A1. Ratification or conclusion of the UN Convention

The Czech Republic signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 30 March 2007. The procedure of CRPD ratification was accomplished in September 2009; the Czech Republic ratified CRPD on 28 September 2009. CRPD was promulgated on 2 February 2010 in the Collection of International Treaties under No. 10/2010.

Links

• Collection of International Treaties No. 10/2010

Update date: Tue, 2019-05-07

A2. Ratification or accession to the Optional Protocol

The Czech Republic signed the Optional Protocol on 30 March 2007 but without ratification. The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020 approved by the Resolution of the Government of the Czech Republic No. 385 of 25 May 2015, gives a task to the Government to prepare and submit a proposal to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities by 31 December 2016. The Czech Republic did not fulfil the the task. By 2018, the Optional Protocol has not been ratified yet.

Links

• The UN Convention and Optional Protocol Signatures and Ratifications

Update date: Tue, 2019-05-07

A3. Declarations, Reservations and Objections

The UN CRPD Committee published its Concluding Observations on the initial reports of the Czech Republic in 2015.
With regard to employment (Article 27 CRPD) the Committee recommended that the Czech Republic:
"… ensure the same wage for all persons with disabilities, regardless of their disability classification. It also urges the State party to develop measures, intensify efforts and allocate sufficient resources to promoting the employment in the open labour market of persons with disabilities, especially women."

In relation to education (Article 24 CRPD) it recommended that the Czech Republic:
"…implement the amended School Act, incorporate inclusive education as the guiding principle of the education system and ensure the admission of children with disabilities in mainstream schools, in line with article 24 of the Convention. The Committee calls upon the State party to intensify its efforts and to allocate sufficient financial and human resources for reasonable accommodations that will enable boys and girls with disabilities, including intellectual disabilities and autism, and deaf-blind children, to receive inclusive quality education."

Concerning adequate standard of living and social protection (Article 28 CRPD) the UN Committee recommended that the Czech Republic:
"…review the legislation on the provision of benefits to persons with disabilities, with genuine participation of persons with disabilities, to reintroduce the additional social allowance in order to bring the standard of living of families with children with disabilities above the subsistence level. The State party should also broaden the range of and facilitate access to assistive devices for children with disabilities, regardless of age.
…revise its legislation on disability pension beneficiaries and the newly established method of calculating the relevant period from the beginning of disability until the entitlement of retirement pensions, as it has resulted in the amount of the pension received by persons with disabilities at the third level being below the minimum subsistence level."

The recommendation on living independently in the community (Article 19 CRPD) is also highly relevant to the European Semester concerns with long-term care. In this respect, the Committee recommended that the Czech Republic:
"…step up the process of deinstitutionalization and to allocate sufficient resources for the development of support services in local communities that would enable all persons with disabilities, regardless of their impairments, gender or age, to choose freely with whom, where and under which living arrangements they will live, in line with the provisions of article 19 of the Convention.
…take all measures necessary to ensure that policy processes for deinstitutionalization, including the development of the National Plan on Promoting Equal Opportunities for Persons with Disabilities 2015–2020, have a clear timeline and concrete benchmarks for implementation that are monitored effectively at regular intervals. In particular, the Committee urges the State party to abolish the placement of children under 3 years of age in institutionalized care as soon as possible."

Links

• UN Convention on the Rights of Persons with Disabilities
• UN CRPD States Parties' reports and Alternative reports

Update date: Tue, 2019-05-07

A4. Comprehensive review

The Czech Republic signed both documents, with subject to ratification of the Protocol. The ratification process of the Convention was held in accordance with Government Guidelines for the Negotiation, National Discussion, and Implementation and Termination of International Treaties. The responsible co-ordinating body for implementation of the Convention is the Ministry of Labour and Social Affairs. After approval of the Convention by the Government, the Convention was submitted, together with a comprehensive overview of existing legislation (the Government Proposal to the Parliament No. 812 to make an agreement with the ratification of CRPD) to the Parliament asking for a vote of ratification. Given that the Convention is an international treaty governing the rights and obligations of persons (Article 49 point. A of the Constitution of the Czech Republic), the Convention belongs to the category of presidential conventions. Therefore, in accordance with Article 10 of the Constitution of the Czech Republic the admission required approval of both chambers of Parliament of the Czech Republic. The president then ratified the Convention.

Links

• The Government Proposal to the Parliament No. 812 to make an agreement with the ratification of CRPD

Update date: Tue, 2019-05-07

A5. Focal point

The Government of the Czech Republic designated the Ministry of Labour and Social Welfare as the focal point for the UN CRPD.

Links

• The Ministry of Labour and Social Welfare
• Government Board for Citizens with Disabilities (Vládní výbor pro osoby se zdravotním postižením)

Update date: Tue, 2019-05-07

A6. Coordination mechanism

The Ministry of Labour and Social Welfare has been designated by the Czech Government as the coordination mechanism, to facilitate actions with different sectors and levels of government such as Ministries, the Government Board for Persons with Disabilities, disabled people organisations and other social partners such as the Association of Employers.

Links

• The Ministry of Labour and Social Welfare

Update date: Tue, 2019-05-07

A7. Independent mechanism

The Public Defender of Rights protects people against the conduct of authorities and other institutions if such conduct is against the law, does not correspond to the principles of a democratic legal state and the principles of good administration, or the authorities are inactive.
He/she also carries out preventive systematic visits to places where people are restricted in their freedom and seeks to ensure that their rights are respected. The Defender also contributes to promotion of the right to equal treatment and protection of persons with disabilities against discrimination. Since 2018, the Public Defender of Rights will be responsible for monitoring and reporting on the implementation of the UN CRPD 2017.

Links

• Amendment of Law on the Public Defender of Rights
• The Public Defender of Rights, Ombudsman

Update date: Tue, 2019-05-07

A8. Official reporting

The Czech Republic submitted to the UN CRPD Committee its Initial State Report in October 2011, and it was published by the UN in June 2013. In preparation for the review of the Initial Report, the Committee of the High Commissioner for Human Rights adopted a "List of Issues" (dated 28 October 2014) at its meeting on 7-10 October 2014. The List of Issues contained supplementary questions sent to the Czech Republic by 15 December 2014. The discussion of the Inception Report before the Committee took place at its 13th session from 31 March to 1 April 2015.
One of the Committee's concerns was about the use of restrictive measures in psychiatric hospitals. The Czech Republic replied to the Committee in 2016 that the use of restraints is a common practice in other European countries. The Czech Republic cannot prohibit their use in psychiatric hospitals, as there are no alternative options for averting an imminent threat to the life, health or safety of the patient or other persons. However, the Czech Republic is aware of the seriousness of this issue and is taking all steps to prevent the misuse and abuse of these resources in practice, notably through legislative modifications, methodical management and inspections of health service providers.

Links

• State reports to the UN Committee
• Link to all UN reporting cycle documentation
• Czech Republic, UN CRPD Initial State Report, 2011
• Concluding observations on the Initial Report of the Czech Republic

Update date: Tue, 2019-05-07

A9. Shadow reporting

An independent report was prepared and published in the Czech Republic in 2011. The Human Rights League together with the National Association for Support of People with Intellectual Disabilities and their Families and other disability NGOs during 2011 collated data and information for a 'shadow report'. In addition the Czech National Disability Council completed an open on-line survey tool with the aim to gather information for the 'shadow' report from its member organisations and people with disabilities themselves. Reports were submitted for the UN Committee session from Global Initiative to End All Corporal Punishment of Children-Czech Republic and a Coalition of NGOs and DPOs.

Links

• Civil society reports to the UN Committee
• Czech Republic, CRPD Alternative Report 2011
• National Association for Support of People with Intellectual Disabilities and their Families
• Czech National Disability Council

Update date: Tue, 2019-05-07

B1. Anti-discrimination legislation

Fundamental rights, including the right to freedom of movement and the right to choose where to live, are protected by the constitutional law, in particular by the Charter of Fundamental Rights and Freedoms (Listina základních práv a svobod, art. 15). On 1 September 2009 Act 198/2009 Coll. on equal treatment and legal means of protection against discrimination (the Anti-discrimination Act) came into force. The Anti-discrimination Act provides definitions of discrimination, including harassment, indirect discrimination and victimisation, on seven grounds: racial/ethnic origin, disability, sexual orientation, age and religion or belief. The law establishes the Defender of Rights (Czech Ombudsman) as the anti-discrimination body. The Anti-discrimination Act has a broad scope, covering work and employment relations, access to employment, self-employment and occupation, health care and education, social security and social protection, social advantages and services including housing for all grounds to the same extent, and therefore goes beyond the requirements of directives.

Links

• Listina základních práv a svobod (Charter of Fundamental Rights and Freedoms)
• Anti-discrimination Act
• The Public Defender of Rights

Update date: Tue, 2019-05-07

B2. Recognition of legal capacity

The new Civil Code that became effective on 1 January 2014 embeds fundamental changes regarding legal capacity and regulates its potential limitations. The accepted legal regulation moves away from the former concept of 'substitute decision-making' (when a guardian made decisions on behalf of the person with disabilities which often excluded the person with disabilities from social life). This concept has been replaced with by the concept of 'support' or 'assisted' decision-making based on the premise that all persons are capable to make their own decisions, but might need a greater or lesser degree of support. A greater emphasis is put on the autonomy of will, independence and social integration of the person concerned and the means that help in decision-making in legal matters have a priority. The Civil Code provides various methods of supporting such persons in their decision-making so that courts have a wider range of options when deciding on a person that does not have a full legal capacity.

Links

• The Civil Code

Update date: Tue, 2019-05-07

B3. Accessibility of voting and elections

Paragraph 3 of Article 21 of the Charter of Fundamental Rights and Freedoms states that 'The right to vote is universal and equal, and shall be exercised by secret ballot. The conditions for exercising the right to vote shall be provided for by law.' The accessibility of elections for persons with disabilities is a key to exercising their political rights. This includes access to information about the elections that is adequate, accessible and comprehensible (e.g. for persons with sensory or mental disabilities); moreover, the right to vote has to be given to persons with mental disorders or disabilities who are often denied this right. According to the new Civil Code, it is up to the court to make that decision, even though there are no adequate methods of determining the ability to vote. Those who are not able to form their own opinion for medical reasons, temporarily or permanently, will be prevented from exercising this right.

Links

• Charter of Fundamental Rights and Freedoms
• The Civil Code

Update date: Tue, 2019-05-07

B4. Official recognition of sign language

In the Czech Republic, the Communication Systems for the Deaf and Deaf-Blind Persons Act 155\1998 Coll. recognises the Czech sign language as an official language. The Act further stipulates that deaf and deaf- blind persons have the right to freely choose the communication systems referred to in this Act and the one that meets their needs. Their choice must be respected as much as possible so that they can equally and effectively participate in all aspects of life and exercise their legal rights. The sign language and communication systems are defined in the Act as the Czech Sign language and the communication systems based on the Czech language. The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020 (approved by Resolution of the Government of the Czech Republic No. 385 of 25 May 2015 and revised in 2018) gives a task to the Ministry of Education, Sports and Youth to prepare more learning materials for people with hearing impairments that include information in the Czech Sign Language and apply state-of-art technologies.

Links

• Act on Communication Systems of Deaf and Deaf-Blind Persons No. 155/1998 Coll.
• Languages in Communication of the Deaf Czechs: Czech Sign Language and Written Czech Language (Jazyky v komunikaci českých neslyšících: český znakový jazyk a psaná čeština)
• The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020

Update date: Tue, 2019-05-07

B5. National disability strategy and action plan

The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities for the period of 2015–2020 (hereinafter, the National Plan) is submitted on the basis of Government Resolution No. 567 of 14 July 2014 that requires the Minister for Human Rights, Equal Opportunities and Legislation to draw up this document and submit it to the Czech Government for a hearing. The primary goal and purpose of the National Plan is to establish the state policy established in this area, to continue promoting and supporting the integration of persons with disabilities and to implement the articles of the UN Convention on the Rights of Persons with Disabilities through specific measures. The Plan is divided into five chapters. The first chapter contains basic information related to this strategic document. The second chapter describes the context and circumstances of the creation of the National Plan, briefly maps the development of the supports available to persons with disabilities after 1989, including the history of already implemented National Plans, and points out the most important relevant international and national documents related to this issue. The third chapter describes the preparation and elaboration of the National Plan. The fourth chapter, which is the most extensive one, provides a list of the strategic areas of support for persons with disabilities that the National Plan focuses on. The content of these areas follows the articles of the UN Convention of the Rights of Persons with Disabilities. The introduction of each strategic area contains a brief description of the article of the Convention that the particular area addresses, a brief description of the current situation in the Czech Republic, the objectives that are set for the following period and a set of term and continuous measures, including the ministries that are responsible for their implementation. Some measures will be fulfilled in cooperation with other organisations, such as the Czech National Disability Council, Czech Confederation of Employers’ and Entrepreneurs’ Associations, and the Czech Statistical Office. The final chapter deals with the provision of funds for the implementation of the measures contained in the National Plan. The National Plan is revised annually.

Links

• The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020, revised 2018

Update date: Tue, 2019-05-07

C1. Transport accessibility

Regarding transport structures, the principle of non-discrimination focuses mainly on accessibility of transport for passengers with limited mobility and orientation. Solutions of all constructions in terms of their accessibility and barrier-free usage are contained in the implementing Decrees to the Building Act - No. 398/2009 Coll., No. 499/2006 Coll., No. 501/2006 Coll., and No. 503/2006 Coll. Issues of barrier-free usage have also been incorporated in the national technical standards: ČSN 73 6110 Design of Local Communications (2006), ČSN 73 6425 Bus, Trolleybus and Tram Stops, Part 1: Design of Stops (2007).

The Czech Ministry of Transport has participated in the preparation of the European Parliament and of the Council Regulation on the Rights of Passengers in Bus and Coach Transport which came into force on 1 March 2013 (Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the Rights of Passengers in Bus and Coach Transport and amending Regulation (EC) No 2006/2004). This Regulation is, inter alia, targeted at persons with limited mobility in consequence of disability, and it was adopted with a view to enabling such persons to travel by bus and coach on equal terms with other citizens.

In railroad transport, the accessibility of persons with disabilities is incorporated in all programmes. By construction, update or renovation, the railroad buildings are designed and built to meet the requirements of barrier-free accessibility according to Decree No. 398/2009 Coll. on General Technical Requirements for Barrier-Free Usage of Constructions.

The Czech Railway Company stipulates in the Transportation Order (Přepravní řád) the rights of persons with reduced mobility in railway transportation.  Persons with different categories of disability have access to travel information on the website of the Czech Railways Company (SPPO). Persons with reduced mobility have the right to use the Railways services as other citizens. Persons with reduced mobility are passengers who have difficulty in accessing trains and associated infrastructure as a result of disability, age or any other factor. The Czech Railway Company requires from a passenger with reduced mobility to submit a written request for special technical provision or assistance 24 hours before the journey. The Czech Railway Company may refuse transportation of a person with reduced mobility for technical reasons. In this case, it informs the passenger about the reasons within five working days from the refusal and suggest alternative solutions to transport the passenger(s).

Second, if the passenger fails to comply with the deadline for reporting their transit needs and arrives at the departure train carriage, he/she will be refused with reference to the provisions of Article 118 (point. d) of the SPPO. The passenger will be recommended another suitable connection, for which the carriage can be operationally secure, without delays.

The operation of nation-wide railways incorporated in the European rail system are subject to the principles of the directly applicable EU regulation which is the Commission Decision on Technical Specifications for Interoperability Relating to Persons with Limited Mobility and Orientation in Trans-European Conventional and High-Speed Rail System (Commission Decision 2008/164/EC of 21 December 2007 concerning Technical Specifications of Interoperability Relating to Persons with Reduced Mobility in Trans-European Conventional and High-Speed Rail System).

Links

• Ordering assistance or a trip for passengers using wheelchairs
• Edict No. 341/2002 Coll. Vyhláška o schvalování technické způsobilosti vozidel (Edict on technical requirements for vehicles)
• Road Transport Act 111/1994 Coll., as amended

Update date: Tue, 2019-05-07

C2. Built environment accessibility

The Building Act (stavební zákon) is the main legal instrument in terms of built environment accessibility. The Building Act regulates accessibility of buildings for disabled people, children, older people and pregnant women. Accessibility requirements apply to buildings, such as hospitals, schools, shops and industry, transportation, public facilities and houses with apartments for rent. The Decree 398/2009 sets out the general technical requirements for buildings and their parts to ensure their use by persons with physical, visual, hearing and mental disabilities, persons of advanced age, pregnant women, persons accompanying a baby in a stroller or child under three years of age. The Decree 501/2006 regulates accessibility of public areas.

Links

• Building Act 183/2006
• Decree on requirements for public space use 501/2006
• Decree on general technical requirements ensuring the barrier-free use of buildings 398/2009

Update date: Tue, 2019-05-07

C3. ICT and Web accessibility

The Act on Public Administration Information Systems 2000 (revised in 2006) obliges public authorities to proceed with the disclosure of information in a way that allows for remote access (on websites) so that the information related to the performance of public administration is published in an accessible format. Methodological instruction to Decree 64/2008 on the Form of Public Disclosure of Information Related to the Performance of Public Administration through websites for people with disabilities (Accessibility Decree) offers practical tips for webmasters as formulated by people with disabilities based on their own experience of websites accessibility.

Links

• Decree on the Form of Disclosure of Information Relating to the Performance of Public Administration through Web Pages for Disabled Persons 64/2008
• Web Content Accessibility Guideline
• Act on Public Information Systems

Update date: Tue, 2019-05-07

D1. Choice of living arrangements

The Act on Social Services No. 108/2006 in the opening provision states that the scope and form of assistance and support provided by social providers must assure human dignity of service users. Social service providers must respect interests of users, be of good quality and respect human rights and freedoms (Section 2). The social service providers should support users in their community participation. Social services including residential services are provided on a contractual basis between provider and service uses.

Links

• Act on Social Services 108/2006

Update date: Tue, 2019-05-07

D2. De-institutionalisation

According to the Act on Social Services No. 108/2006 Coll. the aim of social services is to strengthen the social inclusion of service users. Furthermore, § 3 (e) defines social inclusion as a process, which ensures that people who are socially excluded or at risk of social exclusion have opportunities that support them in participating fully in economic, social and cultural life.

Along with the Act on Social Services, The Social Inclusion Strategy 2014-2020 and The National Strategy for Development of Social Services 2016 – 2025 aim to promote community living of persons with disabilities in the Czech Republic.
The overall goal of the Social Inclusion Strategy 2014-2020 is to reduce poverty and social exclusion. The Strategy draws from the definition of the Social Services Act which describes social inclusion as a process, which ensures that socially excluded persons or persons at risk of social exclusion can enjoy the possibilities and opportunities that help them to fully participate in economic, social and cultural life and to live in a manner that society considers acceptable. The general objectives of the Strategy include ensuring participation in employment and equal access to all resources, rights, goods and services; prevention of the risk of social exclusion; support for the most vulnerable; mobilisation of all relevant stakeholders. The Strategy focuses on social housing, and to some extent, also on the development of high quality, individualised, community-based services.

The National Strategy for Development of Social Services 2016 – 2025 includes the approach to the development of high quality, individualised community-based services. Preventing institutionalisation, and the transfer of resources from long term residential institutions to the new services in order to ensure long term sustainability is also included indirectly. The Strategy addresses the weaknesses of the current financial mechanisms but does not associate it with the transfer of resources to the new services. The closure of long term residential institutions is not explicitly articulated.

Links

• Act on Social Services No. 108/2006, Coll.
• The Ministry of Labour and Social Affairs of the Czech Republic (types of social services)
• The Social Inclusion Strategy 2014-2020
• National Strategy for Development of Social Services for 2016 – 2025 (Usnesení vlády ČR č. 245/2016)

Update date: Tue, 2019-05-07

D3. Quality of social services

The Ministry of Labour and Social Affairs is responsible for quality inspections related to social services. Quality of social services is monitored using the following strategies: interviews with randomly selected users, interviews with referring employees, document analysis (contracts between service providers and service user), and observations (physical environment, activities, privacy etc.). In addition, the legal framework of social services (Decree 505/2008 and Act on Social Services 108/2006) obliges service providers to have complaint mechanism for users in place.

Links

• Act on Social Services 108/2006
• The Ministry of Labour, Social Affairs and Social Services
• Decree 505/2006

Update date: Tue, 2019-05-07

D4. Provision of assistive devices at home

Assistive devices at home for persons with disabilities are financially supported in accordance with The Ministry of Labour and Social Affairs, pursuant to paragraph 37 of Act no. 329/2011 Coll. 'On providing benefits, the care allowance, and the certificate to people with disabilities'. Persons – Czech citizens and foreigners - have a right to a care allowance, benefits and the certificate if they are registered as permanent residents in the Czech Republic and have their residence here. Relevant acts stipulate other eligible persons if they have their residence in the Czech Republic. In the range of persons covered, there are also EU nationals who are subject of directly applicable legislation of the EU (Regulation (EC) No 883/2004 in the case of the care allowance and Regulation (EU) No. 492/2011 in the case of benefits and the certificate).

Links

• Czech Republic, Ministry of Labour and Social Affairs, Social Assistance Benefits for People with Disabiliti1612es
• Provision of assistive devices at home:

Update date: Tue, 2019-05-07

D5. Availability of personal assistance schemes

In the Czech Republic personal assistance services are intended for people whose capabilities are limited because of disability, age or illness, for example in the areas of personal care, use of public places, household care, contact with family and broader society. The service is provided in the environment where a person lives, works, etc. The personal assistance services include reading, interpreting and guiding services. The Act on Social Services No. 108/2006 Coll., as amended, introduced in 2007 the new financial instrument ’contribution for care’ for persons with disabilities to directly cover the cost of personal assistance. The contribution for care was designed to pay for the required personal assistance provided by a family member or other informal careers or by a professional social care service organisation. The amount of contribution for care depends on the level of care needed (level of dependence on care provided by another person) by an individual with a disability. The level of dependence is assessed by a social worker and a medical doctor. Using the contribution for care, people with disabilities of all ages and their families are expected to cover the required assistance and support ensured by a family member or by a professional organisation on the basis of a contract.

Links

• Act on Social Services No. 108/2006, Coll, as amended
• Czech Republic, Ministry of Labour and Social Affairs, Social Services

Update date: Tue, 2019-05-07

D6. Income maintenance

Full disability pension: An insured person may qualify for a full disability pension provided that: s/he has become fully disabled and has completed the required period of insurance and s/he has not fulfilled conditions for entitlement to old age pension on the date of the beginning of the full disability, or, if s/he has been awarded a permanently reduced early old-age pension for reasons of having not reached retirement age / s/he has become fully disabled as a result of an injury at work or an occupational disease / Partial disability pension - an insured person may qualify for a partial disability pension provided that: s/he has become partially disabled and was insured for the necessary period; s/he has become partially disabled as a consequence of an injury at work or an occupational disease

Partial disability pension and earned income

If the average earned income per month:

• does not exceed 66 per cent of the personal assessment base on which the pension was calculated and which was increased in relation to the general increase in wages in the period between granting the pension and the date of the earned income check (hereinafter 'comparable assessment base'), the partial disability pension is paid in its full amount.
• is higher than 66 per cent but does not exceed 80 per cent of the comparable assessment base, the partial disability pension will amount to 50 per cent of the calculation base and 50 per cent of the percentage assessment.
• exceeds s 80 per cent of the comparable assessment base, the partial disability pension is not paid.

Partial disability pension is paid:

• in its full amount, if the total earned income in a calendar year does not exceed the sum of the minimum subsistence level multiplied by twelve (effective on 1st January of the relevant calendar year in which the average monthly income of the person concerned is assessed).
• regardless of earned income, if the person was awarded pension due to disability considerably aggravating his/her general living conditions. This type of pension is awarded even if the beneficiary works abroad. In other cases when the person concerned works abroad, the partial disability pension is not paid.

Links

• Czech Republic, Ministry of Labour and Social Affairs, State Social Support Benefits

Update date: Tue, 2019-05-07

D7. Additional costs

Grant for special aid is a one-off obligatory benefit for aids not covered by the health insurance system enabling self-reliance, working activities, education, social contacts. The grant is intended for people with a severe handicap, blind or deaf. The grant in the case of aid 'vehicle' or 'special restraint systems' is granted to persons with serious mental handicap as well. Ministerial decree determines a list of aid for purposes of this benefit, for example: vehicle, guide dog, Braille printing machine, signal of doorbell, certain special modification of vehicle or flat. The amount of the grant for special aid is settled under 3 regimes (aids with price under and over CZK 24,000 and a vehicle). In the case of an aid with price under CZK 24,000 the grant is provided only to people with income less than 8.0 living minimum. Some exceptions are allowed (when the person needs several aids in this price level, has higher income but is not able to buy these aids). The grant in the case of an aid with price over CZK 24,000 is not income-tested, client’s participation is 10% of the price of an aid, at least CZK 1,000. There is an exception for low income people, but minimal participation is always CZK 1,000. Maximum amount of the grant is CZK 350,000 or CZK 400,000 in case when the aid is a 'staircase lift'. Maximum grant in the case when the aid is a 'vehicle' is CZK 200,000, and the amount is set individually with respect to frequency and reasons of the transport, income of the entitled person (and related persons) and social and property circumstances.

Links

• Act no. 329/2011 Coll., On providing benefits, care allowance, and the certificate to people with disabilities
• Czech Republic, Ministry of Labour and Social Affairs, Social Assistance Benefits for People with Disabilities:

Update date: Tue, 2019-05-07

D8. Retirement income

The Czech pension system consists of two parts. The first part is the mandatory basic pension insurance, defined by benefits and funded on a running basis (pay-as-you-go = PAYGO). The system is universal and provides for all economically active individuals; the legal regulation is the same for all insured persons and there are no industry-specific schemes etc. The pension from the basic pension insurance is drawn upon by more than 99% of the population whose age is higher than the retirement age. In addition, there is a voluntary, complementary, additional pension insurance with state contributions, that is defined by contributions (DC) and capital funded. The additional pension insurance can be, according to the EU terminology, considered the third pillar of the pension system. The third pillar also includes products offered by commercial insurance companies, particularly life insurance. Pensions granted from the third pillar so far represent only a negligible portion of incomes of the retired. The second pillar, which is usual in EU member states (employer pension schemes), is absent in the Czech pension insurance system. The fundamental substantive law regulation which governs the entitlement to a pension from the basic pension insurance, methods of determination of pension benefits and conditions of payment, is Act No. 155/1995 Coll., on pension insurance, as amended, which came into effect on 1 January 1996. The following pensions are provided from the basic pension insurance: old-age (including the so-called early old-age pension), disability, widow and widower and orphan. Each pension consists of the following components: a basic, fixed amount identical for all types of pensions, regardless of the insurance duration and income) and a percentage amount, which as assessed. If conditions that entitle a person to several pensions of the same type have been met regarding payment of an old-age pension or disability pension, then only one pension will be paid, specifically the higher one.

Links

• Czech Republic, Ministry of Labour and Social Affairs, Pension Insurance
• Old-age Pension (Czech Social Security Administration):

Update date: Tue, 2019-05-07

E1. Special schools

The Constitution of the Czech Republic, adopted on 16 December 1992, provides a general legal framework for future legal development. The rights of citizens and the obligations of the State with regard to education were established in the Charter of Fundamental Rights and Freedoms (the Constitutional Law). First and foremost it guarantees the right to education, i.e. ‘free education at basic and secondary schools and according to a citizen’s abilities and society’s possibilities also at higher education institutions’ (Art. 33.1). From 1 January 2004 children with disabilities have, by law, been permitted to be educated not only in special schools but also in mainstream schools through the so-called individual integration. Head teachers make the decision about the individual integration of children with disabilities, on the basis of a request from their parents (or guardian) and a recommendation of a special education centre. Head teachers of special schools make also decisions regarding enrolling a child into a special school. The head teacher of a local mainstream school (to which a child living in a respective municipality and administratively belongs to) has now a duty to enroll a child with disability if parents or regal representatives wish so.

Links

• The latest amendment of Education Act No. 82/2015 Coll.
• The Charter of Fundamental Rights and Freedoms (The Constitutional Law):

Update date: Tue, 2019-05-07

E2. Mainstream schools

The Education Law was approved in September 2004, and came into force in January 2005. The Law has been updated several times since reflecting trends towards inclusive education. The Act on Education guarantees that the provisions and services required for supporting pupils with special needs are available to children and/or pupils at all levels of education, no matter where the child is educated (mainstream and/or special settings). Pupils with special needs have the right to be provided with support provisions free of charge, which include adapted text books, specific teaching materials, compensatory and rehabilitation equipment and tools, as well as support and counselling services, additional support staff and additional teaching in specific subjects (speech therapy, sign language, orientation and mobility, stimulating techniques, etc.). The Act on Education stipulates that alternative communication and/or sign language is available for those pupils who cannot use oral language. Braille print is available for pupils who cannot read regular print. Support staff is available, as well as individual educational plans. The latest amendment of Education Law 2016 defines a catalogue of support provisions for children with special educational needs in mainstream schools. On 1 September 2016, a major amendment to the Schools Act and the related legal regulations came into effect, introducing inclusive education as a cornerstone of the education system. The Government also adopted an Action Plan for Inclusive Education for 2016–2018, which specified concrete tasks with deadlines to be implemented by the Ministry of Education, Youth and Sports and other authorities in order to create, maintain and support inclusive education. The amendment was accompanied by the adoption of Decree no. 27/2016 which provided for more detailed and practical measures on the path to inclusion. Despite this positive development, in 2018 the Ministry of Education introduced a highly controversial amendment to the decree which brings back the idea of segregation and seclusion. Most problematic is the proposed Section 19 by which the Ministry of Education:

• Abolishes a clear declaration of intent to educate children with disabilities in mainstream educational settings (Section 19 (1));
• Allows for the exclusion of children with disabilities from mainstream education on the basis of disability (Section 19 (2));
• Re-introduces the possibility to educate children without any intellectual disabilities in schools for children with disabilities (Section 19 (4).

Links

• Amendment of Education Law 2016
• EASNE Country Information for Czech Republic on Education
• Action Plan for Inclusive Education 2016 -2018

Update date: Tue, 2019-05-07

E3. Sign language and Braille in school

The law on sign language, passed in 1998 opened the way for the provision of interpreting services for Deaf pupils; Section 7 gives Deaf and Deaf-blind pupils the rights to learn and be taught in sign language. Czech sign language has been codified by the 2008 amendment of the law as the natural communication system for the deaf. The amendment also establishes other communication systems for the deaf and for those suffering from deaf blindness.

Links

• Communication systems for the Deaf and Deaf-blind Act No. 384/2008 Coll.

Update date: Tue, 2019-05-07

E4. Vocational training

The Czech Republic has transposed the Council Directive 2000/78/EC, establishing a general framework for equal treatment in employment and training into national legislation. The Law on Employment No. 435/2004 Coll. provided a definition of vocational rehabilitation and introduced a number of important changes in the system of state subsidies in employment and training. Labour offices should provide individually tailored training employment services, including supported employment services, to people with disabilities. In particular, state support in training is provided within the framework of ’vocational rehabilitation‘, which is defined as ’a continuation of employment services that aim to find and retain employment for people with disabilities‘. The Labour Offices distribute the funding for vocational rehabilitation.

Links

• Law on Employment No. 435/2004 Coll.

Update date: Tue, 2019-05-07

E5. Higher education

The Constitution of the Czech Republic, adopted on 16 December 1992, provides a general legal framework for future legal development. The rights of citizens and the obligations of the State with regard to education were established in the Charter of Fundamental Rights and Freedoms (the Constitutional Law). First and foremost it guarantees the right to education, i.e. 'free education at basic and secondary schools and according to a citizen’s abilities and society’s possibilities also at tertiary education‘ (Art. 33.1). There is no legislation related to financial support for students with disabilities in higher education. This support is generally included in the Proclamatory in The Higher Education Act (1998) and in the National Disability Plan.

Links

• Tertiary Education Act

Update date: Tue, 2019-05-07

F1. Non-discrimination in employment

The most relevant legislation in the Czech Republic regarding non-discrimination in employment is the General Act on Equal Treatment and Protection against Discrimination No. 198/2009 Coll. The Labour Code No. 262/2006 Sb. forbids direct and indirect discrimination in employment, in a similar way to the Act No. 435/2004 Coll., on Employment, as amended.

Links

• General Act on Equal Treatment and Protection against Discrimination No. 198/2009 Coll.
• The Labour Code No. 262/2006 Sb. (in English)
• Act No. 435/2004 Coll. on Employment

Update date: Tue, 2019-05-07

F2. Public employment services

In the Czech Republic so called vocational rehabilitation is the main tool to support people with disabilities in employment. According to the Act on Employment 2004 (the Act No. 435/2004 Coll. on Employment, as amended) a person with a disability together with a Labour Office will decide on the form and content of vocational rehabilitation. Vocational rehabilitation should be tailored to the individual needs of the person. Moreover, under this Act, Labour Offices can contract provision of vocational rehabilitation services with NGOs or other providers. A second arrangement is ‘Training for a job‘; initial training of an individual with a disability for a suitable job based upon an agreement with the Labour Office. The training for a job may be performed with an assistant’s support. The training lasts for a maximum of 24 months. A third arrangement is ’Specialised retraining courses‘, performed under identical conditions as other retraining.

A sheltered work position (chráněné pracovní místo) is another mean for supporting people with disabilities in employment. Sheltered work position is a position created by an employer for an individual with a disability based upon a written agreement with the Labour Office. A sheltered work position must be maintained for at least 2 years from the day specified in the agreement.

The Labour Office may award an employer a contribution towards the creation of a sheltered work position. An employer who provided training for disabled individuals may receive full costs of such training for disabled individuals, from the Labour Office. An employer who employs more than 50 %persons with disabilities, out of the total number of employees, is entitled to a contribution.

Links

• Ministry of Labour and Social Affairs, Employment of People with Disabilities
• Portal of Public Services
• Act No. 435/2004 Coll., on Employment

Update date: Tue, 2019-05-07

F3. Workplace adaptations

According to Act No. 435/2004 Coll. on Employment, Part Three, Section 79, Labour Offices are responsible for providing information and advice on issues related to employing people with disabilities, collaboration in the creation of suitable jobs for people with disabilities and co-operation in dealing with individual adaptation of jobs and working conditions for persons with disabilities. In the Czech Republic support is available to make adaptation to workplaces in the open labour market via a so called contribution for creating a sheltered working place. Employers (including businesses) that set up a job for a disabled citizen can be provided with a financial contribution of up to eight times the average wage in the national economy, by their respective labour office. The contribution shall be provided if the employer undertakes to meet the conditions provided by law. Contribution to the operation of sheltered working place can be provided for partial reimbursement of operating costs.

Links

• Law on Employment

Update date: Tue, 2019-05-07

F4. Financial incentives

The main financial incentive for the employment of disabled workers in the labour market is the quota system and state subsidies. Employers who employ more than 25 persons are required to employ individuals with disabilities to the proportion of 4% of the total number of employees. The methods of meeting this obligation, that is employment relationship, acquisition of products and services or payments to the state budget, are considered to be equivalent and may be mutually combined.

Links

• Ministry of Labour and Social Affairs, Employment of People with Disabilities

Update date: Tue, 2019-05-07

G1. Official research

In the Czech Republic there is no official research institute or department responsible particularly for research on disability equality and the collection of relevant data and statistics.
Relevant to disability policy is the Research Institute for Labour and Social Affairs operating under the Ministry of Labour and Social Affairs.
Some research on disability and community-based services has been conducted by TRASS as part of European funded projects (available in Czech only).

Links

• The Czech Statistical Office
• MoLSA Research Institute
• MoLSA/TRASS analyses on deinstitutionalisation process in the Czech Republic

Update date: Tue, 2019-05-07

G2. Census data

The Czech Statistical Office conducted surveys focused on disability in 2007 and 2013. The last National Census was conducted in 2011. Disabled people were not identified in the forms completed by the citizens.

Links

• National Census 2011
• The Results of the Sample Survey on Disabled Persons (conducted in 2007 and 2013)

Update date: Tue, 2019-05-07

G3. Labour Force Survey

In the Czech Republic the available statistics provide only overall information on the number of persons with disability registered as job seekers, the number of vacancies suitable for persons with disabilities and the number of persons with disabilities eligible for one vacancy. With regards to where persons with disabilities are employed, there are only statistical data available on new work places in sheltered workshops. Similarly, there is no overall data on fulfillment of the disability employment quota. Data of the Czech Republic 2002 and 2012 were included in the ad-hoc module on employment of disabled people.

Links

• Integrated Portal of the Ministry of Labour and Social Affairs

Update date: Tue, 2019-05-07

G4. Disability equality indicators

There is no set of disability equality indicators based on public data sources.

Update date: Tue, 2019-05-07

H1. Awareness raising programs

An official responsibility or programme for promoting and raising public awareness of the equality and rights of disabled women and men were not identified.

Update date: Tue, 2019-05-07

H2. Training for teachers

Disability awareness/equality issues are part of initial training programmes for teachers. However such modules are not compulsory. The applications for accreditation of teaching education study programmes submitted by respective universities to the accreditation authorities are expected to include in the study programme a module on inclusive education.
The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020 sets up a task to the Government to encourage development of teacher training programs focused on the education of children, pupils and students with disabilities in mainstream education. In this respect, it is important to promote training of future teaching staff at university departments.

Links

• The National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2015–2020
• Národního akreditační úřad pro vysoké školství

Update date: Tue, 2019-05-07

H3. Training for lawyers

Disability awareness/equality issues are part of the initial professional training programmes for lawyers in the Czech Republic.

Update date: Tue, 2019-05-07

H4. Training for doctors

Disability awareness/equality issues are part of the initial professional training programmes for medical doctors in the Czech Republic.

Update date: Tue, 2019-05-07

H5. Training for engineers

Some higher education institutions in engineering and architecture include issues of disability in their courses. There are several publications and guidelines for architects.

Links

• Guideline for architects

Update date: Tue, 2019-05-07

H6. International development aid

Social international development and supporting the rights of people with disabilities is one of the sectoral priorities of the International Development Cooperation of the Czech Republic 2010-2017 approved by the Government in May 2010. The Czech Development Agency (CzDA) has taken up activities of the Czech Development Center. CzDA cooperates with the Czech Ministry of Foreign Affairs on the establishment of an institutional framework of the Czech development cooperation and participates in the creation of development cooperation programs between the Czech Republic and priority countries as well as on the other stages of the project cycle management also in disability mainstreaming.

Links

• Czech Development Agency, Development Cooperation of the Czech Republic

Update date: Tue, 2019-05-07