On The Rights Of Members Of National Minorities

Original Language Title: o právech příslušníků národnostních menšin

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51548&nr=273~2F2001~20Sb.&ft=txt

273/2001 Coll.



LAW



of 10 June 1999. July 2001



on the rights of members of national minorities and on amendments to certain laws



Change: 320/2002 Coll.



The preamble to the



Parliament of the Czech Republic as a democratic and legal State



Bearing in mind the right of national and ethnic identity as part of the

human rights,



respects the identity of members of national minorities as individuals and

the group, in particular, manifested with culture, traditions and language,



Bearing in mind the creation of a multicultural society, and desiring to

harmonious coexistence with the majority population of the national minorities,



guarantees members of national minorities the right to effective participation in the

cultural, social and economic life and in public

matters, especially those relating to national minorities,



protected by the rights of members of national minorities in accordance with international

treaties on human rights and fundamental freedoms binding on the Czech

Republic, with the Constitution and the Charter of fundamental rights and freedoms,



they passed this Act of the Czech Republic:



PART THE FIRST



ON THE RIGHTS OF MEMBERS OF NATIONAL MINORITIES



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the rights of members of national minorities and

the scope of the ministries, other administrative authorities and bodies of territorial

local authorities (hereinafter referred to as the "public authorities") in relation to them.



(2) the provisions of the special law which govern the rights

members of national minorities, are not affected by this Act.



§ 2



Definition of basic terms



(1) the community is a minority of the citizens of the United Kingdom living

on the territory of the present Czech Republic, who differ from other

as a rule, the common citizens ' ethnic origin, language, culture, and

traditions, constitute the numerical minority of the population and at the same time manifest the will of the

be considered a national minority for the purpose of common efforts to

the preservation and development of their own identities, language and culture and at the same time for

the purpose of the representation and protection of interests of their community

historically had made.



(2) a member of an ethnic minority is a citizen of the United States, which is

reports to other than Czech nationality and manifested the desire to be considered

Member of the national minorities together with others who claim to

of the same nationality.



TITLE II



THE RIGHTS OF MEMBERS OF NATIONAL MINORITIES



§ 3



Exercise of the rights of members of national minorities



(1) Members of national minorities shall be guaranteed, individually or

together with other members of the national minorities exercise their rights

provided for in this law, special legislation or

international treaties on human rights and fundamental freedoms,

which the Czech Republic is bound.



(2) the exercise of the rights of members of national minorities must not be restricted or

znemožňován.



§ 4



Free choice of belonging to a national minority



(1) from the membership of a national minority shall not come to anyone no

the injury.



(2) public authorities do not keep records of members of the national

minorities. The acquisition, processing and use of personal information about

belonging to a national minority shall be governed by the provisions of the Special

legislation. ^ 1) data on the nationality obtained by the

authorities in the census or in accordance with a special law, which

allow you to specify the membership of a national minority, may not be used

for a purpose other than that for which it was collected and stored, and after

statistical processing must be destroyed.



§ 5



The right of Association of members of national minorities



Members of national minorities may associate in national

associations, as well as in political parties and political movements under the conditions

and in the manner laid down by a special legislation. ^ 2)



§ 6



The right to participate in the resolution of issues relating to national minorities



(1) Members of national minorities have the right to active participation in the

cultural, social and economic life and in public

matters, especially those relating to national minorities,

of which they are nationals, at the level of municipalities, regions and at national

level.



(2) the right referred to in paragraph 1 is exercised by members of national minorities

in particular, through committees for national minorities, established by the

under special legislation, ^ 3) and of the Government Council for national

minorities (hereinafter referred to as "the Council").



(3) the Government shall be set up as its advisory and initiative body for questions

concerning national minorities and their members on the Council. In her

headed by the Member of the Government.



(4) the members of the Council are representatives of national minorities and representatives of the

a public authority with the fact that at least half of the members of the Council, the representatives of

national minorities, who were nominated by associations of members of

of national minorities.



(5) the powers of the Council include



and to ensure the preparation of Government), which affect the rights of members of the

national minorities in the Czech Republic,



(b)) to comment on the draft laws on the draft government regulation and to

measures relating to the rights of members of national minorities before the

submission to the Government,



(c) prepare for the Government) summary report on the national situation on the territory of the

The United States,



(d)) for the Government or for the preparing of the Ministry or other administrative offices

recommendations to ensure the needs of members of national minorities, in particular the

in the areas of education, culture and media, the use of the mother tongue,

social and cultural life,



e) cooperate with the authorities of territorial self-governing units in the practical

assurance of the national policy of the State



(f)) funding distribution design of

the State budget to support the activities of members of national minorities.



(6) details of the composition of the Council, how the appointment of members of the Council and of the

the activities of the Council shall lay down the Statute of the Council which approved by the Government.



(7) the regional office manages and coordinates in your area, performing the tasks

in the field of State policy to assist the integration of the Roma

community into society.



(8) the local authority of with extended powers in its administrative district

performs tasks to assist the exercise of the rights of members of the Roma community and

the integration of members of the Roma community into society.



§ 7



The right to the use of first and last names in the language of national minorities



Members of national minorities have the right to use your name and

the last name in the language of national minorities under the conditions laid down in the specific

legislation. ^ 4)



§ 8



The right to the multilingual names and designations



(1) Members of national minorities, which traditionally and long live

on the territory of the United States, have the right to the name of the municipality in which they live, the names of

its parts, streets, other public areas, the designation of the buildings

public authorities and polling stations were also listed in the

the language of the national minorities.



(2) the conditions for the exercise of the rights referred to in paragraph 1 and the method of placing

Multilingual names and designations lays down specific legislation. ^ 5)



§ 9



The right to use the language of the national minorities in official contacts and before

the courts of the



Members of national minorities, which traditionally and long live on

the territory of the United States, have the right to use the language of the national minorities

in official contacts and before the courts. The conditions for the exercise of this right shall govern

specific legislation. ^ 6)



§ 10



The right to use the language of the national minorities in matters of election



Under the terms of special legislation ^ 7) have

members of national minorities, which traditionally and long live on

the territory of the Czech Republic, the right to the publication of a notice of the time and place

the holding of elections and to more information for voters in the language of national

minorities.



§ 11



The right to education in the language of national minorities



(1) Members of national minorities, which traditionally and long live

on the territory of the United States, have the right to education and education in their

the mother tongue in schools, preschool facilities and schools

devices under the conditions which it lays down specific legislation. ^ 8)



(2) members of national minorities, referred to in paragraph 1 may, under the conditions

laid down by a specific legislative provision předpisy8)



and private schools with) the language of instruction for minorities or with

learning the language of the national minorities as a teaching subject,



(b)) private pre-school establishments and private schools.



§ 12



The right to development of the culture of members of national minorities



(1) Members of national minorities have the right to the conservation and

the development of their language, culture and traditions and on their respect for.



(2) the State creates conditions for the preservation and development of culture, traditions and

the languages of members of national minorities, which have traditionally, and in the long term

live on the territory of the Czech Republic; supports in particular the programmes aimed at

theatres, museums, galleries, libraries, documentation, and other activities


activities of members of national minorities. To this end, it provides

subsidies from the State budget; conditions and method of providing subsidies

determined by the Government Regulation.



section 13 of the



The right to disseminate and receive information in the language of national minorities



(1) Members of national minorities have the right to disseminate and

receive information in a language their national minorities.



(2) the State supports for the preservation and development of the cultures, traditions and languages

the issue of periodic and periodicals published by the press in the languages

of national minorities, which traditionally and long live on the territory of the United

Republic, and radio and television broadcasting in languages of ethnic

minorities, which traditionally and long-living on the territory of the Czech Republic. For

to this end, it provides subsidies from the State budget; conditions and methods

providing grants determined by the Government Regulation.



(3) production and dissemination of radio and television programmes in relation to the

members of the national minorities Act provides for operators

specific legislation. ^ 9)



§ 13a



For the regional authority or municipality of the village with

extended jurisdiction under this Act are transferred

the scope of the.



PART TWO



Changing the law on misdemeanors



§ 14



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.

Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 289/1995 Coll.

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 366/2000 Coll., Constitutional Court No 52/2001 Coll., Act

No. 164/2001 Coll., Act No. 254/2001 Coll., Act No. 265/2001 Coll.

Act No. 273/2001 Coll., is amended as follows:



1. In section 49 is at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (d)) and e) are added:



"(d)) restricts or prevents national minorities to exercise the rights

members of national minorities,



(e) another injury) Act for his belonging to a national minority or

for his ethnic origin, for his race, colour, sex, sexual

orientation, language, faith or religion, for his political or other

opinion, membership or activity in political parties or political

political parties, trade unions or other associations, for his

social origin, wealth, gender, health status, or to status

marital or family. ".



2. In § 49 paragraph 1. 2, after the words "$ 1,000" clutch "and" is replaced by a comma and

at the end of the text, the words "and for the offense referred to in paragraph 1 (b).

(d)), and (e)) the fine to $ 500.



PART THREE



Amendment of the Act on municipalities



§ 15



Act No. 128/2000 Coll., on municipalities (municipal establishment), is amended as follows:



1. in section 29 para. 2, the figure "20" is replaced by the figure "10" and the number "50"

shall be replaced by the figure "40".



2. In § 117 paragraph 1. 3 the first sentence of the "15" is replaced by the figure "10"

at the end of the second sentence is replaced by the dot semicolon and the following text

"However, members of national minorities must be at least

half of all the members of the Committee. ".



PART FOUR



Amendment of the Act on regions



section 16 of the



In § 78 para. 2 Act No. 129/2000 Coll., on regions (regional establishment),

the number "10" is replaced by the figure "5", the words "to the same ethnicity

other than the Czech "are replaced by the words" towards nationality other than Czech "and at the end of

the second sentence is replaced by the dot semicolon and the following text "but always

members of national minorities must constitute at least half of all

members of the Committee. ".



PART FIVE



Amendment of the Act on the capital city of Prague



§ 17



In § 78 para. 2 of the Act No. 131/2000 Coll., on the capital city of Prague, in the

the first sentence of the number "15" is replaced by the figure "5", at the end of the second sentence, the

dot is replaced by a semicolon and the following text "always, however, the members of the

national minorities must constitute at least half of all members of the Committee. ".



PART SIX



Amendment of the Act on elections to the Councils in the municipalities



section 18



In section 31 of Act No. 152/1994 Coll., on elections to the Councils in the municipalities and the

amendments to certain other laws, the following paragraph 3 is added to the

that including footnote # 10a) is inserted:



"(3) in the municipality in which a Committee for national minorities according to the

a special law, the Decree ^ 10a) referred to in paragraphs 1 and 2 shall in

the language of the respective ethnic minorities.



10A) § 117 paragraph 1. 3 of Act No. 128/2000 Coll., on municipalities (municipal establishment),

as amended by Act No. 273/2001 Coll. ".



PART SEVEN



Amendment of the Act on the elections to the regional councils



§ 19



In section 27 of Act No. 130/2000 Coll., on elections to the regional councils and the

amendments to certain laws, the following paragraph 3, including notes

footnote # 18a):



"(3) in the County in which a Committee for national minorities according to the

a special law ^ 18a), notification under paragraphs 1 and 2 shall be published in

the language of the respective ethnic minorities.



18A) § 78 para. 2 Act No. 129/2000 Coll., on regions (regional establishment),

as amended by Act No. 273/2001 Coll. ".



PART EIGHT



The EFFECTIVENESS of the



section 20



This Act shall take effect on the date of publication.



Klaus r.



Havel, v. r.



in z. Spidla in r.



1) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain

laws, as amended.



2) Act No. 83/1990 Coll. on Association of citizens, as amended

regulations. Act No. 424/1991 Coll. on Association in political parties and

in political movements, as amended. Act No. 220/1999

Coll., on the progress of the base or a replacement service and military exercises and on the

some of the circumstances of soldiers in reserve. Act No. 221/1999 Coll., on the

soldiers of the profession, as amended by Act No. 155/2000 Coll.



3) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by Act No.

273/2001 Coll., Act No. 129/2000 Coll., on regions (regional establishment), in

amended by Act No. 273/2001 Coll., Act No. 128/2000 Coll., on the capital

Prague, as subsequently amended.



4) Law No. 301/2000 Coll., on the civil registry, the name and surname and amending

some related laws.



5) Act No. 128/2000 Coll., as amended by Act No. 273/2001 Coll.



6) section 18 of Act No 99/1963 Coll., the code of civil procedure as amended by Act No.

30/2000 Coll., article 7 of Act No. 335/1991 Coll. on courts and judges. § 2

Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended. section 33 of Act No. 182/1993 Coll., on the constitutional

the Court. section 12 of Act No. 563/1991 Coll., on accounting. section 46a of Act No.

202/1990 Coll. on lotteries and other similar games, as amended by Act No.

149/1998 Coll., section 3 of Act No. 337/1992 Coll., on administration of taxes and fees, in the

amended by Act No. 35/1993 Coll. and Act No. 255/1994 Coll.



7) Act No. 152/1994 Coll., on elections to the Councils in the municipalities and the

amendments to certain other laws, as amended

regulations. Act No. 130/2000 Coll., on elections to the regional councils and the

amendments to certain laws, as amended by Act No. 273/2001 Coll., Act No.

247/1995 Coll., on elections to the Parliament of the Czech Republic, as amended by

amended.



8) Act No. 76/1978 Coll. on school facilities, as amended

regulations. Act No. 29/1984 Coll. on the system of elementary schools, high schools

schools and colleges (the Education Act), as amended

regulations. Act No. 564/1990 Coll. on State administration and self-government in the

education, as amended.



9) Act No. 483/1991 Coll., on the Czech television, as amended

regulations. Act No. 484/1991 Coll., on the Czech Radio, as amended

regulations.