Quick Overview
Ethnicity is not the same as citizenship: it expresses personal identity, while citizenship represents a legal relationship to the state. The Act on the Rights of Members of National Minorities defines minorities as communities of Czech citizens who differ from other citizens in terms of, for example, language, origin, or culture, and who wish to be recognized as a minority. Members of these minorities have the right to preserve their own identity, to associate, and to participate in public life. The use of a minority language before government authorities and education in that language are subject to statutory conditions. In the event of an infringement of these rights, the method of defense depends on the specific situation and the relevant legal provisions.
The fundamental legal framework for this issue is provided by the Charter of Fundamental Rights and Freedoms and the related Act on the Rights of Members of National Minorities, which defines national minorities and guarantees the exercise of rights by their members. It is based on the fundamental premise that no one may suffer any harm as a result of belonging to a national minority.
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What is the difference between nationality and citizenship?
Let’s first explain the basic concepts on which the legal framework is based:
Nationality
We understandnationality as belonging to a nation, a national or ethnic minority. The key point is that everyone can choose which nationality they identify with and can even identify with more than one. Thus, it is possible that of two siblings living in Olomouc, one identifies as Moravian and the other as Czech. This is because neither place of birth, place of residence, nor native language is the determining factor—only one’s own relationship to a nationality. On the other hand, identifying with a particular nationality can be viewed as a stigma in the Czech Republic, a sentiment felt particularly by the Roma, of whom approximately 22,000 identify as Roma, although the number of members of this ethnic group here is estimated at up to 300,000.
Citizenship
Nationality is often confused with citizenship. However, there is a significant difference between the two. Citizenship denotes belonging to a particular state and allows citizens to participate in the governance of the state, primarily through elections. We typically acquire our initial citizenship from the parents to whom we are born. If we decide to become a citizen of another country, it is not always straightforward. Under certain circumstances, however, we may hold more than one citizenship, which in some countries can be acquired, for example, through marriage. In the Czech Republic, however, the law does not provide for this option of acquiring citizenship.
Czech citizenship can be acquired:
- by birth,
- adoption,
- establishment of paternity,
- by being found on the territory of the Czech Republic,
- by declaration,
- in connection with placement in institutional, foster, or other forms of substitute care,
- granting upon application.
There is a common misconception that a child born in a particular country automatically acquires that country’s citizenship. However, this is far from the truth. Two principles are used to determine a newborn’s citizenship: ius sangui and ius soli.
Czech regulations (and those of most countries in Europe, Africa, and Asia) are based on the principle of ius sangui (literally, “right of blood”) when determining citizenship. In practice, this means that a child born to two Czech citizens will have Czech citizenship regardless of whether the child was born in Brussels, Russia, or on an airplane. Conversely, if a Ukrainian woman gives birth in the Czech Republic to a child with her Ukrainian partner, their child will not automatically acquire Czech citizenship.
The opposite of this principle is ius soli (literally, “right of the soil”). This principle is also applied in the Czech Republic to a very limited extent: A child would acquire Czech citizenship if both parents were stateless (i.e., stateless persons under international law, meaning the person holds no nationality), or if a child under the age of three is found on the territory of the Czech Republic whose identity and parents are unknown. Otherwise, the principle of ius soli is primarily found in the Anglo-American legal system and in parts of Europe. For a newborn’s citizenship, the child’s place of birth is decisive. A child born to two Czech parents in the U.S. may hold (upon meeting certain conditions) U.S. citizenship.
Nationality
The concept of nationality is often associated with ethnicity and citizenship. These three terms are frequently confused with one another. So what exactly is nationality, and how does it differ from ethnicity and citizenship?
Nationality is a legal relationship between an individual (a natural person) or a legal entity and a state, which establishes the subject’s subordination to the legal system of that state. This relationship establishes that the state has certain obligations toward its national (e.g., protection abroad) and that the national has certain obligations toward the state (e.g., obeying the laws, paying taxes).
Nationality vs. Citizenship
These terms are most often confused and are also the most similar. Nationality is a broader concept than citizenship, as it also includes legal entities belonging to a given state. In contrast, citizenship is a concept defined exclusively for natural persons. The term “nationality” is most commonly encountered in the context of international law.
Nationality vs. Ethnicity
Nationality and ethnicity differ from one another quite significantly. Nationality expresses where a person internally identifies themselves as belonging. It therefore primarily refers to a cultural and historical identity linked to language, traditions, religion, shared history, or origin. However, it plays no role in terms of rights and obligations. On the other hand, citizenship is officially recognized information that expresses the legal relationship between an individual and the state, which also entails specific rights and obligations.
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Ethnic Minority
From the concept of nationality, we move on to the concept of an ethnic minority, which, within the Czech Republic , is defined as a community of Czech citizens living within the territory of the present-day Czech Republic who differ from other citizens, typically by their common ethnic origin, language, culture, and traditions, constitute a numerical minority of the population, and at the same time express a desire to be recognized as a national minority.
Let us emphasize two basic facts:
- national minorities, in the context of the Act on the Protection of National Minorities, consist of citizens of the Czech Republic; they are therefore not tourists, visitors, or refugees
- what is essential is their own desire to be considered a national minority.
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Foreign Nationals in the Czech Republic
It is quite evident that there are also many foreign nationals residing in our country who belong to foreign nationalities. Their numbers have now risen dramatically due to the Russian invasion of Ukraine, which has resulted in several hundred thousand Ukrainian citizens arriving in our country in recent months.
According to estimates by the country’s authorities , just over 590,000 Ukrainians will be residing here by 2025, representing the largest group of foreign nationals in the country. Nevertheless, this is not the largest ethnic minority within the meaning of the aforementioned law. Everything will depend on future developments, opportunities, and the mutual willingness to stay here and obtain Czech citizenship (or not). However, it is very likely that the Ukrainian national minority in the Czech Republic will grow in the future.
Rights of National Minorities
National minorities may participate in the administration of public affairs and take an active part in cultural, social, and economic life. To this end, the government has established an advisory body— the Government Council for National Minorities—chaired by a member of the government responsible for human rights; if no such member is designated, the Council is chaired by the Prime Minister. Its members include representatives of public authorities (the Ombudsman’s Office, representatives of the Union of Towns and Municipalities, etc.) and representatives of national minorities nominated by associations of their members.
The basic scope of rights is established by law. These include, among others:
- the freedom to choose affiliation with a national minority—no one may suffer any harm as a result of their affiliation with a minority,
- the right to association —in national or political associations,
- participation in addressing matters concerning the national minority —active participation in cultural, social, and economic life and in public affairs,
- the use of the national minority’s language in official communications, before the courts, and in electoral matters. This right is further specified in individual regulations. For example, the Tax Code and the Administrative Procedure Code allow a citizen of the Czech Republic who belongs to a national minority that has traditionally and continuously lived in the territory of the Czech Republic to file documents and conduct business in the language of their national minority. If an administrative authority or tax administrator does not have an official who is proficient in the language of the national minority, it shall arrange for an interpreter registered on the list of interpreters. Slovak, however, has a special status, as it is considered equal to Czech. According to the Civil Procedure Code, parties have the right to appear before the court in their native language. For a party whose native language is other than Czech, the court shall appoint an interpreter as soon as the need for one becomes apparent during the proceedings
- Education in the language of a national minority —in schools, preschools, and educational institutions. It is also possible to exercise the right to establish private schools where the language of instruction is that of a national minority or where the language of a national minority is taught as a subject, as well as private preschool or school facilities. These rights are further regulated by the Act on Educational Institutions.
Exercise and Protection of the Rights of National Minorities
The Act on the Rights of National Minorities does not, in and of itself, contain any sanctions for violations of these rights. Determining whether or not a violation of minority rights has occurred is often a legal challenge. This is because the Minority Rights Act is not the sole and comprehensive implementing law in relation to the Charter, as it itself refers to other laws. Complex legal questions often arise regarding which legal provision takes precedence in a given situation and how to assess the situation. It is certainly in your best interest to consult with an attorney in such a situation, who can properly assess the situation. Since this right is enshrined in the Charter of Fundamental Rights and Freedoms, it is theoretically possible to pursue its enforcement all the way to the Constitutional Court, where representation by an attorney is required.
Summary
National minorities in the Czech Republic proceed on the basis that nationality is a personal affiliation with a nation or ethnic group that a person chooses for themselves (a person may identify with more than one nationality), whereas citizenship and nationality are legal relationships with the state, from which specific rights and obligations arise (e.g., the right to vote, protection abroad, the obligation to obey the law and pay taxes); Czech citizenship is generally acquired by birth through one’s parents, and Czech law is based primarily on the principle of ius sanguinis, and only exceptionally on ius soli. Under Czech law, an ethnic minority is a community of Czech citizens who differ from the majority of the population in terms of language, culture, and traditions, constitute a numerical minority, and wish to be recognized as such; they are therefore neither tourists nor refugees, although, for example, Ukrainian citizens currently constitute a numerically very significant group of foreigners, and some of them may eventually become a national minority within the meaning of the law. The fundamental legal framework is provided by the Charter of Fundamental Rights and Freedoms and the Act on the Rights of Members of National Minorities, which is based on the principle that no one may suffer harm as a result of belonging to a minority and guarantees, in particular, the right to freely choose one’s nationality, the right to associate in national and political organizations, to participate in public, cultural, social, and economic life (including through the Government Council for National Minorities), the right to use the minority language in official communications, before the courts, and in elections (including the provision of interpreters and the special status of the Slovak language), and the right to education in the minority language, including the establishment of schools and educational institutions where the minority language is used. However, protecting these rights is complex because the Minority Act does not contain its own sanctions and refers to other regulations; thus, it is often necessary to combine multiple legal instruments, and in cases of serious infringements of fundamental rights, the situation can only be resolved through a constitutional complaint, for which representation by an attorney is mandatory.
