Drobečková navigace
Úvodní strana23/1991 Sb.
Constitutional Act
of 9 January 1991
which introduces THE CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS
as a constitutional act of the Federal Assembly of the Czech and Slovak Federal Republic
The Federal Assembly has enacted the following Constitutional Act:
§ 1
(1) Constitutional acts, other laws and other legal regulations must be in conformity with the Charter of Fundamental Rights and Freedoms, as must the interpretation and application thereof.
(2) The fundamental rights and freedoms included in the Charter of Fundamental Rights and Freedoms are under the protection of the Constitutional Court.
§ 2
International conventions on human rights and fundamental freedoms, ratified and promulgated by the Czech and Slovak Federative Republic, are generally binding on its territory and take precedence over laws.
§ 3
(1) The Constitution of the Czech Republic and the Constitution of the Slovak Republic may extend the fundamental rights and freedoms beyond their regulation in the Charter of Fundamental Rights and Freedoms.
(2) The provisions of constitutional acts on the division of legislative competence between the federation and the republics are not affected by this Constitutional Act.
§ 4
Article 5 of Constitutional Act no. 143/1968 Coll., on the Czechoslovak Federation, in the wording of later legal regulation, reads:
„Art. 5
(1) Every citizen of each of the two republics is also a citizen of the Czech and Slovak Federative Republic.
(2) A citizen of one republic enjoys in the second republic the same rights and has the same obligations as citizens of that second republic.
(3) No one may be deprived of his citizenship against his will.
(4) The principles according to which citizenship of the republics is acquired and lost are regulated by law of the Federal Assembly.“
§ 5
The following are repealed:
1. Articles 7 to 9, chapter two (arts. 19 to 38), and article 98 section 4 of Constitutional Act no. 100/1960 Coll., the Constitution of the Czech and Slovak Federative Republic, in the wording of later constitutional acts,
2. Constitutional Act no. 144/1968 Coll., on the Status of Nationalities in the Czech and Slovak Federative Republic.
§ 6
(1) Laws and other legal regulations must be brought into conformity with the Charter of Fundamental Rights and Freedoms by 31 December 1991 at the latest. On that date any provision which is not in conformity with the Charter of Fundamental Rights and Freedoms loses force and effect.
(2) If a law provides so, the competences conferred by the art. 8 section 3, 4 and 5 and art. 12 section 2 of the Charter of Fundamental Rights and Freedoms to courts or judges appertain until 31 December 1991 at the latest also to prosecutor.
§ 7
This Constitutional Act and the Charter of Fundamental Rights and Freedoms comes into effect the day of their promulgation.
CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS
The Federal Assembly, on the basis of the proposals of the Czech National Council and the Slovak National Council,
Recognizing the inviolability of the natural rights of man, the rights of citizens, and the sovereignty of the law,
Proceeding from the universally-shared values of humanity and from our nations’ traditions of democracy and self-government,
Mindful of the bitter experience of periods when human rights and fundamental freedoms were suppressed in our homeland,
Placing hope in the common endeavours of all free nations to safeguard these rights,
Ensuing from the Czech and Slovak nations’ right to self-determination,
Recalling its share of responsibility towards future generations for the fate of all life on Earth,
and Expressing the will that the Czech and Slovak Federal Republic should join in dignity the ranks of countries cherishing these values,
Has enacted this Charter of Fundamental Rights and Basic Freedoms:
CHAPTER ONE
GENERAL PROVISIONS
Art. 1
All people are free and equal in their dignity and rights. Their fundamental rights and freedoms are inherent, inalienable, non-prescriptible, and irrepealable.
Art. 2
(1) Democratic values constitute the foundation of the state; it may not be bound either to an exclusive ideology or to a particular religious faith.
(2) State authority may be asserted only in cases and within the bounds provided for by law and only in the manner prescribed by law.
(3) Everyone may do what is not prohibited by law; and nobody may be compelled to do what is not imposed by law.
Art. 3
(1) Everyone is guaranteed the enjoyment of fundamental rights and basic freedoms without regard to gender, race, colour of skin, language, faith and religion, political or other conviction, national or social origin, membership in a national or ethnic minority, property, birth, or other status.
(2) Everybody has the right freely to choose his nationality. It is prohibited to influence this choice in any way, just as is any form of pressure aimed at suppressing a person’s national identity.
(3) Nobody may be caused detriment to her rights for asserting her fundamental rights and basic freedoms.
Art. 4
(1) Duties may be imposed only on the basis and within the bounds of law and only while respecting the fundamental rights and freedoms.
(2) Limitations may be placed upon the fundamental rights and freedoms under the conditions prescribed in this Charter of Fundamental Rights and Freedoms (hereinafter "Charter") only by law.
(3) Any legal limitation upon the fundamental rights and freedoms must apply in the same way to all cases which meet the specified conditions.
(4) When employing the provisions concerning limitations upon the fundamental rights and freedoms, the essence and significance of these rights and freedoms must be preserved. Such limitations shall not be misused for purposes other than those for which they were enacted.
CHAPTER TWO
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Division one
Fundamental Human Rights and Freedoms
Art. 5
Everyone is entitled to possess rights.
Art. 6
(1) Everyone has the right to life. Human life is worthy of protection even before birth.
(2) Nobody may be deprived of her life.
(3) The death penalty is prohibited.
(4) If the deprivation of life occurs in connection with conduct which is not criminal according to law, the rights enshrined by this article are not breached.
Art. 7
(1) The inviolability of the person and of his privacy is guaranteed. It may be limited only in cases determined by law.
(2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
Art. 8
(1) Personal liberty is guaranteed.
(2) No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty on the grounds of inability to fulfil a contractual obligation.
(3) A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained must be immediately informed on the reasons of the detention, questioned, and within twenty-four hours at the latest, either released or turned in to a court. A judge must question the detained person and decide whether the person must be placed in custody or released within twenty-four hours of the takeover.
(4) A person accused of a criminal act may be arrested only on the basis of a written and reasoned warrant issued by a judge. The arrested person must be turned in to a court within twenty-four hours. A judge must question the arrested person and decide whether the person shall be detained or released within twenty-four hours.
(5) Nobody may be placed detained except on the grounds and for the period of time determined by law and only on the basis of a judicial decision.
(6) The law specifies cases in which a person may be taken into or kept in a medical institution without consent. A court must be notified within twenty-four hours that such a measure has been taken and it decides on such placement within seven days.
Art. 9
(1) No one may be subjected to forced labour or service.
(2) The provision of paragraph 1 does not apply to:
a) labour imposed according to law upon persons serving a prison sentence or upon persons serving other penalties replacing the penalty of imprisonment,
b) military service or some other service specified by law in place of compulsory military service,
c) service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value,
d) conduct imposed by law for the protection of life, health, or the rights of others.
Art. 10
(1) Everyone has the right to demand that her human dignity, personal honour, and good reputation be respected, and that her name be protected.
(2) Everyone has the right to be protected from any unauthorized intrusion into private and family life.
(3) Everyone has the right to be protected from the unauthorized gathering, public revelation, or other misuse of her personal data.
Art. 11
(1) Everyone has the right to own property. Each owner’s property right has the same content and enjoy the same protection. Inheritance is guaranteed.
(2) The law shall designate the property necessary for securing the needs of the entire society, the development of the national economy, and the public welfare, which may be owned exclusively by the state, a municipality, or by designated legal persons; the law may also provide that certain items of property may be owned exclusively by citizens or legal persons with their headquarters in the Czech and Slovak Federal Republic.
(3) Ownership entails obligations. It may not be misused to the detriment of the rights of others or in conflict with legally protected public interests. It may not be exercised so as to harm human health, nature, or the environment beyond the limits specified by law.
(4) Expropriation or some other mandatory limitation upon property rights is permitted in the public interest, on the basis of law, and for compensation.
(5) Taxes and fees shall be levied only on the basis of law.
Art. 12
(1) A person’s habitation is inviolable. It may not be entered without the permission of the person living there.
(2) A habitation may be searched only for the purposes of a criminal proceeding on the basis of a written and reasoned search warrant issued by a judge. The manner in which a habitation may be searched shall be specified by law.
(3) Other interference within the inviolability of a habitation may be permitted by law only if it is necessary in a democratic society for the protection of the life or health of individuals, for the protection of the rights and freedoms of others, or in order to avert a serious threat to public security and order. If a habitation is also used for a business purposes or for other economic activities, the law may also permit such interference if it is necessary to fulfil the duties of public administration.
Art. 13
No one may violate the confidentiality of letters or the confidentiality of other papers or records, whether privately kept or sent by post or by other means, except in the cases and in the manner specified by law. The confidentiality of messages communicated by telephone, telegraph or by other similar devices is guaranteed.
Art. 14
(1) The freedom of movement and of residence is guaranteed.
(2) Everyone who is legitimately staying within the territory of the Czech and Slovak Federative Republic has the right freely to leave it.
(3) These freedoms may be limited by law if such is unavoidable for the security of the state, the maintenance of public order, the protection of the rights and freedoms of others or, in demarcated areas, for the purpose of protecting nature.
(4) Every citizen is free to enter the territory of the Czech and Slovak Federative Republic. No citizen may be forced to leave homeland.
(5) An alien may be expelled only in cases specified by the law.
Art. 15
(1) The freedom of thought, conscience and religious conviction is guaranteed. Everyone has the right to change religion or faith or to have no religious conviction.
(2) The freedom of scientific research and of artistic production is guaranteed.
(3) No one may be compelled to perform military service if it is contrary to his conscience or religious conviction. Detailes are specified by law.
Art. 16
(1) Everyone has the right freely to manifest religion or faith, either alone or in community with others, in private or public, through worship, teaching, practice, or observance.
(2) Churches and religious societies administrate their own affairs; in particular, they establish their own organs and appoint their clergy as well as found religious orders and other church institutions, independently of state authorities.
(3) The conditions of religious education at state schools are specified by law.
(4) The exercise of these rights may be limited by law in the case of measures necessary in a democratic society for the protection of public safety and order, health and morals, or the rights and freedoms of others.
Division two
Political Rights
Art. 17
(1) The freedom of expression and the right to information are guaranteed.
(2) Everyone has the right to express her opinion in speech, in writing, in the press, in pictures, or in any other form, as well as to freely search, receive, and disseminate ideas and information irrespective of the boarders of the state.
(3) Censorship is inadmissible.
(4) The freedom of expression and the right to search and disseminate information may be limited by law in the case of measures necessary in a democratic society for protecting the rights and freedoms of others, the security of the state, public security, public health, and morals.
(5) State authorities and territorial self-governing authorities are obliged to provide information on their activities in an appropriate manner. Conditions and implementation are determined by law.
Art. 18
(1) The right of petition is guaranteed; in matters of public or other common interest, everyone has the right, on her own or together with other individuals, to address state authorities or territorial self-governing authorities with requests, proposals, or complaints.
(2) Petitions may not be misused to interfere with the independence of the courts.
(3) Petitions may not be misused for the purpose of calling for the violation of the fundamental rights and freedoms guaranteed by this Charter.
Art. 19
(1) The right of peaceful assembly is guaranteed.
(2) This right may be limited by law in the case of assemblies held in public places, if it concerns measures necessary in a democratic society for the protection of the rights and freedoms of others, public order, health, morals, property, or the security of the state. However, an assembly may not be subject to permission by a public administrative authority.
Art. 20
(1) The right of association is guaranteed. Everybody has the right to associate with others in clubs, societies, and other associations.
(2) Citizens also have the right to form political parties and political movements and to associate therein.
(3) The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or 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.
Art. 21
(1) Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives.
(2) Elections must be held within periods not exceeding the regular electoral terms specified by law.
(3) The right to vote is universal and equal, and exercised by secret ballot. The conditions for exercising the right to vote are specified by law.
(4) Citizens have access, under equal conditions, to any elective and other public office.
Art. 22
Legal regulation of all political rights and freedoms and its interpretation and application must allow and protect the free competition of political forces in a democratic society.
Art. 23
Citizens have the right to resist anybody who would eliminate the democratic order of human rights and fundamental freedoms, established by this Charter, if the actions of constitutional authorities and the effective use of legal means have been made impossible.
CHAPTER THREE
THE RIGHTS OF NATIONAL AND ETHNIC MINORITIES
Art. 24
Affiliation to any national or ethnic minority may not be to anyone’s detriment.
Art. 25
(1) Citizens constituting national or ethnic minorities are guaranteed universal development, in particular the right to develop, together with other members of the minority, their own culture, the right to disseminate and receive information in their native language and the right to associate in national associations. Details are specified by law.
(2) Citizens belonging to national and ethnic minorities are also guaranteed under the conditions specified by law:
a) the right to education in their own language,
b) the right to use their own language in their communication with authorities,
c) the right to participate on resolution of affairs concerning national and ethnic minorities.
CHAPTER FOUR
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Art. 26
(1) Everybody has the right to the free choice of profession and the training for it, as well as the right to do business and pursue other economic activity.
(2) Conditions and limitations upon the right to engage in certain profession or activities may be specified by law.
(3) Everybody has the right to acquire the means of her livelihood by work. The state provides an adequate level of material security to those citizens who are unable, through no fault of their own, to exercise this right; conditions are specified by law.
(4) Different regulation for aliens may be specified by law.
Art. 27
(1) Everyone has the right to associate freely with others for the protection of her economic and social interests.
(2) Trade unions shall be established independently of the state. It is inadmissible to limitate the number of trade union organisations, as well as to give preferential treatment in a particular enterprise or branch of industry.
(3) The activities of trade unions and the formation and activities of similar associations for the protection of economic and social interests may be limited by law in the case of measures necessary in a democratic society for the protection of the security of the State, public order, or the rights and freedoms of others.
(4) The right to strike is guaranteed under the conditions specified by law; this right does not appertain to judges, prosecutors, or members of the armed forces or security corps.
Art. 28
Employees have the right to fair remuneration for their work and to satisfactory work conditions. Details are specified by law.
Art. 29
(1) Women, adolescents, and disabled persons have the right to increased protection of their health at work and to special work conditions.
(2) Adolescents and disabled persons have the right to special protection in labour relations and to assistance in vocational training.
(3) Details are specified by law.
Art. 30
(1) Citizens have the right to adequate material security in old age and during periods of work incapacity, as well as in the case of the loss of their breadwinner.
(2) Everyone in material need has the right to assistance necessary to ensure a basic living standard.
(3) Details are specified by law.
Art. 31
Everyone has the right to the protection of health. Citizens have the right, on the basis of public insurance, to free medical care and to medical tools under conditions specified by law.
Art. 32
(1) Parenthood and the family are under the protection of the law. Special protection is guaranteed to children and adolescents.
(2) Pregnant woman is guaranteed special care, protection in labour relations, and suitable labour conditions.
(3) Children enjoy equal rights whether they are born in or out of wedlock.
(4) It is the parents’ right to care for and bring up their children; children have the right to parental upbringing and care. Parental rights may be limited and minor children may be removed from their parents’ custody against their will only by the decision of a court on the basis of the law.
(5) Parents who are raising children have the right to assistance from the state.
(6) Details are specified by law.
Art. 33
(1) Everyone has the right to education. School attendance is obligatory for the period specified by law.
(2) Citizens have the right to free elementary and secondary school education, and, depending on citizen’s ability and the possibilities of society, also to university education.
(3) It is possible, under the conditions specified by law, to establish other then state schools; education may be provided at such schools for tuition.
(4) The conditions under which citizens have the right to assistance from the state during their studies are specified by law.
Art. 34
(1) The rights to the results of creative intellectual activity are protected by law.
(2) The right of access to cultural wealth is guaranteed under the conditions specified by law.
Art. 35
(1) Everyone has the right to a beneficial environment.
(2) Everyone has the right to timely and complete information on the state of the environment and natural resources.
(3) No one may, in exercise of rights, endanger or cause damage to the environment, natural resources, the wealth of natural species, or cultural monuments beyond the extent specified by a law.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Art. 36
(1) Everyone may claim, through determined procedure, rights before an independent and impartial court or, in specified cases, before another body.
(2) Unless a law provides otherwise, a person who claims to be curtailed in his rights by a decision of a public administrative authority may turn to a court for review of the legality of such decision. However, judicial review of decisions affecting the fundamental rights and freedoms listed in this Charter may not be removed from the jurisdiction of courts.
(3) Everybody is entitled to compensation for damage caused by an unlawful decision of a court, other state authorities or public administrative authorities or as the result of an improper official procedure.
(4) Conditions and details are specified by law.
Art. 37
(1) Everyone has the right to refuse to testify if he would incriminate himself or a close person.
(2) In proceedings before courts, other state authorities or public administrative authorities everyone has the right to legal assistance from the very beginning of such proceedings.
(3) All parties to such proceedings are equal.
(4) Anyone who declares not to speak the language in which a proceeding is being conducted has the right to the services of an interpreter.
Art. 38
(1) No one may be removed from the jurisdiction of lawful judge. The jurisdiction of courts and judges are specified by law.
(2) Everyone has the right to have her case heard in public, without unnecessary delay, and in his presence, as well as to express his opinion on all of the admitted evidence. The public may be excluded only in cases specified by law.
Art. 39
Only a law may specify which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them.
Art. 40
(1) Only a court may decide on guilt and on the punishment for criminal offences.
(2) A person against whom a criminal proceeding has been brought shall be considered innocent until his guilt is declared in a final judgment of the court.
(3) The accused has the right to be given the time and opportunity to prepare a defence and to defend himself, either on his own or with the assistance of advocate. If he fails to choose advocate even though the law requires him to have one, he is appointed advocate by the court. The law specifies cases in which the accused is entitled to advocate free of charge.
(4) The accused has the right to refuse to testify; he may not be deprived of such right in any manner.
(5) No one may be criminally prosecuted for an act for which he has already been effectively convicted or acquitted. This rule does not exclude the application of remedies according to law.
(6) The criminality of an act is considered and punishment is imposed according to the law in effect at the time the act was committed. A posterior law applies if it is more favourable for the offender.
CHAPTER SIX
GENERAL PROVISIONS
Art. 41
(1) The rights listed in article 26, article 27 section 4, articles 28 to 31, article 32 section 1 and
3, article 33, and article 35 of this Charter may be claimed only within the limits specified by laws implementing these provisions.
(2) Whenever this Charter refers to a law, it is understood a law enacted by the Federal Assembly, unless, as a result of the constitutional division of legislative powers, such issues are governed by laws enacted by the national councils.
Art. 42
(1) Whenever this Charter uses the term "citizen", this is to be understood as a citizen of the Czech and Slovak Federative Republic.
(2) While in the Czech and Slovak Federative Republic, aliens enjoy the human rights and fundamental freedoms guaranteed by this Charter, unless such rights and freedoms are expressly conferred to citizens alone.
(3) Whenever current legal regulations use the term "citizen", this shall be understood to refer to every individual if it concerns the fundamental rights and freedoms that this Charter confers to everybody irrespective of their citizenship.
Art. 43
The Czech and Slovak Federative Republic grant asylum to aliens who are being persecuted for the assertion of their political rights and freedoms. Asylum may be denied to a person who has acted contrary to fundamental human rights and freedoms.
Art. 44
Law may restrict the right of judges and prosecutors to carry out business or other economic activity and the right specified in the art. 20 section 2; it may also restrict these rights as well as rights specified in art. 27 section 4 of employees of state administration and territorial self-governance in offices specified by such law; it may also restrict these rights as well as rights specified in the art. 18, art. 19 and art. 27 section 1 and 3 of members of security corps and members of the armed forces insofar as such is related to the performance of their duties. A law may restrict the right to strike of people whose professions are essential for the protection of life and health.