Is a disciplinary slap still legal in the Czech Republic? Until recently, Czech law did not provide an entirely unambiguous answer to these questions. However, an amendment to the Civil Code has removed this uncertainty, clearly defining the line between permissible educational guidance and unacceptable interference with the physical integrity and human dignity of the child.

Why was the boundary between upbringing and violence unclear for so long?

Czech law has long been based on the irreplaceable role of parents in the upbringing of a child, and explicitly recognized that parents "guide the child with educational measures."[1] At the same time, however, it stipulated that these measures must be reasonable under the circumstances, must not endanger the health or development of the child, and must not affect their human dignity.[2]

However, the criterion of "reasonableness" proved problematic in practice. Its interpretation was largely dependent on the specific assessment. What one parent or a portion of society considered reasonable educational guidance could be perceived by another as unacceptable. Consequently, the disciplinary slap was often tolerated in practice, and state intervention generally occurred only when the intensity of the parents' behavior was higher. This makes it even more paradoxical that corporal punishment is explicitly prohibited, for example, in education or employment, and violence is also prosecuted between partners.[3]

International legal standards and case law are based on the premise that physical and psychological punishment of children is contrary to human dignity and cannot be considered justifiable. The Convention on the Rights of the Child imposes an obligation on states to protect children from all forms of physical or mental violence while they are in the care of parents or other persons.[4] Furthermore, the interpretation of the Convention also encompasses a broad concept of mental violence, such as humiliation, intimidation, isolation, or emotional neglect.[5]

Impulse for change in Czech legislation

A fundamental role was played by the decision of the European Committee of Social Rights in the case of Approach v. the Czech Republic in 2015.[6] The Committee concluded that Czech law lacks an explicit and effective ban on corporal punishment of children in the family environment, and that judicial precedent does not compensate for this absence. The decision identified a systemic issue and contributed to the debate that subsequently culminated in the amendment of the Civil Code.

The legal situation today

According to the current wording of the Civil Code, parental responsibility includes caring for the health and physical, emotional, intellectual, and moral development of the child without physical punishment, mental distress, and other degrading measures.[7] The law explicitly states that these specific acts affect the human dignity of the child.[8] The new regulation thus clearly defines that corporal punishment can no longer be considered a legitimate educational parenting tool.

Does this mean the criminalization of parents?

The new regulation does not aim to criminalize parents, but rather to clearly define what can no longer be considered a legitimate educational tool. It contributes to a shift towards non-violent forms of upbringing and clearly defines the boundary between permissible educational guidance and unacceptable interference with the physical integrity and dignity of the child. Parents can therefore continue to use non-violent disciplinary measures, such as restriction on using a mobile phone or going to the cinema, while corporal punishment, including slaps, is unequivocally unacceptable.