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Comments on the Report of the Czech Republic on the Implementation of the International Covenant on Civil and Political Rights 1 Submitted by the Counselling Centre for Citizenship/Civil and Human Rights

Executive Summary

The Counselling Centre for Citizenship/Civil and Human Rights ("CCC/CHR"), a non governmental human rights organization based in Prague, respectfully submits written comments concerning the Czech Republic for consideration by the Committee on the Elimination of Racial Discrimination ("the Committee").

We are aware of the efforts undertaken within the government of the Czech Republic to comply with its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination ("the Convention"), as detailed in its report to the Committee ("Report"). However, these measures have proven insufficient to ensure the effective implementation of the Convention, particularly with respect to Articles 2, 3, 5 and 6.

Regarding Article 2, despite its obligations under the Convention, the Czech government has failed to implement legislation prohibiting racial discrimination and providing an effective remedy to victims of discrimination. In fact, the only remedies directly attacking racial discrimination which are available to victims are administrative proceedings that are ineffective.

Regarding Article 3, the Czech government continues to tolerate segregation of the Roma, specifically in housing. Roma ghettos are becoming more and more prevalent despite international concern. The inaction of the Czech government indicates that they are not only willing to tolerate segregation but that they support it.

Regarding Article 5, the Czech government has failed to ensure the Roma and other racial minorities equal protection of the law. The Roma suffer widespread discrimination in the criminal justice system and often receive longer or harsher sentences than non-Roma and are not afforded the same opportunities for alternative sentencing and parole. They face discrimination in access to employment and experience day-to-day segregation as they are excluded from restaurants, swimming pools, discotheques and other public places. The segregation of Roma children in special schools, where they are provided only with second rank education, continues and the Czech government remains inactive in the matter. The Czech government also failed to establish effective legal remedies for children and their parents who wish to challenge the decision of state authorities to place the child in a special school. Discrimination in the criminal justice system, employment, education and access to public places continue to plague the Roma population, promoting racial segregation and intolerance with little effort from the government to remedy the problems.

Regarding Article 6, the Czech government has failed to provide effective protection and remedies against acts of racial discrimination, to protect the rights of victims and their rights to reparation. According to Czech law, there are very limited legal remedies for victims of discrimination to seek recompense against their attackers or discriminators. There are currently lacking legal rules which would regulate sanctions in cases of discrimination and the Czech government is not taking the necessary action to remedy this problem.

In view of these inadequacies in the current law, policy and practice, the Czech government should adopt and implement procedures and legislation making racial discrimination illegal while safeguarding the right to access to housing, employment, education and services on a non-discriminatory basis. The provisions should provide for civil and criminal remedies for victims of racial discrimination and for effective measures to prevent and punish manifestations of racial bias in the criminal justice system. The Czech government should take action to remove discrimination in access to jobs, education and public services while strengthening all legal and institutional tools and mechanisms for combating all forms of discrimination in labour market, school system and access to public places.


Expertise and Interest of the CCC/CHR

The Counselling Centre for Citizenship/Civil and Human Rights is a non governmental organization that monitors the observation of human rights in the Czech Republic and draws attention to human rights violations. Since July 1996, the organization implemented programs for the promotion of rights of minorities and foreigners and pointed out problems of discrimination to the government and community and proposed solutions to these problems. The main scope of organization's activities focuses on problems of the Roma minority in the Czech Republic. CCC/CHR published numerous reports and submissions regarding the citizenship law and its amendment, the residency law and the law on aliens. Additionally, the organization advocates for the promotion and respect of broader application in Czech law of international human rights treaties to which the Czech Republic is bound. The activities of the CCC/CHR are based on projects funded by the Open Society Institute, the Open Society Fund, the UNHCR Prague and the Know How Fund of the British Embassy and the Fund of the Canadian Embassy.

We welcome the opportunity for the Committee to utilize our report in analysing where the government of the Czech Republic has failed to fulfil its commitments under the International Convention on the Elimination of All Forms of Racial Discrimination.


Discussion


Article 2 Prohibition of racial discrimination

A review of the status of the Czech Republic as well as the report submitted by the government makes it clear that the Czech government has failed "to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms . . . " (Art. 2(1) of the Convention). In the Czech Republic, there is a lack of specific provisions prohibiting racial discrimination as guaranteed by the Czech Constitution and the Charter of Fundamental Rights and Freedoms and there is a lack of effective remedies for victims of racial discrimination. The government has not taken the necessary steps to remedy these problems.

Despite the constitutional provisions and international treaties that have priority before the domestic law according to Article 10 of the Czech Constitution, the government has failed to implement specific provisions prohibiting or penalizing discrimination in many instances including social services, housing, health care and the judicial system. In these situations, there are no prohibitions against or remedies for racial discrimination. The legal mechanisms that make racial discrimination illegal do not even define what behaviour constitutes as racial discrimination.

The only specific provisions in the Czech Republic regarding discrimination in services are the laws on customer protection 2 in connection with the law on Czech Commercial Inspection 3 - and the law on employment 4 which amendment concerning discrimination was just implemented on October 1, 1999. 5 However, both of these laws are inadequate to address the problem of widespread racial discrimination. The law on customer protection attempts to address racial discrimination by prohibiting discrimination but it fails to define what is meant by the term. This initial problem is coupled by the fact that there is no personal remedy according to the law for people who are victims of discrimination, thereby discouraging the filing of complaints. Instead, if a victim reports racial discrimination under the consumer protection law, the Czech Commercial Inspection ("CCI") then decides whether or not to act on the complaints. If they decide to act, CCI conducts a study by sending their inspectors to the discriminating entity to see whether or not the inspector is discriminated against. CCI only finds discrimination if one of their inspectors is subjected to discrimination; however, there are only four Roma inspectors in the entire country and racial discrimination against a non-Roma inspector would rarely, if ever, occur. Therefore, according to statistics produced by the CCI, from 1996 to 1999, the complaints of racial discrimination by Roma were confirmed in only 3 cases out of 43 filed complaints.

The only other remedy for racial discrimination is to make a complaint directly to the Trade License Office ("TLO"). However, this is also an administrative procedure that again provides no personal remedy for the victim; after the complaint, the victim is not involved in the procedure. Instead, the TLO makes its own inquiry into whether or not the trade laws have been infringed. In the cases where violation of trade law is found, the TLO can take away the trade or business license of the person or entity. However, not only has a license never be revoked under this provision but the TLO has never suspended a license on this basis or even threatened to revoke or suspend a license based on complaints of racial discrimination. The initial problem is that this provision in under-utilized. However, under this administrative procedure, the next problem is that, even if the discriminator was warned or fined, there is no organization to rule on or guarantee the basic human rights of the complainant. Victims of racial discrimination could file a complaint to the TLO under legal provisions other than the licensing law, such as directly invoking CERD, but they would still not be compensated for their damages.

Another widespread problem which is tolerated, if not condoned by the Czech Ministry of Finance, is the charging of higher and even double prices for foreigners at establishments such as hotels, restaurants and museums throughout the Czech Republic.

The Czech government proposes establishing a special administrative bureau for racial discrimination. However, an administrative bureau would not be an appropriate means of remedying the problem. Because victims of racial discrimination are not allowed to have their rights determined in these administrative entities, there is little or no incentive for filing a complaint and seeking justice. Therefore, the remedy for victims of racial discrimination must be in the courts and not in an administrative agency.

Article 3 Prohibition of racial segregation and apartheid

The Czech government has failed to comply with its obligation to "condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction." Throughout the Czech Republic, Roma ghettos form, as the Roma population becomes more isolated and segregated from the rest of society. The Czech government has failed to take action to prevent this and even condones this segregation by its failure to act.

The failure of the Czech government to prevent or remedy racial segregation is epitomized by the building of a wall on Matiční street in Ústí nad Labem between the Roma housing and non-Roma housing. Based on the decision of local authorities 6, a Roma ghetto was quarantined from the rest of the neighbourhood by the construction of a two-meter wall that separated the Roma ghetto from non-Roma family houses 7. Since the decision to build the wall was first announced, the international community insisted that this type of racial segregation was a violation of international law and asked the Czech government to take action to annul the construction plans.

However, the response of the Czech government was inadequate. As the negotiations of the Czech government with Municipality transpired, it became apparent that the political opposition decided to use the event in order to improve its political scores. The Neštěmice Municipality found themselves backed by the second strongest party in the Czech Republic, the conservative Civil and Democratic Party (ODS), who have the majority in the Czech Parliament. ODS supported the claim of Neštěmice Municipality that the solution of Matični street problem is exclusive competency of Municipality, and denied the competency of government to intervene. The fact that the issue involving minority rights was used as a tool in political competition, improved the already strong position of the Municipality in the negotiations, and contributed to intensify the problem of segregation. Therefore, the Czech government failed to take action to prevent the construction of the wall although they were legally empowered to do so. Instead, despite international concern, racial segregation prevailed and the Municipal government excommunicated the Roma from the rest of society; the Czech government stood by while this racial segregation transpired.

Finally, in November 1999, the Czech government removed the wall and helped the non-Roma to move by agreeing to buy their houses, converting the area into an all-Roma neighbourhood. The Ministry of Interior donated 10 million Czech crowns to the project (expenses connected with purchase of houses, demolition of the wall and further investment). Instead of addressing the problem of segregation, the Czech government contributed to it by helping the non-Roma move and converting the area into an all-Roma neighbourhood.

Similar Roma ghettos have been formed under the authority of the state in the form of "Holobyty". Holobyty is a form of "housing for socially unadaptable" which appears to have been designed to make living extremely uncomfortable for those who fail to pay the rent (including the cases where such a failure is caused by low income) and for those against whom complaints, such as noise, messiness and overcrowding, are made. Holobyty are generally isolated from the cities by lack of public transportation and they have no gas, no warm water and other amenities such as bathing facilities or toilets are usually available to be shared by all in the building and often times for a fee. The municipalities create this housing in order to disperse the Roma population and the unclear procedures that surround access to housing allows the municipalities to take advantage of the fact that the Roma do not know the laws. Generally, all of the inhabitants of the Holobyty are Roma.

According to Romani advisor of District office in Kladno, Holobyty in Slaný (Kladno district) are solely inhabited by Roma. The complex in Ouvalová Street, commonly known by the rest of the town as "Mexiko," accommodates approximately 12 families, or about 80 people. The Roma were moved to the complex due to their inability to pay the rent, resulting from their endemic unemployment and their inability to receive any social benefits during the time when they did not have Czech citizenship 8. Residents in "Mexiko" are obliged to give up basic tenancy rights; they must agree to allow any person appointed by an owner of the building (Municipality of Slaný) access to the building at any time in order to perform a preventative control of the housing and its equipment. They are also not allowed to have any visitors in the building 9. In other words, only the resident, the administrator, and the appointed representatives of the owner, for example the Municipality Police, have access to the building 10.

Resting on a foundation of segregation, the Holobyty system not only denies Roma their basic rights but also forces them to bear the social costs of their victimization. Even though the Roma were often moved to this complex because they were unable to pay their rent elsewhere, the rent is astronomical. Residents of "Mexiko" pay 11 between 510 12 and 1,080 13 Czech crowns per person a month 14, not including gas or electricity; the average state-subsidised housing in the Czech Republic is 1,400 15 crowns per flat a month. In addition to high rent, there is no central heating in this complex; therefore, electric bills are often high in order to cover the expense of running electric heaters and there is no hot water. The rent also does not include facilities which must be paid for separately: laundry costs 13,- Ck per 1 use and is only open on Tuesdays and Thursdays between 8 a.m. and 12 a.m. and use of the bathroom costs 7,- Ck per person per 1 use and is only open on Monday and Friday between 5 p.m. and 7 p.m. and Saturday between 3 p.m. and 5 p.m 16.

Racial segregation such as that of "Mexiko" creates a harsh and extremely disadvantaged environment. Because of racial segregation Roma are condemned to a social environment where poverty and unemployment are the norm, most families are on welfare, infrastructure is inadequate, families are fragmented, educational failure prevails, crime and violence are rampant, and social and physical deterioration abound. And because of this social condition and the fact that they are unable to afford adequate housing and the government will not provide them with such, the Roma are unable to move from these ghettos.

There are many other instances where the government has forced Roma into ghettos where the housing is of disparate condition and quality deemed unacceptable for living. For example, in Ostrava, floods in the summer of 1997 heavily damaged the Hrušov area of the city (Slezská Ostrava). Before the floods, the area was a mixed Roma/non-Roma, lower income neighbourhood. But shortly after these initial floods, the Main Office of the Architect of the City of Ostrava deemed the area of Lower Hrušov completely unacceptable for housing and recommended that the buildings be demolished and the area condemned because of the flood damage and the risk of future floods. Instead, the city converted the area into a Roma ghetto.

After the floods, the residents of Lower Hrušov applied for housing transfer. The Municipality gave non-Roma residents priority for transfer regardless of the condition of the housing. For example, if a Roma family lived on the first floor and a non-Roma family lived on the fourth floor, the non-Roma family would be transferred even if the floods damaged the first floor apartment more extensively. Even Roma who were granted a transfer were often only transferred to other flats within Hrušov while non-Roma residents were transferred to housing in other parts of the city. Three years after the initial floods, approximately one hundred fifty Roma families (500 people) continue to live in Hrušov despite the inhumane conditions and the fact that the city itself banned the area for human habitation.

Article 5

Article 5(a) The right to equal treatment before the tribunals and all other organs administering justice

The Czech government fails to ensure the right of equal treatment before the tribunals and other organs of justice. Not only is access to the justice system of civil rights violated by racial discrimination weak, equal treatment in the criminal justice system does not exist.

The Roma in the Czech Republic enter the criminal justice system in a disproportionate numbers compared to their percentage in the population17. Once Roma enter the system, they often receive higher sentences than non-Roma for the same crimes committed and they are not given suspended sentences in situations where non-Roma do receive suspended sentences; they are often not afforded alternative punishment, such as community service, which is available to non-Roma. With respect to their non-Roma counterparts, Roma are placed into pre-trial custody more frequently. For example, the preliminary conclusions of a research carried out on this problem by a non governmental organization Tolerance and Civil Society indicate that in a crime such as petty theft - Article 247 para 1 17 -- when the same circumstances surround the crime (for instance, damage caused, number of indictments and charges and the nature of those charges), the defendant (for instance, defendant's age, gender, education, employment, family information, prior criminal activity, aggravating and mitigating circumstances, and the like) and the criminal procedure (for instance, defendant represented by a council), 80% of Roma were placed into pre-trial custody while only 57% of non-Roma in the same position were placed into pre-trial custody 18. One of the result of being prosecuted in custody is that once placed into pre-trial custody, the court is less likely to find Roma innocent for fear that the court would not have to pay damages for time wrongly spent in pre-trial custody. Likewise, once they are convicted, Roma are less likely than non-Roma to be released on parole.

Article 5(b) Right to a security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution.

Racially motivated violence (physical and verbal attacks) is the most open form of racism directed towards the Roma. As highlighted in the report submitted by the Czech government 19, racist attacks against minorities are prevalent and judicial reaction to the crimes is unsatisfactory. According to the statistics of the Ministry of Justice, Ministry of Interior and Bureau of Investigation for the Czech Republic, number of racially motivated crimes is substantially increasing. For example, in 1999, the number of reported cases increased from 157 to 198, crimes from 285 to 371. Although the increase could reflect the higher level of identification and prosecution of these attacks, it is also probable that the number of these crimes in the recent year have increased.

The current situation of repressing action against racially motivated crimes is highly unsatisfactory. Roma who are victims of racial crimes are often treated as the perpetrators of the crimes and their testimony, concerns and basic human rights are dismissed. Czech authorities usually only view crimes as racially motivated if the perpetrators are overheard using racist language but since they also tend to dismiss the testimony of the victims, many racially motivated crimes go unpunished. There is no redress of the victims of these crimes against their attackers or against the government agency that fails to recognize the problems.

Article 5(e) Economic, social and cultural rights

Discrimination in employment is widespread in the Czech Republic despite the recent labour law passed making racial discrimination in employment illegal 20. Once again, the government failed to define racial discrimination making its recognition and elimination impossible. The government did not take action to educate employers, employees or applicants for employment of the existence of the new law, of the terms of the law and of the remedies for violation of the law. No affirmative action measures were implemented. Without public awareness and more extensive measures to ensure racial equality, the law will prove completely ineffective.

One measure that the Czech government should consider is implementing a monitoring system that which could provide statistical data on discriminatory behaviour towards Roma in employment. By discovering the extent and dimension of discrimination in employment, the government would then be able to address these problems and take action to prevent discrimination. Currently, no such data exists, making it difficult, if not impossible, to remedy the problems. Such data would be helpful in implementing effective affirmative action, which would address the long-term unemployment of Roma, something the government has currently failed to do. As a result, many Roma, who are unemployed for extended periods of time, are not entitled to unemployment benefits because they have been unemployed for too long.

Racial discrimination in employment is easily disguised by the excuse that the Roma are not qualified for employment. But the reason that the Roma may not be qualified for employment is because of widespread discrimination against the Roma in education. Although the reasons of factual segregation of Roma children at special schools are widely known and recommendations were repeatedly articulated by governmental as well as non governmental studies and reports 21, the Czech Republic has yet to develop active measures to combat the educational segregation.

The current system of education in the Czech Republic result in most Roma leaving schools without completed elementary education or receiving lower quality education at special schools. Special schools are officially defined as established for children "with intellectual deficiencies such that they cannot successfully be educated in basic schools, nor in basic special schools." 22 Regardless of this, more than half of special school attendants are Roma children and from two to three thirds of Roma children are placed in special schools during some point of their basic school attendance. 23 The state administrates the system of pedagogic and psychological centres that apply sets of intelligence tests anticipating the cultural background typical for the majority with strong ethnocentric character. The failure of Roma child 24 in these tests is considered as legitimate evidence of child's mental incapacity, sealing the decision of the authorities to place the child into a special school.

The state authorities often defend this practice with parental consent to transfer the child. However, it is the state, not the parents, who place the children into second class educational system. The possibility to refuse consent cannot be considered as effective remedy against the power of the state authority. In a number of cases, the parents give their consent because Roma children feel more comfortable in special schools where the teachers have experience with education of Roma children and children are spared the verbal or physical, racist attacks they would face in normal schools. The mechanism of segregation is further multiplied by the fact that both unfinished education at the basic school and finished or unfinished education at special schools effectively prevent Roma children from receiving higher education or re-qualification courses offered by the state. Subsequently it causes high unemployment levels within their ranks.

In December 1999, the Czech Parliament approved the amendment of the School Law 25 that acknowledged the right of all children who completed the basic education to enter higher school system regardless of whether they accomplished elementary school or special school. This legislation was formally introduced as an effective measure balancing the unequal chances of Roma children placed to special schools. In fact, its real effect is more than questionable. Many Roma (from both special and elementary schools) have not accomplished the basic education that allows them to benefit from the amendment. The education provided in special school system is far from satisfactory to prepare the children for successful education in a higher school system. Moreover, the amendment did not establish any subsidiary forms of balancing education in order to equalize the chances of special school attendants with those from elementary schools in the higher educational system and ensure the effective access of Roma children to higher education.

The official diagnostic tests evaluating educational ability and intelligence have not been modified in order to prevent cultural ethnocentrism: so far no special tests exist that would respect the different cultural background of Roma children. Additionally, the state does not provide any effective (and even procedural) remedies for parents who wish the official decision to place their child into a special school to be reviewed by an independent body or to have their child tested by independent specialist. The state limits the factual remedies available to the transfer of the child to some other school or class. 26

Article 6 Right to effective protection and remedies against any acts of racial discrimination and right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination

The Czech government has failed to meet its obligation under Article 6 to ensure effective protection and remedies against acts of racial discrimination, to protect the rights of the victims and their rights to reparation. As mentioned above in the discussion of Articles 2 and 5(b), there is little protection against discrimination and there are no effective remedies according to Czech law for victims of discrimination. Victims of discrimination can only receive reparation or damages under provisions of the Civil Code on Personal Dignity Damage 27. Czech law does not provide victims of discrimination with the opportunity to present their case to an impartial tribune or have their rights determined; if human rights are violated by racial discrimination, there is no remedy to compensate the victims and no legal rules providing for sanctions against the discriminator. 28

Notes:
1 Periodic Report IV, Regular date for submission: 22 February 2000
2 Law No. 634/1992 of Collection of Laws, Law on Protection of Consumer in accordance to later changes and amendments
3 Law No. 425/1992 of the Collection of Laws, Law on Czech Commercial Inspection in accordance to later changes and amendments
4 Law No. 1/1991 of the Collection of Laws, Law on Employment in accordance to later changes and amendments
5 Law No. 167/1999 of the Collection of Laws, Amendment to the Law No. 1/1991 on Employment
6 Decision of Municipality and the City Council of District Neštěmice from September 15, 1998
7 The municipality and City Council began building the wall on October 5, 1999 and completed it on October 13, 1999.
8 On social problems connected with not obtaining the Czech citizenship, see, for example, Pavla Boučková, Miloš Valášek: "Slovak citizens in the Czech Republic and Permanent Residence," Správní právo 2/1999; The Czech Helsinki Committee Annual Report on Human Rights in the Czech Republic 1997 and 1998, the Czech Helsinki Committee.
9 paragraph 2 of the Appendix to the Contract
10 paragraph 8 of the Appendix to the Contract
11 Note that under the current law on life minimum (the Law No. 463/1991of the Collection of Laws, the Law on Life Minimum) as subsequently amended and in accordance with the Governmental Order from March 8, 2000, the life minimum for persons other than dependant children is 2,190,- Ck per month. The sum equals 59 USD.
12 This sum equals 13.78 USD
13 This sum equals 29.18 USD
14 paragraph 5 of the Appendix to the Contract
15 This sum equals 37.83 USD
16 paragraph 5 of the Appendix to the Contract
17 the Romani minority in the Czech Republic belongs to the lowest social level, with high unemployment, a low level of education, and, compared to the total population, a disproportionately high crime rate." Report on the Situation of the Romani Community in the Czech Republic and Government Measures Assisting its Integration in Society, 1997
18 The Article 247 para 1 of the Criminal Code reads as follows:
"§ 247
Theft
(1) Anyone who seizes someone else's thing by occupying it and
a) causes thus a not insignificant damage;
b) commits the act by breaking and entering;
c) immediately after the act tries to keep the thing by force or threat of immediate violence;
d) commits the act against a thing that someone else wears or carries;
e) who was sentenced or penalised for the same offence in the last three years
shall be penalized by imprisonment of up to two years or by a fine or by forfeiture of a thing.
(2) The offender shall be penalized by imprisonment ranging from six months to three years if he causes not small damage by an act specified in paragraph 1.
(3) The offender shall be penalized by imprisonment ranging from two to eight years
a) if he commits an act specified in paragraph 1 as a member of an organized group;
b) if he causes substantial damage or another especially serious effect by such an act.
(4) The offender shall be penalized by imprisonment ranging from five to twelve years if he causes extensive damage by an act specified in paragraph 1." (official translation)
19 Ongoing research of Tolerance and Civil Society, Citizens Assembly within the First Step Project. Final report on the project and its findings will be available by October 2000.
20 See submitted Report of the Czech Republic, discussion to the Article 5/ 2 ii), relevant paragraphs 71 - 85
21 The Law No. 167/1999 of the Collection of Laws, Amendment of the Law No. 1/1991 of the Collection of Laws, Law on Employment as subsequently amended. General obligation of the Labour Department to control the fulfilment of the Law is set in Article 26 of the Law on Employment but there is no specification of damages for a violation of racial discrimination.
22 See Conception of Roma Integration of the Czech Government, 2000 (unpublished); Report on Current Situation of Roma Communities - Attachment to Conception of Roma Integration, 2000; European Roma Rights Centre: A Special Remedy, Country Reports Series, No.8., 1999; Guidelines Relating to the Eligibility of Czech Roma Asylum Seekers, UNHCR, November-1999.
23 Law No. 29/1984 of the Collection of Laws on the System of Elementary Schools, High Schools and Higher Vocational Schools (the School Law), Article 31 para 1
24 European Roma Rights Center: A Special Remedy, Country Reports Series, No.8., 1999, p. 22
25 On of the reasons for the failure is that most Roma children enter the school system with limited knowledge of teaching language and with insufficient vocabulary with differently defined word meanings. At the same time, teachers lack special training to help children to balance the disadvantages of different cultural background and propose the special school education. 26
26 Law No. 19/2000 of the Collection of Laws, on Amendment of the Law No. 29/1984 of the Collection of Laws on the System of Elementary Schools, High Schools and Higher Vocational Schools (the School Law)
27 Under a current system, parents resisting the transfer of their child to special school often condemn the child to unpleasant experience of everyday school life with a teacher who proclaimed him/her as unfit for normal education. The School offices, in controlling capacity for the schools in their district, are not competent to revise the decisions of school based on the conclusion of psychologist, also chosen by the school in decision capacity.
28 Relevant provision of the Civil Code (the Law No. 40/1964 of the Collection of Laws, as subsequently amended) is Article 11 that reads as follows:
"Every individual (natural person) has the right to protection of hispersonhood (personality), in particular his life and health, civic honour and human dignity, as well as his privacy, his good name and expression of a personal nature." (official translation) .