Equal Rights and Opportunities for Residents in Czech Republic

1. Findings for Czech Republic

2. Do all residents have equal rights, responsibilities and opportunities to become full members of society & Czech citizens? Benchmark policies and implementation measures, according to European & international standards on Equal Treatment Public “Quick Reference Guide”

3. No official data on implementation, evaluation, and impact MIPEX clearly captures the policy & starts debate on rest: Strictly scrutinize policy objectives, progress, and results How do the strengths & weaknesses in policies affect migrants? What data do you have that laws & implementing measures are being properly implemented? Do we know what are the results of these laws for migrants? How are integration policies undermined by general problems of the rule of law?

4. 7 Policy Areas for immigrants to participate in society: Labour market mobility* Family reunion* Education Political participation* Long-term residence* Access to nationality Anti-discrimination Covers 27 EU Member States, Norway, Switzerland, Canada, USA

5. Age limits for sponsor and/or Spouse/partner • 148 indicators were developed by MPG & research partners for the seven strands • Each policy indicator reflects law/policy passed by 31 May 2010 (200 questions x 31 countries) • Each is scored by national correspondent(s) based on legal texts • the country is scored on three potential responses per question • Scores are then peer reviewed (2nd independent expert(s) from the country) 1 2 3 Between 18-21 with exceptions FAMILY REUNION Age of majority 21 or over

6. Score • For each indicator: Country X • i.e. ‘age limits’ = 3 (100) 2) For each of 4 dimensions per strand (eligibility, conditions for acquisition, security of status, rights associated) i.e. 5 indicators on eligibility for family reunion = 75 (sponsors, spouses, minor children, dependent relatives, dependent adult children) The results for each indicator are weighted and aggregated: 3) For each strand i.e. 27 indicators on family reunion = 43 • 4) For each country • i.e. 142 indicators = 62

7. EU Average ≈50%: Halfway favourable Political will counts, more than tradition Policies more similar and strong with EU law

8. Several new migration countries lead: GR, PT, ES, LU Several others catch up on basics (EE, HU, LV...) CZ +4 All because of Anti-Discrimination Law 198/2009 No other change in legal opportunities to integrate (but discretion in system changing implementation?)

9. EU12 transposed EU law on LMM, FreU, LTR, but retain wide discretion • Residence laws need full implementation with legal & clear rules • Like EU27 average, weak on education & nationality • Like EU12, very weak on political participation • Unlike EU27, only halfway on fighting discrimination • CZ needs reform for fully successful integration 19th 25th 15th 19th 13th 10th 15th 29th

10. Because of EU law, countries greatly and consistently improve legal conditions for societal integration CZ last to catch up, major progress to meet ‘minimum’

11. ‘Existing constitutional provisions’ not enough 2X score, from worst & unfavourable to ‘halfway’ • Race/ethnicity ground • At least Public Defender of Rights now equality body • Protection against victimisation • Wider sanctions, access to legal aid & interpreters

12. ‘Minimum approach’ new & some of weakest in EU • Religion ground in all areas (15, soon PL) • Stronger & active Equality Body (BG,HU,RO) • NGOs improve & use procedures (SK progress)

13. Equal access is standard in countries in lead or attracting migrant workers Rights as favourable as unfav: • Should enforce equal working conditions (most) • Also law does not provide equal access to jobless benefits (unlike half) & public job services (unlike most) Little attention to specific needs

14. EU Areas of Strength: Basic legal right, residence & socio-economic rights for reunited families Inclusive definition of family, but nearly all MS do not require sponsor’s permit to be permanent Too many grounds remain for refusal, withdrawal, autonomous permits

15. EU Areas of Strength: Basic security/rights for long-term residents In CZ like EU12, few basic legal conditions can be applied with wide discretion: wide grounds, no guarantees for migrants with ties

16. If properly implemented, LTR language test can be example of reducing unequal treatment & setting basic, professional conditions for all applicants to succeed

17. Despite renewed interest, reform needed, esp. EU12 Gaps on political rights: 9 in Central Europe Missing out on Voting Rights as ‘best practice’ (HU, SK...) Regional integration centres miss chance for migrant self-organisation & consultation (see S. Europe)

18. Areas of weakness: Despite years of talk on reform, missing out on EU reform trends: • Dual nationality (18) • Ius soli (15, e.g. DE, GR) • Short residence period (3-7 years total, not 10 • Secure once citizens, but discretion undermines the ‘average’ conditions

19. Areas of weakness: Most grant equal access to compulsory education, teach national & immigrant languages, & some form of intercultural education • In CZ not for all legal TCNs • Schools retain discretion on implementation • In half, undocumented pupils access all school levels