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.
