Czechia
Czechia, also known as the Czech Republic, exhibits high range performance in Representation, Rights and the Rule of Law categories of the Global State of Democracy Framework, and it performs in the mid-range in Participation. It is among the world’s top 25 per cent of countries in most factors. Between 2018-2023, Czechia experienced significant improvements in Access to Justice, Effective Parliament and Freedom of the Press. Despite these signs of recovery, gains in Freedom of Expression, which had suffered due to concerns over freedom of discussion and academic freedom, have been slower to materialize. Czechia today has a well-educated labour force and a high-income economy that relies on manufacturing, exports and innovation. Czechia also has one of the lowest rates of income inequality in the EU.
Czechia was born in 1992, after the peaceful separation of Czechoslovakia into Czechia (populated predominantly by Czechs) and Slovakia (populated predominantly by Slovaks). Known as the Velvet Divorce, this separation was the culmination of growing demands by Slovaks for decentralization, disagreements over governance and the economy. Czech-Slovak interethnic relations were peaceful, but the relative economic strength of the Czech part of Czechoslovakia generated resentment over transfer payments to the more economically marginalized Slovak half.
While Czech politics were long structured along the traditional left-right divide, the party system has recently seen significant realignment, driven by disillusionment following corruption scandals involving high-level politicians and concerns over prosecutorial independence. Some parties’ pro-Russia stances have also been controversial. Although the country has seen improvements in corruption perceptions since 2021, it is still behind the EU average. Populist and anti-establishment parties have arguably gained ground due to low degrees of trust in government and promises of stricter migration rules. This point reflects how Czechia, which used to be a transit point in the 1990s, now hosts 14 times more migrants as compared to 1989.
Czechia diverges from other Central European countries in three issue areas. First, emigration is particularly low vis-à-vis immigration. Second, Czechia is a highly secular nation. Lastly, there is growing acceptance of LGBTQIA+ rights. Despite advancements in gender equality, gaps persist in various areas of life, and gender-based violence continues to be a significant concern. In 2024 lawmakers rejected the Istanbul Convention, an international treaty which prevents and combats violence against women and domestic violence. The country, which has never had a female prime minister or president, struggles with low levels of women's representation in politics.
Looking ahead, Rule of Law and Rights (particularly Social Group Equality, Economic Equality, Freedom of the Press and Freedom of Expression) merit special attention. Depending on the success of reforms aimed at increasing transparency and judicial independence, particularly following high-level corruption cases, Absence of Corruption, Predictable Enforcement and Judicial Independence can be affected. The sustained rise in support for the populist radical right may fuel antagonism toward ethnic and religious minorities, including the Roma. Conversely, the April 2024 approval of a law recognizing same-sex partnerships and an August 2023 law protecting whistleblowers in firms with more than 50 employees are encouraging developments for Rights. Looking ahead, Czech politics will likely continue to be shaped by high levels of anti-establishment sentiment, voter concerns over inflation, immigration, and economic performance, and high levels of dissatisfaction with the status quo.
Last updated: 14 June 2024
https://www.idea.int/democracytracker/
May 2024
Constitutional Court rules against surgery requirement for gender transition
On 7 May, the Czech Constitutional Court struck down a law that had required sterilization or a sex reassignment surgery for legal gender transitions. It is now possible to legally change one's gender without undergoing a medical procedure. The Court ruled that these requirements violated fundamental rights, including bodily integrity, personal autonomy, human dignity, and transgender individuals' rights to self-determination, contravening the European Convention on Human Rights. The case was brought before the Court by a transgender person affected by the law. The court annulled several provisions of the Civil Code but delayed the ruling's enforceability, giving Parliament until mid-2025 to enact appropriate legislative changes. Parliament may set other requirements, such as obtaining expert opinions and allowing a certain period of time before officially recognizing gender transition.
Sources: Constitutional Court of Czech Republic, Aktuálně, Jurist, Reuters
April 2024
Senate approves law granting improved rights to same-sex couples
The Senate (upper house of parliament) approved an amendment to the Civil Code to extend rights similar to those of marriage to same-sex partnerships, effective 1 January 2025. When it considered the bill in February, the Chamber of Deputies (lower house) decided not to approve same-sex marriage, but agreed only to recognize same-sex 'partnerships' with extended rights, including inheritance rights, widows' and widowers' pensions, joint property and tenancy, and child adoptions in cases where one partner is a biological parent. President Petr Pavel signed the law on 29 April.
Sources: Parliamentary Press 241 (psp.cz), bne Intellinews, Balkan Insight, Euractiv
August 2023
Law protecting whistleblowers enters into force
After more than a decade of discussion, a law protecting whistleblowers from retaliation, such as dismissal or demotion, came into force on 1 August. It requires companies with 250 employees or more to establish a transparent internal system for reporting illegal practices at work. Later this year it will also apply to companies with 50 employees and above. Protection is only awarded to whistleblowers when it comes to certain crimes, for instance those with a fine of over CZK 100,000 or violations of selected areas of European law such as financial services and public procurement. Additionally, the whistleblower cannot be anonymous and must have worked for the organization, even if in a volunteer or self-employed capacity. The law answers a directive published by the EU in 2019, requesting that all member states ensure adequate whistleblower protection by December 2021. The Czech Republic will have to pay a late fine of CZK 64 million to the European Commission. Civil society groups have raised concerns about weaknesses of the bill, such as the handling of whistleblower reports by the Ministry of Justice instead of an independent agency.
Sources: Transparency International, Expats, iROZHLAS, Transparency International
January 2023
Pro-western Petr Pavel wins presidential election
Petr Pavel, a retired army general and former NATO military committee chief has won the Czech presidential election, garnering 58.3 per cent of the vote. His opponent, Andrej Babiš, a billionaire former prime minister, won 41.6 per cent. Outgoing president Miloš Zeman supported Babiš, with who he shares Eurosceptic and anti-migrant views. Pavel, who promotes stronger EU and NATO relations as well as support for Ukraine, and supports adopting the euro and progressive policies such as same-sex marriage, has conveyed a message of unity following the results. Despite having a largely ceremonial role, the president in Czechia appoints the prime minister as well as central bank heads, is a powerful voice in foreign policy and in pushing government policies. Voter turnout was 68.2 per cent, a substantial increase from 2018’s 61.8 per cent.
Sources: CNN, Euronews, Euractiv, International IDEA
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