Act No. 297 / 2021 Coll.
Law on the provision of a lump sum to persons sterilised in violation of the law and amending certain related laws
Valid
Effective from 01.01.2022
297
THE LAW
of 22 July 2021
on the granting of a lump sum to persons sterilised in breach of law and amending certain related laws
Parliament has decided on this law of the Czech Republic:
PROVISION OF THE SINGLE MONETARY AMOUNT TO PERSONS STRILISED IN THE DIFFERENCE WITH RIGHTS
Subject matter
This Act regulates the conditions for granting a lump sum to persons who are legally sterilised and provides for certain details of the procedure for granting it and certain tasks to the Ministry of Health (hereinafter referred to as the Ministry).
Authorised persons
The authorised person is a natural person who has undergone sterilisation in contravention of the law during the period from 1 July 1966 to 31 March 2012 (the "relevant period ') in a medical establishment within the territory which is part of the territory of the Czech Republic.
Sterilisation contrary to law
(1) For the purposes of this Act, non-statutory sterilisation means a health exercise preventing fertility, the performance of which has not been granted consent by the person entitled to do so, or has given consent in the course of such an infringement of the legislation governing the performance of fertility prevention during the relevant period, or in such circumstances as exclude or seriously impair the freedom and simplicity of the consent granted.
(2) The infringement of the legislation and circumstances referred to in paragraph 1 shall mean, in particular, the involvement of an authorised person in the form of any coercive, coercive or persuasive action to submit to the performance preventing fertility, as well as the fact that the person entitled has not been informed in a comprehensible manner and to a sufficient extent of his or her health status and of the purpose, nature, expected benefit, possible consequences and risks of the proposed health performance, and other possibilities for dealing with the health situation, their suitability, benefits and risks.
(3) The conditions referred to in paragraph 1 shall be deemed to be fulfilled if, in connection with the performance of the fertility-prevention health performance, a benefit has been granted to the beneficiary under the social security rules, the provision of which has been linked to the undergoing of the fertility-prevention performance (1).
One-off cash amount
(1) The beneficiary is entitled to a lump sum of CZK 300 000 (hereinafter referred to as "claim").
(2) The claim must be applied to the Ministry no later than five years after the effectiveness of this Act, otherwise it will cease.
(3) The recognition of a claim shall not preclude the exercise of rights attaching to the person entitled by reason of interference with integrity under the general rules of civil law. A recognised claim for compensation or reasonable satisfaction shall be credited.
Procedure for entitlement
(1) The Ministry shall decide on the entitlement.
(2) The administrative rules shall apply to the procedure for granting entitlement, save as otherwise provided in this law.
(3) In proceedings under this law, the time limit for the decision shall be no more than 60 days.
(1) The application for entitlement must contain, in addition to the general requirements:
(a) an indication of the relevant facts of the case, in particular the identification of the healthcare establishment in which the performance preventing fertility took place, the date on which that exercise was carried out and the circumstances in which that performance took place;
(b) the marking of documents and other means of proof relied on by the beneficiary in support of his right;
(c) a bank account to which the Ministry is to point out the amount of money declared.
(2) State bodies, as well as legal and natural persons, are required, at the request of the Ministry, to provide the necessary synergies to establish the facts of the case without reasonable doubt, in particular to produce documents or other evidence. The invitation shall take the form of a resolution which shall be delivered only to the State authority or persons obliged to provide synergies.
(1) Persons authorised to carry out administrative tasks in management2) are entitled, in the exercise of their powers under this Act, to the extent necessary to fulfil the purpose of this Act, to consult and make extracts or copies of the health documentation kept on authorised persons.
(2) The person who keeps the medical file on the authorised person must send it to the Ministry within 15 days of the date of receipt of the written request. The time limit for the submission of the medical file shall not run for the duration of the period of time.
In the event of entitlement being granted, the Ministry shall make its payment within 30 days of the legal authority of the decision granting the entitlement.
Judicial review
(1) An administrative judicial action may be brought against the decision of the Minister for Health on decomposition.
(2) The person entitled may also be represented in the action by a legal person whose profits are not distributed and whose activities set out in the founding act include the protection of human rights and fundamental freedoms and the provision of legal assistance in connection with such protection; the legal person shall be treated as such by an authorised staff member or a member who has a university legal education which is required under the special rules for the execution of the lawyer (3).
For a period of 10 years from the date of application of this Act, the time limits for the publication of documents, the content of which may be significant in order to demonstrate the entitlement of beneficiaries under this Act, shall not run under the law on archiving. It is also not possible to discard and destroy health documentation containing records relating to the performance of fertility prevention during the period referred to in Section 2.
The Ministry is entitled to process personal data if necessary for the performance of its tasks under this Act.
(1) In order to exercise its competence under this Act, the Ministry is entitled to use the following reference data from the basic population register:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the day of death or the day of non-survival and the date on which the decision is acquired.
(2) In order to exercise its competence under this Act, the Ministry is entitled to use the following data from the population registration information system:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth, where born abroad, place and state;
(d) the address of the place of permanent residence, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served in accordance with specific legislation;
(e) depriving or restricting legal capacity;
(f) the date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(g) the date indicated in the court's decision on the death declaration as the day of death or, where appropriate, as the day which he did not survive.
(3) In order to exercise its powers under this Act, the Ministry is entitled to use the following information from the alien information system:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) the place and state where the alien was born; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(d) the type and address of the place of residence in the Czech Republic,
(e) depriving or restricting legal capacity;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(g) the date indicated in the court's decision on the death declaration as the day of death or, where appropriate, as the day which he did not survive.
(4) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case. Data kept as reference data in the population base register shall be used from the population registration information system or the alien information system only if they are in the form preceding the current situation.
Amendment of the Law on judicial fees
In Article 11 of Act No. 549 / 1991 Coll., on Judicial Charges, as amended by Act No. 271 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 217 / 1995 Coll., Act No. 209 / 1997 Coll., Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 628 / 2004 Coll., Act No. 357 / 2005 Coll., Act No. 72 / 2006 Coll.
"(o) actions for the provision of a lump sum to persons sterilised in breach of law."
Amendment of the Income Tax Act
Act No. 96 / 1993 Coll., Act No. 100 / 2004, Act No. 100 / 2004, Act No. 100 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 54 / 2004, Act No. 96 / 2004, Act No. 96 No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96 / 2004, Act No. 96, Act No. 96 / 2004, Act No. 2006, Act No. 2006, No 2006, Act No. 2006, Act No. 2006, Act No. 2006, No 2006 / 2004, Act No. 2006, Act No. 2006, No No. 2006, No. 2006, Act No. 2006, No. 2006, No. 2006, No. 2006, No.
"5. lump sums paid by the State to a person sterilised in breach of law, ';
Amendment of the Life and Existence Minority Act
In Article 7 (2) (h) (2) of Act No. 110 / 2006 Coll., on Life and Existing Minority, as amended by Act No. 261 / 2007 Coll., Act No. 129 / 2008 Coll., Act No. 85 / 2010 Coll., Act No. 73 / 2011 Coll., Act No. 329 / 2011 Coll., Act No. 366 / 2011 Coll., Act No. 458 / 2011 Coll., Act No. 399 / 2012 Coll., Act No. 401 / 2012 Coll., Act No. 390 / 2014 Coll., Act No. 377 / 2015 Coll., Act No. 540 / 2020 Coll., and Act No. 588 / 2020 Coll., and Act No. 344 / 2013 Coll., Act No. 252 / 2014 Coll.
EFFECTIVE
This Act shall enter into force on 1 January 2022, with the exception of Article 10, which shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) For example § 35 of the Decree of the Ministry of Health and Social Affairs of the Czech Socialist Republic No. 152 / 1988 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the Jurisdiction of the Bodies of the Czech Socialist Republic in Social Security, as amended.
2) Article 15 (2) of Act No. 500 / 2004 Coll., Administrative Regulation.
3) Section 5 of Act No. 85 / 1996 Coll., on the Advocate's Office.
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Regulation Information
| Citation | Act No. 297 / 2021 Coll., on the provision of a lump sum to persons sterilised in violation of the law and amending certain related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.08.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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