News from the World - May 2024 🌸

LGBTQ+ Rights 

Sterilization will no longer be a condition for official sex change !!! 🏳️‍⚧️🥳

On May 7, 2024, the Constitutional Court annulled the legal provision that required transgender individuals to undergo surgical procedures, including sterilization and the alteration of sex organs, for an official gender change. This requirement was deemed to be in violation of the fundamental right of transgender individuals to bodily integrity and personal autonomy. The court also suspended the implementation of the ruling until June 30, 2025, to give lawmakers time to create a new regulation that reflects the basic rights of transgender people.

The case was brought by a transgender man who sought a gender change without undergoing the legally mandated surgical procedures. The Constitutional Court ruled that the current legal requirements were unconstitutional because they interfere with the human dignity and bodily integrity of transgender individuals. The ruling thus underscores the need to respect the right to self-determination and the equality of dignity and rights for all individuals. [1]

Roma Minority

Czech Republic should work on supporting minority languages - especially the Romani language 🗣️

On May 22, the Fifth Evaluation Report by the Committee of Experts of the European Charter for Regional or Minority Languages, which was adopted in March, was published regarding the Czech Republic. The report indicates that significant progress has been made by the Czech Republic in supporting the use of the German language over the past evaluation period. However, more effort is needed for other languages protected by the Charter (Slovak, Polish, Romani, and Moravian Croatian), along with additional supportive measures. These measures should focus on launching television broadcasting in Romani (currently, only radio broadcasts are available in Romani), introducing Romani as a foreign language in secondary schools, and enabling the use of Romani in communication with courts - changes that would require amendments to legal regulations. The Council of Europe also criticizes the insufficient implementation of measures that are already legally possible, such as communication in Romani with national, regional, and local authorities, which is not practically available. To meet these obligations, the Czech Republic has also been urged to adopt a strategy and action plan for the implementation of the Charter for each regional or minority language, including Romani. [2] [3]

Remaining Category, or What You Shouldn't Miss Either

NO means NO: redefinition of rape finally passed by the Czech Parliament ❤️‍🩹

Lawmakers have approved an amendment that redefines rape to include non-consensual sexual intercourse, not just acts forced by violence. The new definition will also encompass gestures, crying, or defensive positions as forms of non-consent. Additionally, sexual activities with children under 12 will now always be classified as rape or sexual assault, rather than merely sexual abuse. The crime of rape will cover only intercourse and other penetrative acts, while less severe sexual practices will be categorized as sexual assault.

The use of a weapon will result in a higher penalty for both rape and sexual assault. The definition of sexual coercion will expand to include exploitation of someone’s distress, and failure to prevent such acts will be punishable. The amendment also addresses cases where the victim cannot express or form their consent due to objective reasons such as illness, sleep, mental disorders, severe intoxication, restraint, or disability. The proposal was approved by the Chamber of Deputies in April and by the Senate at the end of May 2024. [4]

International Court of Justice in The Hague orders Israel to end its offensive in Rafah 🇵🇸💔

The International Court of Justice (ICJ) has ordered Israel to cease its offensive in the city of Rafah in the Gaza Strip. This order was filed by South Africa and supported by 13 out of 15 judges, with Uganda and Israel voting against. The court emphasized that Israel must immediately halt any actions that could lead to the physical destruction of the Palestinian population in Rafah. Israel is required to submit a progress report on the implementation of these measures within one month, though compliance with the order is unlikely.

Israeli Finance Minister Bezalel Smotrich has stated that halting the war would threaten Israel's existence. Conversely, Hamas welcomed the court's decision but deemed it insufficient. The ICJ, the principal judicial organ of the United Nations, lacks the means to enforce its rulings, so despite the significant legal pressure on Israel, this decision does not lead to an immediate cessation of the conflict. [5]

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[1] Chirurgický zákrok včetně sterilizace jako podmínka úřední změny pohlaví neobstál před Ústavním soudem. Online. Ústavní soud. 2024. Available at: https://www.usoud.cz/aktualne/chirurgicky-zakrok-vcetne-sterilizace-jako-podminka-uredni-zmeny-pohlavi-neobstal-pred-ustavnim-soudem. [cit. 2024-06-02].

[2] Rada Evropy vyzvala Česko k další podpoře užívání menšinových jazyků. Online. Romea.cz. 2024. Available at: https://romea.cz/cz/domaci/rada-evropy-vyzvala-cesko-k-dalsi-podpore-uzivani-mensinovych-jazyku. [cit. 2024-06-02].

[3] Shrnutí páté periodické zprávy Výboru expertů Charty regionálních či menšinových jazyků věnované České republice. Online. Council of Europe. 2024. Available at: https://rm.coe.int/czechiaecrml5-summary-cz/1680afb27d. [cit. 2024-06-02].

[4] PRCHALOVÁ, Barbora. Ne znamená ne! Senát schválil redefinici znásilnění, zvýší se trestní sazby, přibude i nový protiprávní čin. Online. Reflex. 2024. Available at: https://www.reflex.cz/clanek/zpravy/125003/ne-znamena-ne-senat-schvalil-redefinici-znasilneni-zvysi-se-trestni-sazby-pribude-i-novy-protipravni-cin.html. [cit. 2024-06-02].

[5] ŽOHOVÁ, Magdalena. Soud v Haagu nařídil Izraeli ukončit takovou ofenzivu v Rafáhu, která by vedla k likvidaci Palestinců. Online. Novinky.cz. 2024. Available at: https://www.novinky.cz/clanek/zahranicni-blizky-a-stredni-vychod-izrael-dostal-prikaz-ukoncit-ofenzivu-v-rafahu-40473344. [cit. 2024-06-02].