Racism is not just a matter of social mood or inappropriate remarks. In some situations, racist behaviour can have very specific legal consequences – from misdemeanours to discrimination claims to criminal prosecutions. What is racism from the perspective of Czech law? What law punishes racism and when can it be a hate crime? And what does racial segregation mean, which is often discussed, for example, in education or housing?
If you ask what racism is, the answer is not just sociological or historical. First and foremost, racism is an attitude or action that is based on the belief that people of a certain race, ethnicity or colour are less valuable, dangerous or deserve worse treatment. From a legal perspective, it is important that racism often leads to specific actions – for example, insults, exclusion from the community, denial of services, or even violence.
Czech law deals with racism not only as inappropriate behaviour but as a serious problem because it interferes with fundamental rights and freedoms. Everyone has the right to equal treatment regardless of origin, nationality or colour. As soon as someone starts acting on the basis of racial prejudice, they may commit discrimination or even a criminal offence.
It is also important to distinguish between opinion and action. The law does protect freedom of expression, but only to a certain extent. If expressions of racism turn into incitement to hatred or an attack on a particular group, the police and the courts can intervene.
Racism is therefore not just a moral issue. In the context of law, it is often an act that has clear legal consequences, sometimes very serious ones.
Racism, discrimination or hate attacks are not just a social problem – they are often situations that can have serious legal consequences and deeply affect a person’s life. Whether you have been the victim of racist behaviour, face racial segregation at school or work, or need to defend yourself in the event of a hate speech allegation, it is important to have an expert by your side. We can provide you with one.
The Czech legal system does not have one single regulation called the “Racism Act”, but racist behaviour is sanctioned by several important legal norms.
The fundamental pillar is the Charter of Fundamental Rights and Freedoms, which guarantees equality of dignity and rights. No one shall be disadvantaged because of race, origin or nationality. This principle is followed by the Anti-Discrimination Act, which prohibits discrimination in employment, education, health or the provision of services.
However, if racism crosses a certain threshold, criminal law steps in. The Criminal Code punishes acts motivated by racial hatred particularly severely. For example, an attack against a person because of his or her skin colour is considered an aggravating circumstance and can lead to a higher sentence.
In some cases, racism becomes a straightforward matter of criminal law. Not every inappropriate comment automatically constitutes a criminal offence, but when expressions of racism escalate into hate attacks, the state intervenes through the police and the courts.
The Czech Criminal Code contains several offences relating to racism. Among the most common are incitement to hatred against a group of persons, defamation of a nation, race or ethnic group, or violence against a group of people. These offences can take place not only physically, but also online – for example, on social media or in discussion forums.
A typical example is when someone publicly calls for attacks on Roma, Ukrainians or other ethnic groups. In this case, it is no longer an “opinion”, but a dangerous action that can destabilise society.
Moreover, a racist motive is often assessed as an aggravating circumstance in other crimes – for example, bodily harm or rioting. If an offender attacks a person because of the colour of their skin, the court takes it much more seriously.
Whether it was a one-off statement or a long-term systematic attack also plays a role in criminal proceedings. This is why it is advisable to contact an attorney – whether as a victim or a person accused of hate speech.
If you are unsure whether your experience constitutes discrimination or a crime, an attorney can quickly assess the situation and suggest a course of action.
One of the terms that is increasingly emerging in legal debates is racial segregation. What does it mean? Racial segregation is a situation where people are systematically separated or excluded from society on the basis of race or ethnicity. The most famous historical examples come from the USA or South Africa, but racial segregation can also take modern forms in European countries, including the Czech Republic.
Segregation can manifest itself, for example, in education, where children from a particular minority end up in special classes or schools without any objective reason for it. Another area is housing – when certain groups of the population are pushed into separate localities or when landlords refuse to provide them with an apartment.
Racial segregation is unacceptable in law because it contravenes the principle of equality. It often overlaps with discrimination, but the difference lies in the extent: segregation is often systematic and long-standing.
If you feel that you have been racially segregated (for example at school, in the workplace or when looking for housing), you can take legal action to defend yourself. In some cases, you can go to court, the ombudsman or the Czech School Inspectorate.
A lawyer can help you assess whether there is discrimination or even a more serious violation of rights.
The Ombudsman’s research report states that in 91% of racism cases that have gone to court, the perpetrator was actually convicted.
Racism is not just a theoretical concept or a matter of social debate – Czech and European courts have repeatedly dealt with it in specific cases that show where the line between “inappropriate opinion” and unlawful conduct lies. These cases also help to understand how racism is applied by the law in practice and why the state must actively defend racial discrimination and racial segregation.
One of the most well-known cases is the European Court of Human Rights’ judgment D.H. and Others v. Czech Republic (2007), which addressed the systemic placement of Roma children in special schools. The Court found that this constituted indirect discrimination and de facto racial segregation, as Roma children in Ostrava were placed in “special schools” up to 27 times more often than children of the majority population. This judgment became a major milestone in European minority protection and showed that segregation in education is not only a social problem, but also a violation of fundamental rights.
Another important example is the decision of the Czech Constitutional Court concerning hate speech on the Internet. In 2022, the court upheld the conviction of a man who posted extremely racist comments under a photo of first-graders from Teplice (mostly Roma and Arab children). The Constitutional Court stressed that in a democratic society, hate speech must be suppressed in serious cases, including by criminal law, because freedom of speech is not unlimited.
Racism in the online space is becoming more and more frequent, and according to a 2020 analysis by the Ombudsman, the majority of hate speech cases heard by Czech courts were linked to Facebook. Interestingly, 91% of the cases that went to court resulted in an actual conviction of the perpetrator. This shows that criminal law is used in practice especially in serious cases of incitement to hatred.
In the Czech environment, it is also worth mentioning the case of the Romani singer Radoslav Banga, who was the target of racist attacks on the Internet. In 2019, the Constitutional Court reproached lower courts for not granting him victim status and stressed that even online racist attacks can significantly affect a person’s dignity and should be taken seriously.
The European dimension of protection from racism is illustrated by the case of Vona v. Hungary (2013), where the European Court of Human Rights approved the disbanding of an extremist paramilitary organisation whose marches intimidated the Roma population. Here, the Court clearly stated that activities that create a climate of fear among vulnerable minorities are not protected by freedom of assembly.
These examples show that racism is not only a moral failing, but often a legally punishable act. Whether it is racial segregation in education, hate speech on social media or organised intimidation of minorities, the courts have repeatedly confirmed that hate has limits – and Czech and European law is ready to protect them.
Hint: According to the latest census, there are approximately 640 000 citizens of non-Czech nationality and approximately 360 000 citizens of Czech and other nationalities. What rights do minorities have in this country and how can they be enforced?
Racism does not always automatically have to be a criminal offence. A large number of cases fall under civil law and discrimination. If someone refuses to employ you, refuses to serve you in a restaurant, or puts you at a disadvantage at school because of your background, this may be racial discrimination.
Anti-discrimination law protects people from unequal treatment in many areas of life. Racism is most often found in employment, housing, education or the provision of services. For example, an employer must not reject an applicant because he or she has a different skin colour or comes from another country.
If you want to defend yourself, it is important to collect evidence – for example, emails, testimonies, recordings or reports. In some situations, a reversed burden of proof can also help: the person being discriminated against does not have to prove everything in detail, but it is enough that they can credibly suggest discrimination.
Often it is possible to seek an apology, removal of the discriminatory act or financial compensation. Legal aid is very important here because discrimination cases can be complex and emotional.
An attorney can help you not only with drafting a submission, but also with strategy: whether it is better to go the criminal route or the civil action. He or she can also represent you in contact with the police or the courts, which can be mentally challenging for many people.
If you have experienced racism, it is important to act as soon as possible. Many people underestimate the situation or are afraid to speak up, but the legal system offers protection tools.
The first step is to record what has happened. Keep reports, take screenshots, find witnesses. If it was a physical attack or threats, don’t hesitate to contact the police.
It is also advisable to consult a lawyer. He or she can help you determine whether it was discrimination, a misdemeanor or a felony. He or she can also help you file a criminal complaint or lawsuit.
Racism is often not a one-off problem – it can happen again and get worse. Early legal intervention can prevent further harm and bring justice.
We can help you write a notice, file a lawsuit or negotiate with your employer to reach a fair resolution.
Racism is a sensitive subject, but that’s why it’s important to know when not to address the situation yourself. You especially need a lawyer if you are the victim of a racist attack, are at risk of discrimination or fear an escalation of conflict.
Legal advice is appropriate, for example, when:
Racism is not just a social problem or an inappropriate remark, it can have very specific legal consequences. If you ask what racism is, in legal terms it is behaviour or speech based on a belief that people are unequal on the basis of race, origin or colour, often leading to insults, exclusion, discrimination or even violence. The Czech legal system does not have a single “racism law”, but multiple regulations govern racist behaviour, from the Charter of Fundamental Rights and Freedoms to the Anti-Discrimination Act to the Criminal Code. In particular, racism becomes a criminal offence when it escalates into defamation of a nation or race, incitement to hatred or violence against a group of people, even in the online space. Racial segregation is also a serious phenomenon, i.e. the systematic separation of people on the basis of their origin, for example in education or housing, which is contrary to the principle of equality. Not every case of racism has to be a criminal offence; it is often discrimination that can be defended against by legal action, apology or compensation. If you have been a victim of racism or are facing a charge of hate speech, it is important to act early, preserve evidence and contact a lawyer to help you choose the right course of action and protect your rights.
Czech law does not typically use a uniform definition of ‘racism’. However, it does cover discrimination on the grounds of race/ethnicity and specific hate speech or attacks under anti-discrimination and criminal law.
Not one in particular, but racism is regulated by the Anti-Discrimination Act and the Criminal Code.
Yes. Racial segregation violates the right to equal treatment and can be considered discrimination.
If racism escalates into defamation, incitement to hatred or violence against a group of people.
Yes, especially if you want to file a report, file a lawsuit or defend yourself against an accusation.
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