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OVERVIEW OF GENDER EQUALITY ISSUES IN THE CZECH REPUBLIC

Prepared by Association for Education and Development of Women, ATHENA

INTRODUCTION

Gender equality is one of the priorities of Czech governmental policy. The most important issues concerning equal opportunities between men and women are as follows:

  • Ageism and sexism. These are the most frequent causes of discrimination faced by people seeking employment or those already in work.
  • Renumeration. The pay gap between women and men is 25 %.
  • Under representation of women within decision making positions.
  • Under representation of women in the public and political sectors.
  • Discrimination against employees (both men and women) on the grounds of child-care or care of a senior relative still exists.

The basic document which guarantees the principle of equality is the Constitution of the Czech Republic that came into force in 1993. It includes the Charter of Fundamental Rights and Freedoms which declares that all people are free and equal in their dignity and in their rights. It also ensures for employees the right to appropriate remuneration for their work.

In 1982 the international Convention on the Elimination of All Forms of Discrimination against Women came into force.

The amendment to the Law on the Employment (1999) explicitly prohibited discrimination on grounds of gender while asserting the right to employment.

The Labour Code prohibits discrimination as well as humiliation of human dignity in the workplace, e.g. undesirable behaviour of sexual nature. Moreover, equal right to parental leave is guaranteed to both, women and men.

The Law on Salary foresees a duty to pay equal salaries to women and men, if they do the same work or the work of the equal value for the same employer.

In 1998 the Government adopted the Action Plan entitled the Government Priorities and Procedures for the Enforcement of the Equality of Men and Women. This Plan contains about 40 concrete measures the implementation of which are evaluated every year in an annual report.

A proposal of a law on legal means of protection against discrimination (anti-discrimination law) is being discussed. The issue has also been raised whether consultancy centres dealing with discrimination should be established.

GENDER EQUALITY MACHINERY

 The gender equality structure (limiting it to the institutions, which are specifically dealing with gender issues) is provided in Picture 3.

In the Czech Parliament, there is the Commission for Family and Equal Opportunities, consisting of 11 members. One of its tasks is to propose amendments to the laws dealing with equal opportunities of men and women and human rights.

Victims of gender discrimination have several possibilities to obtain help. In 2000 the Office of Public Defender of Human Rights (the official title, the unofficial name is Ombudsman) in the Czech Republic was established. The head was appointed by the president on the basis of a parliamentary proposal. The main task of this office is to defend persons in relation to the actions of official bodies and other institutions listed in this Law, should such actions be inconsistent with the law, in contradiction to the principles of a democratic legal state and good administration, and also in the event of inaction by these Offices. The Ombudsman is not specialised to defend gender equality.

 At governmental level there are two councils: Council for Equal Opportunities of Women and Men and Council for Human Rights.

The most important body concerning equal opportunities is the Governmental Council for Equal Opportunities of Women and Men which was established in October 2001 and started its activity at the end of the year 2002. The Council prepares proposals promoting equal opportunities for women and men. The main activities and tasks of this Council are:

  • Negotiating and advising on the basic conceptual directives of the Government in promoting equal opportunities for women and men.
  • Determining the sphere of priorities for the projects of departments aimed at supporting the implementation of equal opportunities.
  • Identifying the actual problems in society concerning equal opportunities.
  • To evaluate to what extent the principles of equal opportunities for women and men are adopted in practice.

The Council has 23 members. The chair of the Council is usually the deputy of the Prime Minister. Government appoints the chair and he/she appoints the members of the Council. Most of them are deputies of different ministers. Five of them are the representatives of the non-governmental organisations focused on equal opportunities. One of the members is the head of the Czech Statistical Office, one is the representative of the Employers Union, one is the representative of the Confederation of Trade Unions and the last one is a specialist in the field. The Council may establish committees and temporary working groups if necessary. The Chair of the Council may request cooperation from public officials or independent external experts. The costs of running of this Council are covered from the budget of the Ministry of Labour and Social Affairs.

Governmental Council for Human Rights is an advisory body to the Czech Government on issues of protection of human rights and fundamental freedoms, which was established by the Government in December 1998. It has 20 members, a chairman and a vice-chairman. The chairman of this Council is the authorised representative of the Government for human rights (the official title). The Council monitors the observance of the Constitution of the Czech Republic, of the Charter of Fundamental Rights and Freedoms and of the other legislative norms. It further monitors the national fulfilment of international commitments in the field of human rights and fundamental freedoms arising from several international conventions, among others - the Convention on the Elimination of all forms of Discrimination against Women. The Council has established the Committee for Elimination of all Forms of Discrimination of Women.

At governmental level the Ministry of Labour and Social Affairs is responsible for gender equality matters. The Ministry has a separate body – the Department for Equality of Women and Men which works under the Section for European Integration and International Relations of the Ministry. The Governmental Council for Equal Opportunities of Women and Men works under this Ministry.

Within each ministry there are authorised officials who work on issues of gender equality. Each ministry is obliged to work out the programme document called “Priorities and Progresses in Promoting of equality of men and women” on an annual basis.

There is no specialised body in the Czech Republic to which individuals may file complaints on gender discrimination. Currently discriminated persons should appeal to the Courts. Help for victims of discrimination is also provided by NGOs.

Women’s non-governmental organisations. There are two big foundations in the Czech Republic which support human rights initiatives including equal opportunities for women and men – Open Society Fund (OSF) and National Training Fund (NVF). There is still a lack of governmental funding for the activities of women’s NGOs.

Women’s NGOs and a number of non-governmental organisations are active partners in promoting gender equality in the Czech Republic. There are several organisations and associations set up to promote women’s interests in particular.

The non-governmental organisation Czech Helsinki Committee has implemented a project “Advocacy for persons discriminated against on the Labour Market” to offer legal aid in court disputes for the victims of discrimination on the Labour Market on grounds of sex, race, ethnic origin, health handicap, age or sexual orientation. Other projects include: “Equal – the Conditions for Harmonisation of Professional and Family Life – the Partnership in Family”, “Supporting the policy of Equal Opportunities on the Labour Market”, “Towards Equal Opportunities”.

The Czech Union of Women is an important organisation participating in many projects focused on equal opportunities. The representative of this association is a member of the Council of Government for Equal Opportunities of Women and Men. The Czech Union of Women regularly issues publications “Methodological Guide for Women”, and “Bulletin” which are focused on some concrete issue each time. The Czech Union of Women creates also the website www.rovnesance.cz  on which a lot of useful pieces of information can be found.

The Czech-Moravian Confederation of Trade Unions (ÈMKOS) has a specialised Committee for Equality, which is a permanent advisory body of the Council of ÈMKOS. Its role is to support the Trade Unions united in ÈMKOS in all activities and actions promoting equal opportunities, including those for women and men. The representative of this Committee is also a member of the Governmental Council for Equal Opportunities of Women and Men.

There are around 40 smaller organisations working on gender equality. ATHENA - Association for Education and Development of Women – arranges regular advisory meetings for women and is also involved in several European projects on gender issues.

No organisation coordinates the activities of NGOs working on gender equality issues. The representatives of bigger organisations, such as the Confederation of Trade Unions or the Czech Union of Women are lobbying on gender issues by participating in governmental bodies. Women’s nongovernmental organisations often work together on different projects.

Gender statistics. Czech Statistical Office collects and processes data on gender statistics. No specialised publications on gender issues have been published in Czech Republic yet. All results of surveys are available on the website of the Office (www.czso.cz). Gender segregated statistics on issues concerning women’s employment and occupations, number of children, etc. are collected.

CHALLENGES TO EQUALITY

 There is no specialised gender equality legislation in the Czech Republic. Close collaboration between NGOs and governmental institutions may bring some positive changes in this sphere. It was impossible to receive financial resources from the European Social Fund until April 2004, but ministries have been preparing methodologies to enable initiatives and projects with a focus on the issues of gender equality.

Picture 3. Gender equality machinery of Czech Republic

2003-2006