7. Fostering accountability for gender equality policies in the Czech Republic

Better outcomes for citizens have a greater chance of being achieved if they are supported by robust accountability mechanisms across the government (OECD, 2021[1]). They can serve as catalysts for achieving gender equality goals by helping to identify needs, gaps and challenges; evaluate the impact of efforts by different government actors; provide redress and recourse options. For the purposes of this chapter, accountability refers to the democratic responsibility and duty of the Czech government, and the overall state system, to inform citizens about the decisions they make regarding gender equality and to provide an account of their activities and performance related to the achievement of gender equality objectives. For accountability mechanisms to be robust, they need to exist government wide and at multiple levels, and this applies to accountability and oversight provided at senior managerial level within public administrations, at the ministerial level, and at the level of parliaments and other independent oversight institutions such as national audit institutions, ombudspersons and the judiciary.

This chapter looks at the established and potential scrutiny mechanisms in the Czech Republic related to the government’s actions and commitments around gender equality.

As discussed in Chapter 4, the Gender Equality Department (the Department) is the main co-ordination body for gender equality at the government level. It reports to the chair of the Government Council for Gender Equality (Council) and its vice-chairs, especially to the Government Commissioner for Human Rights (the Commissioner). As the Department is located in the Office of the Government, its director reports to the head of the Office of the Government. In this regard, it should be noted that this is not the case for other departments, which report instead to the respective deputy ministers.

In parallel, the Council, together with its committees and working groups, monitors the implementation of the Gender Equality Strategy for 2021-2030 (Strategy 2021+) and fulfilment of the government’s international commitments in the area of gender equality. The Council and its bodies include both government and non-governmental representatives, which provides an additional layer of scrutiny to evaluate the efforts of the Czech government in promoting gender equality.

Notably, with regard to Strategy 2021+, the Department in co-operation with the Council annually prepares the Report on Gender Equality; and the Report on the Fulfilment of the Strategy 2021+ as its appendix (Box ‎7.1).

As discussed in Chapter 4, there is scope to strengthen the Council’s mandate to follow-up on its recommendations to the government in the area of gender equality, to monitor their take-up and implementation. The lack of authority to follow-up poses an important limitation to the potential impact the Council can have in accelerating the implementation of the national gender equality objectives.

As noted in Chapter 4, the Government Legislative Council and the Regulatory Impact Assessment (RIA) Board can potentially contribute to strengthening gender impact assessments (GIAs). The Government Legislative Council is an advisory body of the Czech government located in the Office of the Government, under the authority of the Minister for Legislation. Most members of the Council are lawyers and experts from outside the government; currently, only 5 of the 30 members are women. The Council chair is the Minister for Legislation, a member of the government and Cabinet member. The RIA Board, located under the Legislative Council, has 14 members including the chair; presently, only one of the members is a woman.

The two bodies assess legislative proposals, including regarding whether an assessment of the impacts of a regulation was carried out in accordance with the General Principles for Regulatory Impact Assessment. The Legislative Council also provides opinions on legislative proposals. As part of its assessment of the government’s proposed Legislative Work Plan for the following year, the RIA Board also suggests which legislative proposals should be accompanied by RIA. In addition, the RIA Board can provide consultations on RIA to the line ministries and other central organs of the public administration (Government of the Czech Republic, 2011[3]).

Currently, neither the Legislative Council nor the RIA Board evaluate whether the gender-related impacts of legislative drafts have been assessed. Given that a government resolution requires GIAs and that and Strategy 2021+ outlines the objective to develop gender-sensitive legislation, there is a significant potential for the two bodies, supported by the RIA Unit within the Office of Government, to play a more active role in reviewing legislative proposals from a gender perspective (Chapter 4). It is also recommended that the gender-balanced composition of these structures be pursued alongside a strengthening of their gender expertise, for example through training and capacity building of the members.

If achieving gender equality-related objectives is not part of the regular performance objectives of civil servants, including at the senior management level, there may be limited incentives for civil servants to consider these tasks as part of their daily work and the risk of further marginalisation of the gender equality agenda.

Under the Act no. 234/2014 Coll. on Civil Service of the Czech Republic, every civil servant is subject to regular service and performance evaluation, which is generally carried out once a year. The appraisal process includes evaluation of their knowledge and skills; their performance of the service in terms of correctness, speed and independence in accordance with the set individual goals; their behaviour; and attendance at and impact of trainings. At present, there are no requirements to consider gender-related performance goals, and most often, civil service performance is not assessed on this basis. However, in some ministries, internal directives and organisation rules provide a solid basis to gradually introduce a gender angle in performance appraisal systems. For example, within the Ministry of Education, Youth and Sports, the organisational rules state that each section of the ministry is responsible for a gender equality agenda within their section (Box ‎7.2).

Some OECD countries have introduced performance reviews of managers and senior leaders as a line of managerial accountability that builds gender equality or diversity targets directly into the performance agreements for top managers (Box ‎7.3). In this regard, gender equality-related performance targets could be introduced for managers in the Czech administration as a part of the revised Strategy 2021+. For instance, there is scope to include such targets as a part of the annual public service assessment exercise for civil servants, including managers.

The Office of the Public Defender of Human Rights (the Ombudsperson’s Office) is the national equality body responsible for equal treatment and protection against discrimination in the Czech Republic since 20091 (Chapter 2). The Ombudsperson’s Office is further mandated to protect people against misconduct by public authorities or institutions. Among others, the Ombudsperson’s role is to protect people from discrimination, provide victims of discrimination with methodological assistance, conduct research on discrimination and issue recommendations to promote equal treatment. Upon receiving a complaint from a citizen, the Ombudsperson’s Office can initiate an assessment if it is deemed to be within the office’s jurisdiction. Based on the assessment, the Ombudsperson’s Office prepares a report that is sent to the concerned public authority. In case the Ombudsperson’s Office finds the behaviour of the public authority as discriminatory, they demand its rectification. While the Ombudsperson does not have the power to enforce such a demand, it can bring it to the attention of the superiors of the concerned authority if the authority does not apply relevant measures to correct its behaviour. The Ombudsperson’s Office also lacks the power to litigate or turn to the Constitutional Court with a proposal for constitutional review of allegedly discriminatory statutory laws. In this regard, there is scope to strengthen the powers of the Ombudsperson to enforce corrective measures.

The Ombudsperson’s Office is limited in its ability to fulfil its mandate in a number of ways. One is the low rate of discrimination-related reporting. Stakeholders consulted for this report suggest that only about 11% of discrimination cases are being reported. Noting this, the Ombudsperson’s Strategic Plan outlines helping citizens to report cases of discrimination as one of its goals (Public Defender of Rights, 2016[7]). In 2020, the Ombudsperson’s Office dealt with 51 complaints alleging discrimination on the grounds of gender, of which 37 were new complaints received in 2020. The most common forms of gender-based discrimination reported in recent years are in the field of work and employment especially related to hiring, working conditions, unequal pay, and bullying, harassment, and sexual harassment in the workplace (Government of the Czech Republic, 2021[8]).

Its limited staff capacity is a further challenge to the office in effectively carrying out its mandate: only 3 of the 16 personnel work on gender equality. Strategy 2021+ highlights limited competencies as an additional constraint on the ability of the Ombudsperson’s Office to adequately perform its role related to gender equality (Office of the Government of the Czech Republic, 2021[2]).

The 2018 Recommendation on the Standards for Equality Bodies adopted by the European Commission (EC) lays out a set of guidelines for Member States’ equality bodies, e.g. the need for adequate resources (human, financial and technical) especially a sufficiently large and adequately qualified staff. The guidelines also include indicators to evaluate the degree of fulfilment of these standards. In accordance with the EC recommendation, Strategy 2021+ includes as one of its objectives to maximise the effectiveness of the organisational structure of the Ombudsperson’s office, including finding ways to ensure sufficient capacities to carry out its mandate (Office of the Government of the Czech Republic, 2021[2]). Strategy 2021+ foresees an evaluation of the competencies, functioning and staffing capacity of the Ombudsperson's Office. In December 2022, the EC also introduced a new legislative initiative to set minimum standards for the functioning of equality bodies, which could pave the way for reinforcing the Ombudsperson’s Office (European Commission, n.d.[9]). Box ‎7.4 describes the mandates and functioning of ombudsperson offices in Norway and Spain.

As the gatekeepers of the legislative agenda and oversight institutions for the work of governments, parliaments (and parliamentary committees) can play an important role in the gender equality agenda. By reviewing existing and draft legislations and monitoring the activities of government through reviews and inquiries, parliaments can strengthen the overall commitment to gender equality and gender mainstreaming (OECD, 2019[13]).

The Standing Committee for Family, Equal Opportunities of the Chamber of Deputies of the Czech Republic (Standing Committee) is the working group of the Parliament that is responsible for the gender equality agenda. It monitors the fulfilment of the Czech Republic's international obligations in the field of gender equality and national minorities, in particular the obligations arising from the UN Convention on the Elimination of All Forms of Discrimination against Women. It also analyses the current situation of families and seniors in the Czech Republic and deals with specific measures to improve this. In addition, the Standing Committee analyses current societal issues, including those related to families, and monitors the preparation and implementation of family policies, strategic documents related to gender equality and legal instruments for the protection of national minorities. In particular, since 2021, it has focused on the work related to relevant EU directives, including the implementation of the work-life balance directive (European Union, 2019[14]) and the position of the Czech Republic to the pay transparency directive (European Union, 2022[15]). The Standing Committee has 16 self-nominated members, on the basis of self-nomination by the members of the Chamber of Deputies. Representatives from the Department, the Ombudsperson and non-governmental organisations are regularly invited as guest participants. Another mechanism is the Subcommittee on Domestic and Sexual Violence of the Committee on Constitutional and Legal Affairs, which focuses on legislation on this issue, also in relation to the Directive of the European Parliament and of the European Council on combating violence against women and domestic violence (European Union, 2022[15]).

Relative to the general OECD practice, there is room to consider further strengthening the role of the Czech parliament and its Standing Committee with regard to gender equality scrutiny and oversight. For instance, the Standing Committee does not have any specific role related to the requirements to identify potential impacts of draft or existing legislation on women and men from diverse backgrounds. Nor are there mechanisms for ministerial accountability to the Parliament in matters of gender equality, particularly those related to the government resolution approving Strategy 2021+ and the responsibility of ministers to enforce it. the government also is not required to report to the parliament on gender equality goals, including the submission of the Annual Report on Gender Equality that is prepared by the Department to the Parliament. In this regard, parliamentary scrutiny of gender equality commitments and goals can be formalised through the work of the Standing Committee by considering a systematic review of GIA requirements as well as putting in place annual reporting mechanisms whereby the Standing Committee could consult and discuss the Annual Report of Gender Equality or the implementation of Strategy 2021+.

There is also room to gradually consider a gender perspective in the work of other standing committees and commissions of the Parliament as a cross-cutting matter. Box ‎7.5 provides a few examples from OECD countries in this regard. The oversight role of parliamentary committees can also be strengthened by adopting inclusive approaches when collecting evidence, calling in witnesses from diverse backgrounds and undertaking committee hearings on a variety of policy matters.

In countries where gender budgeting is practised, parliamentary budget committees can fulfil the key function related to accountability. As discussed in Chapter 6, gender budgeting is not currently implemented in the Czech Republic. However, during the OECD interviews, the Budget Committee of the Parliament of the Czech Republic has shown interest in engaging with any gender information presented by the government alongside the budget. Taking account of this interest, a dedicated role for gender budgeting accountability can be considered for this committee.

While the Czech Senate does not have any dedicated responsibilities related to monitoring progress on gender equality in the Czech Republic, its proactive involvement can provide essential scrutiny. For example, recently, the Senate of Canada, more specifically its Standing Senate Committee on Social Affairs, Science and Technology, which convened a series of meetings inviting ministers, experts, representatives from various sectors to discuss the role of Gender-based Analysis Plus (GBA Plus) in the policy process (Senate of Canada, 2022[18]).

Supreme audit institutions and offices can help identify needs, gaps and challenges in fulfilling a country’s gender equality goals as they evaluate the impact of efforts taken by various government actors and foster greater accountability. Across the OECD, supreme audit institutions are playing an increasingly active role in monitoring the fulfilment of gender equality objectives. In the past five years, these institutions in at least ten OECD member countries have conducted an audit of gender-related initiatives, compared to only three in 2017. Box ‎7.6 provides an example from the European Court of Auditor’s recent audit of gender mainstreaming in the EU budget.

Currently, Czech Republic’s Supreme Audit Office (SAO) does not play any explicit oversight role related to gender equality and gender mainstreaming. This is to be expected as its mandate mostly relates to auditing the financial management and resources (including auditing the use of subsidies earmarked for projects related to gender equality) and not the implementation of government policies and how these progress on strategic priorities. However, going forward and noting recent practices across OECD, such an engagement could be envisaged, as appropriate and with adequate gender expertise within the SAO.

  • The Government Council for Gender Equality monitors the implementation of gender equality goals through regular reporting by the Gender Equality Department. It also makes recommendations to the Cabinet in the area of gender equality, though the Council has a limited mandate to follow up on its recommendations. As an important first step to strengthen executive accountability, the government could consider having a member of the government responsible for the gender equality policy (e.g. either a standalone minister or the Government Commissioner for Human Rights) systematically participate in the Cabinet to facilitate the implementation of the Council recommendations (Chapter 4).

  • Considering the gender impact assessment requirement via the government resolution and the objectives of Strategy 2021 + to develop gender-sensitive legislation, there is a strong potential for the Legislative Council and the Regulatory Impact Assessment Board to play a more active challenge and oversight role in reviewing legislative proposals from a gender perspective (Chapter 4). Strengthening the gender expertise within the composition of these structures and pursuing a more gender-diverse composition of their members can help underpin these efforts.

  • Establishing managerial accountability mechanisms within line ministries can help making progress on gender equality objectives. For example, gender equality-related performance targets could be introduced for managers in the Czech administration in line with the Civil Servants Act.

  • The Office of the Public Defender of Rights can benefit from greater capacities to promote reporting of discrimination and to effectively fulfil its mandate to protect people from discrimination. In particular, there is scope to strengthen the powers of the office to enforce its corrective measures as well as to conduct strategic litigation and abstract constitutional review.

  • As the gatekeepers of the legislative agenda and oversight institutions for the work of the government, the Parliament can play an important role in the gender equality agenda. In this regard, parliamentary scrutiny for gender equality commitments and goals can be formalised through the work of the Standing Committee by considering a systematic review of GIA requirements and introducing mechanisms for the government to report annually to the Committee. There is also room to gradually consider gender perspective in the work of other Standing Committees and commissions of the Parliament as a cross-cutting matter.

  • The Parliamentary Budget Committee is well-positioned to play a leading role in advancing gender budgeting in the Czech Republic.

  • In the medium term and noting the trend across OECD members, the Supreme Audit Office in the Czech Republic can help accelerate the implementation of the gender policy through formal oversight and audits, as appropriate.

References

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[11] El defensor del Pueblo (2022), Qué Es El Defensor, https://www.defensordelpueblo.es/el-defensor/que-es-el-defensor/ (accessed on  February 2023).

[9] European Commission (n.d.), Equality Bodies, https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-discrimination/tackling-discrimination/equality-bodies_en#:~:text=Equality bodies promote equal treatment,2000%2F43%2FEC (accessed on  April 2023).

[19] European Court of Auditors (2020), Audit preview: Gender Mainstreaming in the EU Budget, European Union, Brussels, https://www.eca.europa.eu/fr/Pages/DocItem.aspx?did=53149.

[15] European Union (2022), Proposal for a Directive of the European Parliament and of the Council on combating violence against women and domestic violence, COM(2022) 105 final, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022PC0105&from=CS.

[14] European Union (2019), Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019L1158.

[6] Government of Australia (2021), Australian Public Service Gender Equality Strategy 2021–26, https://www.apsc.gov.au/sites/default/files/2021-12/APSC%20-%20Gender%20Equality%20Strategy.pdf.

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[3] Government of the Czech Republic (2011), Statut Legislativní rady vlády (Statute of the Legislative Council of the Government), https://www.vlada.cz/assets/ppov/lrv/statut_lrv_20111031_111822.pdf.

[4] Ministry of Education, Youth and Sports of the Czech Republic (n.d.), Organiszational Rules of the Ministry of Education, Youth and Sports, Annex no. 1: The content of the activities of the ministry’s organisationalzational units, https://www.msmt.cz/file/58107/ (accessed on  February 2023).

[17] OECD (2022), “C/MIN(2022)7”, in Report on the Implementation of the OECD Gender Recommendations: Meeting of the Council at Ministerial Level, 9-10 June 2022, https://one.oecd.org/document/C/MIN(2022)7/en/pdf.

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[13] OECD (2019), Fast Forward to Gender Equality: Mainstreaming, Implementation and Leadership, OECD Publishing, Paris, https://doi.org/10.1787/g2g9faa5-en.

[16] OECD (2018), Gender Equality in Canada: Mainstreaming, Governance and Budgeting, OECD Publishing, Paris, https://doi.org/10.1787/9789264301108-en.

[5] OECD (2014), Women, Government and Policy Making in OECD Countries: Fostering Diversity for Inclusive Growth, OECD Publishing, Paris, https://doi.org/10.1787/9789264210745-en.

[2] Office of the Government of the Czech Republic (2021), Gender Equality Strategy for 2021-2030, https://www.vlada.cz/assets/ppov/gcfge/Gender-Equality-Strategy-2021-2030.pdf.

[7] Public Defender of Rights (2016), Strategie rozvoje Kanceláře veřejného ochránce práv na roky 2016–2021, https://www.ochrance.cz/provoz/strategie/strategie_KVOP_2016-2021.pdf.

[18] Senate of Canada (2022), Committee Hearing of the Committee on Social Affairs, Science and Technology on the Role of Gender-based Analysis Plus in the Policy Process, https://sencanada.ca/content/sen/committee/441/SOCI/Reports/COM_SOCI_GBA-Plus_Report_E.pdf.

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Note

← 1. The scope of the office’s duties was broadened in an amendment to the Public Defender of Rights law (Act No. 198/2009 Coll.) in 2009.

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