A sufficient capacity of states for protection against discrimination is one of horizontal ex ante conditionalities. Its fulfilment consists mainly in the existence of administrative capacities for the implementation and application of EU anti-discrimination law in the area of ESI Funds. This conditionality must be fulfilled mainly through existence of measures, in accordance with institutional and legal frameworks of a Member State, to incorporate authorities responsible for protection against discrimination during the preparation and implementation of programme including provision of consultancy on the issue of protection against discrimination in activities related to ESI Funds. Such authority in the CR is the ombudsman. However, legal regulations do not oblige the ombudsman to fulfil the role of consultancy or educational authority for managing authorities of the state administration in the area of gender equality. Moreover, the ombudsman is completely independent of the executive power and is accountable for the performance of his or her function only to the Chamber of Deputies of the Parliament of the CR.
Therefore, the majority of tasks related to the ex ante conditionality Non-discrimination is ensured by the Human Rights Section of the Office of the Government, also in cooperation with the managing authorities. To strengthen administrative capacity for efficient application and implementation of anti-discrimination law and policy in the field of ESI Funds, each MA is required to appoint a specific contact person who will systematically deal with the implementation and application of issues of non-discrimination in the respective operational programme, will be responsible for coordinating activities in this area within individual programmes and will closely cooperate with the Human Rights Section of the Office of the Government of the CR.
Recommended literature:
Boučková, Pavla et al. Anti-discrimination law: commentary. 1st ed. Prague: C.H. Beck, 2010. xiv, 405 pp. Beck texts of laws with commentary. ISBN 978-80-7400-315-8.
Contact details:
In the Human Rights Section of the Office of the Government, for issues related to the ex ante conditionality Non-discrimination contact Mgr. Jakub Machačka, Head of the Secretariat to the Government Council for Human Rights, Office of the Government, +420 296 153 107, machacka.jakub@vlada.cz