1

Review Report

on Follow-up to the World Summit for Children

Czech Republic

Contents

Page

Introduction……………………………………………………………………………………….3

1. Adoption and Dissemination of the Convention on the Rights of the Child ………. 3

1.1. Dissemination of Convention at Elementary and Secondary Schools……6

1.2. Educating Professional Groups on the Rights of the Child…………………6

1.3. Cooperation with NGOs……………………………………………………………7

2. Health of Children…………………………………………………………………………….. 8

2.1. HIV/AIDS…………………………………………………………………………….11

3. Nutrition………………………………………………………………………………………..11

4. Children in Especially Difficult Situations……………………………………………….12

4.1. Health Disabled Children…………………………………………………………12

4.2. Other Disadvantaged Population Groups…………………………………….14

4.3. Children of Migrating Persons, Refugees, Children without Citizenship..14

4.4. Protection against Exploitation, Sexual Abuse and Participation in the
Armed Conflicts…………………………………………………………………….15

5. Education………………………………………………………………………………………18

6. Situation of Women and Girls………………………………………………………………20

7. Social and Legal Protection and Care of Children……………………………………..21

8. Environment……………………………………………………………………………………22

9. Current and Future Measures at the National and International levels for

Addressing Child-related Issues……………………………………………………………23

10. Preparation of the End-Decade Review…………………………………………………24

Appendix (Indicators)……………………………………………………………………………25

Introduction

The impact of conclusions of the World Summit for Children, i.e. the accepted goals of the Declaration and the Action Plan, has been reflected in many aspects of child care. Even though no National Action Plan was adopted at that time, a number of measures has been taken in terms of new legislation, government and ministerial decisions, which were related to a process of deep social transformation, political and economic reforms that were implemented in the Czech and Slovak Federative Republic and later in the Czech Republic, when the transformation significantly affected child care as well.

At the 1990 World Summit for Children, the delegation of the Czech and Slovak Federative Republic was led by President Vaclav Havel.

The goals of the Summit and obligations of CSFR and subsequently of the Czech Republic in child care were accepted by signing the relevant documents pertaining to the whole sphere of human rights and thus the rights of the child.

1. Adoption and Dissemination of the Convention on the Rights of the Child

As early as in 1990 the government confirmed a number of obligations in this area, namely by signing the Convention on the Rights of the Child ( hereinafter referred to as the “Convention” ).

The Convention was signed in the name of the Czech and Slovak Federative Republic in New York on 30 September 1990. It came into effect for the Czech and Slovak Federative Republic on 6 February 1991. The Convention was published in the Collection of Laws under No. 104/1991 Coll.

The Czech Republic came into being on 1 January 1993 as one of two successor states to the Czech and Slovak Federative Republic. In a constitutional act of the Czech National Council, Act No. 4/1993 Coll., on Measures Connected with the Dissolution of the Czech and Slovak Federative Republic, the Czech Republic accepted all obligations binding upon CSFR in terms of international law, including conventions on human rights, thus the Convention on the Rights of the Child as well. The Czech Republic is bound by the Convention as of 1 January 1993.

Ongoing changes between 1990 - 1999 were described in the first ( initial ) and second periodic reports on measures to perform obligations resulting from the Convention on the Rights of the Child (in accordance with Art. 44 of the Convention).

The Czech Republic presented the initial report in February 1996 to the UN Committee on the Rights of the Child in Geneva (hereinafter referred to as the “Committee”). The report contained information on the fulfillment of the Convention in the period of 1993 - 1994. The final summary evaluation of the report was made by the Committee on 10 October 1997.

In 2000 the Czech Republic submitted its second periodic report for the period of 1995 - 1999. The second report responds to the comments of the Committee, which had been expressed to the initial report.

The Convention is an international convention pursuant to Art. 10 of the Constitution of the Czech Republic. This means that the Convention is directly binding and takes precedence before the law. The meaning of some articles of the Convention corresponds with provisions of the Charter of Human Rights and Freedoms ( hereinafter referred to as the “Charter” ), published under No. 2/1993 Coll., which is incorporated in the constitutional order of the Czech Republic. The Charter has the power of a constitutional law and other laws must comply with it.

The rights of the child incorporated in individual articles of the Convention are stipulated in the Czech legal order namely in the following acts: No. 94/1993 Coll., the Family Act, No. 140/1961 Coll., the Penal Code, No. 141/1961 Coll., the Penal Procedures, No. 40/1964 Coll., the Civil Code, No. 99/1963 Coll., Civil Court Procedures, No. 65/1965 Coll., the Labor Code, No. 50/1973 Coll., the Foster Care Act, No. 100/1988 Coll., the Social Security Act, No. 114/1988 Coll., on the Competence of Authorities of the Czech Republic in Social Security, No. 29/1984 Coll., on the System of Elementary and Secondary Schools (the Education Act), No. 97/1963 Coll., on Private and Procedural International Law, No. 498/1990 Coll., the Refugees Act, and No. 117/95 Coll., on Government Social Support, all acts as amended.

At the international level, in addition to the Convention, the Czech Republic is also bound by the following contractual documents:

Convention on the Recovery of Maintenance Abroad, New York, 20 June 1956 (Decree No.33/1959 of the Ministry of Foreign Affairs)

Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations towards Children, The Hague, 15 April 1958 (Decree No. 14/1974 Coll. of the Ministry of Foreign Affairs);

Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, The Hague, 2 October 1973, (Decree No.132/1976 Coll. of the Ministry of Foreign Affairs),

Convention No. 77 of the International Labor Organization concerning Medical Examination for Fitness for Employment in Industry of Children and Young Persons (Decree No. 23/1981 Coll. of the Ministry of Foreign Affairs);

Convention No. 78 of the International Labor Organization concerning Medical Examination of Children and Young Persons for Fitness for Employment in Non-Industrial Occupations (Decree No. 24/1981 Coll. of the Ministry of Foreign Affairs);

Convention No.171 of the International Labor Organization concerning Night Work (Decree No.460/1990 Coll. of the Federal Ministry of Foreign Affairs)

Convention No.123 of the International Labor Organization concerning the Minimum Age for Admission to Employment underground in Mines (Decree No.507/1990 Coll. of the Federal Ministry of Foreign Affairs)

Convention No.124 of he International Labor Organization concerning Medical Examination of Young Persons for Fitness for Employment Underground in Mines (Decree No.25/1981 Coll. of the Federal Ministry of Foreign Affairs)

Convention on the Civil Aspects of International Child Abduction, The Hague 25 October 1980 (Decree No. 34/1998 Coll. of the Ministry of Foreign Affairs).

On 9 December 1998 in its Resolution No. 809, the government acknowledged a document called ”The Government Responsibility for Improving Human Rights Protection” and established the Human Rights Council of the Government of the Czech Republic (hereinafter referred to as the “Council” ), which became a consulting and coordination body of the Government for issues connected with protecting human rights and basic freedoms in the jurisdiction of the Czech Republic. The objective of the Council is to monitor the observance and fulfillment of the Constitution, the Charter and other regulations stipulating the protection and observance of human rights. Furthermore, the Council monitors how international obligations of the Czech Republic are honored with respect to the protection of human rights and freedoms, including the Convention. Through the Government Commissioner for Human Rights, the Council ensures that the Government’s obligation is fulfilled in terms of submitting reports according to international treaties and conventions. The composition of the Council ensures a non-biased view of human rights in the Czech Republic. In April 1999 the Council established eight specialized sections, which also include a section for the rights of the child. The sections address specific legislative issues and inadequacies, and as bodies of the Council they assist in adopting executive measures at relevant government authorities. After discussions in the Council, conclusions of the sections are submitted to the Government through the Commissioner and the appropriate vice-premier.

The Section for the Rights of the Child handles issues connected with observing rights of the child according to the Convention. As in the Council, the section comprises representatives of central authorities, the competencies of which include observing rights of the child (namely the Ministry of Education, Youth and Sport, the Ministry of Interior, the Ministry of Labor and Social Affairs, and the Ministry of Foreign Affairs), and representatives of the public, including representatives of non-government non-profit organizations ( hereinafter referred to as ”NGO” ) as well as experts who have been involved in the rights of the child for a long time. The section focuses on phenomena that are problematic as to observing the Convention in the Czech Republic, and submits proposals for specific legislative measures.

In its Resolution No. 1 of 6 January 1999 the Government approved the Guidelines of the Government Policy Toward the Young Generation until the year 2002 (hereinafter referred to as the “Guidelines” ). It thereby accepted responsibility for the development of young generation and for creating conditions for its broad participation in the social, political and economic life of the Czech Republic. At the same time, the Government charged its members to ensure the performance of tasks resulting from the Guidelines and develop detailed sectorial programs for the support and protection of children and the youth, and allocate funds to implement such programs from their budgetary chapters.

The Guidelines also included a proposal to establish the National Committee for the Family, Children and Youth and prepare the Youth Act. The statute of the National Committee was approved by the Government on 7 July 1999 in its Resolution No. 696, a minister without portfolio became the committee chairman. The objective of the committee is to coordinate conceptual and methodic activities among ministries with respect to the care of children and the youth, grant policies of individual ministries focusing on children and the youth, and to initiate system steps pertaining to prevention and free time and their legislative support.

Human rights protection, i.e. also the protection of rights of the child, was not monitored during the whole period under review by a public protector of human rights - the ombudsman, whose office, independent of the Government, would have been able to protect natural persons against illegal or otherwise incorrect decision or acts of authorities or even courts. The Ombudsman Act was passed in December 1999 and took effect on 28 February 2000 under No. 349/1999 Coll.

The Ministry of Education, Youth and Sport ( hereinafter referred to as the “MEYS” ) encouraged in accordance with recommendations of the Committee on the Rights of the Child in Geneva the publishing and distribution of the following documents relating to the rights of the child:

Rights of the Child in Documents (Department of Criminality Prevention of the Ministry of Interior in cooperation with DCI and the Fund for Endangered Children - FOD, Prague 1998);

What is the Convention on the Rights of the Child ? (Czech Helsinki Committee, Prague 1996);

Convention on the Rights of the Child ( Pink Line, 1997);

A collection called From Bucharest to Lisbon, or the Relationship of Europe and the World to the Youth (Institute for Children and the Youth) - the collection contains results of conference meetings of ministers responsible for policies toward the youth.

The Czech Society for the Protection of Children regularly issues other documents on the given topic:

Small Encyclopedia of the Abused and Neglected Child,

I Bully, You Bully; Mistreating,

Mistreated Child,

How to Bring Up Without Slapping.

In 1999 a publication was issued on the 10th anniversary of the Convention on the Rights of the Child, which contained research results of the Institute for Children and Youth relating to the application of the Convention in practice, and the complete text of the Convention was republished. In May 2000 an international seminar took place on the application of the Convention on the verge of the new millenium in cooperation with the Central European Initiative. It focused on comparing opinions of experts with those of the youth up to 18 years of age.

1.1. Dissemination of the Convention at Elementary and Secondary Schools

The subject of human rights, rights of the child and relevant national regulations are included in the standards of elementary education approved by the MEYS. Specific content of the curriculum on human rights, legal and ethical education is described in detail in all acknowledged education programs ( Elementary School, National School, General School, alternative programs ), namely in the classes of Primary Science, National Geography, Family Education and Civic Education.

To accommodate for needs of pupils at special schools, the MEYS has extended the brochure of ” What is the Convention on the Rights of the Child ? ” (Czech Helsinki Committee, Prague 1996), which explains fundamental articles of the Convention.

Requirements pertaining to education, arising from the Convention, are comprised in the document of Education Objectives and Requirements for the Content of General Secondary Education Relating to Human Rights. The education program on the rights of the child and human rights is generally of interdisciplinary nature, it is represented in various general education subjects and in a number of specialized subjects. The content of the Convention is also presented at elementary and secondary schools by the staff and members of NGOs. Much more attention needs to be paid to human rights at vocational schools ( in the context of education on human rights, tolerance and responsible citizenship). The standards are detailed in the curriculum valid for secondary schools, according to which the objectives of education toward human rights are as follows: knowledge of the rights, understanding their meaning, learning to exercise the rights and seeking for protection when the rights are not observed, learning to be responsible and to respect the rights of all people.

1.2. Educating Professional Groups on the Rights of the Child

Pedagogic centers and consulting system institutions established by the MEYS offer regular education for teachers in this respect. Thus, six pedagogic centers annually organize about twelve events directly focusing on issues relating to the rights of the child. The awareness of teachers and pupils of individual articles of the Convention, their interpretation and relationship to provisions of the Charter of Human Rights and Freedoms are further developed through thematic projects, thus gradually changing the overall atmosphere of the school toward democracy and humanity.

To assist teachers who teach about human rights issues, in 1997 and 1998 the MEYS distributed the following documents through all school authorities: The Rights of the Child in Documents (the text of the Convention), the text of the General Declaration on Human Rights, Education Toward Human Rights, a methodological document of Educating on Human Rights etc.

In the health sector since 1998 the issues of the child and the youth according to the Convention have been incorporated in education programs for all staff in health institutions.

In the military before the school year starts, commanders, tutors and teachers at secondary military schools are trained on the topic of applying rights of the child.

The content of the Convention and its reflection in the Czech legal order are explained to the staff of departments of social affairs at district and municipal authorities in the form of a special training, the passing of which is a prerequisite for performing their functions in public administration.

Staff in facilities for institutional and protective education (children’s homes, special institutions etc.) have been trained by the Ministry of Education on issues pertaining to applying the Convention in given facilities. Basic rights of children arising from the Convention form an integral part of all internal rules of the facilities. Specialized seminars have been held since 1997 three times a year on average.

University level training of teachers incorporates information about the Convention in the major subject of Civic Education, all future teachers are acquainted with it in various lectures and seminars, such as Social Policy or Theory of Knowledge. Teachers and other specialized staff engaged in teaching on human rights can receive information about the Convention on the Rights of the Child from documents published by the Center for Education on Human Rights of the European Information Center of Charles University in Prague or by the Office of UN High Commissioner for Refugees (UNHCR).

1.3. Cooperation with Non-Government Non-Profit Organizations (NGOs)

Conclusions of the World Summit and standpoints of the Committee on the Rights of the Child include recommendations for public authorities to develop close cooperation with NGOs. The cooperation is currently primarily focused on supporting the organizations by grants. The Ministry of Education, Youth and Sports supports NGOs - civil associations, foundations and other non-profit organizations, the statutes of which primarily focus on the protection of rights of the child and organizing the free time activities for children and the youth, both in sports and other areas. For this purpose, the MEYS has established a consulting body headed by the deputy minister, called the Chamber of the Youth, whose members include staff of the ministry, representatives of regional public administration, independent specialists and NGO activists, namely those of civil associations for children and the youth, civil associations for the disabled, and church communities.

NGOs also actively participate in the decision making process regarding government grant policy since they are members of a working team for creating rules of the government grant policy toward NGOs. Association representatives are also members of committees which decide on the allocation of grants, both within tenders for Programs for the Support and Protection of Children and the Youth (i.e. the grant policy of the MEYS) and in a grant committee of the program Youth of the European Union. The number of NGO representatives in committees accounts for approximately one third of the overall membership in a committee. Information is exchanged through web sites created by the MEYS for the youth ( In May 1999 an international youth information network - EURODESK - was launched.