Council of Europe's Human Rights Commissioner appreciates the new Lety memorial, but warns Roma are still discriminated against, including Romani Ukrainians seeking temporary protection

Mijatović expressed appreciation for the establishment of a new memorial in Lety u Písku on the site of the WWII-era concentration camp for Romani people there. She also praised the Czech Republic for its human rights protection system being well set up, but criticized the country for the fact that responsibility for enforcing those protections becomes fragmented by the many levels of the state administration.

The Commissioner, who visited the Czech Republic in late February this year, also expressed appreciation for the efforts made by the citizens and the Government of the Czech Republic in response to the arrival of Ukrainians seeking temporary protection from Russia’s full-fledged invasion of Ukraine last year. She also appreciated the Government agreeing to continue the process of ratifying the Istanbul Convention.

The report has the following to say about how members of the Romani minority are treated: “Roma in the Czech Republic continue to face discrimination in virtually every area of life, which (alongside education) includes housing, employment and their interaction with the police. […] The Commissioner calls on the authorities to redouble their efforts in key sectors where Roma face disadvantages and discrimination, including by creating clear frameworks for social housing, by improving protections against discrimination in the labor market; and to tackle discrimination and violence by the police. In this regard, she calls on the authorities to promptly implement the numerous outstanding recommendations by ECRI, CERD and other relevant international bodies.”

The report also touched on the problem of authorities engaging in hate speech: “The Commissioner reiterates the role of government officials and elected representatives in combating hate speech and providing a positive example in countering prejudice. In line with Recommendation CM/Rec(2022)16 of the Committee of Ministers of the Council of Europe on combating hate speech, the Commissioner calls on all persons in leadership positions, given their position of influence, to avoid engaging in, endorsing or disseminating hate speech, and urges them to promote a culture of human rights and nondiscrimination.”

The Commissioner noted that the success of the country’s “Strategy for Roma Equality, Inclusion and Participation” depends on it becoming a political priority and on the coordination and financing of its specific activities. She also said that while she considers the establishment of a compensation mechanism for forced sterilization victims, including Romani women, to be a basic sign of progress, the current process of proving that such a medical procedure has been carried out is placing a disproportionate burden on the victims when the burden of proof should not rest with them at all.

The Commissioner also said she considers discrimination against Romani children and their frequent assignment to schools for children with special needs instead of into mainstream schools to be a “persistent problem”. She called for the “good examples of inclusive education” which are currently functioning in some Czech schools to be expanded further.

“The Czech authorities and Czech citizens have made extraordinary efforts in response to the arrival of Ukrainian refugees,” the report states. “However, the treatment of Ukrainian Roma who fled to the Czech Republic since the start of the war is an issue of concern, following consistent and credible reports of unjustified differential treatment of Ukrainian Roma in such areas as assistance and registration.”

The Commissioner pointed out that in order to uphold the right of persons living with disabilities to an independent life in society, community care for such persons should replace institutional care. Continued investment into building or reconstructing such institutions is a step in the wrong direction and should be stopped, she said.

Mijatović raised examples of well-functioning community services for persons living with disabilities which she said are springing from individual initiatives, not from the kind of systemic transformation that would be desirable. The development of the system is also hampered by the annual approval of budgets for such work, which does not facilitate long-term planning of a strategic nature, and according to the report, there are also shortcomings in the access to legal protection enjoyed by persons living with disabilities.

The Council of Europe report praises the Czech Government for agreeing to continue the process of ratifying the Istanbul Convention, which condemns domestic violence, forced marriage, genital mutilation, “honor crimes”, rape and sexual harassment. The Czech Republic signed the Convention in 2016.

For the Convention to take effect domestically, it must next be ratified by the Chamber of Deputies and the Senate and signed into law by the President of the Czech Republic. Mijatović said Czech lawmakers should “avoid false narratives about the content and role of the Convention.”

The Commissioner recommended that “The authorities should move forward with their intention to amend the definition of rape in the Criminal Code so that it is entirely based on the absence of free consent. Regarding the human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, the current legal gender recognition procedure, which requires a surgical intervention, is in clear violation of the European Convention on Human Rights and requires urgent reform to bring it in line with the Czech Republic’s obligations and with international human rights best practice. Registered partnerships do not provide for comprehensive protection of the rights of same-sex couples and the introduction of equal marriage would be a welcome step to that end.”

The Office of the Czech Government, the Czech Education Ministry and the Czech Health Ministry said in response to the Council of Europe’s report that by the close of this year, the Government should discuss an amendment to the Act on the Public Defender of Rights to introduce the position of a Children’s ombudsman. The problems the report warns of in relation to Romani people are being continually addressed by the Czech Government Council for Roma Minority Affairs, the authorities claim.

The Czech Government claims that its Council is aiding forced sterilization victims with receiving easier access to compensation and to information as well as with designing legal regulations on inclusion in the schools. The Government’s seven-page document also responded to other reproaches from the Council of Europe.