In a significant step towards addressing the pervasive issue of domestic violence, the government’s human rights commissioner, Klara Simackova Laurencikova, presented a new bill that seeks to establish a consistent and comprehensive approach to supporting domestic violence victims. The draft legislation, unveiled recently, is designed to ensure collaboration and coordination among the courts, police, and child social and legal protection authorities in handling cases of domestic violence.

One of the key elements of the bill is the introduction of a formal definition of domestic violence, which has been lacking in Czech legislation until now. Simackova Laurencikova emphasized that this clear definition would play a crucial role in guiding legal processes and identifying victims of domestic violence. The proposed legislation describes domestic violence as any conduct that unjustifiably infringes upon or is likely to infringe upon a person’s mental or physical integrity, freedom, and dignity. It encompasses various forms of abuse, including sexual, psychological, and economic, as well as the abuse of power and the interference with victims’ basic needs.

The absence of a standardized definition has led to inconsistent interpretations and responses from key institutions such as the police, courts, and social services. Simackova Laurencikova highlighted the need for a unified understanding of domestic violence to ensure timely and appropriate assistance for victims.

Moreover, the bill includes provisions for amendments to the Civil Code, focusing on child custody and the division of joint property in divorce cases involving domestic violence. Courts will be required to consider the potential for domestic violence when making decisions in these matters. Additionally, the bill prohibits mediation in divorce proceedings involving domestic violence, recognizing the inherent power imbalance and the need to protect victims.

The draft legislation also addresses the role of child social and legal protection authorities, requiring their staff to propose the appointment of a proxy in criminal proceedings where a child is the victim of a crime. This measure aims to provide additional support and representation for child victims.

Furthermore, the bill introduces changes to the law on police, extending the period of eviction from a common household in cases of domestic violence from 10 to 14 days. Additionally, it imposes an obligation on the police to confiscate firearms from the evicted individuals, prioritizing the safety of victims.

By comprehensively addressing the various aspects of domestic violence and establishing a cohesive framework for intervention, the proposed bill seeks to provide stronger protection and support to victims. If passed, it is expected to come into effect in July 2024, marking a significant milestone in combating domestic violence and safeguarding the well-being and rights of those affected.

Article by Prague Forum