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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

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