A/HRC/8/33
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difficulties. Therefore, attention is paid to formulating a new education strategy that is at present
under discussion. Concerning the issue of national human rights institutions, the current structure of
national institutions is composed of a set of advisory bodies to the Government and the Public
Defender of Rights who can be involved in the defence of rights of victims, and solving their
complaints. The Czech Republic stated that the anti-discrimination act has already been adopted by
the Chamber of Deputies and is pending before the Senate, and might be effective by the end of the
year or in the beginning of next year. It will allow the Ombudsman also to issue recommendations
with regard to discrimination. On the issue of the police, the Government has approved in January
2008 a draft of the police act which introduces a new position of the Inspection of the Police, as
described in the national report. The draft is pending before Parliament and is supposed to become
effective by January 2009. The discussion on an independent body for the investigation of crimes
committed by police members is pending and the police is also facing the challenge of
modernization. The Ministry of Interior, in cooperation with the Justice Ministry and the Ministry
of Finance, is preparing a draft act of complex solution of the General Inspection issue, which will
be submitted to the Government of the Czech Republic by the end of 2008. Regarding the
regulation of rape, the criminal offence of rape is introduced in the Criminal Code. On the issue of
sterilization, the Czech Republic stated that in 2007 the Ministry of Health issued a new medical
record regulation which contents detailed rules on informed consent. In addition, a special form to
be filled in prior to the sterilization was published in the bulletin of the Ministry of Health in
December 2007. A new legislation concerning sterilization is under preparation and will probably
be effective in January 2009, under which minorities and persons with incapacities will be given
greater protection. In 2007, the Government Council of Human Rights has approved the
recommendation to establish a working commission to examine the sterilization practice
since 1966, which will present its results in December 2008. The Czech Republic also announced
that in 2007, first perpetrators of this practice were brought to justice and compensations have been
granted to victims. Furthermore, the Czech Republic explained that the legislation makes a
difference between caged beds and net beds. The use of caged beds is forbidden both in social care
and health-care facilities. The use of net beds is possible only in health-care facilities and is subject
to detailed guidelines. On the issue of the removal of children from their families, the
Czech Republic stated that this can only take place in exceptional circumstances and is subject to a
court approval in each case and court review. The Government is continuing to strengthen its action
for the protection of children. In 2006, the concept of care for children at risk was adopted.
Moreover, the Act on social and legal protection of children was amended with a view to providing
assistance to families whose children are placed in institutions. The Czech Republic stated that the
ratification of the Rome Statute of the International Criminal Court was always tied to change in
constitutional rules. Since its signature, the Statute has been presented three times to Parliament
without being approved. In January 2008, the Government presented another proposal which is
pending before Parliament. Concerning the issue of rendition, the Czech Republic, after
investigation conducted by the Council of Europe, was in the position to affirm that there were no
secret flights or detention facilities within its territory. The Czech Republic ensured the Human
Rights Council of its compliance with the CAT and the ICCPR and reaffirmed its commitment to
respect the prohibition of torture and the promotion of the rule of law.
32. The Netherlands appreciated the answers to written questions concerning the new
anti-discrimination law, and commended the Czech Republic on this new law and noted that the
process of its adoption was ongoing. The Netherlands recommended, with regard to continuing
discrimination against Roma, particularly with regard to access to education, that the
Czech Republic provide a follow-up report about the strengthening of the efforts and actions taken
on the ground to ensure the rights of minorities, and specifically the Roma.
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