Analysis provided by Dominika Skubida, ODIHR Legal Expert

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The equality principal is defined by the Constitution of Czech Republic; however, this act does not contain provision on prohibition of discrimination that can be found otherwise in the Charter of Fundamental Rights and Freedoms constituting an integral component of the constitutional system of the Czech Republic (Article 3 of the Constitution). Article 3 of the Charter stipulates that fundamental human rights and freedoms are guaranteed to everybody irrespective of sex , race, colour of skin, language, faith, religion, political or other conviction, ethic or social origin, membership in a national or ethnic minority, property, birth, or other status. Furthermore, international treaties promulgated and ratified by the Parliament, including also those containing gender anti-discrimination provisions, are integrated into national legislation. Those international acts are treated as "lex specialis" to ordinary laws and in case of contradiction between them and ordinary laws the case is dealt with by Constitutional Court.

The concept of direct and indirect discrimination against women and men is not defined in Czech legislation. However, the Labour Code in its Article 13 stipulates that discrimination of employees based among others on sex, health, age, marital and family status or family duties is prohibited in employment relationship. Employers are prohibited from taking any action that is discriminatory directly or in its consequences. However, if the conduct is motivated by special nature of the work and gender is essential for performing such work it can not be considered as discriminatory.

Also the Employment Act repeats the right to employment regardless of sex, marital and family status and family duties.

With regard to gender discrimination Czech legislation shifts the burden of proof on the defendant which must prove that the breach of the principle of equal treatment didn't take place according to the Section 133 (a) of the Civil Code. In case of employment relations the implementation of equal treatment principal is based on Labour Code Section 7(4). Here, if the rights and obligations related to equal treatment of men and women are breached, the employee concerned has a right to demand desistance from such infringement, removal of the consequences and appropriate satisfaction. Furthermore, section 7(5) and (6) provides for and defines pre-conditions for claiming monetary compensation.

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