Act No. 273 / 2001 Coll.
Law on the rights of members of national minorities and on the amendment of certain laws
Valid
Law
Effective from 02.08.2001
273
THE LAW
of 10 July 2001
on the rights of members of national minorities and on the amendment of certain laws
PREAMBLE
Parliament of the Czech Republic as a democratic and legal state,
having regard to the right to a national and ethnic identity as part of human rights,
respect the identity of members of national minorities as individuals and groups, particularly showing their own culture, traditions or language;
having regard to the creation of a multicultural society and seeking the harmonious coexistence of national minorities with the majority population,
guarantees members of national minorities the right to effective participation in cultural, social and economic life and in public matters, in particular those concerning national minorities,
protecting the rights of members of national minorities in accordance with the international treaties on human rights and fundamental freedoms binding on the Czech Republic, the Constitution and the Charter of Fundamental Rights and Freedoms,
he has acted on this law of the Czech Republic:
ON THE RIGHTS OF NATIONALS 'NATIONALS
INTRODUCTORY PROVISIONS
Subject matter
(1) This law regulates the rights of members of national minorities and the powers of ministries, other administrative offices and local authorities (hereinafter referred to as "public authorities') in relation to them.
(2) The provisions of specific legislation governing the rights of members of national minorities are without prejudice to this law.
Definition of basic terms
(1) A national minority is a community of citizens of the Czech Republic living in the territory of the current Czech Republic, who are usually distinguished from other citizens by their common ethnic origin, language, culture and traditions, constitute a numerical minority of the population and at the same time express their will to be considered a national minority in order to maintain and develop their own selfishness, language and culture, while at the same time expressing and protecting the interests of their communities that have historically formed.
(2) A national minority is a citizen of the Czech Republic who applies to a non-Czech nationality and wishes to be considered a national minority together with others who claim the same nationality.
RIGHTS OF COMPETENT AUTHORITIES
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 minority, to exercise their rights under this law, specific legislation or international human rights and fundamental freedoms treaties by which the Czech Republic is bound.
(2) The exercise of the rights of members of national minorities must not be restricted or prohibited.
Free choice of membership of a national minority
(1) No harm must come to anyone from belonging to a national minority.
(2) Public authorities do not keep records of members of national minorities. The acquisition, processing and use of personal data concerning membership of a national minority shall be governed by the provisions of specific legislation. 1) Data on the nationality acquired by these authorities in the census or under any other special law which allows the establishment of membership of a national minority shall not be used for any purpose other than that for which they were collected and stored and shall be destroyed after statistical processing.
Right of association of members of a national minority
Members of a national minority may be associated in national associations as well as in political parties and political movements under conditions and in the manner laid down by specific legislation.2)
Right to participate in dealing with matters relating to a national minority
(1) Members of national minorities shall have the right to participate actively in cultural, social and economic life and in public matters, in particular those concerning national minorities of which they are members, at local, regional and national level.
(2) The right referred to in paragraph 1 shall be exercised by members of national minorities, in particular through committees on national minorities established under special legislation, 3) and the Government Council on national minorities (hereinafter referred to as the Council).
(3) The Government establishes the Council as its advisory and initiative body on issues relating to national minorities and their members. It is headed by a member of the government.
(4) The members of the Council are representatives of national minorities and representatives of public authorities, with at least half of the members of the Council being representatives of national minorities who have been proposed by associations of members of national minorities.
(5) The Council is responsible for:
(a) to ensure the preparation of government measures concerning the rights of members of national minorities in the Czech Republic;
(b) to comment on draft laws, on proposals for government regulations and on measures relating to the rights of members of national minorities before submitting them to the Government;
c) prepare for the Government summary reports on the national situation in the Czech Republic;
(d) prepare recommendations for government or ministries or other administrative offices to ensure the needs of members of national minorities, in particular in the fields of education, culture and media, the use of the mother tongue, social and cultural life;
(e) cooperate with the authorities of the local authorities in the practical provision of national policy to the State;
(f) propose the distribution of funds spent by the State budget to support the activities of members of national minorities.
(6) Details of the composition of the Council, the method of appointing the members of the Council and the activities of the Council are laid down in the Statute of the Council, approved by the Government.
(7) The Regional Office manages and coordinates, in its administrative area, the performance of the tasks of the State Policy section to facilitate the integration of Roma community members into society.
(8) The municipal authority of the municipality with extended competence in its administrative district shall carry out tasks to facilitate the exercise of the rights of members of the Roma community and the integration of members of the Roma community into society.
Right to use a name and surname in the language of a national minority
Members of national minorities shall have the right to use their names and surnames in the language of the national minority under the conditions laid down in specific legislation.4)
Right to multilingual names and designations
(1) Members of national minorities who have traditionally and long-term lives in the Czech Republic have the right to have the name of the municipality in which they live, the names of its parts, streets, other public spaces, the names of the buildings of public authorities and electoral rooms also indicated in the language of the national minority.
(2) The conditions for the exercise of the right referred to in paragraph 1 and the manner in which the multilingual names and designations are given shall be laid down in specific legislation. 5)
Right to use the language of a national minority in official contact and before courts
Members of national minorities who live traditionally and for a long time in the Czech Republic have the right to use the language of a national minority in official contact and before courts. The conditions for the exercise of this right are laid down in specific legislation. 6)
Right to use the language of a national minority in electoral matters
Under the conditions laid down by the specific legislation7), members of national minorities who live traditionally and for a long time in the Czech Republic have the right to publish a notice of the time and place of election and other information for voters in the language of national minorities.
Right to education in the language of a national minority
(1) Members of national minorities who live traditionally and for a long time on the territory of the Czech Republic have the right to education and education in their mother tongue in schools, preschool establishments and educational establishments under the conditions laid down in specific legislation. 8)
(2) Members of national minorities referred to in paragraph 1 may, under the conditions laid down in specific legislation8) establish:
(a) private schools with the language of a national minority or with the language of a national minority as a subject of instruction;
(b) private pre-school establishments and private school establishments.
Right to the development of culture of members of national minorities
(1) Members of national minorities have the right to maintain and develop their language, culture and traditions and to respect them.
(2) The State creates conditions for the conservation and development of the culture, traditions and languages of members of national minorities who have traditionally and long-term lives in the Czech Republic; It mainly supports programmes aimed at theatres, museums, galleries, libraries, documentation and other activities of members of national minorities. To this end, it provides subsidies from the State budget; the conditions and arrangements for granting subsidies shall be laid down by the Government by regulation.
Right to dissemination and receipt of information in the language of a national minority
(1) Members of national minorities shall have the right to spread and receive information in the language of their national minorities.
(2) The State supports the conservation and development of culture, traditions and languages of issuing periodical and non-periodical printing published in the languages of national minorities that traditionally and for the long term live in the territory of the Czech Republic, and radio and television broadcasting in the languages of national minorities that traditionally and for the long term live in the territory of the Czech Republic. To this end, it provides subsidies from the State budget; the conditions and arrangements for granting subsidies shall be laid down by the Government by regulation.
(3) The creation and dissemination of radio and television programmes in relation to nationals of national minorities by law provides for specific legislation for operators. 9)
The scope laid down by the Regional Office or the Municipal Office of the municipality with extended competence under this Act is the exercise of the delegation.
Amendment to the Municipality Act
Act No. 128 / 2000 Coll., on municipalities (municipal establishment) is amended as follows:
1. In Paragraph 29 (2), the figure "20 'is replaced by" 10' and the figure "50 'is replaced by" 40'.
2. In the first sentence of Paragraph 117 (3), the figure "15 'is replaced by" 10', at the end of the second sentence, the dot is replaced by a semicolon and the text "However, members of national minorities must always be at least half of the members of the committee 'is added.
Amendment of the Regional Act
In § 78 (2) of Act No. 129 / 2000 Coll., on counties (regional establishment), the figure "10 'is replaced by the figure" 5', the words "to the same nationality other than Czech 'are replaced by the words" to the nationality other than Czech' and at the end of the sentence of the second sentence the dot is replaced by a semicolon and the words "but always members of national minorities must form at least half of all members of the committee '.
Amendment to the Prague Capital Act
In § 78 (2) of Act No. 131 / 2000 Coll., on the capital city of Prague, the first figure "15" is replaced by the figure "5," at the end of the sentence the dot is replaced by a semicolon and the text "members of national minorities must always be at least half of the members of the committee."
Amendment of the municipal election law
In Article 31 of Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws, paragraph 3 is added, including footnote 10a):
"(3) In a municipality in which a committee on national minorities is set up under a special law, 10a) the decree referred to in paragraphs 1 and 2 shall also be issued in the language of the relevant national minority.
10a) § 117 (3) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 273 / 2001 Coll. '
Amendment to the Regional Council Act
In Article 27 of Act No. 130 / 2000 Coll., on elections to regional councils and amending certain laws, the following paragraph 3 is added:
"(3) In the region in which the Committee on National Minorities is set up under the Special Act 18a), the notification referred to in paragraphs 1 and 2 shall also be published in the language of the national minority concerned.
18a) § 78 (2) of Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll. '
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
v. Špidla v. r.
1) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
2) Act No. 83 / 1990 Coll., on the association of citizens, as amended. Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended. Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve. Act No. 221 / 1999 Coll., on professional soldiers, 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 Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll. Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended.
4) Act No. 301 / 2000 Coll., on Matrices, names and surnames and on the amendment of certain related laws.
5) Act No. 128 / 2000 Coll., as amended by Act No. 273 / 2001 Coll.
6) § 18 of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 30 / 2000 Coll. § 7 of Act No. 335 / 1991 Coll., on Courts and Judges. § 2 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended. § 33 of Act No. 182 / 1993 Coll., on the Constitutional Court. Section 12 of Act No. 563 / 1991 Coll., on Accounting. § 46a of Act No. 202 / 1990 Coll., on Lottery and other similar games, as amended by Act No. 149 / 1998 Coll. § 3 of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended by Act No. 35 / 1993 Coll. and Act No. 255 / 1994 Coll.
7) Act No. 152 / 1994 Coll., on elections to councils in municipalities and amending and supplementing certain other laws, as amended. Act No. 130 / 2000 Coll., on Regional Councils and on the amendment of certain laws, as amended by Act No. 273 / 2001 Coll. Act No. 247 / 1995 Coll., on elections to Parliament of the Czech Republic, as amended.
8) Act No. 76 / 1978 Coll., on school establishments, as amended. Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended. Act No. 564 / 1990 Coll., on Public Administration and Self-Government in Education, as amended.
9) Act No. 483 / 1991 Coll., on Czech Television, as amended. Act No. 484 / 1991 Coll., on Czech Radio, as amended.
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Regulation Information
| Citation | Act No. 273 / 2001 Coll., on the Rights of Members of National Minorities and on the Amendment of Certain Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2001 |
|---|---|
| Effective from | 02.08.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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