As Regards The Charter Of Fundamental Rights And Freedoms

Original Language Title: o vyhlášení LISTINY ZÁKLADNÍCH PRÁV A SVOBOD

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40453&nr=2~2F1993~20Sb.&ft=txt

2/1993.



The RESOLUTION of the



Presidium of the Czech National Council



of 16 December 2002. December 1992



as regards the CHARTER of FUNDAMENTAL RIGHTS and freedoms as part of the constitutional

order of the Czech Republic



Change: 162/1998 Coll.



Presidium of the Czech National Council has resolved as follows:



Presidium of the Czech National Council proclaims the CHARTER of FUNDAMENTAL RIGHTS and

FREEDOMS as part of the constitutional order of the Czech Republic.



Uhde v.r.



THE CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS



The Federal Assembly on the basis of proposals by the Czech National Council and the Slovak

the National Council,



Recognizing the inviolability of natural rights of man, the rights of the citizen and

the sovereignty of the law,



following the generally shared values of humanity and on the democratic and

the autonomous traditions of our peoples,



Recalling the bitter experience from the time when human rights and fundamental freedoms

have been suppressed in our homeland,



employees hope to secure these rights through joint efforts of all

free Nations,



based on the law of the Czech nation and the Slovak nation to self-determination,



Recalling its responsibility towards future generations for the fate

all life on Earth



and expressing that the Czech and Slovak Federal Republic

with dignity, one of the States that honor these values,



passed on this Charter of fundamental rights and freedoms:



HEAD FIRST



General provisions



Article 1



People are free and equal in dignity and in rights. The fundamental rights and

freedoms are inalienable, not subject to alienation, nepromlčitelné and non-cancelable.



Article 2



(1) the State is based on democratic values and must not bind nor on

exclusive ideology, nor on religious beliefs.



(2) State power can be exercised only in cases and within the limits laid down by the

the law, in a way, that the law provides.



(3) anyone may do whatever is not prohibited by law, and nobody may be compelled to

do what the law does not oblige.



Article 3



(1) the basic rights and freedoms to guarantee to all, without distinction of sex,

race, colour, language, faith and religion, political or other

opinion, national or social origin, membership of a national

or ethnic minority, property, birth or other status.



(2) everyone has the right to freely decide on their nationality. It shall be prohibited

any influence of this decision and all methods of coercion

pointing to the of denationalization.



(3) Nobody may be caused detriment to the rights for implementation of its

fundamental rights and freedoms.



Article 4



(1) the obligations can be imposed only on the basis of the law and in its

the limits and only for the preservation of fundamental rights and freedoms.



(2) the limits of fundamental rights and freedoms can be under the conditions laid down

The Charter of fundamental rights and freedoms ("the Charter") adjusted only

by law.



(3) the Statutory limitation of fundamental rights and freedoms must apply equally to

all cases that meet the specified conditions.



(4) in applying the provisions on limits of fundamental rights and freedoms must be

preserved nature and meaning. Such restrictions must not be misused

for purposes other than those for which it was established.



THE HEAD OF THE SECOND



Human rights and fundamental freedoms



THE FIRST SECTION



Basic human rights and freedoms



Article 5



Everyone is eligible to have the rights.



Article 6



(1) everyone has the right to life. Human life is worthy of protection even before the

the birth of.



(2) No person shall be deprived of his life.



(3) the death penalty shall not be admitted.



(4) the violation of the rights under this article is not, if someone was deprived of

life in the context of the conduct under the Act is not punishable.



Article 7



(1) the integrity of the person and its privacy is guaranteed. Limited can

be only in cases specified by law.



(2) no one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.



Article 8



(1) personal freedom is guaranteed.



(2) no one may be prosecuted or deprived of his liberty otherwise than on the grounds and

the manner prescribed by law. No one shall be deprived of his liberty solely for the

the inability to fulfil a contractual obligation.



(3) the person accused or suspected of a criminal offence may be detained only in

the cases provided for in the Act. The detained person must be immediately made aware

with the reasons for detention, questioned and no later than 48 hours released

freedom or committed to a court. The judge must question the detained person within 24 hours

of the committal and decide on custody or release

freedom.



(4) the Arrest of the accused is only possible on a written reasoned statement

judge. The arrested person must be committed to a court within 24 hours. The judge must

the arrested person within 24 hours of the committal and decide on custody

or her released.



(5) No person shall be taken into custody, but the reasons and duration determined

the law and on the basis of a court decision.



(6) the law lays down the cases in which a person may be taken or

held in institutional health care without their consent. Such a measure

must be notified within 24 hours of court which decides on this location in the

7 days.



Article 9



(1) no one shall be subjected to forced labour or services.



(2) the provisions of paragraph 1 shall not apply to:



and the work imposed under the Act) to persons in imprisonment

or exercising another punishment, imprisonment,



(b)) military service or other service provided by law instead of

compulsory military service,



c) service required on the basis of the law in the case of natural disasters,

accidents or other danger that threatens the life, health or considerable

property values,



(d) conduct imposed by law) for the protection of life, health or rights of

of others.



Article 10



(1) everyone has the right to preserve his human dignity, personal

honour, good reputation and protected by his name.



(2) everyone has the right to protection against unauthorized intrusion into

private and family life.



(3) everyone has the right to protection against unjustified collection,

publication or other abuse of information about yourself.



Article 11



(1) everyone has the right to own property. Ownership of all owners

has the same statutory content and protection. Inheritance is guaranteed.



(2) the law provides that the assets necessary for securing the needs of the entire

the company, the development of the national economy and the public interest may be

just owned by the State, municipalities or for a legal person; law

It can also provide that certain things can only be owned by

citizens or legal persons based in the Czech and Slovak Federal

Republic.



(3) the Ownership agrees. Must not be misused to the detriment of the rights of others, or

contrary to the general interests protected by law. His performance may not

harm human health, nature and the environment of peace

provided by law.



(4) expropriation or compulsory restriction of property rights is possible in

the public interest and on the basis of the law, and for compensation.



(5) taxes and fees may be imposed only on the basis of the law.



Article 12



(1) the dwelling is sacrosanct. It is not permitted to enter it without the consent of

the one who dwells in it.



(2) the dwelling is permitted only for the purpose of criminal proceedings,

at the written reasoned statement of the judge. How to perform house searches

provided by law.



(3) any other interference with the inviolability of the dwelling may be permitted by law,

only if this is necessary in a democratic society for the protection of life

or health, for the protection of the rights and freedoms of others or for averting

a serious threat to public security and order. If the dwelling

used also for business or the operation of other economic activities,

such interventions may be permitted by law, whether or not it is necessary for the

performance of the tasks of the public administration.



Article 13



No one may violate the confidentiality of correspondence, or the secrets of other documents

and records, whether held in private, or sent by post or

otherwise, except in the cases and manner provided for by law.

As well, the secret reports guarantees telephone, Telegraph

or other similar device.



Article 14



(1) freedom of movement and residence is guaranteed.



(2) any person who is legitimately staying on the territory of the Czech and Slovak

The Federal Republic has the right to freely leave them.



(3) these freedoms may be restricted by law if it is inevitable

for national security, maintenance of public order, health, or

protection of the rights and freedoms of others and for defined areas whether or not due to the

the protection of nature.



(4) every citizen has the right to free entry on the territory of the Czech and Slovak

Federal Republic. A citizen cannot be forced to leave their homeland.



(5) an alien may be expelled only in cases provided for by law.



Article 15



(1) freedom of thought, conscience and religion is guaranteed. Each

has the right to change his religion or faith or to be without religious

religion.



(2) freedom of scientific research and artistic creation is guaranteed.



(3) nobody may be forced to perform military service if it is in

contrary to his conscience or religious faith. Details

provided by law.



Article 16



(1) everyone has the right to manifest freely his religion or belief either

alone or jointly with others, privately or publicly, in worship,

teaching, religious acts, or the maintenance of the ceremony.




(2) the churches and religious societies administer their own affairs, in particular

appoint their organs, enshrine their spiritual and establish religious and other

church institutions independent of the State authorities.



(3) the law shall determine the conditions of teaching religion in the public schools.



(4) the exercise of these rights may be restricted by law in the case of measures in

democratic society for the protection of public safety and

order, health and morals or the rights and freedoms of others.



SECTION TWO



Political rights



Article 17



(1) freedom of expression and the right to information are guaranteed.



(2) everyone has the right to express their opinions by Word, print, printing,

the image or in any other way, as well as the freedom to seek, receive and

impart information regardless of frontiers.



(3) censorship is inadmissible.



(4) freedom of expression and the right to seek and disseminate information can be restricted

by law, with regard to the measures necessary in a democratic society for

protection of the rights and freedoms of others, national security, public safety,

protection of public health and morality.



(5) State authorities and authorities of the regional and local authorities are required to take reasonable

way to provide information about their activities. Conditions and the implementation of

provided by law.



Article 18



(1) the right to petition is guaranteed; in matters of public or other

common interest has every right to alone or with others, turn to the State

authorities and the authorities with requests, proposals and complaints.



(2) the petition shall not interfere with the independence of the Court.



(3) Petitions must not encourage violations of fundamental rights and freedoms

guaranteed by the Charter.



Article 19



(1) the right to gather peacefully is guaranteed.



(2) this right may be limited by law in cases of public Assembly

places with respect to the measure in a democratic society for

protection of the rights and freedoms of others, public order, protection of health,

morality, property or for the safety of the State. The Assembly, however, must not

be subject to the authorization of the public authority.



Article 20



(1) the right to freedom of Association is guaranteed. Everyone has the right, together with the

the other is to bring together in clubs, societies and other associations.



(2) citizens have the right to form political parties and political movements and

Associate in them.



(3) the exercise of these rights may be limited only in cases specified by law,

If it is necessary in a democratic society for safety

the State, the protection of public security and public order, prevention of

of criminal offences or for the protection of the rights and freedoms of others.



(4) political parties and political movements, as well as other associations are

separated from the State.



Article 21



(1) citizens have the right to participate in the management of public affairs, directly or

the free choice of their representatives.



(2) the election must take place in regular intervals not exceeding

the period provided for by law.



(3) the right to vote is universal and equal and shall be exercised by secret ballot.

Conditions for the exercise of the electoral rights provided by law.



(4) citizens have equal access to elected and other public

features.



Article 22



The legal adjustment of all political rights and freedoms, and its interpretation and

use must allow and protect free competition of political forces

in a democratic society.



Article 23



Citizens have the right to resistance against anyone who would

eliminate democratic order of human rights and fundamental freedoms,

founded by the Charter, if the activity of the constitutional authorities and the effective use of the

legal means are disabled.



THE HEAD OF THE THIRD



The rights of national and ethnic minorities



Article 24



Belonging to any national or ethnic minority may not be

anyone on the injury.



Article 25



(1) Citizens forming national or ethnic minorities are guaranteed

all-round development, in particular the right, together with other members of the minority

to develop their own culture, the right to disseminate and receive information in

their mother tongue and to associate in ethnic associations.

Details provided by law.



(2) Citizens belonging to national and ethnic minorities in

the conditions laid down by the law guarantees



and the) right to education in their language,



(b)), the right to use their language in official contacts,



(c) the right to participate in solutions) matters concerning national and ethnic

minorities.



CHAPTER FOUR



Economic, social and cultural rights



Article 26



(1) everyone has the right to free choice of profession and to prepare for it, as well as

the right to do business and engage in other economic activities.



(2) the law may lay down the conditions and limitations for the exercise of certain professions

or activities.



(3) everyone has the right to obtain resources for their living needs work.

This right to citizens who are unable to perform without his guilt, State in

a reasonable range of substantive provides; the conditions provided for by law.



(4) the law may provide for a derogation for foreigners.



Article 27



(1) everyone has the right to freely associate with others to protect their

Economic and social interests.



(2) trade unions are created independently of the State. Limit the number of

trade unions are not permitted, as well as to favour some of the

them in a company or in the industry.



(3) the activities of trade unions and the formation and activities of other associations on

protection of the economic and social interests may be restricted by law,

If the measure in a democratic society for the protection of

national security, public order or the rights and freedoms of others.



(4) the right to strike is guaranteed under the conditions provided for by law; This

rights to judges, prosecutors, members of the armed forces and

members of the security forces.



Article 28



Employees have the right to a fair remuneration for work and to satisfactory

working conditions. Details provided by law.



Article 29



(1) women, minors and persons with disabilities are entitled to increased

health at work and to special working conditions.



(2) young persons and persons with disabilities have the right to special

protection in labour relations and to assistance in the preparation to the profession.



(3) the details provided for by law.



Article 30



(1) citizens have the right to adequate material security in old age and at

incapacity to work, as well as for loss of the breadwinner.



(2) any person who is in material need has the right to such assistance, which is

necessary to ensure basic living conditions.



(3) the details provided for by law.



Article 31



Everyone has the right to protection of health. Citizens are based on the public

insurance the right to free health care and to medical AIDS under the

conditions laid down by the law.



Article 32



(1) Parenthood and the family are under the protection of the law. Special protection

children and adolescents is guaranteed.



(2) a woman in pregnancy is guaranteed special care, protection in labour

relations and the corresponding medical conditions.



(3) children born within and outside marriage have the same rights.



(4) care for children and their upbringing is the right of parents; children have the right to

parental upbringing and care. The rights of parents may be limited and minor

children may be separated from their parents against their will, only by decision of the

Court on the basis of the law.



(5) parents who care for children, have the right to assistance from the State.



(6) the details provided for by law.



Article 33



(1) everyone has the right to education. School attendance is compulsory for,

specified by law.



(2) citizens have the right to free education in elementary and secondary

schools, according to the abilities of the citizen and the possibility of the company also in high

schools.



(3) Establish other than State schools and teach in them can be just as

the conditions laid down by law; at such schools may education

provide for a fee.



(4) the law lays down the conditions under which citizens have in the study of the right to

assistance from the State.



Article 34



(1) the rights to the results of creative intellectual activities are protected by law.



(2) the right of access to cultural wealth is guaranteed under the conditions

laid down by law.



Article 35



(1) everyone has the right to a favourable environment.



(2) everyone has the right to timely and complete information on the State of

environment and natural resources.



(3) when exercising their rights, no one may threaten or harm the

environment, natural resources, the species richness of nature and the cultural

sights above the level provided for by law.



CHAPTER FIVE



The right to judicial and other legal protection



Article 36



(1) each can claim their rights in an independent

and impartial court and in specific cases, at another institution.



(2) who claim that their rights was truncated by a decision of the authority

public administration, may apply to the Court to review the legality of

such a decision, unless the law provides otherwise. However, from the jurisdiction of the Court

may not be excluded examination of decisions concerning the basic

According to the Charter of rights and freedoms.



(3) everyone has the right to compensation for damage caused by his unlawful decision

the Court, another State authority or a public authority or an incorrect

the official procedure.



(4) the law regulates the conditions and details.



Article 37



(1) everyone has the right to refuse to testify if she caused the danger

a criminal prosecution or a person close to each other.




(2) everyone has the right to legal assistance in proceedings before courts, other State

institutions or public authorities from the beginning of the proceedings.



(3) all participants are equal in proceedings.



(4) who declares that he does not control the language, which is leading the negotiations, has the right to

an interpreter.



Article 38



(1) no one shall be deprived of his lawful judge. Jurisdiction of the Court and

judges are determined by law.



(2) everyone has the right to make his case was discussed in public, without

undue delay, and in his presence, and to be able to comment on all

carried out by the evidence. The public may be excluded only in cases

laid down by law.



Article 39



The law stipulates that the offence is a crime and what penalty, as well as

and what other rights or property may be for his committing a save.



Article 40



(1) the Court Only decides on guilt and punishment for criminal offences.



(2) each, against whom criminal proceedings, is considered

an innocent, if a conviction was not his court

pronounced.



(3) the accused has the right to be given the time and opportunity to prepare

the defence and to defend himself or through an attorney. If

the Defender chooses, although by law it must have, will be appointed

by the Court. The law stipulates the cases in which the accused has the right to

free help Defender.



(4) the accused has the right to refuse to testify; This right must not be any

way cleared.



(5) no one can be prosecuted for an offence for which he has already been

finally convicted or acquitted. This policy does not preclude the

the application of extraordinary legal remedies in accordance with the law.



(6) the crime is judged and penalty shall be imposed according to the law effective

at the time when the Act was committed. A later law shall apply, if the

It is more favourable for the offender.



CHAPTER SIX



The provisions of the common



Article 41



(1) the rights referred to in article 3(1). 26, art. 27 para. 4, art. 28 to 31, art. 32 para.

1 and 3, article. 33 and 35 of the Charter, it is possible to sue only within the limits of the laws,

which implement these provisions.



(2) where the Charter speaks of the law means the law of the Federal

the Assembly, where the constitutional distribution of legislative powers

to indicate that it is for the adjustment of the laws of the national councils.



Article 42



(1) if the Charter uses the concept of "citizen" means a citizen of the State

The Czech and Slovak Federal Republic.



(2) aliens shall enjoy in the Czech and Slovak Federal Republic, the human

rights and fundamental freedoms guaranteed by the Charter if they are not awarded

explicitly to the citizens.



(3) If the existing legislation of the use of the term "citizen" means

each person, in the case of fundamental rights and freedoms that the Charter confers on the

regardless of country of citizenship.



Article 43



Czech and Slovak Federal Republic grants asylum to aliens

persecuted for the implementation of political rights and freedoms. Asylum may be

denied to the person who has acted in violation of the fundamental human rights and

freedoms.



Article 44



The law may restrict the right of judges and prosecutors on business and other

economic activity and the right referred to in article 2(1). 20 (2). 2; employees

State administration and local self-government authorities in functions that determines whether or not the right

referred to in article 14(2). 27 para. 4; members of the security forces and

members of the armed forces of the rights referred to in article. 18, 19 and article. 27

paragraph. 1 to 3, if related to the performance of the service. Persons in occupations,

that are immediately necessary for the protection of life and health, it may

the law to restrict the right to strike.