Laws

CZECHOSLOVAKIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
Custody of Children
Discrimination
Estates, Property
Fostering Children
Gender Identity
Harassment
Hate Crimes
HIV/Aids
Homosexuality
Immigration
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
Military
Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 1990, the age of consent for consensual sex between same-sex couples was equalised at 15 years [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09
Interpol: Sexual Offences Against Children Spring 06 (Accessed 18 MAR 10)
Asylum, Refugees, Immigration Legislation/Cases/References
1.

National

In December 2010, the Czech Republic was reportedly using "phallometric testing" to check whether asylum seekers who claim to be gay are lying [R1.1].

R1.1 PinkNews: Czech Republic uses 'gay tests' on asylum seekers 06 DEC 10
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

On 01 July 2006, the registered partnership law took effect [R1.12].

The Czech Republic is the first country in the region to allow same-sex civil unions.

Registered same-sex couples receive inheritance and health care rights comparitive to those of heterosexual couples [R1.11]

Previously:

In March 2006, the Lower House passed a Bill which later was passed by the Senate, creating a domestic partnership registry and extending to same-sex couples most of the same rights as married couples [R1.10] . The Czech president vetoed the measure however, the Lower House overruled the veto [R1.10].

In October 2001, the lower chamber of the Czech parliament rejected a draft law that would grant certain legal rights to gays and lesbians, returning it to the government for revision [R1.9].

Partnership bills failed three times in Parliament, in 1998, 1999 and in 2001 [R1.8].

In September 2001, the Czech Republic cabinet approved and sent to parliament legislation to legalise homosexual partnerships [R1.7].

In September 2001, there was strong opposition from Czech catholics however a recent poll found 41% of Czechs supported legal recognition of gay couples and 33% opposed it [R1.6].

In December 2000, a Justice Ministry draft proposal for recognition of gay and lesbian couples had the approval of Czech activists [R1.5].

In May 2000, Government Human Rights Commissioner Petr Uhl repeated a call for a new bill to legalize "registered partnerships" for same-sex couples. The ruling Social Democratic Party (CSSD) appeared to a domestic partnership law, however the conservative Christian Democrats (KDU-CSL) – strongly oppose it [R1.4].

In December 1999, Czech MPs rejected a legislative bill on homosexual couples which was hotly disputed between supporters of equal rights and critics who said it would erode family values [R1.3].

In March 1999, the Chamber of Deputies agreed in principle to pass the draft bill proposing legal rights for registered homosexual couples, clearing its second legislative hurdle [R1.2].

In May 1998, the parliament of the Czech Republic has voted down a gay registered partnership scheme by only two votes [R1.1].

R1.12 MCV: Czech Republic 06 JUL 06
R1.11 MCV: 500 Czech Couples Register 07 FEB 08
R1.10 Melboure Star: Czech President Bounced 30 MAR 06
R1.9 MCV: Czech Republic and Austria Push to Legalise Same-sex Unions 23 DEC 05
R1.8 Gay.com UK: Czech Parliament Rejects Gay Marriage Bill 26 OCT 01
R1.7 South African Press Association: Okay to be Gay in Prague 17 SEP 01
R1.6 Sydney Xpress News: Czechs Sign Anti-Gay Petition 13 SEP 01
R1.5 Planet Out: Czech Bill for Partners Rights 11 DEC 00
R1.4 Capital Q Weekly: Czechs Plan Partner Law 26 MAY 00
Prague Post Online: Czech Gays Seek New Partnership Law 10 MAY 00
R1.3 Agence France Press: Czech MPs Reject Law On Homosexual Couples 03 DEC 99
R1.2 The Prague Post Online: Gay-couples Bill Clears Hurdle No. 2 07 APR 99
R1.1 Melbourne Star Observer: Partners Measure Narrowly Defeated 29 MAY 98
Discrimination Legislation/Cases/References
1.

National

In December 2009, it was reported that the Republic had opted out of the European Union's Treaty of Lisbon, which came into force December 1 and incorporates the EU Charter of Fundamental Rights [R1.4].

In October 2008, Labour and Social Affairs minister, Petr Necas said the Czech Republic could face an official complaint from the European Commission and financial sanctions over its failure to introduce an EU directive on discrimination into its legislation [R1.3].

In September 2008, a key parliamentary vote on an anti-discrimination bill that would bring the Czech Republic into line with other EU nations was delayed until after elections to the Senate [R1.2].

In 1999, discrimination in employment based on sexual orientation became unlawful [R1.1].

R1.4 PinkPaper.com: EU treaty is first to ban discrimination against gays 08 DEC 09
R1.3 PinkNews.co.uk: Czechs Face EU Sanctions Over Anti-discrimination Directive 09 OCT 08
R1.2 PinkNews.co.uk: Czech Vote on Discrimination Bill Delayed Until After Elections 25 SEP 08
R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

National

On 09 November 2011, the lower house Chamber of Deputies, passed a new civil code that is to take effect as from 2014. Under the proposed code registered couples are not given the right to joint property. It is yet to be approved by the upper house, the Senate, and then signed by President Vaclav Klaus [R1.2].

On 01 July 2006, the registered partnership law came into effect and registered same-sex couples receive inheritance rights comparitive to those of heterosexual couples [R1.1].

R1.2 Prague Daily Monitor: Czech homosexuals want civil code to allow their child adoption 14 NOV 11
R1.1 MCV: 500 Czech Couples Register 07 FEB 08
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 09 November 2011, the lower house Chamber of Deputies, passed a new civil code that is to take effect as from 2014. The code requires sterilisation if sex is changed and the ending of the existing marriage. It is yet to be approved by the upper house, the Senate, and then signed by President Vaclav Klaus [R1.1].

R1.1 Prague Daily Monitor: Czech homosexuals want civil code to allow their child adoption 14 NOV 11
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1962, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, 13 MAY 09
MCV: 500 Czech Couples Register 07 FEB 08
Military Legislation/Cases/References
1.

National

The Army reportedly doesn't question the sexual orientation of soldiers, and allows homosexuals to serve openly [R1.1].

R1.1 GlobalGayz.com: Gay Czech Republic (Accessed 18 MAR 10)
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 09 November 2011, the lower house Chamber of Deputies, passed a new civil code that is to take effect as from 2014. The code requires sterilisation if sex is changed and the ending of the existing marriage. Same-sex partners will still not be able to apply for child adoption or a joint foster care and registered couples are not given the right to joint property. It is yet to be approved by the upper house, the Senate, and then signed by President Vaclav Klaus. [R1.3].

In June 2011, homosexual and unmarried couples must not take a child in foster care under Czech legislation however the first registered same sex couple were assessed to look after a child in foster care though officially only one of the partners has the foster parent's status [R1.2].


As at February 2008, the law in Czechoslovakia does not permit adoption of children by same-sex couples [R1.1].

R1.3 Prague Dailt Moniton: Czech homosexuals want civil code to allow their child adoption 14 NOV 11
R1.2 Prague Daily Monitor: First Czech same-sex couple to foster parent a child 13 JUN 11
R1.1 MCV: 500 Czech Couples Register 07 FEB 08

GayLawNet®™ "Exclusive" Sponsorship of this page IS available