E/C.12/CZE/CO/3

Czechia (CESRC 28 March 2022)

The Committee considered the third periodic report of Czechia1 at its eighth, ninth and tenth meetings, held on 17 and 18 February 2022, and adopted the present concluding observations at its thirtieth meeting, held on 4 March 2022.

Concluding observations on the third periodic report of Czechia

C. Principal subjects of concern and recommendations

Non-discrimination

12. While noting targeted policies and strategies adopted by the State party, the Committee is concerned about persistent discrimination, hate speech, prejudices and stereotypes directed towards certain individuals and marginalized and disadvantaged groups. The Committee is further concerned that the shift of the burden of proof does not apply in all cases of discrimination. It is also concerned that the failure to report discrimination is associated with the low degree of trust in the government institutions. Furthermore, the Committee is concerned about discrimination based on gender identity and sexual orientation, and regrets that, in the absence of the recognition of same-sex marriage, registered partnerships do not provide protection equivalent to marriage (art. 2 (2)).

13. The Committee recommends that the State party:

(a) Redouble its efforts to prevent and combat discrimination, in particular against Roma, persons with disabilities, migrants, refugees and asylum seekers, lesbian, gay, bisexual, transgender and intersex persons, including by implementing strategies with an intersectional approach;

(b) Conduct awareness-raising campaigns and provide information on procedures to report cases of discrimination and mechanisms available to victims;

(c) Ensure that law enforcement officers, judiciary personnel and other public officials are properly trained so that they can perform their functions and fulfil
their obligations professionally with victim-centered approach;

(d) Amend the Civil Procedure Code to ensure the same level of protection for all victims of discrimination regardless of the grounds and area of discrimination;

(e) Ensure that registered partnerships of those in same-sex relationships are provided with protection equivalent to marriage of people in heterosexual  relationships;

(f) Take into account its general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights.

Right to health

38. The Committee is concerned at the persistence of discrimination against migrants who
do not meet the conditions for joining the public health insurance system and have to enroll
in a private health insurance plan, where they are exposed to gaps in coverage, waiting times
for payment of insurance indemnity and limits to the maximum amount of reimbursement.
Moreover, the Committee is concerned that transgender persons are required to undergo
gender reassignment and sterilization to change their names and gender. It is further
concerned about the lack of regulation on the rights of intersex persons, including to prohibit
the performing of surgical procedures on intersex children that are often irreversible and
medically unnecessary (arts. 9 and 12).

39. The Committee recommends that the State party:

(a) Ensure that all persons, including migrants, have equal access to preventive, curative and palliative health services, regardless of their legal status and documentation;

(b) Guarantee that private insurance providers do not impose unreasonable conditions;

(c) Amend legislation to ensure that sterilization is not required in the gender affirmation procedure;

(d) Ensure that medically unnecessary procedures on intersex children are not performed until they can give their informed consent;

(e) Take into account its general comment No. 14 (2000) on the right to the highest attainable standard of health and its statement on the duties of States towards refugees and migrants under the Covenant.