WOMEN’S ECONOMIC, SOCIAL

AND CULTURAL RIGHTS

in

CZECH REPUBLIC

 

April 2002

 

The Report was prepared in cooperation with

Michaela Tominova of the Gender Studies Center,

Prague, Czech Republic

 

 

HUBERT H. HUMPHREY INSTITUTE OF PUBLIC AFFAIRS

UNIVERSITY OF MINNESOTA

CZECH REPUBLIC

 

Initial State Party report submitted on 30 August 2000 (E/1990/5/Add.47)

BASIC COUNTRY DATA

 

Population, 2001 estimate:                            10.2 million

Population growth, 2001 estimate:                -0.7 %

Ethnicities, 1991:       81% Czech, 13.2% Moravian, 3.1% Slovak, 0.6% Polish, 0.5% German, 0.4% Silesian, 0.3% Roma, 0.2% Hungarian, 0.5 % other.

Religion:  39.8% atheist, 39.2 % Catholic, 4.6% Protestant, 3% Orthodox, 13.4% other  

   

GDP, 2000 estimate (purchasing power parity):      US$49,510 million                   

GNP per capita, estimate:                                         US$ 4,920

Annual growth in GNP per capita, 2000 estimate: 2.5%

 

Major industries: agricultural products (wheat, potatoes, sugar beets, fruit, pigs, poultry), machinery and transport equipment, manufactured goods, and chemicals

 

Fertility Rate, 2001 estimate:                       1.18 children born/woman                               

Infant Mortality Rate, 2001 estimate:         5.55 per 1,000 live births per year

Maternal Mortality Rate:                             15 deaths due to pregnancy or childbearing

                                                                        per 100,00 live births    

 

Life expectancy at birth, 2001 estimate:      Total – 74.73 years

                                                                        Male – 71.23 years

                                                                        Female – 78.43 years

 

Literacy, 1999 estimate:                                99.9% 

 

          

 

 

Sources: World Factbook [1] , World Bank Group [2]

 

Critical Issues

 

Compliance with International Obligations (Covenant Articles 2 and 3)

∑     Dissemination and public education regarding country’s human rights obligations concerning women

∑     Strengthening governmental mechanisms to promote equality between women and men

 

Women in the Workplace (Covenant Articles 6, 7 and 8)

∑     Discrimination in hiring and promotion; low women’s participation in decision-making both in public and private sector

∑     Widening salary disparity between men and women

 

Trafficking and Prostitution (Covenant Article 12)

∑     Trafficking and violence against women

 

 

Overview

 

The Czech Republic gained independence in January 1993 following Czechoslovakia’s “velvet divorce.”   Playwright Vaclav Havel, the first Czech president, is currently serving his second 5-year term. [3]   Social Democrat Milos Zeman has been prime minister since the 1998 election.  Although the prime minister holds the real political power, Havel —nationally and internationally respected former dissident in Czechoslovakia and long-time human rights advocate— continues to be a strong moral and ethical force in Czech politics.  For instance, he repeatedly appealed to the Czech society to fight “latent racism” against its Roma population.

 

Politicians have wielded considerable influence on the media. Criticism over control of Czech public television — of which management had been politically appointed— led to street protests in support of journalists supporting a leadership change at the Czech Television.  As a result of public pressure, an amended Media Law was adopted in an effort to depoliticize the station. [4]     Czech journalists continue to face harassment for critical reporting about politicians and government policies. [5] For instance, Prime Minister Zeman recently threatened a weekly with legal action and called it “the garbage pail of Czech journalism” for writing about government corruption.  Zeman also attempted to discredit a journalist for the Prague weekly Reflex by alleging he takes bribes for critical reporting. [6]

Although the Czech Republic is a candidate to join the EU in 2004 and was pronounced compatible with the EU in the “social sphere,” [7] the country continues to be criticized concerning its efforts to deal with the problems of inequality between men and women, to curb trafficking of women and to eliminate discrimination against the Roma minority. The Roma minority numbers about 300,000 and suffer disproportionately high levels of poverty, illiteracy, and unemployment. [8]  

The Czech economy is considered one of the most stable of the post-Communist states, but it has been recovering from recession since mid-1999, and dealing with steadily increasing public debt. [9]   The Czech Republic became a World Bank (WB) member immediately after the split of the Czech and Slovak Federal Republic (which had been a member since 1990).  In June 1991, the US$450 million Structural Adjustment Loan was approved for the Czech and Slovak Federal Republic of which US$300 million was given to the Czech Republic. Since 1998, the WB intensified its cooperation with the Czech Republic and it has focused on providing services to support the accession process to the EU. This effort has included capital and financial market reform, enterprise restructuring and fiscal management. [10] The country faces serious environmental issues, one of the legacies of environmental neglect during the Communist period, including air and water pollution and acid rain. [11]

 

STATUS OF WOMEN IN THE CZECH REPUBLIC

PER ICESCR COVENANT:

 

COVENANT ARTICLE 2 AND 3:

Non-Discrimination and Obligation of States Parties to Adopt Legislative Measures,

and Equal Rights of Men and Women

 

Government’s Efforts to Promote Equality and Eliminate Discrimination Against Women

The principle of the equal rights of men and women is enshrined in Articles 3 and 10 of the Czech Constitution.  Article 3 states that “Part of the constitutional order of the Czech Republic is the Charter of Fundamental Rights and Freedoms,” and Article 10 states that “Ratified and promulgated international accords on human rights and fundamental freedoms to which the Czech Republic has committed itself are immediately binding and are superior in the Czech law.” [12]

 

When the Czech Republic became a member of the UN on 19 January 1993, it took over all the obligations relating to human rights protection (including CEDAW and ICESCR) from the former Czechoslovakia. The Czech Republic submitted its initial report to CEDAW in 1994.  The CEDAW discussions on the report took place on 26-27 January 1998, and CEDAW issued its final its concluding comments on 14 May 1998. The second periodic report contains a description of the changes achieved since the development of the initial report (1 January 1995 to 30 June 1999), and lists legal and other measures documenting progress achieved in the elimination of discrimination against women, changes in the status of women, measures aimed at eliminating the remaining obstacles to women’s integration into political, social, economic and cultural life, and problems emphasized by CEDAW, which the Czech Republic has not yet addressed. [13]

The Czech government only began to address the status of women and issues concerning equality of women and men systematically in late 1997 upon the initiative of members of the parliament, who asked the prime minister to demonstrate what Czech Republic had done to prepare its own National Action Plan under the Beijing obligations. The government appointed the Minister of Labor and Social Affairs (MLSA) to coordinate government policy on the status of women and asked the minister to formulate the elementary objectives of this policy. This initiative resulted in the document entitled Priorities and Procedures for Enforcement of Equal Opportunities of Men and Women 1998.  By approving this document, the government expressed its will to contribute effectively to the elimination of existing de facto and formal obstacles that prevent women from achieving status comparable with men.  The document Priorities is updated every year.

Nevertheless, with the exception of the MLSA, tasks relating to equality between men and women that are assigned to other ministries typically carry no deadlines and are treated on a “continuing” basis, which results in “minimal activity” [14] in these ministries.  Until 1 January 2002 (see below), there were no officially appointed employees who would deal with the issues of equal opportunities.  In spring 2001, for the first time ever four one-day-seminars were organized for top officers from ministries, during which they received basic information on the issue of equal opportunities, both in the context of the Czech Republic and the EU.

Mechanisms Created to Advance Women

The most significant progress concerning the Czech legislation has been achieved due to the EU accession process and virtually all of the changes concern the situation in the labor market.  Currently, there are three bodies that may be viewed as institutional mechanisms addressing discrimination against women or promoting equal opportunities.  However, no part of the Czech state budget is allocated to the implementation of policies on equal opportunities for women and men, or to the improvement of women’s status.  Due to lack of financial allocations and lack of personnel, none of these bodies serve as an adequate national mechanism for women’s advancement:

a) On 1 February 1998, the MLSA established a Division for Equality between Men and Women within the Ministry (as part of the Department for Integration into the European Union) with three female employees. In order to fulfil its assumed coordination role, the Ministry initiated an interdepartmental Committee for Equal Opportunities for Men and Women. Members of this committee, appointed by individual ministers, are civil servants mainly from the personnel departments, most of whom have no understanding of the role of the Committee or of their own role. This Committee ended its activities on 31 December 2001 (see under d) below).

b) The current government committed itself to human rights protection and promotion following the June 1998 elections.   In September 1998, a Commissioner of the Government of the Czech Republic for Human Rights was appointed. The Commissioner does not act as a protector of rights in individual cases involving citizens or other persons (it is not an ombud’s office).

In December 1998, the Government set up the Council of the Czech Republic for Human Rights (hereafter  “the Council’) as an advisory and coordinating body of the Government for the protection of human rights and fundamental freedoms of persons within the jurisdiction of the Czech Republic. The main task of the Council is to monitor the fulfillment of the Czech Republic’s international commitments and the implementation of obligations arising from international conventions and treaties. Unfortunately, the office of the Commissioner mostly deals with the Roma discrimination and much less with discrimination against women, because the Roma problems are considered to be more important.

 

Regarding the international obligations assumed by the Czech Republic, the Council has formed advisory bodies (expert sub-groups to monitor the observance of ratified treaties in particular areas of human rights and freedoms). According to the Council statute, one of the eight sub-groups is dedicated to equal opportunities for men and women. As of 31 July 1999, the equal opportunity sub-group had 18 members, three of whom were men; 11 members were from NGOs and experts from the public and seven members worked in federal government. The secretary, who is a female employee of the department for human rights, coordinates the activities of the group. However, she only covers the agenda of women’s rights part-time. According to new standards of governmental advisory bodies, the group’s official name (since 1 January 2002) is the Committee Against all Forms of Discrimination against Women in the Czech Republic.

 

c) After the 1998 elections, a Subcommittee for Equal Opportunities for Men, Women and the Family was set up under the Committee for Social Affairs and Health Care at the initiative of a social democratic female member of the Chamber of Deputies.  In addition to the parliamentary deputy, representatives of women’s NGOs are also members of the Subcommittee.  So far, the Subcommittee has not produced any gender-related policies.

 

d) Under pressure from women´s NGOs, the Governmental Council for Equal Opportunities for Men and Women was established in October 2001 and began work in January 2002 with the backing of the Czech Deputy Premier and MLSA Minister Vladimir Spidla.  In March 2002, Jana Volfova of the Social Democrat party (CSSD) became the chairwoman of the Council replacing Spidla who had led it since its inception.  Volfova vowed to prepare a program for women by mid-June 2002 when parliamentary elections are set to take place. [15]   The 23-member Council is an advisory body, and its decisions can be directly submitted to the government.  The ministries are obligated to take its recommendations seriously and implement them.  The Council is not empowered to deal with individual complaints.   The first meeting of this Council will take place on 24 April 2002.  Most likely the Council will not be able to do anything until the general elections in June.   There is no guarantee that a new government, after June 2002, will continue the Council’s existence.

 

e) According to a decision spelled out in the Priorities, since 1 January 2002 at each ministry one civil servant has been officially appointed for at least a half-time job as a coordinator of equal opportunities (gender mainstreaming) for the particular ministry.  Even before December 2001, however, each ministry had to submit its own gender mainstreaming/equal opportunities policy plan.

 

Women in Elected Bodies

The Czech Parliament has two Chambers, each of which has several committees.  There are 13 committees in the Chamber of Deputies, one of which is headed by a woman. Women do not head any of the six political caucuses (or clubs). In the Senate, there are 9 committees, two of which are headed by women and 4 political clubs, one of which is headed by a woman. [16]

 

The following parties hold seats both in the Chamber of Deputies and in the Senate (in alphabetical order):

 

CSSD – Czech Social Democratic Party.

DEU - Democratic Union (conservative right-wing party, nowadays without any important political influence; because of it, before the elections in 2002 a united party US-DEU has been created).

KDU-CSL – Christian Democratic Union-Czech People´s Party (existed before 1989).

KSCM – Communist Party of Czechia and Moravia (existed before 1989).

ODA – Civic Democratic Alliance (conservative right-wing party, nowadays without any important political influence; because of lower number of the Senators they created a club together with ODA: US-ODA).

ODS – Civic Democratic Party (conservative right-wing party, 1992 - 1997 majority in the government).

US – Union of Freedom (conservative right-wing party, founded in Winter 1997 by some members of the ODS).

 

Membership Structure of the Main Political Parties:

Party	Year	Total Members	Number of Women	% of Women
CSSD	1999	14 000	3 780	27.0
	31. 12. 2000	16 300	4 189	25.7
KDU-CSL	1999	60 464	31 597	52.3
	1. 3. 2002	50 834	26 770	52.7
KSCM	1999	136 516	51360	42.8
	31. 12. 2001	112 973	49 143	43.5
ODS	1998	19 730	6 900	35.0
	1. 3. 2002	18 443	6 486	35.2
US	1999	4 000	missing	missing
	2001	3 152	do not follow	-

 

 

The representation of men and women in the Czech Parliament according to elections results:

Year	1981	1990	1992	1996		1998
				Chamber of Dep.	Senate	Chamber of Dep.	Senate
Women	58	22	19	30	9	30	9
Men	142	178	181	170	72	170	72
Women (%)	28.0	11.0	9.5	15.0	11.1	15.0	11.1

Source: 1999 Czech Government Report to CEDAW  

 

Women in representative bodies of the Czech Republic based on election results:

Election terms	Body	Total elected	Number of women	% of Women
November 1994	Municipal, town, district and local authorities	62,160	11,100	17.9
June 1996	Chamber of Deputies of the Czech Parliament	200	30	15.0
November 1996	Senate of the Czech Parliament	81	9	11.1
June 1998	Chamber of Deputies of the Czech Parliament	200	30	15
November 1998	Senate of the Czech Parliament	27	3	11.1
November 1998	Municipal, town, district and local authorities	62,412	12,785	20.5
November 2000	Senate of the Czech Parliament	27	4	12.3
November 2000	Regional Parliaments (except the Capital Prague)	676	94	13.9

Source: 1999 Czech Government Report to CEDAW

 

1998 (latest) elections - candidates and elected representatives:

	Candidates			Elected representatives			% of elected Women
	Total	Women	% Women	Total	Women	% Women	Candidates
Chamber of Deputies	3,631	756	20.1	200	30	15.0	4.0
Senate (27 districts)	137	12	8.8	27	3	11.1	25.0
Town councils	163,649	40,774	24.9	59,986	12,257	20.4	30.1
Local and district boards	15,945	5,477	34.3	2 426	528	21.8	9.6

Source: 1999 Czech Government Report to CEDAW

 

The only Czech political party that has officially tackled women’s status within the party and in political life is the Czech Social Democratic Party (CSSD), which has an internal women’s organization of the Social Democratic Women  (SDW).  CSSD is the only political party that applies a 25 percent quota for all party bodies.  Prior to 1999, the women elected under the quota were chosen from among the SDW members.  The 1999 party Congress adopted a new party statute: the quota on women was maintained, but any woman can be nominated and elected regardless of her membership in the SDW.  Furthermore, it is up to the party committee (i.e. district, regional, central) to nominate the women. This could be interpreted as a loss of political power for the SDW, but it can also be seen as openness toward other women within the party. Based on the quota, one of the deputy chairpersons at all levels, including the highest one, has to be a woman.  Although the political parties decided to put many more men than women on their lists for the 1998 local elections, more than 50 percent of women were elected from the lists of independent candidates.

 

The quotas are not used by any other party, but the KSCM has the highest number of women of all parties on their candidate lists and the highest percentage of women within the party clubs in the Chamber of Deputies. The party also has one deputy chairwoman. The ODS, the leading conservative party, did have one deputy chairwoman who at the same time was a chairwoman of the Senate, but she lost her seat in the last elections in 2000 and at the last party congress she also lost the seat of the deputy chairwoman. The US is currently the only political party in the country, which has a woman as a chairperson (since Spring 2001). The KDU-CSL has one deputy chairwoman and a chairwoman leading its youth organization Junior Club of Christian Democrats (all other youth party clubs are chaired by men).

 

The right to vote and to be elected are defined by the Constitution as follows:  Article 18:“(1) Elections to the Chamber of Deputies shall be held on the basis of universal, equal, and direct suffrage by secret ballot, according to the principles of proportional representation. (2) Elections to the Senate shall be held on the basis of universal, equal, and direct suffrage by secret ballot, on the basis of the majority system. (3) Every citizen of the Czech Republic, on reaching the age of 18, has the right to vote.”  Article 19: ”(1) Every citizen of the Czech Republic who is eligible to vote and has reached the age of 21 may be elected to the Chamber of Deputies. (2) Every citizen of the Czech Republic who is eligible to vote and has reached the age of 40 may be elected to the Senate. (3) The mandate of a Deputy or a Senator shall be effective upon his or her election.”

 

Women in the Current Parliament - 1998 – 2002

 

a) Women in the Chamber of Deputies

The last elections to the Chamber of Deputies of the Czech Parliament were held in June 1998 (and the next will take place in June 2002).  The following parties won seats (in alphabetical order): CSSD, KDU-CSL, KSCM, ODS, US. The chairperson of the Chamber is male (ODS), one of his deputies is a woman (CSSD).

 

 

 

 

 

Elections to the Chamber of Deputies in 1998 – Candidates and Elected:

	Candidates			Elected
	Total	Women	% of Women	Total	Women	% of Women
Lower Chamber of the Parliament	3 631	756	20,1	200	30	15,0

Source: 1999 Czech Government Report to CEDAW

 

The club of communists has the highest percentage of women (25 percent), and the club of US has the lowest female membership (11.1 percent).  None of the clubs are chaired by women; three parties have female deputy chairpersons.
 

Women in the party clubs and their positions in the Chamber of Deputies 1998-2002:

Party Club	Female Members	Total Members	% of Women	Positions within the club
CSSD	11	74	14.9	2 Vice-Chairwomen
KDU-CSL	3	20	15.0	0
KSCM	6	24	25.0	1 Vice-Chairwoman
ODS	7	63	11.5	2 Vice-Chairwomen
US	2	17	11.1	0
Without membership	1	2	-	-
Total	30	200	15.0

Source: 1999 Czech Government Report to CEDAW

 

The number of women also remains low in the committees, especially in the committees of Economy, Budgetary, Defence and Security.  The highest percentage of women is found in the committees with a "typically female" agenda (Organizational, Petitions, Social Policy and Healthcare).  An exception is the Committee for Legal and Constitutional Affairs, which is chaired by a woman and is 26.3 percent women.

 

Women in the parliamentary committees and their positions:

Committee for	Female Members	Total Members	% of Women	Chairwoman	Deputy Chairwoman
Economy	1	22	4.5	0	0
Mandate and Immunity	1	11	9.1	0	0
Organisational	4	19	21.1	0	1
Petitions	8	17	47.1	0	3 (2 from ODS, 1 from CSSD)
Budgetary	1	21	4.8	0	0
Legal and Constitutional Affairs	5	19	26.3	1 (CSSD)	1 (KDU-CSL)
Elections	5	19	26.3	0	0
European Integration	1	17	5.9	0	1 (CSSD)
Defence and Security	1	19	5.3	0	0
Social Policy and Healthcare	9	21	42.9	0	2 (ODS and CSSD)
Public Administration, Regional Development and Environment	4	22	18.2	0	1 (ODS)
Science, Education, Culture, Youth and Sport	3	22	13.6	0	0
Foreign Affairs	2	17	11.8	0	1 (CSSD)
Agricultural	4	19	21.1	0	0

Source: 1999 Czech Government Report to CEDAW

 

b) Women in the Senate

The most recent elections to replace one-third of the Senate seats  (in 27 districts) were held in the fall 2000.  The following parties currently hold the senatorial seats (in alphabetical order): CSSD, KDU-CSL, KSCM, ODA, ODS, US.

 

Elections to the Senate in 1998 and 2000 – Candidates and Elected:

	Candidates			Elected
	Total	Women	% of Women	Total	Women	% of Women
Senate (27 districts) 1998	137	12	8.8	27	3	11.1
Senate (27 districts) 2000	160	26	16.25	27	4	14.82

Source: 1999 Czech Government Report to CEDAW

 

Because of a low number of communist Senators (three), KSCM was unable to create a party club. Because of a small number of Senators from ODA, a joint US-ODA club was created. The highest number of women is in the club US-ODA (18.8 percent), lowest in KDU-CSL (5.3 percent).  Neither club is chaired by a woman, and the ODS club has one deputy chairwoman.

 

Women in the party Clubs and their positions in the Senate  in 2002:

Club	Female Members	Total Members	% of Women	Positions
CSSD	1	14	7.1	0
KDU-CSL	1	19	5.3	0
ODS	4	22	18.2	1 Deputy Chairwoman
US + ODA	3	16	18.8	0
Without membership	1	10	10	-
Total	10	81	12.3

Source: 1999 Czech Government Report to CEDAW

 

 

As far as the type of the committee, the distribution of the percentage of women differs from the distribution of women in the Chamber of Deputies, except for the Committee for Healthcare and Social Policy and the Committee for Foreign Affairs, Defence and Security.

 

 

 

 

Women in the Senate committees and their positions in 2002:

Committee for	Female Members	Total	% of Women	Chairwoman	Deputy Chairwoman
Mandatory and Immunity	3	12	25.0	0	1 (CSSD)
Organisational	0	8	0.0	0	0
Legal and Constitutional Affairs	1	11	9.1	1 (ODS)	0
European Integration	2	8	25.0	0	1 (ODA)
Economy, Agriculture and Transport	1	11	9.1	0	0
Regional Development, Public Administration and Environment	1	11	9.1	0	1 (US+ODA)
Education, Science, Culture, Human Rights and Petitions	2	11	18.2	0	1 (ODS)
Foreign Affairs, Defence and Security	0	11	0.0	0	0
Healthcare and Social Policy	3	11	27.3	1 (KDU-CSL)	1 (ODS)

Source: 1999 Czech Government Report to CEDAW

 

Women in the 1998 Government

When, following the last elections, the Czech Social Democratic Party (CSDP) formed a new cabinet not a single member was a woman.  At the beginning of 2000, the prime minister announced that he was going to replace about five of the cabinet ministers.  Again, there were no women among the nominated appointees. When asked by a journalist why this was so, the prime minister replied: “When I compared possible female and male candidates, the males appeared in all cases as better experts.” [17] In response to this statement, MP Jana Volfova, who chairs SDW, created a women’s shadow cabinet to demonstrate to the prime minister and the public that there are women in the Czech Republic who are national experts perfectly capable of being cabinet ministers.

 

Between 1990 and 1998 there were only five women in the Czech and Slovak Federal Republic and Czech Republic government and only two women (Minister of Justice and Minister of Healthcare) in the provisional government (from January to June 1998).

 

Women in State Institutions

Concerning the women’s representation within different governmental agencies, statistics show few women in the departments. Even fewer women are appointed to decision-making and leading positions. Women hold the following posts:

 

∑    head of the main state health insurance agency (General Health Insurance Company);

∑    manager of a privatized company exporting weapons and military equipment;

∑    head of the State Penitentiary Service;

∑    head of the National Security Office for Nuclear Power;

∑    manager of the biggest partly State owned Gas company.

 

 

 

The 1998 Priorities contains an attachment listing numbers of women in all positions in all ministries (see table below).

 

Men and Women in ministries (as of 31 December 2001):

FUNCTION	Minister	Deputy		Head of Dep.			Head of Section			Other specialists
MINISTRY	M/F	M	F	M	F	%F	M	F	%F	M	F	%F
Transport	M	3	2	14	2	12.5	33	12	26.7	133	129	49.2
Finance	M	7	0	34	10	22.7	93	62	40.0	355	679	65.6
Culture	M	3	1	4	9	69.2	13	15	53.6	57	129	69.2
Local Development	M	7	0	20	8	28.6	282	17	37.8	114	195	63.1
Defence: Soldiers Civil Employees	M	1 3	0 0	63 6	0 1	total 1,4	98 17	1 5	total 4,9	409 159	28 240	total 32.0
Labor and Soc Aff	M	6	1	10	10	50.0	29	26	47.3	142	339	70.4
Industry and Trade	M	5	1	43	13	23.2	70	24	25.5	364	344	48.6
Justice	M
Education, Youth and Sport	M
Interior	M	3	2	38	8	17.3	127	69	35.2	1143	757	39.8
Foreign Affairs: ministry abroad	M	8	2	23	5	17.9	45	15	25	218 736	371 290	63 283
Helathcare	M
Agriculture	M	7	0	81	12	14.9	50	24	48	345	451	76.5
Environment	M	5	2	19	35	64.8	34	17	33.3	175	250	58.8
Governmental office: minister deputy prime min prime minister	M M M	1	1	20	7	25.9	29	18	38.3	126	138	52.3
Total		59	12	375	120	24.2	666	305	31.4	4476	4340	49.2

*three of the ministries did not provide information

 

 

 

 

 

 

 

COVENANT ARTICLE 6, 7 and 8:

Right to Work; to Just and Favorable Conditions of Work;

and to Form and Join Trade Unions

 

Discrimination in hiring and employment, if proven, is punishable under the provisions of Articles 8 and 9 of Act No. 9/1991 by a fine of up to CZK (Czech Koruna) 250,000 (approximately US$6,050) and, for repeat offenders, by a fine of up to CZK 1 million (approximately US$24,000). Employment control bodies, such as the Labor Exchanges and MLSA, are charged with monitoring the situation and imposing sanctions. [18]

 

A new Labor Code entered into force on 1 January 2001 bringing a major change to the field of equal opportunities, in particular with regards to the fundamental principle of equal treatment for men and women in access to employment, vocational training and promotions, working conditions and the prohibition of any kind of discrimination in employment on the grounds of sex. The fact that this principle is included in the general part of the Labor Code provides that it is applicable to the entire Czech labor legislation. [19]

 

All the obligatory legal changes concerning equality between men and women were introduced in the context  of  the EU accession process.

 

In the field of equal opportunities, the amendment to the Czech Labor Code includes the fundamental principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions and the prohibition of any kind of discrimination on the grounds of sex in employment relations.

 

The Czech Republic has not refined the scope of the term equal pay as it is understood in Article 119 of the Treaty of Rome, which states that "pay” means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in connection with his or her employment, from the employer.

 

Directive 96/34/EC, concerning parental leave, originates from EU legislation targets reconciling working and family life and supporting equal opportunities and equal rights for men and women. Its objective is to achieve a sharing of parental duties by both parents and to improve equal status and equal treatment for both sexes on the labor market as well as at the workplace. By adoption of the equal treatment amendment, the Czech Republic has achieved compliance with the above-referenced Directive.

 

Access to Jobs and Employment Opportunities for Women

In 1998, women represented 44.4 percent of the workforce in the Czech Republic. [20]   A number of legislative tools regulate the times and conditions of women’s work. Such legal provisions take two forms: a) legal tools that protect pregnant women and women with babies up to 9 months of age, b) legal tools protecting all women.  The following work is forbidden to all women:

∑    Types of jobs and work stated in the Czech Labour Law (working underground, mining professions etc., although there are some exceptions i.e. for women in leading positions);

∑    Types of jobs and work stated in the public notice of the Ministry of Health.

 

Types of work are forbidden to pregnant women and mothers of children up to 9 months of age:

∑    Types of work that, according to the medical report, endanger the pregnancy or the health of the mother up to 9 months after giving birth;

∑    Overtime (pregnant women and women with children under one year of age);

∑    Types of jobs and work stated in the public notice of the Ministry of Health.

 

Other provisions protect the parents of small children: for example, parents caring for small children cannot be forced to go on long business trips.  It is of concern that women may have to pay a price in terms of career advancement if they refuse to travel for work.

 

Women’s Representation In The Civil Sector Of The Czech National Economy:

By CZ-NACE, 1998:

Sector	Total workforce	Women
TOTAL	4,792,146	44.4%
Agriculture, hunting and forestry	242,291	34.1%
Fishing, fish farms, service activities incidental to fishing etc.	2,419	17.2%
INDUSTRY TOTAL	1,559,481	37.4%
Mining and quarrying	71,275	16.7%
Manufacturing	1,409,959	39.1%
Electricity, gas and water supply	78,247	26.0%
Construction	378,133	10.4%
Wholesale and retail trade, repair of motor vehicles, motorcycles and personal and household goods	766,533	51.7%
Hotels and restaurants	152,906	55.0%
Transport, storage and communications	328,021	35.0%
Financial Intermediation	86,857	65.8%
Real estate, renting and business activities	389,362	43.1%
Public administration and defence, compulsory Social Security	178,270	58.8%
Education	302,654	75.7%
Health and social work	258,790	77.7%
Other community, social and personal service activities	148,429	45.1%

Source: Czech Statistical Yearbook, 1999

 

Certain categories of women in the Czech Republic are especially disadvantaged in the labour market.  Those are: women with small children, women close to the retirement age (over 50 years), and women with primary education represent the most vulnerable group.  Women who have the best chances in the labor market are women with a university degree; young women in some professions; and women with a university degree, who work in professions with higher levels of feminisation (doctors, judges, teachers and social workers).

In order to comply with the EU requirements, the MLSA, together with the Ministry of Education, Youth and Physical Education, are currently trying to ensure possibilities of state support for retraining programs for certain groups of persons, particularly women who were out of the labour market for a long period of time, mainly due to child care.

 

Salary Gap

There is an enormous difference between male and female wages in the Czech Republic. The average female wage is 28 percent (1999) lower than the average male wage (in full-time jobs) even though, in general, Czech women have a similar or better education and are better qualified than men.  The wage gap varies depending on individual jobs; however, it is very low in occupations where women predominate, such as among the primary teachers.   They earn comparatively the most in sectors in which they are the least represented. [21]   The gender gap in salaries has continued to widen since the beginning of 1990s.   It is the worst in the category with the highest income of “legislators and managers,” where women receive 63 percent of male income (1996).  In 1999 in the category with the lowest income – “workers without qualification” – it was 77 percent in 1996 and 76 percent in 1999. [22]

 

Proportion Of Women’s Average Wage Compared To Men (In %)

According To Education And Age:

		1998
Education	Elementary	74.6
	Vocational and Secondary without final exam	71.6
	Complete secondary with final exam	72.9
	Higher	64.9
Age	Up to 19 years	84.6
	20 – 24 years	82.6
	25 – 29 years	73.4
	30 – 34 years	67.1
	35 – 39 years	68.4
	40 – 44 years	69.4
	45 – 49 years	70.6
	50 – 54 years	74.1
	55 – 59 years	77.4
	60 years and over	65.5

Source: Second Periodic Report to CEDAW

 

 

Parental leave and employment

Czech parents’ eligibility for parental allowances is conditional:  parents are not allowed to exceed a certain number of hours of employment or study, a fact that limits their ability to gain further qualifications. However, the Czech Employment Act guarantees that previous employment shall be kept for women/men who take care of their child up to the age of three.

 

Unemployment

The unemployment rate, and specifically the unemployment rate for women, has risen significantly.   The unemployment rate in the last trimester of 1998 stood at 5.7 percent for men and 9.3 percent for women. [23]   There are differences between rural and urban areas, but the most significant differences exist between the “developing” and “crisis” regions of the country. Women in crisis regions have major difficulties finding paid work and have poor access to childcare facilities, schools, transportation etc.  The time spent by women at work has increased, as has the percentage of women working overtime.  Although there is no specific data to prove it, it is believed that women are likely to be fired more easily than men, especially in regions with high unemployment. [24]

 

On average, unemployed women in the Czech Republic have a more difficult time finding work and when they do find work they are paid less than their male counterparts.  According to a Czech daily Pravo, on average it takes an unemployed man three to five months to find a job, while it takes a woman more than a year to find work.   Unemployment remained at a low level until 1996, when it started to grow under the effect of economic recession.   Currently unemployment is higher for women than for men: it stands at about 10.5 percent, for men it stands at 7.4 percent. [25]

 

For women, few training opportunities exist, and such opportunities are mainly available in the larger towns or cities. Local labour offices are responsible for training opportunities, which are provided free of charge only to registered unemployed citizens.  

 

 

COVENANT ARTICLE 9 AND 10:

Right to Social Security, and the Protection of the Family and of Mothers and Children

 

Female-Headed Households

Following the split of Czechoslovakia, governmental support for families diminished.  Benefits paid to families with children have devaluated with time. For example, family benefits paid in the Czech Republic constituted 0.8 percent of country’s GDP in 1997, which is one-half of the total benefits paid before the transition. [26]   Female-headed households particularly tend to be overrepresented in the low-income group.

 

Retirement Benefits

As of 1999, the basic (flat rate) amount of retirement benefit stood at CZK 1,319 plus a percentage calculated on the basis of earnings. [27]   Women’s social security and well-being following retirement is of concern given significantly lower salaries achieved by women during employment years (see above under Covenant Articles 6-8), their lower retirement age, and higher life expectancy.  As of January 2007 retirement age will increase to 62 years for men and 57-61 years for women (depending on the number of children raised).   Between 1996-2006 the retirement age is being increased gradually by two months per year for men and by four months per year for women. ^[28]

 

 

 

 

 

 

 

COVENANT ARTICLES 11 and 12:

Right to an Adequate Standard of Living and to Physical and Mental Health

 

Violence Against Women

It is believed that about 10 percent of Czech women are victims of repeated domestic violence.  The term “domestic violence,” however, is not defined in the law. [29]

Trafficking and Prostitution

Trafficking remains a very serious problem in the Czech Republic despite legal prohibitions and efforts by the Czech police.  Penalties for trafficking are similar to penalties for rape and sexual assault.  Convictions continue to be rare although the number of legal actions are increasing: in 2001, 25 persons were prosecuted for crimes related to trafficking, compared to 13 persons in 2000.  In some cases, those convicted received additional sentences for charges under other sections of the Criminal Code. [30]

 

Organizing prostitution and pimping are punishable by a prison term of up to eight years, with a term of up to 12 years if the victim is under the age of 15.  Adults can be prosecuted for engaging in sexual activity with a minor under the age of 15.  The Czechs cooperate closely with other Central and Eastern European countries, EU members and the US during investigation and prosecution of trafficking cases. The Czech Police Organized Crime Division includes a Unit on Trafficking in Persons, which was established in 1995, which works in cooperation with other nations to enforce the laws. 

 

The police to a certain extent cooperate with the International Organization for Migration (IOM) and other NGOs dedicated to the issue of trafficking and providing services to victims following trafficking arrests.  Foreign victims are dealt with as illegal immigrants and are detained or asked to leave the country within 30 days.  They may be offered temporary residence if they agree to testify against a trafficker. But according to the Human Rights Watch (HRW), law enforcement efforts to curb trafficking have tended to disregard fears of retaliation expressed by trafficking victims.  No legal protections have been adopted to facilitate victims’ cooperation in cases against traffickers. [31]  

 

The government does not provide assistance to victims, but refers them to appropriate NGOs.  The government provides funds to some of the NGOs.  La Strada is the main NGO providing education and services to young girls and women at risk and who have been trafficked. [32]

 

A school curriculum package was introduced in schools across the country to educate minors about trafficking.  In November 2001, the International Organization for Migration (IOM) and the Interior Ministry organized a three-day workshop for officials responsible for trafficking issues and methods to combat trafficking. 

 

Despite efforts by the government, a recent report of an EU envoy to the Czech Republic stated that the government needs to do even more to combat illegal trafficking in women and children and that the country “continues to be at the same time a country of origin, destination and transit” for migrants trafficked for sex work. [33]   Czech women and girls are trafficked to other European countries, such as Germany.  At the same time, women and girls from former Soviet Union, Africa, Asia and the Middle East are trafficked to the Czech Republic.  Women from Moldova, Romania, Bulgaria, Ukraine, and the Balkan countries are trafficked both to and through the country for work as prostitutes in Europe and the United States. [34]   According to various reports, some trafficking of Czech women and children for prostitution occurs within the country’s borders, especially from high unemployment areas to Austrian and German border zones.  The numbers of trafficked children are unknown, despite several widely publicized media reports of convictions of child sex offenders. [35]

 

Women are routinely drawn into trafficking by offered jobs as models, maids, waitresses and dancers.  Then they are forced to work as prostitutes when traffickers withhold their travel documents using isolation, violence, threats of violence, and the threat of arrest and deportation to ensure compliance.  In most cases, traffickers are members of organized criminal groups from Russia, Bulgaria, the former Yugoslavia, and the Far East working in cooperation with individual Czech, Slovak, or in some cases, Austrian and German nationals. [36]

 

HIV/AIDS and other STDs

The prevalence of HIV/AIDS in the Czech Republic remains fairly low.   In 1999, an estimated 0.04 percent of adults were infected with the virus, and there were about 2,200 people living with HIV/AID, fewer than 100 people had died of the infection and related complications. [37]   However, according to HIV/AIDS researchers, the country is at risk for an epidemic because of the high incidence of high-risk behaviors, such as unprotected heterosexual sex, prostitution and intravenous drug use. [38]   In particular, the increase in the number of sex workers and a large number of international visitors have been mentioned as exposing Czech women to risks and possible increase in incidence of HIV/AIDS and other STDs [39]  

 

Reproductive Health

The Czech government has a progressive family planning policy.  First-trimester (until 12^th week) abortion is legal.  Abortion is regulated by the Law on Abortion dated 20 October 1986.  The law, among other things, calls for prevention of unwanted pregnancies by education “in the family, in schools, and in health establishments, by educational measures in the social and cultural environment, and by the use of contraceptives.” [40]   The incidence of abortion has fallen by 55 percent between 1991-1996. [41]  

 

Both hospitals and clinics run by non-governmental organizations provide family planning services.  Modern contraceptive methods are available and increasingly being used.  Currently about 70 percent of women of childbearing age (15-49) report-using contraception (both traditional and modern methods). [42]

 

The leading NGO providing family planning services, The Czech Society for Family Planning and Sex Education (SPRSV), operates three clinics in Prague and one in Brno, which offer a wide range of contraceptive and counseling services.  Two of them run a telephone help-line operated by trained volunteers.  SPRSV focuses on various information and education activities for the public, especially through the media.  The planning association organizes seminars and lectures on reproductive heath and sex education throughout the Czech Republic.  For instance, 48 such seminars took place in 1997.  The programs are targeted at teachers, women in the fertile age, teenagers, young people in the military services.  The association publishes a bi-monthly journal that reprints sex and reproductive health materials from other Czech and international publications.  Some of the topics that were included are STDs and HIV/AIDS prevention, violence against women and child abuse.  SPRSV cooperates with the parliament, scientific institutions and local authorities. [43]  

COVENANT ARTICLES 13 AND 14:

Women in the Czech Republic are highly educated; and they constitute 44 percent of the population with a post-secondary education.  Unfortunately, their educational achievement too often does not translate into meaningful employment and they rarely get promoted to the highest decision-making positions (see under Covenant Articles 6-8 above).  For instance, even in fields that are feminized, such as in the health sector where they constitute more than half of all employed, they hold only 11 percent of management positions. [44]

 

 

ACTIONS TAKEN BY OTHER UN HUMAN RIGHTS MECHANISMS PERTAINING TO WOMEN’S HUMAN RIGHTS:

 

Concluding observations of the Committee against Torture: Czech Republic. 14 May 2001.

Subjects of concern:

∑    racism and xenophobia in society, including the increase in racially motivated violence against minority groups, as well as the increase in groups advocating such conduct.

∑    continuing incidents of discrimination against Roma, including by local officials, and particularly about reports of degrading treatment by the police of members of minority groups; continuing reports of violent attacks against Roma and the alleged failure on the part of police and judicial authorities to provide adequate protection and to investigate and prosecute such crimes, as well as the lenient treatment of offenders.

∑    inter-prisoner violence and bullying in various institutions, including prisons, the military and educational institutions, as well as the presence of male guards in prisons for women where that may lead to an abuse of their authority.

Recommendations:

∑    continue its efforts to counter all forms of discrimination against minorities and to implement long-term policy aimed at the integration of the Roma population through legal as well as practical measures and, in particular, to increase efforts to combat and adequately sanction police ill-treatment of minorities and the failure to provide adequate protection.

∑    set up an effective and independent system of control over prisoners' complaints and for the external and civic inspection of the prison system;

 

Concluding observations of the Committee on the Elimination of Racial Discrimination: Czech Republic. 1 May 2001.

 

Concerns and recommendations:Roma population continue to be subjected to discrimination in the fields of housing, education and employment. The Committee recommends that the State party include in its next periodic report information on the impact of the measures taken to improve the situation of the Roma minority, especially the ones designed to eliminate their social exclusion.

∑    de facto segregation in the areas of housing and education of the Roma population. In particular, concern is expressed at measures taken by some local authorities leading to segregation and at the practice of school segregation by which many Roma children are placed in special schools, offering them lesser opportunities for further study or employment. The Committee recommends that the State party undertake effective measures to eradicate promptly practices of racial segregation, including the placement of a disproportionate number of Roma children in special schools.

 

Concluding Observations of the Human Rights Committee: Czech Republic. 27 August 2001.

 

Principal subjects of concern:

∑    discrimination against minorities, particularly the Roma, especially in employment, education, health care, housing, penitentiaries, social programs and in the private sphere, as well as participation in public life. The steps taken by the State party to improve the socio-economic condition of the Roma do not appear to be adequate to address the situation and de facto discrimination persists.

∑    While noting various recent amendments to legislation to combat discrimination in employment, the Committee is concerned at the lack of monitoring of the implementation of this legislation and the high rate of unemployment of Roma, bordering on 70 percent when the general rate of unemployment is 10 percent.

∑    low participation of women in political life, as well as their inadequate representation at the higher levels of administration. The Committee regrets that the delegation was not in a position to provide the Committee with information relating to the representation of women in the private sector.

∑    reports of trafficking of women, with the State party being a country of origin and transit as well as a recipient country.

Recommendations:

∑    take all necessary measures to eliminate discrimination against members of minorities, particularly the Roma, and to enhance the practical enjoyment of their rights under the Covenant.

∑    adopt measures to increase the participation of women in the public and private sectors, if necessary through appropriate positive measures.

∑    take resolute measures to combat this practice, which constitutes a violation of several Covenant rights; strengthen programmes aimed at providing assistance to women in difficult circumstances, particularly those coming from other countries who are brought into its territory for the purpose of prostitution; take strong measures to prevent this form of trafficking and to impose sanctions on those who exploit women in this way. Protection should be extended to women who are the victims of this kind of trafficking so that they may have a place of refuge and an opportunity to give evidence against the person responsible in criminal or civil proceedings.

∑    adopt the necessary policy and legal framework to combat domestic violence; specifically, it should provide a framework for the protection of a spouse who is subjected to violence or threats of violence.

∑    take firm measures to eradicate all forms of police harassment of aliens and vulnerable minorities.

∑    Adopt effective measures for combating sexual abuse of children, including child pornography, and for rehabilitating abused children.

 

Suggestions and recommendations:

∑    give priority attention to the identification of appropriate disaggregated indicators with a view to addressing all areas of the Convention and all groups of children in society. Such mechanisms can play a vital role in systematically monitoring the status of children, and in evaluating progress achieved and difficulties hampering the realization of children's rights. They can be used as a basis for designing programs to improve the situation of children, particularly the most disadvantaged, including children belonging to minorities, children with disabilities, children ill-treated and abused within the family, children in institutions or deprived of liberty, children who are victims of sexual exploitation and children who live and/or work on the streets.

∑    Undertake major efforts to develop awareness-raising campaigns aimed at reducing discriminatory practices against the Roma population and should envisage special programs to improve the standard of living, education and health of Roma children.

∑    envisage plans to adopt reproductive health measures designed to reduce the incidence of pregnancies among teenage girls and strengthen its information and prevention programs to combat HIV/AIDS and other sexually transmitted diseases (STD; take adequate measures, including awareness-raising campaigns and the provision of support services to needy families, in order to prevent the abandonment of children and to protect poor single mothers from child traffickers.

∑    undertake a comprehensive study of child abuse and ill-treatment in the family. The Committee also recommends reinforcing its policies and programs to prevent and combat all forms of sexual abuse, including domestic violence and incest; take into consideration the recommendations of the 1996 Stockholm Congress against Commercial Sexual Exploitation of Children, as well as those of the Special Rapporteur on the sale of children, child prostitution and child pornography.