23/1991.
CONSTITUTIONAL LAW
dated January 9, 1991,
which is prefixed by the CHARTER of FUNDAMENTAL rights and freedoms as a constitutional law
The Federal Assembly of the Czech and Slovak Federal Republic
Change: 162/1998 Coll.
The Federal Assembly has resolved on this constitutional law:
§ 1
(1) constitutional laws, other laws and regulations, their interpretation
and use must be in accordance with the Charter of fundamental rights and freedoms.
(2) the fundamental rights and freedoms referred to in the Charter of fundamental rights and freedoms
they are under the protection of the Constitutional Court.
§ 2
The international treaty on human rights and fundamental freedoms, Czech and
Slovak Federal Republic ratified and proclaimed, are the
its territory generally binding and take precedence over the law.
§ 3
(1) in the Constitution of the Czech Republic and in the Constitution of the Slovak Republic may be
fundamental rights and freedoms of the propagated over the level of the revised Charter
fundamental rights and freedoms.
(2) the provisions of the constitutional law on the Division of legislative competence between the
the Federation and the States are not affected by this constitutional law.
§ 4
Article 5 of the Constitutional Act No. 143/1968 Coll., on of the Czechoslovak Federation, in
the text of the last regulations, as follows:
"Article 5
(1) a State citizen of each of the two republics is also a citizen of the Czech and
Slovak Federal Republic.
(2) a citizen of one of the States has in the territory of the second Republic the same rights and
the same obligations as citizens of the second Republic.
(3) nobody may be involuntarily deprived of citizenship.
(4) the principles of acquisition and loss of citizenship of the republics lay down
the law of the Federal Assembly. ".
§ 5
Shall be deleted:
1. articles 7 to 9, the head of the second (article 19 to 38) and article 98 para. 4
Constitutional Act No. 100/1960 Coll., Constitution of the Czech and Slovak Federal
Republic, as amended,
2. Constitutional Act No. 143/1968 Coll., on the status of nationality in the Czech and
Slovak Federal Republic.
§ 6
(1) laws and other legislation must be brought into line with
The Charter of fundamental rights and freedoms by 31 December 2002. December 1991.
That date shall cease to apply provisions that the Charter of fundamental
rights and freedoms are not in compliance.
(2) the power that is in the article. 8 (2). 3, 4 and 5 and article. 12 paragraph 1. 2
The Charter of fundamental rights and freedoms conferred on a court or a judge, it is for the
no later than 31 December 1991 public prosecutor, if so provided by law.
§ 7
This constitutional law and the Charter of fundamental rights and freedoms shall take
effect on the date of its publication.
Havel v.r.
DUBČEK v.r.
Čalfa 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.
