League of Human Rights | Annual Report | 2012
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annual report | <strong>2012</strong><br />
the league <strong>of</strong> human rights
introduction<br />
to slow down for a while<br />
For many <strong>of</strong> us the clear feature <strong>of</strong> the present time is lack <strong>of</strong> time while we<br />
attempt to meet the pilling deadlines and commitments. It is more and more<br />
difficult to slow down for a while and think why we actually do what we do.<br />
In the past year The <strong>League</strong> <strong>of</strong> <strong>Human</strong> <strong>Rights</strong> celebrated the 10th anniversary.<br />
The time has come to reflect but also to realize what values connect us and what<br />
we want to achieve. We have been reassured in our belief that we cannot achieve<br />
any real changes without involvement <strong>of</strong> others and that our goal is not only to win<br />
law suits for the weaker or to assert legal changes to prevent violation <strong>of</strong> freedoms.<br />
Our mission is also to point at values <strong>of</strong> freedom, justice and mutual respect upon<br />
which our society is built, and to show a path <strong>of</strong> how to fight for their preservation<br />
and expansion.<br />
In year <strong>2012</strong> we have begun two main activities within this context. One is a project<br />
Anyone Can Be a Hero through which we already collected over a hundred stories<br />
<strong>of</strong> people who have fought for the values they stand for and overcame many an<br />
obstacle. The second one is social company LLP Vision. We have established the<br />
company based on our decision to apply our knowledge and experience through<br />
paid seminars and trainings. The pr<strong>of</strong>it from the business will help to provide publicly<br />
pr<strong>of</strong>itable activities led by the <strong>League</strong>. The creation <strong>of</strong> a separate subject was<br />
motivated by the belief that the model <strong>of</strong> social company is still unknown in the<br />
Czech Republic. The example <strong>of</strong> Teo Babuna, who I had the honor <strong>of</strong> meeting two<br />
years ago in the USA, shows that the road to socially responsible activities does not<br />
have to lead only in direction <strong>of</strong> non-pr<strong>of</strong>itable organizations. For many years he<br />
successfully traded between the USA, Cuba and the Caribbean. After reading a book<br />
by Bob Buford, The Halftime, he experienced a moment <strong>of</strong> great inspiration and<br />
decided to apply its ideas in real life. He sold most <strong>of</strong> his companies and established<br />
the Americas Relief Team, which delivers humanitarian aid into places affected by<br />
natural disasters.<br />
Anyone can be a hero. It is only a matter <strong>of</strong> slowing down for a while and realizing<br />
that everyone has the chance to fulfill the best in us.<br />
David Zahumenský, the head <strong>of</strong> The <strong>League</strong> <strong>of</strong> <strong>Human</strong> <strong>Rights</strong>.<br />
the league <strong>of</strong> human rights<br />
We are a non-pr<strong>of</strong>it organization which defends rights and freedoms <strong>of</strong> all people.<br />
We help people to know their rights and to actively enforce them. We win lawsuits<br />
<strong>of</strong> the weaker ones, produce expert analyses and system recommendations, but we<br />
also publish comprehensible law guides for the public. We push through system<br />
changes, which improve the quality <strong>of</strong> life in the Czech Republic.<br />
author: <strong>League</strong> archive
patients’ rights<br />
Our free law clinic for patients noted<br />
the 3000th question. The clinic visit<br />
rate on our web page ferovannemocnice.cz<br />
has been increasing ever since its<br />
creation in 2006. On average 1100 people<br />
visit the page daily and throughout<br />
the last year we recorded approximately<br />
185 thousand unique users.<br />
The regional court in Brno has for the<br />
second time ruled in favor <strong>of</strong> a young<br />
woman who was involuntarily moved<br />
to a hospital after giving birth<br />
at home. A very precise ruling pointed<br />
at an unsatisfactory knowledge <strong>of</strong> doctors<br />
<strong>of</strong> patients’ rights – predominantly<br />
about the right to decide care and the<br />
right to personal freedom.<br />
We have also approached the Constitutional<br />
Court with a complaint on limiting<br />
women’s right to choose a birth<br />
place outside a hospital. The Court has<br />
rejected the complaint, however it<br />
made clear that factually the complaint<br />
could be reasonable and asked the<br />
state to lead a serious discussion on the<br />
matter. We have therefore approached<br />
the European Court for <strong>Human</strong> <strong>Rights</strong>.<br />
The Highest Court has accepted the<br />
complaint by the <strong>League</strong> that a compensation<br />
<strong>of</strong> 150 thousand Czech<br />
crowns for an unauthorized ovaries<br />
removal is insufficient. According to<br />
the ruling courts should in the future<br />
take more into account the significance<br />
<strong>of</strong> compensation as a preventive<br />
tool. Our client was later ascribed<br />
a compensation, which was twice as<br />
much that is 300 thousand crowns.<br />
We have reached an extrajudicial<br />
settlement for an unlawful sterilization<br />
<strong>of</strong> our client. A part <strong>of</strong><br />
the settlement is besides a financial<br />
compensation also an admittance <strong>of</strong><br />
error from the Czech government. The<br />
government should discuss a proposal<br />
for a compensation <strong>of</strong> all unlawfully<br />
sterilized women, on which the <strong>League</strong><br />
participated and which has already<br />
been approved by the Government<br />
Committee for <strong>Human</strong> <strong>Rights</strong>.<br />
author: ISIFA
author: ISIFA<br />
We have achieved two very significant<br />
successes at the European Court<br />
for <strong>Human</strong> <strong>Rights</strong>. Both cases were<br />
ruled as violations <strong>of</strong> European Convention<br />
on <strong>Human</strong> <strong>Rights</strong> and both were<br />
ascribed a compensation <strong>of</strong> 20.000<br />
Euros. The rulings also helped to change<br />
the unsatisfactory legal statutes in the<br />
Czech Republic.<br />
The case <strong>of</strong> Mr Bureš concerned an unlawful<br />
chaining and it was historically<br />
the first time the Czech Republic was<br />
condemned for humiliating treatment.<br />
In the second ruling in the case <strong>of</strong> Mr<br />
Sýkora, the court criticized the process<br />
<strong>of</strong> legal incapability and placing<br />
people under guardianship into<br />
clinics on the sole basis <strong>of</strong> guardian’s<br />
consent.<br />
We have trained more than 500<br />
social workers and guardians in the<br />
area <strong>of</strong> providing social services and<br />
legal capability.<br />
We have contributed to an overall<br />
improvement <strong>of</strong> the involuntary<br />
hospitalization process. Thanks<br />
to participation in a work group at<br />
the Ministry <strong>of</strong> Justice we have managed<br />
to push through a number <strong>of</strong><br />
suggestions into the civil court order<br />
amendment.<br />
We have finished methodology for<br />
judges, lawyers and psychiatric clinics<br />
and a flyer for their patients concerning<br />
involuntary hospitalization.<br />
Materials are available on Ministry’s<br />
webpage.<br />
We have presented an analysis <strong>of</strong><br />
Czech and international legislature<br />
on the people’s with a disability<br />
right to work. In cooperation with<br />
Cinetik Studio we filmed a documentary<br />
Ploty, which surveys the situation<br />
in the Czech Republic, Great Britain,<br />
Finland and the Netherlands.<br />
handicapped persons’ rights
human rights issues in judiciary<br />
We gave publicity to cases <strong>of</strong> a<br />
possible abuse <strong>of</strong> defamation as<br />
criminal <strong>of</strong>fence.<br />
We followed the case <strong>of</strong> Mr. and Mrs.<br />
Lubovy, who alerted authorities for<br />
a possible abuse <strong>of</strong> children in Novy<br />
Jicin childrens’ home and later had to<br />
face a law suit and were accused <strong>of</strong><br />
causing defamation.<br />
We also drew attention to the case <strong>of</strong><br />
Mr. Flekal, who complained about the<br />
policemen and was then accused <strong>of</strong><br />
a false accusation despite the fact that<br />
there was no pro<strong>of</strong> <strong>of</strong> deliberate false<br />
accusation.<br />
In two cases we challenged the six<br />
months time limit to apply for a<br />
compensation for an unlawful state<br />
intervention into personal freedom<br />
or human dignity.<br />
According to us this limit is extremely<br />
short in comparison with the three<br />
year limit for cases where in similar<br />
cases someone else than the state is<br />
responsible.<br />
We have created a new thematic<br />
webpage www.ferovajustice.cz.<br />
This page provides information on<br />
how to defend oneself if one is aggrieved<br />
by an action or inaction <strong>of</strong> the<br />
authorities or judges. The visitors will<br />
also be advised with finding a free<br />
legal help.<br />
We have published an analysis<br />
pointing at issues <strong>of</strong> the current<br />
system <strong>of</strong> compensation for civilians<br />
aggrieved by an unlawful court<br />
decision or authority or an erroneous<br />
legal proceeding.<br />
author: ISIFA
author: ISIFA<br />
We represented parents <strong>of</strong> physically<br />
handicapped Erik, who we believe<br />
is being discriminated, as the<br />
financing <strong>of</strong> a pedagogic assistant<br />
was not sufficient.<br />
We filed a complaint to the ombudsman<br />
and an administrative action to<br />
a regional court. The court rejected the<br />
action and therefore we approached<br />
the Highest Administrative Court with<br />
a cassation complaint.<br />
We produced 48 study cases focused<br />
on pupils with special education<br />
needs.<br />
These will help schools and parents<br />
with integration and education <strong>of</strong><br />
children with a similar story.<br />
We have awarded five more schools<br />
with the Fair School certificate for<br />
their effort and progress towards<br />
more inclusive environment.<br />
In total there are 23 and another 20<br />
schools are interested in obtaining the<br />
certificate.<br />
We organized an international<br />
specialist conference called Fair Generation<br />
2013, whose goal was to<br />
start cooperation between schools<br />
and the Ministry <strong>of</strong> Education in the<br />
area <strong>of</strong> inclusive education.<br />
The event was organized on the fifth<br />
anniversary <strong>of</strong> the ruling <strong>of</strong> the European<br />
Court on <strong>Human</strong> <strong>Rights</strong> in case<br />
<strong>of</strong> D.H. and others against the Czech<br />
Republic, in which the Strasbourg<br />
court condemned the Czech Republic<br />
for discrimination <strong>of</strong> the Roma people<br />
in education.<br />
We organized an international<br />
competition called Focused on Tolerance.<br />
Pupils from the Czech Republic and<br />
the United States were filming short<br />
videos about what the attitude is like<br />
in their communities towards people<br />
who are different. 44 film teams from<br />
27 Czech schools and the USA entered<br />
the competition.<br />
fair school
fair childhood<br />
The Constitutional Court chose<br />
a guardian for a 16 year old boy,<br />
whose parents were not able to<br />
agree on the terms <strong>of</strong> mutual contact<br />
for years. The court stated that<br />
common courts were not sufficiently<br />
respecting opinion <strong>of</strong> the child and<br />
the proceedings were simplified into<br />
finding faults on the side <strong>of</strong> the mother<br />
or the father. The case was dragging on<br />
for nearly ten years – the case first reached<br />
court when the boy was seven.<br />
We opened a new and neglected<br />
topic – childrens’ rights (<strong>of</strong>fenders)<br />
younger than 15 years in criminal<br />
proceedings. The police can interrogate<br />
children without parents or<br />
a solicitor only with the supervision <strong>of</strong><br />
a social worker. However, for adolescents<br />
over 15 years and in some<br />
cases even for adults the state provides<br />
a solicitor automatically. In one <strong>of</strong> the<br />
cases, which we are looking into, we<br />
filed a constitutional complaint.<br />
We cooperate with the Palacky<br />
University Law School and the Pro<br />
Bono alliance in the project <strong>of</strong> a free<br />
law clinic for families with endange-<br />
red children. Our goal is to increase<br />
availability <strong>of</strong> quality, pr<strong>of</strong>essional and<br />
free legal counseling.<br />
We are striving to prefer long term<br />
cooperation with endangered families<br />
to short term and <strong>of</strong>ten short<br />
sighted solutions in the form <strong>of</strong><br />
removing children and putting<br />
them into an institutional care.<br />
Therefore in year <strong>2012</strong> we focused<br />
predominantly on lobbying for the<br />
new amendment to the social children<br />
protection law, which has come<br />
into effect in January 2013.<br />
author: ISIFA
The European Court on <strong>Human</strong><br />
<strong>Rights</strong> stated in our case <strong>of</strong> Mr. Pecha<br />
for the first time in history that<br />
Czech authorities violated the right<br />
to life. According to the Court the<br />
authorities did not sufficiently investigate<br />
circumstances <strong>of</strong> a young Roma<br />
man, who died after an 8 meters fall<br />
from a Brno police station. From the<br />
very beginning the authorities considered<br />
suicide as the only possible<br />
cause <strong>of</strong> death.<br />
Today more than ten years after the<br />
event it is not possible to figure out<br />
what exactly happened at the police<br />
station. A number <strong>of</strong> errors during the<br />
investigation do not make the police<br />
version any more trustworthy. The<br />
Court granted the aggrieved family<br />
half million crown compensation.<br />
We continued monitoring activities<br />
<strong>of</strong> the newly established General Inspectorate<br />
<strong>of</strong> Security Forces, which<br />
has been from year <strong>2012</strong> investiga-<br />
author: KIVA FOTO<br />
ting criminal <strong>of</strong>fences committed<br />
by the police. Even though we supported<br />
the establishment <strong>of</strong> this institution<br />
for a long time, the expectations<br />
were not met due to the personnel<br />
choices. From the bigger part the new<br />
independent institution is made up<br />
<strong>of</strong> the old police inspection staff. On<br />
some cases <strong>of</strong> police violence we have<br />
verified that the inspection deliberately<br />
refuses to investigate.<br />
We have launched a new thematic<br />
webpage www.ferovapolicie.cz.<br />
It brings concise and organized information<br />
on the rights and duties<br />
<strong>of</strong> citizens meeting policemen and<br />
police <strong>of</strong>ficers. Visitors can also find<br />
a procedure how to defend themselves<br />
if the police act unlawfully.<br />
abuse <strong>of</strong> police power
the people <strong>of</strong> the league – the club <strong>of</strong> friends<br />
The People <strong>of</strong> the <strong>League</strong> is a club <strong>of</strong> friends and supporters <strong>of</strong> the <strong>League</strong> <strong>of</strong><br />
<strong>Human</strong> <strong>Rights</strong> who by regular support have helped us to advocate human rights<br />
and to work on improvement <strong>of</strong> life in the Czech Republic.<br />
The members <strong>of</strong> the club are invited to exciting social and sport events; every month<br />
we prepare a fresh portion <strong>of</strong> information about the <strong>League</strong> in our electronic<br />
newsletter “We cheer for justice”, twice a year they receive theme specific EXTRA<br />
<strong>League</strong> newspaper, an annual report and other exciting bonuses.<br />
In March we organized for our supporters and partners a theatrical performance The<br />
Vagina Monologue in HaDivadlo in Brno. At the end <strong>of</strong> June we invited them to our<br />
beneficial tournament in five-a-side football called The <strong>League</strong> Cup. The second<br />
year <strong>of</strong> the tournament raised 250 thousand crowns, which will enable running<br />
<strong>of</strong> our free law clinic for patients for a period <strong>of</strong> six months.<br />
In December we organized for our friends in Art cinema in Brno a premiere <strong>of</strong> the<br />
film Ploty – a story <strong>of</strong> one life step – on employing people with a handicap. Our<br />
supporters also participated in an award ceremony <strong>of</strong> our student competition <strong>Human</strong><br />
<strong>Rights</strong> Thesis and <strong>Human</strong> <strong>Rights</strong> Moot Court in the Sunset restaurant in Brno.<br />
They could talk not only to us, but also to a senator Eliška Wagnerová or the Highest<br />
Administrative Court judge Kateřina Šimáčková.<br />
Do you want to improve the state <strong>of</strong> human rights in our country?<br />
Join us at www.lidiligy.cz.<br />
author: <strong>League</strong> archive<br />
“The <strong>League</strong> <strong>of</strong> <strong>Human</strong> <strong>Rights</strong> is a system<br />
defender <strong>of</strong> rights <strong>of</strong> those weakest<br />
groups and persons, who find themselves<br />
in a situation, in which their freedom<br />
is wholly put into disposal <strong>of</strong> public<br />
power. Yet the interests <strong>of</strong> these persons<br />
are entirely exterior to the interests <strong>of</strong><br />
the majority society even though it concerns<br />
problems characterizing the level<br />
<strong>of</strong> humanity <strong>of</strong> the whole society, <strong>of</strong>ten<br />
it even concerns human dignity, on<br />
which our constitutional order is built.<br />
Well done, <strong>League</strong>, thank you.”<br />
Eliška Wagenerová<br />
subscribe for our e-magazin
publications project<br />
In April we published our analysis Influence<br />
<strong>of</strong> Pharmaceutical Companies,<br />
Advertisement and Vaccination. It provoked<br />
a great interest in the expert public<br />
and the association <strong>of</strong> pharmaceutical<br />
industry issued their own press release.<br />
In May we published Manual for<br />
Pediatricians, which should make orientation<br />
in legal issues easier for them.<br />
These issues include informed consent<br />
or refusal <strong>of</strong> care. The manual also provides<br />
help on effective communication.<br />
We finished Methodology for Judges,<br />
Solicitors and Psychiatric clinics<br />
concerning procedure <strong>of</strong> involuntary<br />
hospitalization and a flyer for patients<br />
with information on their rights. Both<br />
documents are available on the Ministry<br />
<strong>of</strong> Justice webpage.<br />
We introduced analysis on Employing<br />
People with a Handicap and Transformation<br />
<strong>of</strong> Social Services. It maps<br />
the legislative changes from <strong>2012</strong> and<br />
brings information on practice abroad.<br />
anyone can be a hero<br />
In the second half <strong>of</strong> the year we launched a new project Anyone Can Be a Hero in<br />
cooperation with the NESEhnutí organization. The aim <strong>of</strong> the project is to inspire and<br />
motivate to a greater civil engagement through examples <strong>of</strong> good practice.<br />
We collected stories <strong>of</strong> 105 heroes during the fall and the winter, who were nominated<br />
by the public and non-pr<strong>of</strong>it organizations. The patrons <strong>of</strong> the project are<br />
for example catholic priest Tomáš Halík, journalist Ludmila Rakušanová or music<br />
duo Čokovoko. At the beginning <strong>of</strong> year 2013 an expert committee will select ten<br />
finalists from which then the public will choose the winner.<br />
A part <strong>of</strong> this extensive project, which concludes in the fall 2013, is also media campaign<br />
“Don’t be a loser, be a hero” a guide for an engaged citizen, a series <strong>of</strong> exhibits<br />
and discussion events, weekend workshops, e-learning and counseling for everyone<br />
who wants to actively engage in defending their rights.<br />
www.hrdinou.cz<br />
author: ISIFA
OSF and OSI<br />
28 %<br />
Foundation<br />
Partnerství and<br />
Irish Council<br />
1 %<br />
US Embassy<br />
3 %<br />
CEE Trust<br />
5 %<br />
income<br />
10 137 051<br />
own<br />
resources<br />
8 %<br />
financial<br />
gift<br />
1 %<br />
MDAC<br />
(Mental Diasability<br />
Advocacy Center)<br />
5 %<br />
EU and state<br />
subsidies<br />
49 %<br />
expert financial<br />
services, translations,<br />
interpretation<br />
16 %<br />
legal<br />
services<br />
9 %<br />
others<br />
2 %<br />
fair<br />
school<br />
27 %<br />
anyone can<br />
be a hero<br />
9 %<br />
imprint, print,<br />
publication,<br />
propagation<br />
4 % communication,<br />
travelling<br />
expenses<br />
5 %<br />
social and health<br />
insurance<br />
13 %<br />
health<br />
7 %<br />
expenses<br />
10 099 258<br />
rights <strong>of</strong> people<br />
with a handicap<br />
28 %<br />
judicial<br />
and police<br />
21 %<br />
fair<br />
childhood<br />
8 %<br />
operating costs<br />
and material<br />
expenses,<br />
literature<br />
4 %<br />
energy,<br />
rent and<br />
repairs<br />
5 %<br />
salaries,<br />
contract for<br />
services<br />
42 %<br />
author: ISIFA
contacts<br />
Burešova 6, 602 00 Brno<br />
tel.: +420 545 210 446<br />
fax: +420 545 240 012<br />
e-mail: brno@llp.cz<br />
www.llp.cz<br />
www.llpvision.cz<br />
www.lidiligy.cz<br />
www.ferovaskola.cz<br />
www.ferovanemocnice.cz<br />
www.ferovapolicie.cz<br />
www.ferovajustice.cz<br />
www.ferovamedia.cz<br />
author: <strong>League</strong> archive<br />
You can find us on Facebook<br />
facebook.com/liga.lidskych.prav<br />
.........................................................<br />
The <strong>League</strong> <strong>of</strong> <strong>Human</strong> <strong>Rights</strong> © 2013<br />
editor ang graphic: Dan Petrucha<br />
translation: Jolana Venenyová<br />
Lucie Attkins<br />
Jitka Bartošová<br />
Martin Bartoš<br />
Štěpánka Bibrová<br />
Klára Částečková<br />
Čokovoko<br />
Tobi Manikin-Collett<br />
Tomáš Halík<br />
Pavel Hamřík<br />
Veronika Helferová<br />
Kamila Holoubková<br />
Tereza Hrubá<br />
Robert Cholenský<br />
Zuzana Kameníková<br />
Vít Klusák<br />
Tomáš Kocourek<br />
Michal Kolínek<br />
Michaela Kopalová<br />
Jiří Kopal<br />
Radovan Kramář<br />
Olga Kusá<br />
Klára Lukášová<br />
Zuzana Melcrová<br />
Ondřej Moravec<br />
Pavlína Navrátilová<br />
Iveta Němečková<br />
Jiří Novák<br />
Monika Pacalová<br />
Veronika Pejchalová<br />
Josef Piher<br />
Michal Pliska<br />
Nikola Poláčková<br />
Pavla Polechová<br />
Marta Polešovská<br />
Lenka Popovičová<br />
Dominika Prinzová<br />
Eva Pulkrtová<br />
Ludmila Rakušanová<br />
Zuzana Révezsová<br />
Jan Sokol<br />
Jan Scheuer<br />
Pavel Sláma<br />
Saša Stankov<br />
Jitka Straková<br />
thanks to<br />
Luboš Šanoba<br />
Tereza Šíblová<br />
Kateřina Šimáčková<br />
Jitka Šmídová<br />
Alena Švaříčková<br />
Hanka Švejdová<br />
Maxim Tomoszek<br />
Adéla Tukhi<br />
Lenka Vavrušová<br />
Jolana Venenyová<br />
Tomáš Vojtíšek<br />
Eliška Wagnerová<br />
Eliška Veselá<br />
Roman Zmrzlý<br />
and companies<br />
AVG, Tiskárna Didot,<br />
GE Money Bank, ISIFA,<br />
Špondr CMS,<br />
Lakkis Toner Servis,<br />
Sunset restaurant,<br />
Knihovnička.cz, Deník<br />
…and to all members <strong>of</strong> <strong>of</strong> the league club
2,5 mil. kč<br />
compensation for<br />
our clients<br />
+ 70 %<br />
<strong>of</strong> fan activity<br />
on Facebook<br />
240<br />
quotations<br />
in media<br />
36<br />
press<br />
releases<br />
180.000<br />
visitors <strong>of</strong> the<br />
online counseling<br />
+ 40 %<br />
newsletter<br />
subscriptions