Publication details
Czech Republic
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| Year of publication | 2018 |
| Type | Chapter of a book |
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| Description | The Czech Constitutional Court in its decision from 6 June 2006, file no. Pl. ÚS 42/04, rules that the constitutional principle of equality in rights belongs to those fundamental human rights that constitute a system of values of modern democratic societies. The principle of equality is a legally philosophical postulate at the level of positive law guaranteed by prohibition of discrimination. Equality is not a changeless category as far as it goes through development especially in the area of political and social rights. Also, the international documents about human rights and numerous decisions of international control bodies emanate from the fact that not every unequal treatment with different subjects can be qualified as violation of the principle of equality, or accordingly, as illicit discrimination of ones in comparisonwith others. Violation of this principle requires several conditions be met: different subjects being in the same or comparable situation are treated in a different manner unless there are any objective and reasonable reasons for applying a different approach. Herein it can be added that the European Court of Human Rights similarly states that difference in treatment among persons being in analogical or comparable situations is discriminatory unless it has any objective and reasonable justification. |