24 May 2022 – Online conversation
Karel Lach: Family Values and Parental Responsibility in the Light of Vulnerability. Czech law family law has changed significantly with the recodification of the Civil Code, which has been in force since 2014. We have been inspired by various transnational trends so our family law is based on respect for the autonomy of the individual. However, it may come into conflict with the principle of protection of vulnerable persons. In this contribution, I will discuss how Czech regulation of family law works with the basic principles of family law and how these principles are specifically manifested in the area of parental responsibility in the context of vulnerability.
Jana Marková: Your Duties and Rights as a Parent – to Financially Support your Child. Your duties and rights as a parent – to financially support your child. The paper will discuss financial support from the parents to the child. How long is a parent obliged to financially support their child? Is there a set amount of such support? The text will focus mainly on parental support towards university students. How does the child’s employment while studying affect the support?
Andrea Bartíková: Parental Responsibility and Domestic Violence. Parents are expected to exercise their parental responsibility towards their children conscientiously and in their best interests. Like many other legal norms, the norms governing parental responsibility are violated. Parental responsibility should be exercised within the framework of the child’s welfare. Where this is not the case, as in the case of domestic violence, this responsibility is not exercised in accordance with legal standards and parents should be relieved of this responsibility or should be limited in this responsibility, depending on the seriousness of the child’s misconduct.
Jakub Slavík: The Consequences of Improper Exercise of Parental Responsibility. My contribution will deal with the potential consequences of improper exercise of parental responsibility, especially in the context of Czech family law. I will proceed on the basis that not every parent of a child in question exercises his or her parental responsibility properly. I would like to reflect on whether the subsequent state intervention as a result of this matter constitutes assistance and help rather than sanction to such parents. The contribution will describe a former approach of the state authorities as well as the main resources available to state authorities today. I will reflect on whether they represent good practice and a desirable state of affairs.
Lucie Zatloukalová: The Case Law of the Constitutional Court regarding the Child Care in Comparison with Selected Decisions of General Courts. The contribution deals with the case law of Czech Constitutional Court over child custody (exclusive care, shared custody, joint care) and also over contact with the second parent. The contribution will name some main criteria which are decisive in decision making, for example child’s opinion, stability, relationship to each parent, parental responsibility etc. In the contribution I will also present some decisions of general courts and compare its conclusions with the Constitutional court case law. The contribution will describe partial examples of bad practice.
Petra Kotková: Ombudsman for Children. In July of this year, the Government of the Czech Republic discussed a parliamentary proposal to establish a children’s ombudsman. The Public Defender of Rights, Stanislav Křeček, was critical of the proposal and recommended that the Government reject it. However, despite a number of reservations, the Government eventually adopted a neutral position on the proposal. Does the current initiative represent an unsystematic limitation of the Ombudsman’s functions, as the Ombudsman suggests, or is it, on the contrary, a step in the right direction. The Children’s Ombudsman Bill defines the Children’s Ombudsman as an independent and impartial body that is to act to protect and promote the rights of the child. According to the drafters, this is a human rights obligation arising from a number of international human rights obligations of the Czech Republic, in particular the Convention on the Rights of the Child. The drafters justify the proposal, inter alia, on the grounds that an institution specialised in children’s rights is important given the particular vulnerability of children who are unable to effectively defend their rights. In particular, the Children’s Ombudsman’s remit is to monitor the application of children’s rights, which includes, for example, dealing with complaints made by children to the authorities, visiting places where children are deprived of their personal liberty, promoting equal treatment, monitoring the expulsion of child aliens, monitoring the application of children’s rights, but also, for example, making systemic recommendations, education and awareness-raising. This paper will therefore take a closer look at the draft law, its impact on the legislation in question and the criticism of the current Ombudsman.
