The Charter of Fundamental Rights and Freedoms ( cs, Listina základních práv a svobod, sk, Listina základných práv a slobôd) is a document enacted in 1991 by the
Czechoslovak Federative Republic
After the Velvet Revolution in Revolutions of 1989, late-1989, Czechoslovakia adopted the official short-lived country name Czech and Slovak Federative Republic ( cz, Česká a Slovenská Federativní Republika, sk, Česká a Slovenská Federat ...
and currently continued as part of the
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
systems of both the
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
and
Slovak Republic.
Differences in the successor states of Czechoslovakia
In the Czech Republic, the document was kept in its entirety as a separate document from the
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, but imbued with the same legal standing as the constitution.
[Full text of Czech Charter]
/ref>[Constitution of the Czech Republic, Art. 112] It is a part of the Constitutional Code of the Czech Republic – a sum of constitutional laws and other sources of law, explicitly named in the constitution – that possesses the highest level of legal force.
In Slovakia, the basic provisions of the Charter were integrated directly into the Slovak constitution
Slovak may refer to:
* Something from, related to, or belonging to Slovakia (''Slovenská republika'')
* Slovaks, a Western Slavic ethnic group
* Slovak language, an Indo-European language that belongs to the West Slavic languages
* Slovak, Arka ...
.[Constitution of the Slovak Republic, Art. 5–54]
Though these legal provisions articles are substantively the same, there are some differences, such as the Slovak contention that "the privacy of correspondence and secrecy of mailed messages and other written documents and the protection of personal data are guaranteed."[Constitution of the Slovak Republic, Art. 22]
The inclusion of the goals of the Charter directly into the Slovak constitution means that only the Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
currently has a "Charter of Fundamental Rights and Basic Freedoms".
Creation of the Czech Constitution
An agreement was signed after the negotiations of the prime ministers Václav Klaus
Václav Klaus (; born 19 June 1941) is a Czech economist and politician who served as the second president of the Czech Republic from 2003 to 2013. From July 1992 until the dissolution of Czechoslovakia in January 1993, he served as the second ...
and Vladimír Mečiar
Vladimír Mečiar (; born 26 July 1942) is a Slovak politician who served as the prime minister of Slovakia three times, from 1990 to 1991, from 1992 to 1994 and from 1994 to 1998. He was the leader of the People's Party - Movement for a Democr ...
on in August 1992, that set the date of the dissolution of Czechoslovakia to 31 December 1992. The dissolution was approved by the Parliament in November of the same year.
Because of an opposition from the Civic Democratic Alliance
The Civic Democratic Alliance ( cs, Občanská demokratická aliance, ODA) was a conservative-liberal political party in the Czech Republic, active between 1989 (founded shortly after the Velvet revolution) and 2007. The ODA was part of govern ...
(ODA), the Civic Democratic Party (ODS) and especially the prime minister Klaus
Klaus is a German, Dutch and Scandinavian given name and surname. It originated as a short form of Nikolaus, a German form of the Greek given name Nicholas.
Notable persons whose family name is Klaus
* Billy Klaus (1928–2006), American base ...
– who described the Charter as "''the weeds of the Constitution''" – the Charter never became a part of the Constitution. The time was running out and the members of the parliament had to reach an agreement on the text of the new Czech Constitution. Because of that a new legal term ''Constitutional Code'' was created, so that the Charter could have a legal authority similar to the constitution without being a part of the constitution. Viktor Knapp
The name Victor or Viktor may refer to:
* Victor (name), including a list of people with the given name, mononym, or surname
Arts and entertainment
Film
* ''Victor'' (1951 film), a French drama film
* ''Victor'' (1993 film), a French shor ...
– a distinguished Czech lawyer – called this at the time "''a result of a strange legislative compromise''".
Comparison with the US legislation
The document is somewhat analogous to the United States Bill of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
, although its provisions tend to be more specific, and imbue its citizens with more and different rights than in United States constitutional law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the indi ...
, which by contrast recognizes and protects natural rights rather than grant legal entitlement.
References
{{reflist
Constitution of the Czech Republic
Government of the Czech Republic
Political charters
Czechoslovak law
Law of the Czech Republic
Law of Slovakia
National human rights instruments
1991 in law
1991 documents