CERD/C/CZE/CO/7
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taken note of the new Education Act, the Committee remains concerned that this situation
also seems to result from discriminatory practices and lack of sensitivity on the part of the
authorities to the cultural identity and specific difficulties faced by the Roma. Special
measures for the advancement of certain groups are legitimate provided that they do not
lead, in purpose or in practice, to the segregation of communities. The Committee is also
deeply concerned that a disproportionately large number of Roma children are being
removed from their families and placed in State institutions or foster care. (articles 2, 3 and
5 (e) (iii) and (v))
The State party should increase its efforts to assess the situation of the Roma in
the field of education. It should develop effective programmes specifically
aimed at putting an end to the segregation of Roma in this area, and ensure
that Roma children are not deprived of their right to family life and to
education of any type or any level. The Committee, in particular, recommends
that the State party review the methodological tools used to determine the cases
in which children are to be enrolled in special schools so as to avoid indirect
discrimination against Roma children on the basis of their cultural identity.
18.
The Committee notes that several distinctions made under domestic law between the
rights of citizens and non-citizens may not be fully justified. It notes in particular that
European Union non-citizens, although they are entitled to vote and be elected at local
elections, may not belong to a political party. The Committee also notes with concern that a
condition under the Act on Registered Partnerships between Persons of the Same Sex,
currently under debate in Parliament, may be that at least one of the persons be a Czech
citizen. (article 5)
The Committee draws the attention of the State party to its general
recommendation XXX (2004) on non-citizens, and recalls that differential
treatment based on citizenship constitutes discrimination if the criteria for such
differentiation, judged in the light of the objectives and purposes of the
Convention, are not applied pursuant to a legitimate aim, and are not
proportional to the achievement of this aim.
19.
The Committee notes that the Office of the Ombudsman, which is authorized to deal
with complaints against State institutions and administrations listed in the Act on the Public
Defender of Rights, has received very few complaints of racial discrimination. It is
concerned that, because of delays in the adoption of general anti-discrimination legislation,
no specific institution has been mandated to safeguard the right to equal treatment, assist
victims in bringing their claims, or receive complaints of racial discrimination in the private
sector. The Committee is further concerned that difficulties in obtaining legal aid continue
to be an important barrier preventing victims of racial discrimination from bringing cases
before the courts. (article 6)
The Committee reminds the State party that a low number of complaints by
victims of racial discrimination could result from the inadequate character of