Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, penal institutions and alternative care settings.

There appears to be no defence in law for the use of corporal punishment by parents and other adults (information unconfirmed), but laws against violence and abuse are not interpreted as prohibiting all corporal punishment. The near universal acceptance of corporal punishment in childrearing necessitates a clear statement in law that all forms of corporal punishment and other cruel and degrading treatment are unacceptable, however light, whatever the relationship between the child and adult, and whatever the setting.

Explicit prohibition should be enacted of corporal punishment in all schools, public and private, all institutions accommodating children in conflict with the law and in all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Article 31(2) of the Family Act (1963) states that in caring for children, parents “may use adequate upbringing measures so that the child’s dignity is not violated and his or her health, emotional, intellectual and moral development are not endangered”, but neither this nor provisions against violence and abuse in the Act on Social and Legal Protection of Children (amended 2002), the Charter on Fundamental Rights and Freedoms (1992), the Act on Misdemeanours (1990), the Criminal Code (2009), the Constitution (1992) and the Domestic Violence Law (2006) are interpreted as prohibiting all corporal punishment in childrearing.

The Government confirmed its commitment to enacting prohibition in a letter from Prime Minister Mirek Topolánek to the Council of Europe Commissioner for Human Rights, Mr Thomas Hammarberg, in September 2007. In September 2008, the Minster for Human Rights and National Minorities signed the Council of Europe’s petition against all corporal punishment of children, and in the state party report to the Committee on the Rights of the Child in November 2008, the Government stated that it was considering enacting explicit prohibition. But in May 2011, a new Civil Code was under discussion which would not explicitly prohibit corporal punishment. While acknowledging the lack of explicit prohibition of corporal punishment in national legislation, the Government confirmed that the Ministry of Justice, coordinator of the new Civil Code, “is not taking any new steps in the prohibition of corporal punishment” (Written replies by the Government of the Czech Republic to the list of issues (Committee on the Rights of the Child) (2011)).

Schools

Corporal punishment in schools is unlawful under article 31 of the Education Act, which states that “specially rude verbal or intentional physical assault of a pupil or student” is “a serious wilful violation of duties”. The Education Act and the Act on execution of institutional upbringing or protective upbringing at school facilities and on preventive upbringing care at school facilities, do not include corporal punishment among permitted disciplinary measures.

Penal system

Corporal punishment was abolished as a sentence for crime by 1867. It is not a permitted sanction under the Criminal Code and the Juvenile Justice Act No. 218/2003.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions but there is no explicit prohibition. There is no provision for corporal punishment in the Imprisonment Act (1999).

Alternative care

Corporal punishment is lawful in alternative care settings. There is no provision for it in the Act on execution of institutional upbringing or protective upbringing at school facilities and on preventive upbringing care at school facilities, but it is not explicitly prohibited.

Prevalence research

As part of a Government-sponsored campaign on violence against children in 2009, research was undertaken into public tolerance of corporal punishment of children. Almost half (49.9%) of those surveyed felt that corporal punishment may be necessary in some situations; a quarter (24.8%) were in favour of smacking or slapping children as part of their upbringing and did not view this as corporal punishment; 11% expressed a strong belief in the use of corporal punishment in childrearing. Only 8.3% were not in favour of corporal punishment and said they would never use it. (Reported in Government’s written replies to the List of Issues of the Committee on the Rights of the Child, 10 May 2011, CRC/C/CZE/Q/3-4/Add.1)

A poll in April 2007 conducted by the Median agency for the daily Lidove noviny found that three fifths were against a law banning corporal punishment of children. Nearly three out of four (71.5%) reported having been beaten in childhood, and 25% of parents admitted to using it on their children occasionally or regularly; only 31% said they had never beaten their children. (Reported in Ceske Noviny, 8 April 2008)

A 2006 public opinion poll by Median agency for the daily Mladá fronta Dnes found that 25% of the 636 respondents supported the use of corporal punishment in schools, more commonly among respondents aged 45-50 years than among those with school aged children. (Reported in The Prague Post, 20 June 2007)

Studies carried out in 1994 and 2004 showed a high prevalence of corporal punishment by parents. One thousand 10-year-olds were questioned in each study. In 1994, 90% had experienced some kind of corporal punishment at home; in 2004, 86% had. In 1994, a third of the children had been hit with an object, hit on a sensitive part of their body, or hit in a way that left visible marks. In 2004, a quarter of children had experienced this. (Reported by Child Abuse and Neglect in Eastern Europe, 24 May 2007, www.canee.net/czech_republic/)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee is concerned that there is no legislation explicitly prohibiting corporal punishment, and that it is practised in the family, in schools and in other public institutions, including alternative care contexts.

“The Committee recommends that the State party take action to address ill-treatment and abuse committed against children in the family, in schools, in the streets, in institutions and in places of detention through, inter alia:

f) Taking all necessary steps to enact legislation prohibiting the use of corporal punishment in schools, institutions, in the family and in any other context;

g) Making use of legislative and administrative measures, as well as public education initiatives to end the use of corporal punishment and ensuring this is adhered to….

i) Taking into account the Committee’s recommendations adopted at its day of general discussion on ‘Violence against children within the family and in schools’ (CRC/C/111).”
(18 March 2003, CRC/C/15/Add.201, Concluding observations on second report, paras. 40 and 41)

“The Committee is concerned that corporal punishment is still used by parents and that internal school regulations do not contain provisions explicitly prohibiting corporal punishment, in conformity with articles 3, 19 and 28 of the Convention....

“The Committee recommends that further measures to protect children from abuse and maltreatment be undertaken, in particular through the development of a widespread public information campaign for the prevention of corporal punishment at home, at school, and in other institutions.”
(27 October 1997, CRC/C/15/Add.81, Concluding observations on initial report, paras. 18 and 35)

European Committee of Social Rights

“The Committee recalls that Article 17 of the Charter requires a prohibition in legislation against any form of violence against children, whether at school, in other institutions, in their home or elsewhere. It considers that this prohibition in legislation must be combined with adequate sanctions in penal or civil law.

“The report states that under the amended Families Act (1998), parents have the right to use reasonable correctional means that do not affect the child’s dignity nor endanger the child’s health, or his physical, emotional, intellectual, and moral development. The Committee notes that this provision does not explicitly prohibit the corporal punishment of children within the family. It notes from another source that there is no legislation explicitly prohibiting corporal punishment, and that it is practised in the family, in schools and in other public institutions, including alternative care contexts. The Committee therefore considers that since there is no explicit prohibition in legislation of corporal punishment in the home, in schools and in other institutions, the situation cannot be considered to be in conformity with Article 17 of the Charter on this point.

“The Committee furthermore notes from the report that the Notification of the Ministry of Education, Youth and Sport No. 291/1991 Coll., on elementary school, regulates the correctional and educational measures which the school may use, i.e. praise and other rewards and measures to improve discipline (warnings and reprimands). It asks what other legislative and administrative measures, as well as public education initiatives are used to end the use of corporal punishment.

…

“The Committee concludes that the situation in the Czech Republic is not in conformity with Article 17 of the Charter on the ground that there is no explicit prohibition in legislation of corporal punishment in the home, in schools and in other institutions.”
(July 2005, Conclusions XVII-2)

“As regards the corporal punishment of children the Committee wishes to know whether legislation prohibits the corporal punishment of children in schools, in institutions, in the home, or elsewhere….

“Pending receipt of the information requested the Committee defers its conclusion.”
(2003, Conclusions XVI-2, page 173)

Universal Periodic Review

The Czech Republic was examined under the Universal Periodic Review process in 2008. No recommendations were made concerning corporal punishment of children.