Universal Protection of Human Rights in the Czech Republic : Overview, Architecture of Implementation and Main Challenge

Matiaško, Maroš (2025) Universal Protection of Human Rights in the Czech Republic : Overview, Architecture of Implementation and Main Challenge. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 6 (1). pp. 301-332. ISSN 2732-0707

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Abstract

The chapter examines the human rights framework in the Czech Republic, focusing on its institutional architecture and the critical aspects of the implementation of the UN human rights treaty system. Since its establishment as an independent state in 1993, the Czech Republic has built a legal and institutional framework aligned with international human rights standards. This focus has positioned the country as an active participant within United Nations human rights frameworks, with membership in the Human Rights Council at multiple intervals. The country has ratified key international human rights treaties inherited from Czechoslovakia, such as the ICCPR, ICESCR, and CAT, while implementing domestic legislative changes to uphold these international obligations. Notable reforms include measures for inclusive education following criticism from the UN CRC and CERD Committees, and the passing of the 2021 law providing compensation for victims of forced sterilisation, addressing the long-standing human rights violations against Romani women. However, the UN treaty bodies have persistently highlighted flaws, such as the absence of a comprehensive National Human Rights Institution and the lack of the explicit prohibition of corporal punishment in all areas. The Human Rights Committee and other bodies have criticised the failure to implement treaty recommendations fully, especially concerning the definition of torture in national law and the persistent discrimination, notably in property restitution and the educational system for Romani children. Recent legislative initiatives, such as amendments to the Civil Code to explicitly ban corporal punishment and enhance child protection, reflect ongoing efforts to align national law with international human rights standards. The Constitutional Court and the Ombudsperson play further critical roles in human rights oversight, although the latter’s transformation into a fully accredited NHRI remains debated. Despite these advancements, challenges persist, requiring further legislative and systemic changes to fully integrate human rights principles into Czech law and practice.

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