Resolution No. 2 / 1993 Coll.
Resolution of the Bureau of the Czech National Council on the publication of the Charter of Fundamental Rights and Freedom as part of the constitutional order of the Czech Republic
Valid
Effective from 28.12.1992
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2
ORDER
Czech National Council Bureau
of 16 December 1992
on the declaration of the Charter of Fundamental Rights and Freedom as part of the constitutional order of the Czech Republic
The Bureau of the Czech National Council decided as follows:
The Bureau of the Czech National Council announces the Charter of Fundamental Rights and Freedom as part of the constitutional order of the Czech Republic.
Uhde v. r.
Charter of Fundamental Rights and Freedom
Federal Assembly on the basis of proposals from the Czech National Council and the Slovak National Council,
recognising the inviolability of the natural rights of man, the rights of a citizen and the sovereignty of the law,
building on the universally shared values of humanity and on the democratic and self-governing traditions of our nations,
a memory of bitter experiences from a time when human rights and fundamental freedoms have been suppressed in our country,
placing hope in the security of these rights through the joint efforts of all free nations,
based on the right of the Czech and Slovak people to self-determination,
commemorating your share of responsibility to future generations for the fate of all life on Earth
and expressing the will for the Czech and Slovak Federal Republic to be included with dignity among the countries that honor these values,
The following Charter of Fundamental Rights and Freedoms has been adopted:
GENERAL PROVISIONS
People are free and equal in dignity and in law. Fundamental rights and freedoms are inalienable, inalienable, unbiased and unbreakable.
(1) The State is based on democratic values and must not be bound by exclusive ideology or religion.
(2) State authority may be exercised only in cases and within the limits laid down by law, in the manner laid down by the law.
(3) Anyone can do what is not forbidden by law, and no one must be forced to do what the law does not impose.
(1) Fundamental rights and freedoms are guaranteed to all without distinction of sex, race, colour, language, faith and religion, political or other thinking, national or social origin, membership of a national or ethnic minority, property, genus or other status.
(2) Everyone has the right to decide freely on their nationality. It shall be prohibited to influence this decision and all methods of pressure towards denationalisation.
(3) No one must be harmed by the rights to exercise their fundamental rights and freedoms.
(1) Obligations may be imposed only on the basis of the law and within its limits and only with respect to fundamental rights and freedoms.
(2) Under the conditions laid down in the Charter of Fundamental Rights and Freedoms (hereinafter referred to as "the Charter"), the limits of fundamental rights and freedoms may be governed by law only.
(3) Legal restrictions on fundamental rights and freedoms must apply equally to all cases which fulfil the conditions laid down.
(4) In applying the provisions on the limits of fundamental rights and freedoms, their substance and their meaning must be investigated. Such restrictions shall not be misused for purposes other than those for which they have been established.
HUMAN RIGHTS AND BASIC FREEDOM
Fundamental human rights and freedoms
Everyone is eligible to have rights.
(1) Everyone has a right to life. Human life is worth protecting before birth.
(2) No one must be deprived of life.
(3) The death penalty is not allowed.
(4) It is not a violation of rights under this Article if someone has been deprived of his life in connection with acts which are not punishable by law. The right to defend your life or the life of another man with a weapon is guaranteed under the conditions laid down by law.
(1) The non-touchability of a person and its privacy is guaranteed. It may be limited only in cases provided for by law.
(2) No one shall be tortured or subjected to cruel, inhuman or degrading treatment or punishment.
(1) Personal freedom is guaranteed.
(2) No one shall be prosecuted or deprived of liberty except for the reasons and in a manner laid down by law. No one shall be deprived of liberty solely for the failure to fulfil a contractual obligation.
(3) The accused or suspected criminal offence may be detained only in cases provided for in the law. The detainee shall immediately be informed of the grounds for detention, heard and, at the latest within 48 hours, released or surrendered to the court. The judge must interview the detained person within 24 hours of taking over and decide on custody or release her.
(4) The defendant may be arrested only by written reasoned order from the judge. The person arrested must be handed over to the court within 24 hours. The judge must question the person arrested within 24 hours of the takeover and decide whether to arrest him or release him or her.
(5) No one may be taken into custody, except for the reasons and for the period laid down by law and by decision of the court.
(6) The law provides in which cases a person may be taken over or held in constitutional healthcare without his consent. Such a measure shall be notified to the court within 24 hours, which shall decide on that location within 7 days.
(1) No one shall be subjected to forced labour or services.
(2) Paragraph 1 shall not apply to:
(a) the work imposed by law on persons in the execution of a custodial sentence or on persons carrying out another sentence replacing a custodial sentence;
(b) military service or other service provided for by law instead of compulsory military service;
(c) a service required by law in the event of natural disasters, accidents or any other danger affecting life, health or significant property values;
(d) the conduct imposed by law for the protection of life, health or the rights of others.
(1) Everyone has the right to preserve his or her human dignity, personal honor, reputation and protection of his or her name.
(2) Everyone has the right to protection from unauthorised interference in private and family life.
(3) Each person shall have the right to protection against unauthorised collection, disclosure or other misuse of personal data.
(1) Everyone has the right to own property. The ownership of all owners has the same legal content and protection. The inheritance is guaranteed.
(2) The Act provides which assets necessary to ensure the needs of the whole company, the development of the national economy and the public interest may be owned only by the State, the municipality or the designated legal persons; the law may also provide that certain items may only be owned by citizens or legal persons established in the Czech and Slovak Federal Republic.
(3) Owners are obliged. They must not be misused to harm the rights of others or in violation of legally protected general interests. Its performance must not damage human health, nature and the environment beyond the standards laid down by law.
(4) Expropriation or forced restriction of ownership is possible in the public interest, by law and for compensation.
(5) Taxes and charges can only be imposed by law.
(1) The dwelling is untouchable. It is not allowed to enter without the consent of the person who lives in it.
(2) A search warrant shall be admissible only for the purposes of criminal proceedings, on written reasoned order from the judge. The procedure for carrying out the search shall be laid down by law.
(3) Other interventions in the integrity of dwellings may be permitted by law only if it is necessary in a democratic society to protect the life or health of persons, to protect the rights and freedoms of others or to avert a serious threat to public security and order. If the dwelling is also used for the business or business of other economic activities, such interference may be legally permitted, also if necessary for the performance of public administration tasks.
No person may violate the secrets of letters or the secrets of other documents and records, whether kept in private or sent by post or otherwise, except in cases and in the manner laid down by law. In the same way, the secrets of messages submitted by telephone, telegraph or other similar devices are guaranteed.
(1) Freedom of movement and residence is guaranteed.
(2) Anyone who is legally present in the territory of the Czech and Slovak Federal Republic has the right to leave them freely.
(3) Such freedoms may be restricted by law if this is necessary for the security of the state, for the maintenance of public order, for the protection of health or for the protection of the rights and freedoms of others and for the protection of nature in designated territories.
(4) Every citizen has the right to free entry into the territory of the Czech and Slovak Federal Republic. A citizen cannot be forced to leave his country.
(5) An alien may be expelled only in cases provided for by law.
(1) Freedom of thought, conscience and religion is guaranteed. Everyone has the right to change their religion or religion or to be without religion.
(2) The freedom of scientific research and artistic creation is guaranteed.
(3) No one can be forced to carry out military service if this is contrary to his conscience or his religion. Details shall be laid down by law.
(1) Everyone has the right to express his religion or faith freely either alone or together with others, privately or publicly, by worship, teaching, religious acts or by maintaining the ceremony.
(2) Churches and religious societies manage their affairs, in particular establish their bodies, establish their spiritual bodies and establish religious and other institutions independently of the state bodies.
(3) The law lays down the conditions for teaching religion in public schools.
(4) The exercise of these rights may be restricted by law if measures in a democratic society are necessary to protect public security and order, health and morality or the rights and freedoms of others.
Political rights
(1) Freedom of expression and the right to information are guaranteed.
(2) Everyone has the right to express their views in words, letters, print, image or in any other way, as well as to freely seek, receive and disseminate ideas and information, regardless of national boundaries.
(3) Censorship is inadmissible.
(4) Freedom of expression and the right to seek and disseminate information can be restricted by law if measures in a democratic society are necessary to protect the rights and freedoms of others, the security of the state, public security, the protection of public health and morality.
(5) State and local authorities are required to provide adequate information on their activities. The conditions and implementation shall be laid down by law.
(1) The right to petition is guaranteed; in matters of public or other common interest, each person shall have the right, on his own or with others, to contact the public authorities and local authorities with requests, proposals and complaints.
(2) Petitions must not interfere with the independence of the court.
(3) Petitions must not be called upon to infringe the fundamental rights and freedoms guaranteed by the Charter.
(1) The right to gather peacefully is guaranteed.
(2) This right may be limited by law in cases of assembly in public places, where measures in a democratic society are necessary to protect the rights and freedoms of others, to protect public order, health, morality, property or the security of the state. However, the assembly may not be subject to authorisation by a public authority.
(1) The right to join freely is guaranteed. Everyone has the right to associate with others in associations, companies and other associations.
(2) Citizens are also entitled to form and form political parties and political movements.
(3) The exercise of these rights may be restricted only in cases provided for by law, where this is necessary in a democratic society for the security of the state, for the protection of public security and public order, for the prevention 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.
(1) Citizens have the right to participate in the administration of public affairs directly or by free choice of their representatives.
(2) Elections must be held within the time limits not exceeding the regular electoral periods laid down by law.
(3) Election law is universal and equal and shall be exercised by secret ballot. The conditions for exercising the right to vote shall be laid down by law.
(4) Citizens have access to elected and other public functions on equal terms.
The legal regulation of all political rights and freedoms and its interpretation and application must enable and protect the free competition of political forces in democratic society.
Citizens have the right to oppose anyone who would remove the democratic order of human rights and fundamental freedoms established by the Charter if the activities of constitutional bodies and the effective application of legal means are prevented.
RIGHTS OF NATIONAL AND ETNIC MENS
Jurisdiction of any national or ethnic minority shall not be detrimental to anyone.
(1) Citizens making up national or ethnic minorities are guaranteed universal development, in particular the right to develop their own culture, the right to disseminate and receive information in their mother tongue and to join national associations. Details shall be laid down by law.
(2) Citizens belonging to national and ethnic minorities are also guaranteed under the conditions laid down by law
(a) the right to education in their language;
(b) the right to use their language in official contact;
(c) the right to participate in the resolution of matters relating to national and ethnic minorities.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
(1) Everyone has the right to free choice of profession and to prepare for it, as well as the right to engage in other economic activities.
(2) The law may lay down conditions and restrictions for the pursuit of certain professions or activities.
(3) Everyone has the right to raise funds for their life needs by working. Citizens who are unable to exercise this right without their guilt shall be provided by the State to a reasonable extent; the conditions laid down by law.
(4) The law may provide for a derogation for foreigners.
(1) Everyone has the right to associate freely with others to protect their economic and social interests.
(2) Trade unions are established independently of the State. It is unacceptable to limit the number of trade unions as well as to favour some of them in an undertaking or sector.
(3) The activities of trade unions and the creation and operation of other associations for the protection of economic and social interests may be restricted by law if measures in a democratic society are necessary to protect the security of the state, public order or the rights and freedoms of others.
(4) The right to strike shall be guaranteed under the conditions laid down by law; This right is not for judges, prosecutors, members of the armed forces and members of the Security Corps.
Staff members shall have the right to a fair remuneration for their work and to satisfactory working conditions. Details shall be laid down by law.
(1) Women, adolescents and people with disabilities are entitled to increased health protection at work and special working conditions.
(2) Youth and disabled persons have the right to special protection in working relations and to help prepare for the profession.
(3) The details are laid down by law.
(1) Citizens are entitled to adequate physical security in their old age and incapacity to work and in the event of loss of the provider.
(2) Anyone who is in material need is entitled to such assistance as is necessary to ensure basic living conditions.
(3) The details are laid down by law.
Everyone has the right to health protection. Citizens are entitled, under public insurance, to free health care and medical supplies under the conditions laid down by law.
(1) Parental and family are protected by the law. Special protection of children and adolescents is guaranteed.
(2) Special care, protection in labour relations and appropriate working conditions are guaranteed for women in pregnancy.
(3) Children born in and outside their marriage have the same rights.
(4) Childcare and childcare is the right of parents; children are entitled to parental education and care. Parents' rights may be restricted and underage children may be separated from their parents against their will only by decision of the court under the law.
(5) Parents who take care of children are entitled to State aid.
(6) The details are laid down by law.
(1) Everyone has the right to education. School attendance is compulsory for the period laid down by the law.
(2) Citizens are entitled to free education in primary and secondary schools, according to the abilities of the citizen and the possibilities of society also in universities.
(3) Establish schools other than state schools and teach them only under the conditions laid down by law; in such schools, education may be provided for remuneration.
(4) The Act lays down the conditions under which citizens are entitled to State aid in their studies.
(1) Rights to the results of creative mental activity are protected by law.
(2) The right of access to cultural wealth is guaranteed under the conditions laid down by law.
(1) Everyone has the right to a favourable environment.
(2) Everyone has the right to timely and complete information on the state of the environment and natural resources.
(3) In exercising their rights, no one may endanger or harm the environment, natural resources, species wealth of nature and cultural monuments above the standards laid down by law.
RIGHT TO THE COURT AND OTHER LEGAL PROTECTION
(1) Any person may seek, by a specified procedure, his or her right in an independent and impartial court and in specified cases in another institution.
(2) Those who claim to have been shortened on their rights by a decision of a public authority may refer the court to examine the legality of such a decision, unless otherwise provided for by the law. However, the review of decisions relating to fundamental rights and freedoms under the Charter shall not be excluded from the jurisdiction of the court.
(3) Everyone shall have the right to compensation for damage caused to him by an unlawful decision of a court, other public authority or public authority or by maladministration.
(4) The conditions and details are laid down in the law.
(1) Everyone has the right to refuse a statement if he or she would be in danger of prosecuting himself or someone close to him.
(2) Everyone has the right to legal aid in proceedings before courts, other national or public authorities, since the beginning of the proceedings.
(3) All participants are equal in the proceedings.
(4) Anyone who declares that he does not control the language of conduct has the right to an interpreter.
(1) No one may be removed from his legal judge. The jurisdiction of the court and the judge shall be governed by the law.
(2) Everyone has the right to have his case discussed publicly, without undue delay and in his presence, and to be able to comment on all the evidence carried out. The public may be excluded only in cases provided for by law.
Only the law sets out which conduct is a criminal offence and what punishment, as well as what other damage to rights or property, may be imposed for its commission.
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Regulation Information
| Citation | Resolution No. 2 / 1993 of the President of the Czech National Council on the publication of the Charter of Fundamental Rights and Freedom as part of the constitutional order of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1992 |
|---|---|
| Effective from | 28.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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