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Family & Law

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February, 2025 Expand all abstracts
Artikel

Access_open The Legal Framework for Child Protection from Corporal Punishment in the Czech Republic

Keywords Child welfare, Corporal punishment, Children, Law enforcement, Czech Republic
Authors Zuzana Vanyskova
AbstractAuthor's information

    This article addresses the persistent issue of corporal punishment of children in the Czech Republic. Despite statistics indicating that 58% of parents have used corporal punishment, the country has yet to implement an explicit ban on such practices in family settings. This reluctance persists despite two decades of international pressure from organizations like the United Nations and the European Committee of Social Rights. The article examines the historical and legislative background, highlighting key international recommendations and local legal responses including a detailed analysis of existing legal provisions that indirectly protect children, such as the Czech Charter of Fundamental Rights and Freedoms and various criminal and administrative laws. The article discusses the legislation proposed in 2023, which aims to explicitly ban corporal punishment through amendments to the Civil Code. The proposed amendments outline parental responsibilities, stating that parents must care for their children without corporal punishment, mental suffering, or degrading measures. The article critically evaluates these proposals, emphasizing the need for simpler legal language. The article also employs quantitative methods to analyse how individual municipalities enforce child protection laws, revealing significant regional disparities in prosecution rates. The findings suggest that child protection varies based on local authorities’ actions, with some municipalities demonstrating proactive approaches and others showing minimal enforcement efforts. The findings suggest that enforcement of child protection laws varies significantly by region, affecting children’s protection from corporal punishment. Additionally, the societal acceptance of corporal punishment remains deeply ingrained. The study concludes that stronger legal frameworks and public awareness efforts are essential to promote non-violent child-rearing practices in the Czech Republic. While legal reforms are crucial, they must be accompanied by educational campaigns to shift public attitudes.


Zuzana Vanyskova
Zuzana Vanyskova is Ph.D. student at the Faculty of Law, Charles University in Prague.

Citation format

Would you like to cite an article from Family & Law? You can do so using this format:

Frederik Swennen, Contractualisation of Family Law in Continental Europe, F&L July - September 2013, DOI: 10.5553/FenR/000008. www.familyandlaw.eu/doi/ 10.5553/FenR/.000008 (Last accessed: …)

ISSN

2542-5242