COMPARATIVE STUDY OF THE MIGRATION PROGRAM – Goods and services
The fifth chapter of the comparative study so far has no comparative part, so it is essentially a description of the current situation in the Czech Republic. At the beginning, the author introduces the evaluation criteria for determining discriminatory behavior in the area of goods and services. Subsequently, the basic principles of discriminatory behavior in the provision of goods and services are characterized. Apart from the most obvious issue of housing, discriminatory behavior involves the following: refusal to provide goods or services, different treatment as regards prices and discrepancies in other contractual provisions. This chapter will be expanded to include a comparison with the situation in those European countries in which according to the authors anti-discrimination regulations exist (Denmark, the Netherlands, Switzerland and Ireland).
Summary:
Provision of goods and services is governed by private law, where the rights and obligations of parties are determined based on a mutual agreement of the parties concerned. The state enters such relations only in order to enforce certain public interests, such as the protection of the weaker party. With the exception of limits imposed upon foreigners as regards the acquisition of real estate in the Czech Republic, there are no legal provisions that would discriminate foreigners. The question is whether there is not a need for a regulation to protect foreigners against discriminatory treatment by goods and services providers (retailers, banks, organizers of consumer competitions or sporting and cultural events, apartment owners or housing collectives).
Not each case of a different treatment of foreigners constitutes discrimination: it is only making differences that are not justifiable and adequate for an otherwise legitimate goal that is discriminatory.
To a large degree, a person may defend himself against discrimination based on a their foreign citizenship using the existing legal framework by filing a personal protection complaint (more specifically, protection of human dignity) under the provisions of the Civil Code. At the same time, however, it would be useful to insert an explicit prohibition of discrimination based on foreign citizenship into the forthcoming act that should guarantee equal treatment as well as protection against discrimination.
Summary:
Provision of goods and services is governed by private law, where the rights and obligations of parties are determined based on a mutual agreement of the parties concerned. The state enters such relations only in order to enforce certain public interests, such as the protection of the weaker party. With the exception of limits imposed upon foreigners as regards the acquisition of real estate in the Czech Republic, there are no legal provisions that would discriminate foreigners. The question is whether there is not a need for a regulation to protect foreigners against discriminatory treatment by goods and services providers (retailers, banks, organizers of consumer competitions or sporting and cultural events, apartment owners or housing collectives).
Not each case of a different treatment of foreigners constitutes discrimination: it is only making differences that are not justifiable and adequate for an otherwise legitimate goal that is discriminatory.
To a large degree, a person may defend himself against discrimination based on a their foreign citizenship using the existing legal framework by filing a personal protection complaint (more specifically, protection of human dignity) under the provisions of the Civil Code. At the same time, however, it would be useful to insert an explicit prohibition of discrimination based on foreign citizenship into the forthcoming act that should guarantee equal treatment as well as protection against discrimination.
24. 5. 04