Czech Republic

The Czech Republic, or Czechia, is a constitutionally secular state. Beneath the secular surface, however, there are a number of systemic privileges and special permissions granted to religious groups.

According to the 2021 Census,[ref]https://vdb.czso.cz/vdbvo2/faces/en/index.jsf?page=vystup-objekt&pvo=SLD210092-KR&z=T&f=TABULKA&skupId=4294&katalog=33525&pvo=SLD210092-KR[/ref] 48% of the population are non-religious. 22% of the population identify as religious, of which 59% (representing 13% of the actual population) belong to a church or religious society – the majority of whom are Roman Catholic. It should be noted that 30% of the population opted not to answer the question. A comparison with 2011 census data indicates that the percentage of those identifying as non-religious has increased in the intervening years.[ref]https://vdb.czso.cz/vdbvo2/faces/en/index.jsf?page=vystup-objekt&pvo=ZVCR014&pvokc=&katalog=30719&z=T[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Free and Equal

Constitution and government

The Constitution[ref]https://public.psp.cz/en/docs/laws/constitution.html[/ref] of the Czech Republic protects the rights of the individual and guarantees that the State will be secular.

The Charter of Fundamental Rights and Freedoms,[ref]https://www.psp.cz/en/docs/laws/listina.html[/ref] a supplementary constitutional document, states in Chapter 1, Article 2(1) that “Democratic values constitute the foundation of the state, so that it may not be bound either to an exclusive ideology or to a particular religious faith.” Articles 15 and 16 protect freedom of thought, conscience and of religion or belief, explicitly mentioning the right to “have no religious conviction.” Freedom of religion or belief may be limited by law in the event of threats to “public safety and order, health and morals, or the rights and freedoms of others.”

Article 17 protects free speech and specifically prohibits censorship. Other articles in the Charter protect freedom of assembly and other fundamental rights. The Charter also guarantees the independence of religious societies from the state, and stipulates conscientious objectors cannot be compelled to perform military service.

Registration of religious groups

Act no. 3/2002, on freedom of religion and the status of churches and religious societies, outlines special conditions and privileges to religious groups and organizations.[ref]https://www.psp.cz/en/docs/laws/listina.html[/ref]

The Act establishes a two-tiered system of registration for religious groups, although churches can operate without registration.
First tier registration confers limited tax benefits, but is relatively easy to meet the qualification requirements. Religious groups seeking second tier registration must meet stricter requirements to be registered; second tier groups are entitled to the tax benefits granted to first-tier groups and the exercise of special rights, including conducting weddings, teaching religion in public schools, and conducting chaplaincy services in the army and prisons. At the introduction of this two-tier system, religious groups who had been registered before 2002 received second-tier status automatically regardless of whether they met the necessary requirements.[ref]https://www.state.gov/reports/2021-report-on-international-religious-freedom/czech-republic/[/ref]

Second tier religious groups who were registered prior to 2002 are also entitled to government subsidies, however the law phases out direct state subsidies over a 17-year period set to end in 2029. According to the US State Department, the government provided 17 groups subsidies totalling CZK 940 million ($42.5 million) in 2022.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

In addition, the Ministry of Culture reportedly provided CZK 2.32 million ($105,000) in grants for religiously-oriented cultural activities in response to applications from various religious groups, including: the annual Night of Churches held in several cities; the Red Wednesday project in support of victims of religious persecution; a liturgical festival of St. Cyril and Methodius in Velehrad; the annual Concert in Memory of Holocaust Victims; the annual 2022 Hussite Festival, a program of the Rabbi Feder Cultural and Educational Center; the Culture against Antisemitism Festival and March; and the 16th annual Festival of Religious Music.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

Education and children’s rights

The Charter of Fundamental Rights and Freedoms determines that religious education in state schools shall be set by law (Article 16(3)). Student attendance at religious classes is optional. If seven or more students register for a particular religion class at the beginning of the school year, the school must offer that class to those who registered.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

Eleven second tier religious groups have permission to teach religion classes. These groups provide the teachers, and the school pays their salaries. If a state school does not have the funds to pay for its religious education teachers, religious groups pay for them.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

The government does not regulate religious instruction in private schools.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

Sex education

According to a 2018 report, sexuality education is legally supported and is mandatory both at the primary and secondary level. However, schools have considerable autonomy in deciding what content to teach, and parents may communicate with the school regarding the topics that they prefer to teach their children themselves.[ref]https://www.bzga-whocc.de/fileadmin/user_upload/Dokumente/BZgA_CountryFactsheet_Czech_Republic.pdf[/ref] This results in uneven teaching.[ref]https://eeagrants.org/news/theres-no-taboo-front-black-board[/ref]

A 2020 survey conducted by the Czech Secondary School Union indicates that almost 50% of students did not learn relevant information about sex and sexuality at school.[ref]https://eeagrants.org/news/theres-no-taboo-front-black-board[/ref]

Opposition to sexuality education is reported to come primarily from religious families and conservative opposition groups, such as the Committee for the Defence of Parental Rights.[ref]https://www.bzga-whocc.de/fileadmin/user_upload/Dokumente/BZgA_CountryFactsheet_Czech_Republic.pdf[/ref]

Family, community and society

After the fall of communism many East-Central European nations experienced a backlash against atheism, which had been the made the official state ideology. The Czech Republic has not seen a comparable return to religion however, with 48% of the population having stated that they are not religious in the 2021 census.

Reports indicate that religious minorities, particularly Muslims and Jews are victims of hate crimes.[ref]https://www.state.gov/reports/2022-report-on-international-religious-freedom/czech-republic/[/ref]

LGBTI+ rights

Czech law bans discrimination based on sexual orientation and gender identity. However, legislation does not recognize hate crimes against LGBTI+ people, and therefore does not register attacks on them as such.[ref]https://www.amnesty.org/en/location/europe-and-central-asia/czech-republic/report-czech-republic/[/ref]

Despite the fact that the Czech Republic has recognized registered partnership since 2006, full equality for same-sex couples is not legalized.[ref]https://www.ucl.ac.uk/ssees/research/research-guides/lgbtq-eastern-europe/czechia[/ref] Legislation that would legalize same-sex marriage is under review by parliament.[ref]https://rainbow-europe.org/#8629/0/0[/ref]

While gender reassignment is possible, surgery is required, along with sterilization. In March 2022, the Constitutional Court upheld the sterilization requirement, a decision condemned by progressive campaigners and the European Court of Human Rights who it deem to be a violation of human rights.[ref]https://www.ilga-europe.org/sites/default/files/2023/czechia.pdf; https://www.usoud.cz/aktualne/k-podobe-rodneho-cisla?fbclid=IwAR1ZIYmiiOck5mGa5U_nrUAhoBOy5sojUqg5qtV_4nbdVb-BHtYKir9-t1A; https://tgeu.org/echr_end-sterilisation/ [/ref]

Reports indicate that senior public officials are known to espouse anti-LGBTI+ views.[ref]https://globalvoices.org/2022/11/01/lgbtq-stigmatization-in-the-czech-republic-a-worrying-trend-among-local-politicians/[/ref] The Prime Minister at the time of reporting, Petr Fiala, is a proponent of so-called traditional family values, and is opposed to the legalization of same-sex marriage on the basis that it “goes against my faith, my reason, against all that I know.”[ref]https://globalvoices.org/2022/11/01/lgbtq-stigmatization-in-the-czech-republic-a-worrying-trend-among-local-politicians/[/ref]

Freedom of expression, advocacy of humanist values

Article 17(4) of the Charter of Fundamental Rights and Freedoms guarantees the right to freedom of expression, and Article 355 of the Criminal Code[ref]https://www.zakonyprolidi.cz/cs/2009-40 (in Czech); https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Czech-Republic-Criminal-Code.pdf[/ref] limits this only in cases of defamation against “a group of people for” a range of traits including “religion” or, notably, “because they are actually or allegedly without religion, shall be punished by imprisonment of up to two years.”[ref]http://legaldb.freemedia.at/legal-database/czech-republic/[/ref] Analysis suggests this does not constitute a “defamation of religion” or de facto ‘blasphemy’ law and could only be used to limit incitement against a group of people so defined.

Article 356 of the Criminal Code further outlaws incitement of hatred towards a religious group. Article 404 criminalizes sympathy for hate groups/movements and Article 405 protects against “public denial, questioning, endorsement or vindication of genocide.”

Advocacy of humanist values

Articles 17-23 of the Charter of Fundamental Rights and Freedoms grant citizens political rights to expression, association, assembly, petition, and participation in the administration of public affairs. Specifically, Article 23 grants citizens the “right to resist anybody who would do away with the democratic order of human rights and fundamental freedoms established by the Charter, if the work of the constitutional organs and an effective use of legal means are frustrated.”

According to Freedom House, “the environment for civil society has grown increasingly antagonistic as the government and its allies have harshly criticized some outspoken NGOs.”[ref]https://freedomhouse.org/country/czech-republic/freedom-world/2022[/ref]

As of the time of reporting, CIVICUS – a global civil society alliance that monitors civic space – scored the Czech Republic as “free” with a score of 86/100.[ref]https://monitor.civicus.org/country/czech-republic/[/ref]