The Ministry of Justice in the Czech Republic has taken a significant step toward promoting positive discipline and safeguarding the rights and dignity of children by proposing an amendment to the Civil Code that would prohibit all forms of corporal punishment of children. While this proposal does not introduce sanctions for parents who violate the ban, it underscores the nation’s commitment to replacing physical punishment with alternative disciplinary measures and protecting children from harm.

Currently, the existing Civil Code in the Czech Republic allows for “reasonable corporal punishment” as an acceptable disciplinary measure. This perspective, however, contradicts European legislation, the European Court of Human Rights case law, and the UN Convention on the Rights of the Child, which all consider any form of physical punishment as incompatible with human dignity.

The proposed amendment aims to rectify this by revising the current wording to ensure that disciplinary measures are proportionate to the circumstances, do not jeopardize a child’s health or development, and do not infringe upon a child’s human dignity. It also highlights that parental responsibility encompasses a range of obligations and rights related to a child’s care, including their physical, emotional, intellectual, and moral development, all to be nurtured without resorting to physical punishment, mental suffering, or other degrading measures.

By proposing this amendment, the Ministry of Justice aligns the Czech Republic with other European nations that have already enacted legislation explicitly prohibiting all forms of physical punishment of children. Notably, the Czech Republic, along with Slovakia, Belgium, and Italy, currently lacks clear legal provisions on the prohibition and unacceptability of corporal punishment of children, despite the recommendations from the European Committee of Social Rights and the UN Committee on the Rights of the Child.

Numerous studies have highlighted that physical punishment yields no long-term positive effects and instead poses various risks, including psychological issues, low self-esteem, and an increased likelihood of aggressive behavior in close relationships for those who have experienced it during childhood. Moreover, physical punishment fails to effectively nurture children, offering only short-term results while imparting the message that physical violence is an acceptable means of problem-solving.

The proposed amendment, if implemented, has the potential to bring about a significant shift in Czech society by reducing levels of violence and aggression. The Ministry of Justice anticipates that declaring the unacceptability of physical punishment will contribute to this positive change. The proposal has been submitted for interdepartmental review and consultation.

Promoting alternative methods of discipline that respect children’s human rights and dignity is crucial for their overall well-being and development. By outlawing corporal punishment, the Czech Republic can take a substantial step toward creating a safer and more nurturing environment for its children, fostering their growth in an atmosphere of respect and understanding.

Article by Prague Forum