % at the level of district record office manager. The figures show a gradual change in the Ministry, particularly in the category of civilian employees, where women represent one quarter of deputies and department managers, and more than half of managerial deputies and section managers.

167. In 2003, the Ministry of the Interior issued an order stipulating priorities in promoting equality for men and women and the means of ensuring their fulfilment. This comes into effect for the Ministry of the Police and the general directorate of the Fire Service in 2004.

168. The Fire Service has a lower overall representation of women, and consequently a small number of women in managerial positions. Women’s employment in direct service in the Fire Service is held back by the need for compliance with conditions for the protection of employees‘ health at work (Order 178/2001 Coll., as amended).

169. Women have low representation in managerial positions in the Police. The number of female managerial employees is low throughout, with the exception of section manager and deputy departmental manager levels, where women make up one third (among police officers one tenth of managerial employees – civilian employees. There are almost no women in managerial functions in departments with national and regional powers. The exception is in regional administration at the level of deputy departmental manager, although women do not even comprise one-tenth the number of men in these managerial functions.

170. The Ministry of Justice has not yet produced a document defining active support for the selection of suitable candidates or regulating procedure in selecting employees for managerial positions. Women are represented in managerial positions practically throughout the Ministry, both in the highest positions and in positions at lower levels (Chairwoman of the Supreme Court, Chief Public Prosecutor, Head of Regional Public Prosecutors, General Director of the Prison Service, Deputy to the Minister of Justice etc.). Under the Priorities program for the equal representation of men and women, the Ministry of Justice is currently drafting internal regulations whose implementation will lead to the selection of suitable candidates in positions in government bodies and to the balanced representation of both sexes in managerial functions and work collectives. The General Director of the Prison Service issued Order no. 39/2003 The Code of Employees’ Professional Ethics, which contains a prohibition on any form of discrimination on the basis of sex.

Table 30: Women’s participation in decision-making procedures since 1999 and their representation in positions with decision-making powers at the Ministry of Justice of the Czech Republic

Table 31: Representation (in %) of women judges at all judicial levels, 1999-2003

*The Supreme Administrative Court was established 1 January 2003. The regional commercial courts were cancelled 1 January 2001.

Table 32: Representation (in %) of women judges at all judicial levels

*The Supreme Administrative Court was established 1 January 2003. The regional commercial courts were cancelled 1 January 2001.

Table 33: Survey of women’s participation in managerial positions in public prosecutor’s offices, 1999-2003

171. The Prison Service has seen a long-term increase in the number of women in managerial positions. At present, of a total of 10 725 employees, women make up 2 591, or 24.16 %. Of the 37 directors of organizational units, 2 are women, or 5.40 %, and there are 2 women among the 75 deputies to the general director and deputies to the directors of other organizational units, a ratio of 2.66 %. Of the 10 directors at the general directorate, women make up 40 %. Women represent more than a quarter (25.31 %) of the 391 section managers of all organizational units, and almost one fifth (19.40 %) of the 237 managerial officers of all organizational units.

Measures of the regions

172. As mentioned in the introduction, the decentralisation of administration led to the establishment of 14 higher territorially self-governing units – regions. The Act on the Regions, which regulates the basic questions of status, powers, organization and competence of the regions (No. 129.2000 Coll.) requires that the equal representation of men and women always be taken into account for officials and all managerial levels in the recruitment of applicants and appointment of managerial officials for the regions. The data below have been compiled on the basis of information provided by the individual regions.

173. The governor is the region’s chief representative; he/she is represented by a deputy, or deputies. The governor and the deputy are elected by the council from among its members. He/she is responsible to the council for his/her position. Although women are strongly represented in the regional authorities, this only applies up to a certain level of management. No women fill the position of governor, although several women perform the role of deputy to the governor. Women’s numbers are increasing at lower managerial levels – section managers etc.

174. The Moravia-Silesia region currently has 62 managerial employees in the regional authority, of which 33 are women 33 (53 %) and 29 men (47 %).

175. Carlsbad region

Table 34: Number of employees according to position and work classification from the authority’s foundation to the end of 2003.

176. Vysočina region

Table 35: Number of employees according to position and work classification from the authority’s foundation to the end of 2003.

177. There are 55 members of the Olomouc regional council, of which 6 are women. The regional authority comprises 15 departments, three of which are managed by a woman. The 15 departments are themselves broken down into 50 sections; in two of these a manager has yet to be appointed, while in the remaining 48 sections 23 are headed by women. The Olomouc regional assembly has 11 members, of which one is a woman.^[58]

Table 36: Number of employees according to position and work classification from the authority’s foundation to the end of 2003.

178. No specific measures are adopted in the Hradec Králové region to achieve a balanced representation of men and women.

179. Women make up 64 % of people employed by the regional authority of the South Bohemia region. In total, 6 % of managerial positions, which comprise 15 % of the total number of employees, are occupied by women, most often in the position of section manager (5 %). Of almost 50 positions occupied in the regional authority during the first half year, 30 were filled by women.

Table 37: Number of employees according to position and work classification from the authority’s foundation to the end of 2003.