LGBT rights in the Czech Republic

LGBT rights in the Czech Republic
Location of the Czech Republic (dark green) within the EU (light green)
Same-sex sexual activity legal?	Legal since 1962, age of consent equalized in 1990
Gender identity/expression	Sex change performed since 1942
Military service	Gays and lesbians allowed to serve
Discrimination protections	Sexual orientation protection in labor code since 2001 (see below)
Family rights
Recognition of relationships	Registered partnerships since 2006
Adoption	No joint adoption (a homosexual person alone may adopt notwithstanding whether in registered partnership or not)

The Czech Republic is considered one of the most liberal Central European countries with regard to lesbian, gay, bisexual, transgender (LGBT) rights. In 2006 it legalized registered partnerships (Czech: registrované partnerství) for same-sex couples.

Law regarding same-sex sexual activity

Same-sex sexual activity was decriminalized in 1962 after scientific research of Kurt Freund led to the conclusion that homosexual orientation may not be changed (see the History of penile plethysmograph). The age of consent was equalized in 1990 (to 15 – it had previously been 18 for homosexuals).^[1][2] The Army doesn't question the sexual orientation of soldiers, and allows homosexuals to serve openly. Homosexual prostitution was decriminalized in 1990.^[3]

Recognition of same-sex relationships

There is some legal recognition of same-sex couples. Unregistered cohabitation has been possible since 2001. The Czech Republic has granted "persons living in a common household" inheritance and succession rights in housing,^[2][4] as well as hospital and prison visitation rights similar to married heterosexual couples.

A bill legalizing registered partnership, with some of the rights of marriage, was rejected four times, in 1998, 1999, 2001, and 2005.^[5][6][7][8] However, on 16 December 2005 a new registered partnership bill was passed by the Czech House of Representatives; it was also adopted by the Senate on 26 January 2006, but later vetoed by the President Václav Klaus.^[9][10][11] On 15 March 2006 the President's veto was overturned by the House of Representatives and the law came into force on 1 July 2006.^[12][13] Since this date, the Czech Republic allows registered partnerships for same-sex couples, with many of the rights of marriage (except for adoption rights and the title marriage).^[14]

Discrimination protections

Police cordon defending Queer Parade 2008 in Brno against intrusions by right-wing extremists: only those who underwent a search for weapons were allowed past the cordon (see also: Gun politics in the Czech Republic)

Since 1999, the law has prohibited discrimination based on sexual orientation in the military.^[15]

In 2009, a comprehensive anti-discrimination law was passed which prohibits discrimination on the basis of sexual orientation in employment, education, housing and access to goods and services.^[15][16]

Public opinion

In 2004 public opinion showed a strong level of support for registered partnerships for same-sex couples, with 60% agreeing with such a law. A 2005 survey showed that 43% of Czechs personally knew someone gay or lesbian, 42% supported same-sex marriage and 62% supported registered partnerships, while only 18% supported same-sex adoption.^[17] In 2006, the Eurobarometer showed that 52% of Czechs supported full same-sex marriage (above the EU average of 44%) while 39% supported same-sex adoption.^[18] However, the 2015 Eurobarometer survey has indicated a record high support of 57% among the Czechs, a five percent increase from the one in 2006. ^[19] The annual CVVM poll on gay rights has shown slightly lower, though increasing, levels of support:

In March 2012, a survey found that 23% of Czechs would not want to have gay or lesbian neighbours. This represents a significant drop from 2003, when 42% of Czechs said that they would not want to have gay or lesbian neighbours.^[21]

A 2014 survey by the Academy of Sciences found that support for same-sex marriage had fallen slightly on previous years. In general, those opposing the extension of gay rights across the survey more frequently identified themselves as poor, left-leaning, pensioners and Roman Catholics.^[22]

Living conditions

2014 Prague Pride on Wenceslas Square

In contrast to the limitations of the communist era, the Czech Republic has become socially relatively liberal since the Velvet Revolution in 1989 and is one of the most gay-friendly countries in the European Union. This increasing tolerance is probably helped by the low levels of religious belief in the country, particularly when compared to its neighbours Poland, Austria and Slovakia.

There is a comparatively large gay community in Prague, less so in the rest of the country, with the capital acting as a magnet for the country’s gay youth. The city has a large and well-developed gay nightlife scene, particularly centred around the district of Vinohrady, with at least 20 bars and clubs and 4 saunas.^[23][24][25] Gay venues are much more sparsely spread in other Czech towns however.^[26][27][28]

In 2012, Fundamental Rights Agency performed a survey on discrimination among 93,000 LGBT people across the European Union. Compared to the EU average, the Czech Republic showed relatively positive results. However, the outcomes also show that there is still large space for improvement of the LGBT rights. 43% of Czech respondents indicated that none or only few of their family members know about their sexual orientation. Only one in five respondents is open about their sexual orientation to all their colleagues or classmates. 71% of the respondents are selectively open about their orientation at work or school. 52% of gay men and 30% of lesbian women avoid holding hands in public outside of gay neighborhoods for fear of being assaulted, threatened or harassed.^[29]

Public events

A participant of 2013 Prague Pride wearing a traditional Moravian costume (Hanakia) and a sign "Good day - Olomouc greets Prague"

Brno hosts an annual Gay and Lesbian Film festival known as Mezipatra with venues also in other cities. It has been held every November since 2000.^[30]

In years 2008, 2009 and 2010, a Queer festival took place in the country’s second largest city of Brno.^[31] The first Prague Pride gay parade took place in August 2011 with official support from mayor and other politicians.^[32] The event attracted some negative responses from Religious-Conservative groups and the far right.^[33][34] The second Prague Pride gay parade took place in August 2012 establishing the tradition of holding the Gay Pride parade in Prague annually.^[35] However, a group of young Christians attempted to protest the parade with the support of the Catholic Archbishop of Prague, Dominik Duka.^[36] Since 2014, the organizers banned any promotional activities of pedophiles at the venues connected with the Prague Pride after several pedophiles drew public attention the preceding year by distributing leaflets stating that "Pedophilia does not equal abuse of children".^[37]

Late 2010 saw the introduction of the first officially produced gay guide and map for the Czech capital which was produced by the Prague Information Service, under the aegis of Prague city council.^[38]

Transgender genital surgery

The first surgical reassignment of genitalia in the country took place in 1942, when a trans man subsequently changed his legal sex to male. Currently, 50-60 people undergo such reassignment surgeries annually in the country (for 10,6 million population).^[39]

In order to be covered by health insurance, a request for change of gender markers and treatment is assessed by a commission at the Ministry of Health. After being approved, the applicant undergoes one year of hormonal treatment, which is followed by one year of living in the social role of the other gender, including e.g. wearing what is judged to be "appropriate dress". After this two-year treatment, the applicant's genitalia may be surgically changed.^[39]

Summary table

Same-sex sexual activity legal	(Since 1962)
Equal age of consent	(Since 1990)
Anti-discrimination laws in employment	(Since 2001)
Anti-discrimination laws in the provision of goods and services	(Since 2009)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2009)
Same-sex marriage
Recognition of same-sex unions (e.g. registered partnership)	(Since 2006)
Step-child adoption by same-sex couples	(Pending)
Joint adoption by same-sex couples	(In competition of Constitutional Court) [40][41]
Adoption by single homosexual persons
Gays allowed to serve openly in the military
Right to change legal gender
Transexuality/transness declassified as an illness
Commercial surrogacy for gay male couples
Access to IVF for lesbians
MSMs allowed to donate blood	/ (1 year deferral)[42]

See also

• Registered partnership in the Czech Republic
• LGBT rights in Europe

References

External links

• Free Prague gay map