The Right to Family Life The Czech Republic Approach

The Right to Family Life The Czech Republic Approach Presented by: Prof. Dr. Králíčková Date: 23 February 2024 The Legal Concept of Family and Protection - Convention for the protection of human rights and fundamental freedoms charter of fundamental rights and freedoms • - ABGB (1811, 1918), AFL (1949), AF (1963), CC (2012) • - Registered partnership for the same-sex couples No legal regulation • - Marriage: permanent union of a man and a woman RPA (2006) • - Family life in general Couples in de facto unions Family support and benefit acts • Family life in general Marriage - - Personal rights and duties of spouses • To live together • To be faithful to each other • To mutually respect their honor and human dignity • To help each other • To represent each other • To create healthy living environment and background Property rights and duties of spouses • Community property  Assets acquired by spouse during marriage (exceptions  Liabilities incurred by spouses during marriage (exceptions) • Modification by contract • Maintenance • Family dwelling protection • Statutory inheritance • Public law widow's or widower's pension De Facto Unions - PERSONAL RIGHTS AND DUTIES OF COHABITEES • NO to live together, to be faithful to each other, to mutually respect their honour and human dignity, to help each other and to create healthy living environment and background - • NO to decide jointly common matters • NO to represent each other PROPERTY RIGHTS AND DUTIES OF COHABITEES • NO community property only co-ownership with shares towards things • NO maintenance except maintenance towards single mother of new-born child • NO family dwelling protection • limited statutory inheritance • NO public law widow's or widower's pension • SELDOM CONTRACTS! Pending Drafts On Marriage - Conservative • Art. 32/1 CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS  "Parenthood and the family are under the protection of the law." • Amendment:  "Parenthood, the family and marriage as an union of a man and a woman are under the protection of the law." - Progressives? • § 655 CC  "Marriage is a permanent union of a man and a woman formed in a manner provided by this Act." • Amendment  "Marriage is a permanent union of two people ..." New Pending Drafts On Children Progressives? - § 755/3 CC • „If spouses have a minor child who has not yet acquired full legal capacity, the court shall not divorce the marriage until it decides on the situation of the child at the period after the divorce." • The judgment on divorce must be preceded by the decision on children for the post- divorce period by another court (personal custody, maintenance, optionally visiting rights) - Amendment • „If spouses have a minor child who has not yet acquired full legal capacity, the judgment on divorce does not have to be preceded by the decision on the relation to the minors for the post-divorce period" (personal custody, maintenance, optionally visiting rights),,if the married couple has agreed on divorce, its property a dwelling aspects and on post-divorce arrangement on children" (only agreements must be submitted) - § 907/1 CC • „A court may entrust a child to the care of one of the parents or to alternating or joint care; If a child is to be entrusted to joint care, the consent of both parents is required." - Amendment • No „variations" of personal custody  Both the parents are holders of parental responsibility and allowed to exercise the rights and duties Family Support And Benefits - Maternity, paternity and parental leave - Maternity allowance - State social assistance benefits • Income-related benefits which include 1. Child benefit, 2. Housing benefit and 3. Childbirth allowance • Other benefits which include 1. Parental allowance and 2. Funeral allowance • Foster care benefits - Substitute maintenance for children - Pension security • Old-age/retirement pension • Disability pension • Widow's and widower's pension • Orphan's pension - Income tax - To sum up, frequent changes in tax, social security and pension law make this area of public law very opaque, causing considerable problems for families, especially those with many children or at risk of poverty New Family Policy Strategy 2023-2030 - "A favorable social environment and stable conditions respecting freedom of choice support families in their functions and provide space and opportunities for families to fulfil their individual needs and aspirations". - The vision was concretized in the following three points: • (a) valuing the family, promoting its stability and relationships; • (b) a supportive and stable social and economic environment for families and • (c) achieving demographic stability and reducing demographic debt as a result of the extremely low birth rates in the 1990s and at the turn of the millennium. - The Strategy was elaborated into the following five main objectives: • (a) support the importance of family values, increase social prestige and appreciation of the family and strengthen institutional anchor the family policy in the Czech Republic; • (b) develop the environment supportive stable family relationships and strengthen prevention risk phenomena in the family; • (c) promote family reconciliation and work life; • (d) to create a favorable environment for material and financial stability of families and • (e) support families at all stages of life and in specific situations. CONCLUSIONS - Low Marriage Rate vs. Increase Of De Facto Unions - Hight Divorce Rate And Hight Rate Of Singles - Gender Neutral Marriage/Marriage For All De Lege Ferenda? - No Attention To De Facto Unions De Lege Ferenda - Low Fertility, But Increase Of Children Born Out Of Wedlock • Reality Of Baby-Boxes • Reality Of Surrogate Motherhood  and practical problems: Two Men And A Child  (USA, PARENTAL ORDER - public order, civil status of the child: continuity?) - Gender Neutral Parentage De Lege Ferenda? - Co-Parenting - Continuing Parenting De Lege Ferenda