Shrnutí: If your fundamental rights are violated, the means of defense depend on who infringed upon them and which right is involved. Human rights protection in the Czech Republic can be sought through government agencies, the Public Defender of Rights, and the courts, including the Constitutional Court. If available domestic remedies fail, a complaint to the European Court of Human Rights may also be considered under certain conditions. We explain the current options for redress in 2026.
Not sure how to defend against a human rights violation in your specific case? The decisive factors are not only which right has been violated, but also who violated it and what remedies you have already exhausted. Describe your situation to us, and an attorney will recommend the appropriate next steps.
| Situation | Where to Turn in General |
|---|---|
| Unlawful decision by an administrative authority | Appeal → administrative court |
| Interference by another person or company | The relevant government agency or general court, depending on the situation |
| Discrimination | Public Defender of Rights, inspection authority, or court |
| Violation of a constitutionally guaranteed right by public authorities | The Constitutional Court after all available remedies have been exhausted |
| Violation of a right under the European Convention | The European Court of Human Rights after the conditions have been met |
Human rights are rights we have simply because we exist as human beings. Although it might seem otherwise at first glance, these rights are not granted by any government. They belong to all of us, regardless of nationality, gender, origin, race, religion, language, political beliefs, or any other status. This includes both the most fundamental rights, such as the right to life, and those that significantly affect the quality of life, such as the right to education, work, and freedom of expression.
The permanence of human rights goes hand in hand with the impossibility for public authorities to take them away or revoke them. Individuals cannot waive them or transfer them to another person. People possess these rights from birth to death and, in some cases, even before birth and after death. However, there have, of course, been long-standing debates about this “natural law” nature of human rights. In practice, it must always be the state and a specific authority that defines and protects these rights.
Throughout history, as far back as the Middle Ages, we have encountered various documents that granted certain rights to specific groups. Human rights were not firmly established until the late 17th century in England and the late 18th century in America (the Bill of Rights). In Europe, the French Declaration of the Rights of Man and of the Citizen marked a turning point in this regard at the same time. Nevertheless, massive human rights violations continued in the decades and centuries that followed, as was particularly evident in the trials of those convicted of crimes committed during World War II.
For these reasons, the protection of human rights was enshrined as one of the primary objectives of the United Nations in the UN Charter. In 1948, the Universal Declaration of Human Rights was adopted. It is a comprehensive list of human rights approved by the majority of UN member states and has inspired many other states and organizations to adopt other human rights documents. In Europe, the most important convention adopted was the Convention for the Protection of Human Rights and Fundamental Freedoms—commonly known as the European Convention on Human Rights—in 1950.
In honor of the adoption of the Universal Declaration of Human Rights, Human Rights Day is celebrated around the world on December 10.
What rights do ethnic minorities have in the Czech Republic? You can find out in our article.
Our fundamental human rights are set forth in several national and international documents. In the Czech Republic, the Charter of Fundamental Rights and Freedoms is of paramount importance; at the international level, key documents include the Universal Declaration of Human Rights and the European Convention on Human Rights. Let’s take a closer look at the most important ones:
Fundamental human rights in the Czech Republic are guaranteed primarily by the Charter of Fundamental Rights and Freedoms. These rights are guaranteed to everyone without distinction based on sex, race, skin color, language, faith or religion, political or other opinion, national or social origin, membership in a national or ethnic minority, family property, or other status. At the same time, the Charter guarantees that no one may be harmed for exercising their fundamental rights and freedoms.
For several decades now, the Czech Republic has not been among the countries where mass human rights violations occur. However, this does not mean that individual cases do not arise in which these rights are infringed upon. This can result from the actions of an individual or a company, or even from improper official procedures. In such cases, our legal system offers various avenues of defense.
There are indeed many ways in which a fundamental right can be violated. For example, an employer may discriminate against you in the workplace based on your skin color; an administrative authority may unjustifiably deny you the right to assemble; or a local ordinance may have been enacted in your municipality that prevents a certain group of people from exercising their rights. All of these situations may constitute human rights violations, but the appropriate course of action would be entirely different in each case. That is why it is advisable to seek professional guidance.
There is no single, universal institution you can turn to for every human rights violation. The proper course of action depends on the nature of the violation. You’ll defend yourself differently against discrimination by an employer than against an unlawful decision by a government agency.
Tip from legal practice: In practice, one of the most common mistakes is perceiving one’s situation merely as unfair without simultaneously determining which specific right has been violated and what legal remedy can be used against the infringement. When it comes to the protection of human rights, choosing the correct course of action and adhering to procedural deadlines can be just as important as the arguments themselves. Before filing a complaint or a lawsuit, have a lawyer verify that you are choosing the correct remedy and that you are not missing any deadlines. A lawyer can assess your case and recommend where to turn in the event of a human rights violation.
The Dostupný advokát team will help you resolve any difficult situation. Within 24 hours, we’ll propose a solution and provide you with a price quote. The fee for drafting the proposal is 390 Kč. And if you order the services we propose, the proposal will be drafted free of charge.
The protection of all our rights (not just the fundamental ones) should primarily be provided by the courts, led by the Supreme Court. In addition to the general courts, the administrative judiciary—whose highest body is the Supreme Administrative Court—provides specialized oversight of the correctness (legality) of decisions made by state administrative bodies.
The Constitutional Court is also sometimes mistakenly referred to as the highest court to which one can appeal at any time if other remedies fail. While the exhaustion of other avenues of legal protection is one of the conditions for the Constitutional Court’s jurisdiction to rule, it must also be the case that the decision in the proceedings violated one of the rights guaranteed by the constitutional order.
A constitutional complaint is not just another ordinary appeal against a court decision. It is intended to protect constitutionally guaranteed fundamental rights and freedoms against interference by public authorities. As a rule, it may be filed only after all procedural remedies provided by law for the protection of rights have been exhausted.
Under the Act on the Constitutional Court, a constitutional complaint is generally filed within two months of receiving the decision on the final procedural remedy. Furthermore, a natural person or legal entity must be represented by an attorney in proceedings before the Constitutional Court.
Procedural requirements and the applicable time limit may determine the outcome of a constitutional complaint. If you are considering filing one, have a professional verify in a timely manner whether the legal requirements are met in your case.
If you feel that one of your rights guaranteed by the Charter of Fundamental Rights and Freedoms has been restricted, first try to identify which legal provision enshrines that fundamental right and exactly how it was violated. This will then indicate the appropriate course of action to take to enforce your rights.
For many years, one member of the government— the Minister for Human Rights—was responsible for the protection of human rights. However, this position was abolished several years ago. Within the Office of the Government of the Czech Republic, the position of Government Commissioner for Human Rights continues to exist, and it is typically held by the chair or vice-chair of the Government Council for Human Rights.
The Government Council for Human Rights is an advisory body to the Government of the Czech Republic; however, it does not deal with individual cases of rights violations, but rather with the long-term development of human rights protection in the Czech Republic and prepares proposals and recommendations to improve the state of human rights compliance.
The Public Defender of Rights is not an institution focused directly on fundamental or human rights; but is generally tasked with protecting individuals from actions by government agencies and other institutions that violate the law, contravene the principles of a democratic state governed by the rule of law and good governance, or from their inaction. Through this work, it contributes to the protection of fundamental rights and freedoms.
However, the Public Defender of Rights cannot directly enforce your rights or make binding decisions. Nevertheless, it can provide assistance and, for example, file a lawsuit in the public interest.
If you are unable to obtain protection of a fundamental right in the Czech Republic, in some cases you may consider filing a complaint with the European Court of Human Rights (ECHR) in Strasbourg. However, the ECHR is not a higher appellate court above the Czech courts. The ECHR assesses whether a state has violated any of the rights protected by the European Convention on Human Rights and its protocols.
One of the basic requirements is that you have exhausted all effective domestic remedies. Furthermore, the complaint must be filed within four months of the final domestic decision.
The complaint is filed using the official form of the European Court of Human Rights and must meet the requirements set forth in the ECHR’s Rules of Procedure. Simply sending a general letter or an incorrectly filled-out form is not sufficient.
In practice: Acommon misconception is that one can turn to the European Court of Human Rights immediately after disagreeing with a decision by a Czech court. However, the ECHR is not a “higher appellate court,” and before filing a complaint, it is necessary to verify not only whether the right in question is protected by the European Convention, but also whether all available domestic remedies have been exhausted and the four-month deadline has been met.
Are you considering filing a complaint with the European Court of Human Rights? First, have your case reviewed to determine whether it meets the requirements for filing.
Don’t hesitate to seek advice—as we’ve already mentioned, there are truly many different forms and options for protecting human rights, and the correct course of action can only be determined with a detailed understanding of the specific situation. If you’re unsure how to handle specific questions, don’t hesitate to consult a legal expert.
The protection of human rights in the Czech Republic is based primarily on the Charter of Fundamental Rights and Freedoms and on international conventions, particularly the European Convention on Human Rights. Human rights are universal rights that belong to every person simply by virtue of being human—ranging from the right to life, liberty, and personal security, through the prohibition of slavery and torture, freedom of expression and religion, the right to work, education, and an adequate standard of living, to the right to a fair trial or protection against discrimination. In the Czech legal system, human (here referred to as fundamental) rights are primarily enshrined in the Charter of Fundamental Rights and Freedoms, which guarantees that these rights belong to everyone without distinction based on sex, race, language, faith, or social origin, and that no one may be harmed for exercising them. If these rights are violated (for example, through discrimination in the workplace, an unlawful ban on assembly, or the adoption of a municipal ordinance restricting a specific group of residents), the specific means of defense depends on the nature of the infringement—it may involve a complaint, an appeal, a lawsuit, a petition to the Public Defender of Rights, or, if the conditions are met, a constitutional complaint. Protection is provided primarily by the courts (including administrative courts and the Constitutional Court); the Public Defender of Rights also plays a significant role by overseeing the actions of public authorities. If protection of a right guaranteed by the European Convention cannot be obtained in the Czech Republic and the conditions for admissibility are met, a complaint may be filed with the European Court of Human Rights.
The Charter of Fundamental Rights and Freedoms is part of the constitutional order of the Czech Republic and constitutes a fundamental catalog of constitutionally guaranteed rights and freedoms. It is sometimes colloquially referred to as the Charter of Rights and Freedoms, but it is the same document. It specifies which fundamental human rights the state must respect, protect, and uphold (e.g., the right to life, personal liberty, freedom of expression, privacy, minority rights, etc.). The Charter is binding on courts, government agencies, and lawmakers.
You can find a list of fundamental human rights in several places. At the international level, the Universal Declaration of Human Rights (often simply referred to as the “Declaration of Human Rights” in Czech) is of key importance. In the Czech legal system, fundamental human rights and freedoms are summarized in the Charter of Fundamental Rights and Freedoms.
A list of the most important ones usually includes, in particular:
the right to life,
the prohibition of torture and inhuman treatment,
personal liberty and security,
the right to a fair trial,
freedom of expression, religion, and assembly,
protection of privacy and family life,
the right to work, education, and an adequate standard of living.
The specific list may vary slightly from document to document, but the principle remains the same: to protect human dignity.
If you believe that a human rights violation is occurring, it is a good idea to proceed in two steps:
Determine which specific right has been violated (e.g., under the Charter of Fundamental Rights and Freedoms or a specific law).
Choose an appropriate course of action—ranging from filing a complaint, appeal, or lawsuit to filing a constitutional complaint or bringing a case before an international court.
In practice, the protection of human rights takes place primarily in the courts (including administrative courts and the Constitutional Court). The Public Defender of Rights also plays a significant role—often colloquially referred to as the “Public Defender of Human Rights”—because they intervene when authorities act unlawfully or unfairly.
The Government Council for Human Rights is an advisory body to the government. It does not review individual complaints, but rather focuses on the overall concept of human rights protection—it makes recommendations to the government, comments on draft legislation, and proposes ways to systematically improve human rights protection in the Czech Republic. In the past, the Minister for Human Rights was also responsible for this area; today, the human rights agenda is often entrusted to another member of the government or to the Government Commissioner for Human Rights.
In contrast, the Public Defender of Rights (sometimes colloquially referred to as the Public Defender of Human Rights) addresses specific cases in which a government agency acts in violation of the law or the principles of good governance. Although the Ombudsman cannot single-handedly overturn an agency’s decision, he or she can recommend corrective action, draw public attention to the problem, and, in certain situations, pursue legal remedies.
This is particularly true when the state has violated a right protected by the European Convention and the applicant has previously exhausted effective domestic remedies. It is also essential to comply with the four-month deadline.
As a rule, after all available procedural remedies have been exhausted, if a public authority has infringed upon a constitutionally guaranteed right or freedom. A two-month deadline typically applies, and representation by an attorney is mandatory.
Human Rights Day is celebrated annually on December 10 in honor of the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. This Declaration of Human Rights is a fundamental international document that outlines the rights to which every person is entitled, regardless of nationality, gender, race, or religion.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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