Publication details
Children Participation in Czech Judicial Family Law Practice
| Authors | |
|---|---|
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | UN Committee on the Rights of the Child recommended Czechia in 2011 to introduce a comprehensive legal provision establishing the right of the child to participate that would apply to courts, administrative bodies, institutions, schools, childcare institutions and families in matters affecting children. The Committee also recommended adopting adequate measures and mechanisms to safeguard and ensure such participation can be carried out effectively. Since 2011 many changes have been introduced into the national legislation, but to some degree, children’s participation in judicial proceedings remains bleak. The paper summarizes changes in the last ten years, focusing on the Czech Constitutional Court case law’s role in a child’s right to participate in a judicial proceeding. Three levels of participation are explored – the right to information, the right to communicate the views which must be given due weight by the court and the right to consent to specific actions. Those three levels are implemented to a different degree in areas like filiation, adoption, child custody and contact, interference with physical integrity and change of name. |
| Related projects: |