Robust legal and strategic frameworks for the promotion of gender equality can significantly contribute to reducing gender gaps and ensuring the sustainability of gender equality efforts. This chapter provides an overview of Czech Republic legislation related to gender equality and mainstreaming, highlighting good practices and areas for further improvement. It further reviews the country’s approach to strategic planning, its current gender equality strategy, the implementation and monitoring mechanisms in place or needed, and the extent to which gender considerations are integrated into sectoral plans. It concludes with a series of policy recommendations to support the government of the Czech Republic to further consolidate its legal and strategic frameworks to advance its gender equality goals and enhance gender-sensitive policymaking.
Gender Equality in the Czech Republic
3. Strategic planning for gender equality policy in the Czech Republic
Abstract
3.1. Introduction
A robust legal and strategic framework can facilitate addressing gender gaps in the Czech Republic. A country’s strategic planning can serve as a frame of reference to achieve its shared vision for gender equality, helping to prioritise and clarify the key areas of focus for government action and identifying objectives and targets for different time horizons for their implementation. A growing number of countries have developed a national gender equality strategy, reflecting a growing recognition of their importance. Over the past five years, at least five OECD countries have adopted a whole-of-government strategic framework for gender equality for the first time (OECD, 2022[1]).
There is consensus across OECD members – as reflected in the adoption of the 2015 OECD Recommendation on Gender Equality in Public Life – that a stand-alone national gender equality strategy, combined with the integration of gender equality objectives within sector-specific strategies (e.g. education, health, environment, etc.) and broader national strategies (e.g. data, foresight, disaster management, recovery and resilience, etc.), can help accelerate the implementation of gender equality objectives. The importance of this approach has been recognised most recently following the COVID-19 pandemic: The disproportionate impact of COVID-19 on women’s economic and social outcomes triggered an urgent need to ensure that recovery efforts are gender sensitive. Noting this, the European Commission has urged the members of the European Union (EU) to mainstream gender objectives into their national recovery and resilience plans. A vast majority of the respondents (81%) to a 2021 OECD survey that reported having a recovery and resilience strategy in place have integrated gender equality considerations in these strategic plans (OECD, 2022[1]).
This chapter explores the existing state of the legal and strategic frameworks for gender equality and gender mainstreaming in the Czech Republic, noting their evolution as well as key success factors and lessons learned.
3.2. An overview of Czech legislation in relation to gender equality and mainstreaming
Legal frameworks focused on gender equality can help counter gender-based discrimination and ensure that gender equality is upheld as an enduring value and ethos of public policymaking, especially in the absence of political commitment. Such frameworks encompass laws that are dedicated, on one hand, to gender equality and, on the other, to the integration of principles that uphold gender equality in other laws (e.g. budget laws, labour codes, procurement laws and civil procedure laws). These latter types of laws can also be referred to as gender-sensitive legislation based on the understanding of their impacts on gender equality outcomes.
3.2.1. Equal treatment is guaranteed by the Anti-Discrimination Act
In the Czech Republic, the principle of non-discrimination is enshrined in the constitution in line with the Charter of Fundamental Rights and Freedoms. Anti-discrimination provisions, including against discrimination based on gender, is primarily covered by the Act No. 198/2009 Coll., on Equal Treatment and on the Legal Means of Protection against Discrimination (the Anti-Discrimination Act). This act defines the right to equal treatment and prohibits discrimination in matters related to, among others, employment and labour, social security, access to health care, access to education, and access to goods and services (including housing) (Parliament of the Czech Republic, 2009[2]). It transposes the relevant EU directives1 in this area and incorporates the expression “discrimination on the ground of sex”. The responsible entity for enforcement of the Anti-Discrimination Act is the Public Defender of Rights (Ombudsperson), which is the national equality body responsible for ensuring equal treatment and protection against discrimination (Chapter 7).
Analysis of the Anti-Discrimination Act by the Ombudsperson’s office since 20102 found that its enforcement has been very limited, due in part to the public’s low awareness of the protections against discrimination; weak penalties and damages in proven cases of discrimination; and insufficient state support of non-governmental organisations that provide aid to victims of discrimination (Office of the Public Defender of Rights, 2016[3]). Based on these analyses, the Ombudsperson’s office has recommended several amendments to the Anti-Discrimination Act including to entitle victims to monetary compensation and to introduce public interest litigation to enable an organisation to represent victims (Office of the Public Defender of Rights, 2020[4]).
While a detailed legal analysis is beyond the scope of this report, provisions and protections related to gender equality can be found in several other laws in the Czech Republic. For instance, Act No. 262/2006 Coll., Labour Code contains important protections related to work-life balance, equal pay and other relevant measures (European Commission, 2021[5]).
3.2.2. The Czech Republic could benefit from a stronger legal framework dealing with gender equality
While the Anti-Discrimination Act provides the legal basis for protection from gender-based discrimination, a more targeted legal framework focused on gender equality could provide a more effective blueprint to proactively guide government action in promoting gender equality for women, men and diverse groups in society. There are examples of gender equality laws across the OECD that, among other things, require ministries to develop gender action plans, introduce requirements for equal pay certification, outline the roles and responsibilities across the administration to consider a gender perspective in policymaking, mandate the collection gender-disaggregated data, or create co-ordination mechanisms for the gender policy. Box 3.1 highlights examples of such legislation from Iceland and the Victorian state government in Australia.
Box 3.1. Examples of comprehensive gender equality laws in OECD countries
Iceland
Iceland’s Act on Equal Status and Equal Rights Irrespective of Gender (No. 150/2020) provides the foundation for the prevention of discrimination on the basis of gender and maintaining equality and equal opportunities for all genders in all spheres of society. It establishes the basis for gender and equality mainstreaming in decision making on part of the ministries and public institutions.
The Act aims to advance equal influence for women and men in all spheres of society. It identifies the key areas of work where gender gaps exist such as pay discrimination, reconciliation of work and family life, education, gender-based violence, and gender norms and stereotypes. It also acknowledges the importance of using gender statistics and increasing research in gender and equality studies. It recognises multiple forms of discrimination.
Victoria, Australia
The state of Victoria in Australia enacted its Gender Equality Act in 2020 with the aim of improving workplace gender equality in the public sector, universities and local councils. The law calls on these institutions to undertake positive action towards workplace gender equality and integrate gender equality into their work policies, programmes and services. The act also establishes the Public Sector Gender Equality Commissioner to provide education, support implementation and enforce compliance of the act. It further requires the consideration of an intersectional perspective by organisations in developing strategies and measures to fulfil their obligations under the act.
3.2.3. Gender mainstreaming objectives could benefit from further clarification and a stronger legal underpinning
Having specific laws related to gender equality is not sufficient to uproot horizontal gender inequalities. Evidence shows that there is a need to review the overall legal landscape to level the playing field for women and men from diverse backgrounds. For example, while men and women are typically taxed under the same rules, their different social and economic characteristics (e.g. income levels or labour force participation) mean that the tax laws can inadvertently contribute to gender inequalities in society (OECD, 2022[8]). This is why gender mainstreaming is the most effective when integrated within the overall legal landscape of a country. Gender mainstreaming helps tackle the deeply rooted nature of structural gender inequalities, gender norms and stereotypes within structural policies, laws and regulations, budgets and procurement processes. As such, it supports governments to make more inclusive decisions to achieve better outcomes for all.
In the case of the Czech Republic, OECD interviews across line ministries pointed out an uneven understanding of gender mainstreaming and its importance, with most government action focusing on targeted actions alone. This uneven understanding is also reflected in the public administration’s legal landscape. The key document that formalises gender mainstreaming is the national Gender Equality Strategy for 2021-2030 (Strategy 2021+). This strategy was adopted through a government resolution,3 which lends it political weight under the government that put it in place and facilitates its implementation. However, Strategy 2021+ does not provide a legal basis for gender mainstreaming, which makes it more vulnerable to political and economic fluctuations over time. The government’s rules regarding regulatory impact assessments also help underpin a formal approach to gender mainstreaming in the Czech Republic The rules cover gender impact assessments (GIAs) for legislative and non-legislative documents submitted to the Cabinet (Chapter 5). But there are important constraints on the effective implementation of this requirement (Chapter 4). Gender considerations are also not mainstreamed in key legal instruments such as the budget law, procurement law or laws that outline the obligations of public servants. Table 3.1 compares legal underpinnings for gender mainstreaming in the Czech Republic and the average situation across OECD countries. This overview suggests to there is scope to introduce gender mainstreaming requirements in both the budget and public procurement laws in the Czech Republic to further align with the growing practice across OECD countries.
Table 3.1. Comparative overview of gender mainstreaming requirements in OECD countries and the Czech Republic
|
Type of requirement |
How many OECD countries report having these in place? |
Does the Czech Republic report having these in place? |
|---|---|---|
|
Laws and binding decisions on gender mainstreaming and gender equality |
67% |
● |
|
Gender mainstreaming requirements in budget laws |
52% |
● |
|
Gender mainstreaming requirements in impact assessment laws |
39% |
N/A |
|
Gender mainstreaming requirements in procurement laws |
39% |
● |
|
Gender mainstreaming requirements in planning laws |
33% |
N/A |
|
Gender mainstreaming requirements in economic recovery laws |
24% |
● |
|
General obligations for public servants to promote gender equality |
18% |
● |
|
Gender mainstreaming requirements in emergency management or preparedness laws |
6% |
● |
Note: The red dot stands for “no”; the green dot stands for “yes”. Responses were received from 33 OECD countries that participated in the Gender Mainstreaming and Governance survey.
Source: OECD (2021[9]), OECD Survey on Gender Mainstreaming and Governance.
Gender mainstreaming in laws across the EU and OECD could serve as examples for the Czech Republic. In the past five years, at least nine OECD countries have enacted new laws, regulations or directives (including to complement existing policies) to underpin gender mainstreaming in one or more policy areas (Box 3.2). These legal and statutory frameworks take a variety of forms including laws and/or binding decisions focused on gender mainstreaming; general obligations for public servants to promote gender equality in all actions; and gender mainstreaming requirements enshrined in other key laws related to, for example, planning, budgeting or procurement laws, as shown in Table 3.1 (OECD, 2022[1]).
Box 3.2. Legal frameworks for advancing the dual approach to gender equality
Belgium’s gender mainstreaming law
Belgium adopted a dedicated law on gender mainstreaming in 2017 that creates a legal obligation for gender mainstreaming in the development of public policies at the federal level. The law calls for the strategic objectives in gender mainstreaming to be declared when a government is formed and calls on ministries to make annual presentations on the actions and measures taken to this end. Ministries are required to use gender budgeting with each project. Finally, the law prescribes integrating a gender lens through a range of administrative actions such as strategic planning frameworks, data and statistics, and gender-sensitive indicators, among others.
The United Kingdom’s public sector equality duty
The Equality Act 2010 established the public sector equality duty, which requires all public bodies to consider and think about how their policies or decisions affect people who are protected under the Equality Act. The protected characteristics under the act are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation. The act also requires public bodies to eliminate discrimination, harassment, victimisation and other conduct prohibited by or under the act; to advance equality of opportunity between persons who share relevant protected characteristics and persons who do not share them; and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Additionally, public authorities also have specific duties under the Equality Act to help them comply with the public sector equality duty, such as publishing equality information at least once a year and preparing and publishing equality objectives at least every four years.
Source : (Federal Parliament of Belgium, 2007[10]); (IEFH Belgium, 2015[11]); (Ministry of Justice of the United Kingdom, 2012[12]); and Information provided by the United Kingdom, 2021.
3.3. Strategic planning for gender equality in the Czech Republic
3.3.1. Over the past decade, the strategic approach to the promotion of gender equality has improved
The Czech Republic has taken steps to progressively improve its national strategic plans on gender equality over the past decade, drawing on lessons learned from the evaluation of previous strategies. The first step in the development of strategic planning in the area of gender equality was the government’s approval in 1998 of an action plan outlining priorities and procedures to promote equal opportunities for men and women (Government of the Czech Republic, 1998-2020[13]). The plan defined the national priorities on gender equality for that year and measures to be undertaken by ministries and other relevant bodies of the public administration. Since then and in each subsequent year until 2014, annual action plans identified priorities and their implementation was monitored and reported on an annual basis. However, this approach lacked a comprehensive and result-oriented framework to guide such measures and track progress. The adoption in 2014 of the Government Strategy for Gender Equality in the Czech Republic for 2014-2020, the country’s first medium-term policy framework for gender equality, was a pivotal moment. This 2014-20 Strategy identified eight key areas where gender equality needed to be advanced on the basis of a strategic analysis (Government of the Czech Republic, 2014[14]). However, the annual reporting and monitoring processes remained largely unchanged since 1998, making this a process-related endeavour with very limited focus on results. This is similar to OECD findings on the monitoring of strategic documents in the Czech Republic more broadly (OECD, 2023[15]).
Strategy 2021+ is intended to be an evergreen document underpinned by monitoring and reporting mechanisms
The Gender Equality Strategy for 2021-30 builds on the lessons learned from the previous strategic plans and provides a more ambitious framework for the promotion of the country’s gender policy and a longer timeframe. Box 3.3 outlines key areas of focus.
Box 3.3. Key areas of focus of Strategy 2021+
The latest gender equality strategy of the Czech Republic aims to eliminate gender inequalities and in that sense, it builds on existing policies in this area. Its eight thematic chapters focusing on key areas of promoting gender equality:
work and care - eliminating gender inequalities in the job market and in relation to care
decision making - addressing the low representation of women in politics and other decision-making positions in the public sphere
safety - dealing with issues related to domestic and sexual violence and safety in public spaces, including cyberspace
health - addressing gender inequalities in health care, including issues related to obstetrics and postnatal care
knowledge - eliminating gender inequalities in education, science and research
society - eliminating gender stereotypes, reducing gender inequalities in media and culture, and supporting the civil sector
external relations - focusing on the application of gender equality to foreign policy
institutions - stressing sufficient staffing in public administration to allow for the effective promotion of gender equality and the implementation of Strategy 2021+.
Each chapter summarises the actual state of gender (in)equality in the area, defines the gaps and sets forth strategic high-level goals. These are further developed in the annex alongside specific goals, particular tasks, measures, indicators, time frames, and responsible and co-operating entities.
Source: Office of the Government of the Czech Republic (2021[16]), Gender Equality Strategy for 2021-2030, https://www.vlada.cz/assets/ppov/gcfge/Gender-Equality-Strategy-2021-2030.pdf.
Strategy 2021+ provides a solid foundation for implementing gender equality commitments as it sets out high-level goals and complements these with concretely defined measures and corresponding indicators. It identifies roles and responsibilities for entities across the whole of government.
Strategy 2021+ also puts in place an annual reporting and monitoring mechanism that requires ministries and other co-operating entities to report to the Gender Equality Department (the Department) in the Office of the Government on its implementation. This mechanism consists of self-assessment of the level of implementation by the responsible entities and an assessment by the Department.
This process has been designed in such a way as to foster transparency and provide a platform for discussion of the findings and challenges in relation to implementation. The Department prepares an annual report on fulfilment of Strategy 2021+ in co-operation with and for discussion within the Government Council for Gender Equality and its working groups. Usually, this annual report also undergoes the standard inter-ministerial commenting procedure via the electronic document sharing system eKLEP and is subsequently submitted to the government and the Cabinet (Office of the Government of the Czech Republic, 2021[16]).
A significant innovation under Strategy 2021+ is a built-in mechanism for flexibility and revision. This allows for a mid-term external evaluation with the possibility to twice revise the strategy, including its measures and indicators, based on progress in implementation and to take into account potential emerging issues and new barriers. As Strategy 2021+ has a ten-year timeframe, such built-in agility can be very valuable, as became clear with the recent experience of the COVID-19 pandemic when governments had to adapt urgently in face of emerging challenges. It must be noted, however, that such flexibility can be a double-edged sword in the absence of a committed political leadership: There is a risk of alteration or dilution of the strategy’s scope, goals and measures over time, the influence of shorter term priorities and the political context, and the consequences of a possible lack of ownership by subsequent governments. Several OECD members have tested different approaches to mitigate these kinds of risks. In Sweden, for example, overarching gender goals were developed in 2006 and have remain unchanged since then to maintain a long-term vision. It is the responsibility of the Swedish line ministries to identify how these goals are translated within their own line of work, supported by indicators to measure progress.
The Gender Equality Department is well positioned to oversee strategic co-ordination, implementation and monitoring
The Department is the co-ordinating body tasked with fulfilling Strategy 2021+. As the members of the Czech government are ultimately responsible for implementing the strategy, ministers of the line ministries are expected to ensure implementation of the particular measures to be undertaken by their ministry in the prescribed timeframe as are chairpersons of relevant central government authorities such as the Czech Statistical Office (Office of the Government of the Czech Republic, 2021[16]).
In the Czech administration, responsibility for managing various cross-cutting strategies tends to be located in line ministries, which may limit the overall effectiveness of whole-of-government steering, co-ordination and monitoring of those strategies (OECD, 2023[15]). In relation to gender equality, this responsibility is located in the Department within the Office of the Government, and this may offer an opportunity to more seamlessly steer and co-ordinate work across the government in the implementation of the Strategy 2021+.
Strategy 2021+ reflects a lengthy consultative process
Strategy 2021+ was adopted following a two-year preparatory phase of consultation and engagement within and outside the public administration. Based on a preliminary identification of the strategic areas of focus and a needs assessment, thematic expert groups were created to develop proposals for specific goals and tasks. During the consultation phase, these outcomes were discussed in committees and task forces of the Government Council for Gender Equality and with relevant stakeholders and the public to ensure that the process was participative, consultative and responsive. A proposal of the strategy was also sent to the line ministries to solicit their comments. The submitted comments were then discussed with ministry representatives at eight thematically focused roundtables to try and reach consensus before submitting the final text into the formal interagency commenting procedure (eKLEP) (Office of the Government of the Czech Republic, 2021[16]). While it is too early to assess the impact of this consultative process, such consultation efforts are expected to help strengthen the implementation of the measures identified in Strategy 2021+, both by enhancing the ownership of ministries and other co-operating entities of their respective responsibilities and tasks as defined in the strategy and by supporting the document’s relevance to the actual needs of the society.
3.3.2. Strategy 2021+ could benefit from greater resourcing and implementation capacity
A prioritisation of actions as short-, medium- and longer-term objectives is needed
Currently, the proliferation of tasks and measures assigned to each line ministry as part of Strategy 2021+ weighs on having an outcome-oriented approach. For example, the Ministry of Education is tasked with implementing over 120 measures, whereas the Ministry of Labour and Social Affairs is assigned to undertake 162 measures. Though there is no state budget allocated to the implementation of Strategy 2021+, it would be beneficial to opt for sequential budgeting, thus further prioritising the actions set out in Strategy 2021+ going forward. This approach is especially relevant given the tightening fiscal context and the government’s stated priority to reduce public spending. Such a prioritisation exercise can also reinforce the business case for allocating state funds for Strategy+, underpinning its stability. Box 3.4 discusses the prioritisation approach taken by Switzerland as an example.
Box 3.4. Switzerland’s prioritisation approach to implement its Gender Equality Strategy
Switzerland’s Federal Council adopted the country’s first-ever national strategy dedicated to gender equality in 2021. The Gender Equality Strategy 2030 focuses on four key areas: promoting equality in the workplace, improving work-life balance, preventing violence and fighting discrimination. It contains a general objective and several specific objectives for each of these areas aimed at achieving equality between women and men. Notably, the strategy adopts a prioritisation approach for the measures proposed, identifying the priority measures for 2021-23 that need to be adopted or implemented during the current legislative period (i.e. by the end of 2023). It also envisages a mid-term review at the end of 2025.
Source: Federal Council of Switzerland (2021[17]), “Federal Council adopts national gender equality strategy”, https://www.ebg.admin.ch/ebg/en/home/the-foge/nsb-news_list.msg-id-83294.html.
Further efforts are needed to enhance the autonomy and ownership of government bodies to implement Strategy 2021+
In the Czech Republic, cross-cutting strategies have typically been prepared as a response to EU requirements that condition funding for the development of such strategies (OECD, 2023[15]). These requirements are the enabling conditions for EU funds allocated to the Cohesion Policy that set up the general and sectoral framework to ensure the effectiveness of EU support and must be met by EU member states during the whole programming period of the funding. Moreover, most cross-cutting strategies are not connected with other sectoral strategies, negatively impacting line ministries’ ownership of cross-cutting strategies. While Strategy 2021+ was also adopted as a response to the enabling conditions for the programming period 2021-2027, that called for recipients of EU funding to have in place a national strategic framework for gender equality.4 The Czech Republic’s Gender Equality Department also undertook significant efforts to improve the institutionalisation and implementation of its gender equality strategy.
That said, there is scope to enhance autonomy and ownership of Strategy 2021+ among line ministries and other implementing entities in the Czech government. While the strategy has adopted critical horizontal measures, including to advance gender budgeting and collection of gender-disaggregated data, OECD research has found that the roles and responsibilities for these measures fall overwhelmingly on the Department. In this regard, it would help to clarify the roles and responsibilities of other designated co-operating bodies (e.g. Ministry of Finance, Czech Statistics Office) to strengthen their engagement. Box 3.5 describes an example from the Colombian ministries of environment and transport to strengthen gender mainstreaming within the transport sector.
Box 3.5. How government ministries in Colombia worked together to advance gender equality
The Ministry of Transport as head of the sector, led the establishment of the Sectoral Committee to co-ordinate the implementation of national public policy on gender equity in the transport sector. The committee aims to align the needs and capacity of women in plans, programmes, projects and strategies in the sector.
The Ministry of Transport and the Ministry of Environment, in a joint effort, developed a guide to help incorporate a gender perspective in projects, programmes, plans and policies of the transport sector. This document builds on previous work relative to gender and climate change. The guide is a tool for public entities and includes a checklist, examples, good practices and recommendations for integrating gender considerations into their plans or programmes, especially in projects to mitigate climate change in the transport sector. By reviewing all the steps of the cycle of projects, from background and design up to implementation and evaluation, the guide provides orientation to stakeholders relative to gender mainstreaming.
Increasing sustainability of gender equality commitments with firmer linkages to the budget process can boost implementation
Overall, OECD analysis points to limited links between the policy planning and financial planning processes in the Czech Republic, as financial costs of the measures and allocation of expenditures on priority measures are insufficiently discussed between the ministry authoring the strategy and the Ministry of Finance and before policy documents are submitted to the inter-ministerial commenting procedure and to the Cabinet (OECD, 2023[15]).
To support its implementation, Strategy 2021+ identifies both national and EU sources (i.e. EU funds and European Economic Area (EEA)/Norwegian funds) of financing. In this context, it is important to highlight that Strategy 2021+ defines three types of measures. First, there are measures that do not have direct expenses, for example, legislative changes. Second, there are measures that could be funded by EU Cohesion Policy funds, particularly the European Social Fund Plus + (e.g. the Operation Programme Employment+ and Johannes Amos Comenius Programme).5 Finally, there are some measures that have a direct impact on the state budget (namely, measures entailing an increase of some existing subsidy programmes). Yet, as noted by the interviewed authorities, in view of the limited state financing, Strategy 2021+ relies heavily on EU funding (particularly on the previous Operational Programme Employment). To this end, the Czech Republic is encouraged to consider strengthening the formal links between the implementation of Strategy 2021+ and the budget process (Chapter 6), particularly in the context of promoting a gender-inclusive recovery from the COVID-19 crisis.
3.3.3. There is scope for greater integration of gender mainstreaming objectives in sectoral policy planning
In addition to Strategy 2021+, other key strategic frameworks briefly discuss issues and measures related to the gender equality agenda. For example, Czech Republic 2030, the country’s long-term strategy, outlines a pathway for its social, economic and environmental development and forms the basic strategic framework for other national and regional strategic documents. This strategy refers to prevailing gender inequalities in society, stating that:
“Czech Republic will reduce gender inequalities in various areas of social life, in particular the low participation of women with young children (under 15) in the labour market and the high gender pay gap and pensions (gender pension gap). The state will also focus on the low representation of women in politics and decision-making positions and the high degree of vertical and horizontal gender segregation in the labour market. It will vigorously combat violence against women (domestic violence, rape, sexual harassment or cyberviolence) and direct discrimination based on sex, which is significantly more common for women than men. The negative role of gender stereotypes, which support the perpetuation and replication of gender inequalities, must be considered.” (Government of the Czech Republic, 2017[20])
The Policy Statement of the government of the Czech Republic approved in 2022 does not explicitly reference either gender equality or the Strategy 2021+. However, it mentions issues that are closely related to gender equality, among them increasing the capacity of childcare facilities, supporting affordable housing for single parents, and increasing the pensions for people over 85 (who are predominantly women) (Government of the Czech Republic, 2022[21]).
As discussed, OECD’s dual approach to strategic planning for gender equality emphasises the importance of aligning national and sectoral strategic planning with cross-cutting national gender strategies to ensure coherent implementation of strategic plans across the government. If gender-related goals are not fully integrated into government action and mirrored in other broader country strategic documents, they risk being marginalised and not fully implemented (OECD, 2018[22]). In this regard, and despite the brief references to gender equality in the Czech Republic’s cross-cutting strategic documents, there is further scope to strengthen gender mainstreaming in the country’s strategic development framework and Policy Statement of the government.
While Operational Programmes developed with European Union funding include specific goals related to gender equality, scope remains for further gender mainstreaming
As discussed in Chapters 1 and 2, funding from the EU, notably from the European Social Fund and European Social Fund Plus, has made and continues to make a crucial contribution towards the Czech Republic’s gender equality goals. The Czech Operational Programmes (strategic documents developed by EU countries to apply for EU funding that list objectives, priorities and actions) under these funding mechanisms outline gender equality-related contributions as relevant. Notably, the Operational Programme Employment (2014-2020) (Czech Republic Ministry of Labour and Social Affairs, 2014[23]) supported the strengthening of institutional mechanisms for gender equality within some line ministries (among them, the Ministry of Education, Youth and Sports and the Ministry of Transport) as well as projects dedicated to tackling the gender pay gap and improving childcare facilities.
Following the introduction of criteria for mainstreaming a gender perspective in the development of Operational Programmes, contained in relevant EU legislation for accessing EU funding, the Department provided suggestions to mainstream gender in the Operational Programme Employment Employment+) (Czech Republic Ministry of Labour and Social Affairs, 2021[24]). However, as reported in Strategy 2021+, only a small set of these suggestions – specifically those pertaining to reinforcing childcare arrangements through expansion of children’s groups (Chapter 2) – were included in the final Operational Programme submitted. Operational Programme Employment+ also contains allocations for improving gender equality in the labour market (e.g. through tackling horizontal and vertical segregation of the labour market, reducing pay inequalities and work-life balance).
Similarly, there has been no direct focus on gender equality in the Integrated Regional Operational Programme, funded by the European Regional Development Fund, during either the 2014-20 or the 2021-27 programming periods (Government of the Czech Republic, 2021[25]); (Government of the Czech Republic, 2014[26]). However, the programme aims to address the insufficient capacities of childcare facilities in the Czech Republic and improve the current situation by funding the development of relevant infrastructure, thus indirectly dealing with gender gaps in labour market.
There is scope to strengthen gender mainstreaming in the implementation of the Czech Republic’s National Recovery and Resilience Plan
As discussed in Chapter 1, the COVID-19 crisis widened existing gender gaps in several socioeconomic areas including employment, globally and in the Czech Republic, illustrating the need to consider gender equality in formulating recovery and resilience plans. If these impacts on women’s employment are not considered in designing and implementing recovery plans, for example, financial aid and welfare benefits may not be sufficiently directed to women-dominated sectors and businesses, which could worsen economic gender gaps.
Several OECD countries, recognising the importance of an inclusive recovery, have reported integrating gender equality considerations in the development of their recovery and resilience plans. As of 2021, 81% of OECD countries that reported developing a strategic plan in response to the COVID-19 crisis (including for recovery and resilience) also reported integrating gender equality considerations either by including targeted actions and/or stating gender equality as cross-cutting pillar. The EU regulation establishing the Recovery and Resilience Facility states that member states should mainstream and promote objectives relating to gender throughout the design and implementation of their National Recovery and Resilience Plans (NRRPs). The Czech Republic’s NRRP sets forth various measures that are expected to have a positive impact on gender equality outcomes, particularly by increasing women’s labour market participation. This objective would be supported over the long term through investment in childcare facilities for children under the age of three and by amending legislation to ensure sustainable financing and regional availability of low-age childcare (Government of the Czech Republic, 2022[27]). While such targeted measures are important, the dual approach of targeted actions accompanied by gender mainstreaming would be essential to encourage a gender-inclusive recovery (OECD, 2021[28]).
In official interviews, it was reported that while the Czech Republic’s NRRP might have been an opportunity to channel resources towards the promotion of gender equality, time constraints and other considerations (such as the availability of other EU funds channelled towards the promotion of gender equality) prevented gender considerations from being fully integrated into the final NRRP. For instance, the NRRP notes that gender-based violence, gender inequalities in education and gender stereotypes are dealt with under other interventions such as through the next operational period of EU funds or EEA/Norway funds. Similar challenges had been reported across the OECD in the immediate aftermath of the pandemic: Only 42% of countries reported analysing the gender-related impacts of emergency measures. However, having systematic and well-established gender mainstreaming systems is reported to have facilitated governments’ use of gender analysis to help inform decision making at the onset of the pandemic (OECD, 2021[28]).
While the window of opportunity in which to carry out a comprehensive ex ante gender impact assessment to inform the development of the Czech Republic’s NRRP has closed, there is considerable scope to make its revision and implementation more gender inclusive. As a start, the NRRP could benefit from an assessment to better estimate the expected impact of the funding measures on gender equality and more particularly on women’s labour force participation as a high priority issue. These findings could feed into the revision of the NRRP and inform the implementation of programmes going forward. There is also room to better align the objectives of NRRP to the selected goals of Strategy 2021+ to further strengthen implementation of the strategy. Box 3.6 describes an example from Italy that could provide insights.
Box 3.6. Italy’s approach to integrating gender equality in recovery plans
One of the recommendations of the European Commission’s Country-specific recommendations for Italy 2019-20 was that it adopt measures to address the impact of the COVID-19 pandemic on women and integrate a gender lens in the preparation and the implementation of its NRRP. In response, Italy has conducted a gender assessment in its NRRP.
The Italian government used several tools to integrate a gender perspective into the performance framework. These included setting milestones and targets for each reform and investment proposal as well as specific measures to support female entrepreneurs and promoting gender procurement for projects financed by the Italian NRRP. In addition, “Strengthening growth potential and social cohesion, explaining the contribution to gender equality” is one of the core criteria for a positive evaluation of the measures outlined in the plan.
The Italian government also assessed the impact of its NRRP on women’s employment. The assessment suggested a growth of 4 percentage points in women’s employment by 2026 and also identified the components more favourable to men’s employment (e.g. renewable energy investments, railway investments) against those favourable to women’s employment (e.g. education and health investments, employment policies, digitisation). According to the assessment, the plan could help Italy earn five more points in the European Institute for Gender Equality’s Gender Equality Index, which measures the progress of gender equality over time. The extra five points would push Italy above the current index average of 67.9.
Integrating gender objectives within the ministerial-level strategies can support policy alignment and implementation
OECD research points to significant scope to strengthen gender mainstreaming in strategic documents at the ministerial level in the Czech Republic. In line with the 2014-20 gender equality strategy and its annual action plans, several ministries put in place their own ministerial-level strategies. The gender equality strategy of the Ministry of Education, Youth and Sports focused on internal processes and policymaking. Yet, there is an absence of systematic inclusion of gender equality in sectoral priorities. Currently, the allocation of tasks appears to be relatively siloed, with insufficient institutional responsibility for implementing gender mainstreaming in ministries. In most cases, the responsibility falls almost exclusively to the respective gender focal points (GFPs), who often do not have the required mandate or capacities for the tasks. Developing a systematic approach and guidance for ministries to incorporate gender-related objectives as a part of their sectoral strategies can play a key role in achieving horizontal alignment and implementation for gender equality. Strategic alignment and harmonisation across national and sectoral strategies is more generally an issue in the Czech Republic (OECD, 2023[15]). The Ministry of Regional Development has developed templates and models for strategic documents in this regard, which could include gender-related objectives and references to gender equality.
3.4. Policy recommendations: A roadmap for the Czech Republic
There is a need to further level the playing field for women and men from diverse backgrounds within the legal landscape of the Czech Republic. Stronger legal underpinning for gender equality can future-proof it as a core value and embed gender mainstreaming as a core government process. The Gender Equality Strategy for 2021-2030, which was adopted through a government resolution, can carry political weight under the government which adopted it, facilitating its implementation. However, in the absence of a legal basis for gender mainstreaming, its implementation could be vulnerable to possible political and economic fluctuations in the future.
Resourcing and capacities across the administration for the implementation of Strategy 2021+ could be enhanced:
An important first step could be the prioritisation of actions as short, medium and longer-term objectives. Such a prioritisation exercise can also help reinforce the business case for allocating more sustainable funds for Strategy+ to underpin its stable implementation within the tightening fiscal context.
There is scope to increase sustainability of the implementation of gender equality commitments by strengthening linkages to the state budget process since implementation of Strategy 2021+ relies overwhelmingly on funding from external sources such as the EU. While this financing mechanism has crucially provided impetus to institutionalise Strategy 2021+, it a sustainable and regular resource allocation hat can ensure continuity and impact in the medium and long term.
Further efforts are needed to gradually enhance the autonomy and ownership of ministries and co-ordinating bodies for the implementation of Strategy 2021+. It would be helpful, for instance, to clarify the roles and responsibilities of other designated co-operating bodies’ such as the Ministry of Finance and the Czech Statistical Office to strengthen their engagement.
It is important to further strengthen the links and alignment between Strategy 2021+ and key government strategies, particularly the Policy Statement of the Government, to increase political support and ensure that the Prime Minister’s Office and the whole of government address gender as a higher priority on the government agenda.
There is scope to strengthen gender mainstreaming in the implementation of the NRRP including through better alignment with Strategy 2021+ goals and an impact assessment to better estimate the expected impact of the funding measures on gender equality and specifically on women’s labour force participation. These findings can feed into the revision of the NRRP and inform its implementation.
Developing a systematic approach and guidance for ministries to incorporate gender-related objectives as a part of their sectoral strategies can play a key role in advancing the goal of horizontal alignment and implementation for gender equality. For instance, this guidance can be reflected in the strategic templates and models prepared by the Ministry of Regional Development.
References
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Notes
← 1. These are as follows: Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation; Council Directive of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security; Council Directive 86/378/EEC of 24 July 1986, on the implementation of the principle of equal treatment for men and women in occupational social security schemes; Council Directive 2004/113/EC of 13 December 2004, implementing the principle of equal treatment between men and women in the access to and supply of goods and services; Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006, on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Directive 2010/41/EU on the application of the principle of equal treatment between men and women who are self-employed; and Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014, on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers.
← 2. The Ombudsperson has issued two reports. The first, covering 2010-14, related to barriers to justice for victims of discrimination in the Czech Republic, available at https://www.ochrance.cz/uploads-import/ESO/CZ_Diskriminace_v_CR_vyzkum_01.pdf. The second, spanning 2015-19, looked at court cases on discrimination; see https://www.ochrance.cz/uploads-import/ESO/ CZ_Diskriminace_v_CR_vyzkum_01.pdf and https://www.ochrance.cz/dokument/rozhodovani_ceskych_soudu_o_diskriminacnich_sporech_2015_2019/2020-vyzkum_judikatura-dis.pdf.
← 3. The strategy was approved through the Government resolution No. 269 of 8 March 2021, available at https://apps.odok.cz/attachment/-/down/IHOABYYHHZTI.
← 4. The draft general regulation for EU funding for the 2021-27 programming period of 2021-2027 (for the EU Regional Development Fund), European Social Fund Plus, the Cohesion Fund, the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Border Management and Visa Instrument, and the Internal Security Fund) includes having in place a “national strategic framework for gender equality" as one of the enabling conditions for EU funds.
← 5. The operational Programmes Employment+ (Ministry of Labour and Social Affairs) and Jan Amos Comenius (Ministry of Education, Youth and Sports) are frameworks for EU funds for the 2021-27 programming period.