Child Advocates to Participate in Sensitive Court Disputes in the Czech Republic

In certain court disputes, child advocates may soon participate in the proceedings, particularly in sensitive cases such as child removal from families and placement in institutional care.

This development comes in response to criticism from the UN Committee on the Rights of the Child in June of this year, which stated that the rights of two siblings, who were removed from their family, were violated, including their right to adequate legal representation.

The establishment of this institute is still in its early stages, confirmed by Eva Decroix, a Member of Parliament for ODS and an advocate. She pointed out the case of the mentioned siblings, where the OSPOD officer, who was supposed to represent the children in the dispute, filed a request for their removal from the family and placement in an institution, raising concerns about impartial representation.

The UN Committee echoed the same opinion, stating that the court had violated the child’s rights and called for appropriate legal representation for children throughout proceedings.

Politicians and advocates are expected to address this issue, with a conference planned for the autumn to discuss the matter further.

Concerns have been raised about the financial feasibility of providing free advocates for children, as potential legal representatives may receive meager amounts from the state, potentially dissuading participation. Additionally, advocates would need knowledge in developmental psychology to effectively represent children.

Klára Laurenčíková, Government Commissioner for Human Rights, emphasized the importance of hearing every child, taking into account their age and maturity level, and ensuring that the court respects the child’s rights, especially from the age of twelve.

Deputy Minister of Justice Antonín Stanislav (ODS) confirmed the intention to establish a larger working group to address children’s issues comprehensively, including the appointment of defense attorneys for minors in criminal proceedings.

This change will cost the state treasury approximately 25 million more per year. Additionally, the government plans to establish the office of a children’s ombudsman, which could also represent children in court in some instances.

The move aims to ensure that children’s rights are protected and that they have appropriate representation in legal proceedings, addressing criticisms and shortcomings in the Czech legal system.

Article by Prague Forum

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