Les garanties des libertés fondamentales dans la République tchèque

Abstract

The human rights and fundamental freedoms have experienced quite a dramatic development in the Czech Republic. During the short period of existence of the First Republic, the first joint state of the Czechs and Slovaks, a basis for the theory of human rights and their protection was formed and subsequently, after the fall of communism in 1989, was reincorporated into the Czech legal system. Almost immediately after the collapse of the communist regime, the Czech Parliament adopted a new Constitution, a Charter of Rights and Freedoms and a number of laws regulating the area of human rights and fundamental freedoms. The legislator not only « proclaimed » individual human rights and freedoms but also recreated a system of their protection. Human rights in the Czech legal system are given protection at both the national and international level. Under Czech constitutional law, the protection of human rights is ensured through judicial institutions, the Czech Constitutional Court, in particular, as well as through non-judicial institutions, such as the new institution of ombudsman. International protection is based on numerous international treaties regarding human rights to which the Czech Republic ratified and is a party to, including, without limitation, the European Convention on the Protection of Human Rights and Freedoms.