The Preamble of the Constitution of the Czech Republic advocates the protection of cultural, material and spiritual heritage.
The Charter of Fundamental Rights and Basic Freedoms is part of the Constitution of the Czech Republic (CR) and it lists the right to freedom of scholarly research and artistic creation among the fundamental human rights and freedoms in Chapter Two, Division One. Chapter 3 advocates for the rights of national and ethnic minorities, the right to education in one’s own language, the right to develop one’s own culture, and the right to associate in national associations. Chapter Four guarantees the right to education, to access cultural heritage and it also says that the rights to the fruits of one’s creative intellectual work shall be protected by law.
The Czech Republic (CR) is administratively divided into central (state), regional (regions), and local (municipalities) levels. The central level, the Ministry of Culture (MC), is responsible for the preparation of the majority of legislative norms in the field of culture. Overall competence in this area is allocated according to the MC by Act No. 2/1969 Coll. on Establishing Ministries and Other Central Administration Bodies of the CR, the so-called Competence Act (see also chapter 2.2).
Act No. 129/2000 Coll. on Regions states the legal position of regions and it determines that a region supports the universal development of its territory and needs of its inhabitants, which includes the field of culture. Regions are given legal competence in the allocation of their funds.
The position of municipalities is set out in Act No. 128/2000 Coll. Legal responsibilities such as the regulation of cultural enterprises or the duty of satisfying the needs of their inhabitants, such as general cultural development, are defined in this Act. Municipalities have legal competence in allocating their own funds.
The administration of the capital city of Prague is regulated by a special act: Act No. 131/2000 Coll.
The Ministry of Culture sought to include the responsibility of regions in preparing their cultural policies in the Draft Act on Some Kinds of Cultural Support in 2006. However, this section was excluded because it would challenge the autonomous competence of the regions.