Print Charter of Fundamental Rights and Freedoms
CzechRepublicandSlovakFederalRepublicof
(Excerpts)
Chapter One
General Provisions
Article 2
2) The power of the State may be asserted only in cases and within the limits set by law and in a manner determined by law.
3) Everybody may do what is not prohibited by law and nobody may be forces to do what the law does not command.
Article 4
1) Duties may be imposed only by law and within its limit and only if the fundamental rights and freedoms of the individual are respected.
2) Any limits placed on fundamental rights and freedoms may be governed only by law under conditions set by this Charter of Fundamental Rights and Freedoms (hereinafter referred to only as "the Charter").
3) Any statutory limitation of the fundamental rights and freedoms must apply equally to all cases meeting the set conditions.
4)Whenthe provisions on the limits of the fundamental rights and freedoms shall be respected. Such limits may not be used for other purposes than those for which they were instituted.
Chapter Two
Human Rights and Fundamental Freedoms
Division One
Fundamental Human Rights and Freedoms
Article 7
1) Inviolability of the person and of privacy is guaranteed. It may be limited only in cases specified by law.
2) Nobody may be subjected to torture or to inhuman or degrading treatment or punishment.
Article 8
1) Personal freedom is guaranteed.
2) Nobody may be prosecuted or deprived of his or her freedom except on grounds and in a manner specified by law. Nobody may be deprived of his or her freedom merely because of his or her inability to meet a contractual obligation or service.
Article 9
1) Nobody may be subjected to forcedlabouror service.
2) The provision of paragraph 1 shall not apply to
a)workordered in accordance with the law to persons serving other penalties replacing the penalty of imprisonment,
Article 10
1) Everybody is entitled to protection of his or her human dignity, personal integrity, good reputation, and his or her name.
2) Everybody is entitled to protection against unauthorized interference in his or her personal and family life.
3) Everybody is entitled to protection against unauthorized gathering, publication or other misuse of his or her personal data.
Article 13
Nobody may violate secrecy of letters and other papers and records whether privately kept or sent by post or in another manner, except in cases and in a manner specified by law. Similar protection is extended to messages communicated by telephone, telegraph or other such facilities.
Article 15
(1) Freedom of thought, conscience and religious conviction is guaranteed. Everybody has the right to change his or her religion or faith, or to have no religious conviction.
(2) Freedom of scientific research and of the arts is guaranteed.
(3) Nobody may be forced to perform military service against his or her conscience or religious conviction. Detailed provisions are set by law.
Article 16
(1) Everybody has the right to profess freely his or her religion or faith either alone or jointly with others, privately or in public, through religious service, instruction, religious acts, or religious ritual.
(2) Churches and religious societies administer their own affairs, in particular appoint their organs and their priests, and establish religious orders and other church institutions, independently of organs of the State.
(3) The conditions of religious instruction at state schools shall be set by law.
(4) Exercise of the aforesaid rights may be limited by law in the case of measures which are essential in a democratic society for protection of public security and order, health and morality, or the rights and freedoms of others.
Division Two
Political Rights
Article 17
(1) Freedom of expression and the right to information are guaranteed.
(2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State.
(3) Censorship is not permitted.
(4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality.
(5) Organs of the State and of local self-government shall provide inan appropriatemanner information on their activity. The conditions and the form of implementation of this duty shall be set by law.
Article 18
(1) The right of petition is guaranteed; everybody has the right to address himself or herself, or jointly with other individuals, organs of the State or of local self-government with requests, proposals and complaints in matters of public or other common interest.
(2) A petition may not be used to interfere with the independence of the courts.
(3) Petitions may not be used for the purpose of appeals to violate the fundamental rights and freedoms guaranteed by the Charter.
Article 21
(1) Citizens have the right to participate in the administration of public affairs either directly or through free election of their representatives.
Chapter Three
Rights of National and Ethnic Minorities
Article 25
(1) Citizens who constitute national or ethnic minorities are guaranteed all- round development, in particular the right to develop with other members of the minority their own culture, the right to disseminate and receive information in their language, and the right to associate in ethnic associations. Detailed provisions in this respect shall be set by law.
(2) Citizens constituting national and ethnic minorities are also guaranteed under conditions set by law
(a)theright to education in their language,
Chapter Four
Economic, Social and Cultural Rights
Article 26
(1) Everybody has the right to choose freely his or her profession and the training for such profession, as well as the right to engage in enterprise and other economic activity.
(2) The conditions and limitations for the exercise of certain professions or activities may be set by law.
(3) Everybody has the right to acquire the means of his or her livelihood by work. The State shall provide appropriate material security to those citizens who are unable without their fault to exercise this right; the respective conditions shall be set by law.
(4) Different rules may be set by law for foreign citizens.
Article 28
Employees are entitled to fair remuneration for work and to satisfactory working conditions. Detailed provisions are set by law.
Article 29
(1) Women, adolescents, and handicapped persons are entitled to increased protection of their health at work and to special working conditions.
(2) Adolescents and handicapped persons are entitled to special protection inlabourrelations and to assistance in vocational training.
(3) Detailed provisions in this respect shall be set by law.
Article 30
(1) Citizens are entitled to material security in old age and during incapacitation for work, as well as in the case of loss of their provider.
(2) Everybody who suffers from material need is entitled to such assistance as is essential for securing his or her basic living conditions.
(3) Detailed provisions in this respect shall be set by law.
Article 31
Everybody has the right to protection of his or her health. Citizens are entitled under public insurance to free medical care and to medical aids under conditions set by law.
Article 32
(1) Parenthood and the family are under protection of the law. Special protection of children and adolescents is guaranteed.
(2) During pregnancy women are guaranteed special care, protection inlabourrelations, and appropriate working conditions.
Article 33
(1) Everybody has the right to education. School attendance is obligatory for a period specified by law.
(2) Citizens have the right to free education at elementary and secondary schools, and depending on the citizen's ability and the potential of society, also at university-level schools.
(3) Other than state schools may be established and instruction provided there only under conditions set by law; education at such school may be provided for tuition.
(4) The conditions under which citizens are entitled to assistance from the State during their studies are set by law.
Article 34
(1) The rights to the results of creative intellectual activity are protected by law.
(2) The right of access to the cultural wealth is guaranteed under conditions set by law.
Chapter Five
Right to Judicial and Other Legal Protection
Article 36
1) Everybody may assert in the set procedure his or her right in an independent and unbiased cerate of justice and in specified cases with another organ.
2) Anybody who claims that his or her rights have been violated by a decision of a public administration organ may turn to a court for a review of the legality of such decision, unless the law provides differently. However, review of decisions affecting the fundamental rights and freedoms listed in the Charter may not be excluded from the jurisdiction of courts.
3) Everybody is entitled to compensation for damage caused to him or her by an unlawful decision of a court,another organsof the State or public administration, or through wrong official procedure.
4) The conditions and detailed provisions in this respect shall be set by law.