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Tělesné tresty nově zakázány

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Key takeaways

  • Corporal punishment will be explicitly prohibited as of January 2026. The legislative amendment clearly classifies physical and humiliating punishment as conduct incompatible with the exercise of parental responsibility, alongside abuse or intimidation of a child.
  • This is not about criminalizing parenting, but about clearly defining boundaries. The law does not aim to penalize every raised voice but emphasizes that physical and humiliating methods have no place in child-rearing and that parents must seek alternative approaches.
  • Repeated corporal punishment may lead to the restriction of parental care. In guardianship proceedings, a parent's scope of care for a child may be limited, or in extreme cases, the exercise of parental responsibility may be suspended or fully terminated.
  • Judicial intervention depends on the intensity and frequency of the inappropriate conduct. A decision to restrict care will always be assessed based on the specific circumstances, the child's age and needs, and the court will only intervene as a last resort to protect the child.

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What exactly does the amendment say?

Corporal punishment is thus explicitly classified as conduct incompatible with the exercise of parental responsibility – similar to physical or psychological abuse, manipulation, or intimidation of a child.

This is not about criminalizing parenting, but about setting a boundary

The new wording of the law does not mean that every parent will be automatically sanctioned for raising their voice or holding a child more firmly. The purpose is not to suppress parental authority, but to highlight the boundary between upbringing and violence.

The law does not address criminal liability – that remains the subject of other legal regulations. The amendment is more preventive and value-based in nature: it makes it clear that physical or humiliating methods have no place in parenting and that a parent is obliged to find other ways to guide their child.

Consequences for parental responsibility

Although the amendment does not have a direct sanctioning regime, the use of unacceptable parenting methods can have consequences in guardianship proceedings. If it is proven that a parent repeatedly corporally punishes, humiliates, or otherwise causes mental harm to a child, the following may occur:

  • the scope of their care for the child may be limited,

  • and in extreme cases, the exercise of parental responsibility may be suspended or the parent may be completely deprived of this responsibility.

The decision to limit care will always depend on the specific circumstances – the intensity and frequency of the inappropriate behaviour, the child's age and needs, and the overall context of the situation. A court will intervene only when it is necessary to protect the child and the situation cannot be resolved by milder means.

Frequently asked questions about court intervention in parental responsibility

1. When will a court limit parental responsibility?

When a parent does not exercise their parental responsibility properly and the interests of the child so require; the court also determines the scope of the limitation (Section 870). Repeated corporal punishment or humiliation of a child may be such a reason, but the assessment always depends on the intensity, frequency and overall situation.

2. When may the exercise of parental responsibility be suspended?

When it is in the interests of the child and the exercise of parental responsibility threatens to disrupt the child's emotional or psychological development in a way that cannot be averted otherwise (Section 869(2)). The duty to pay maintenance for the child does not cease as a result.

3. When may a court deprive a parent of parental responsibility?

If a parent abuses their parental responsibility or seriously neglects it (Section 871(1)). If a parent has committed an intentional criminal offence against the child, the court assesses the grounds for deprivation separately.
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Violence-free parenting as a basic norm

The amendment moves Czech law towards the European standard, where violence-free parenting is not just a recommendation but a legal requirement. The ban on corporal punishment is now a common part of the legal systems of most member states of the Council of Europe, and with this step, the Czech Republic joins the countries that emphasize respect for the child as an independent human being.

The change is not only legal but also symbolic and preventive – clearly defining what is no longer acceptable influences the approach of families, schools, and social services.

Summary

From January 2026, the law will explicitly prohibit corporal and humiliating punishment in parenting. Parents and other caregivers will have a clear legal boundary beyond which it is no longer possible to speak of "parenting" – but of inappropriate treatment of a child.

The amendment does not weaken parental authority in any way, but rather shifts it from physical punishment to responsible guidance, consistency, and mutual respect. Violation of these rules will not be automatically punished, but it may be a reason for intervention in the exercise of parental responsibility if the child is being harmed.

The law thus not only protects the child but also promotes a modern approach to parenting based on dialogue, respect, and safety.

Frequently asked questions about the ban on corporal punishment

1. Since when has corporal punishment been explicitly prohibited?

Since 1 January 2026, when the amendment to the Civil Code took effect. Since then, the law has explicitly stated that corporal punishment affects the human dignity of the child (Section 884(2)).

2. Which parenting methods does the law permit?

Only those that are appropriate to the circumstances, do not endanger the child's health or development and do not affect the child's human dignity. According to the law, corporal punishment, causing mental suffering and other humiliating measures affect dignity.

3. Will a parent be punished for every raised voice or firmer hold of a child?

No. The law assesses whether a parenting method is appropriate to the circumstances and does not affect the child's dignity, not every single intervention. Criminal liability is governed by other regulations.

4. Why did the amendment explicitly address corporal punishment?

It has mainly a preventive and value-based significance: it clearly defines the boundary between upbringing and violence. The Czech Republic has thus joined most member states of the Council of Europe, whose laws commonly prohibit corporal punishment.

Next steps

Every situation is different and the right approach depends on the details. Tell us what you are dealing with – an ARROWS specialist will get back to you within 24 hours, assess your situation and propose the next steps.

About the author

Mgr. Vendula Růžková, LL.M., MBA
Mgr. Vendula Růžková, LL.M., MBA

Associate

Mgr. Vendula Růžková, LL.M., MBA is an experienced attorney at ARROWS, specializing in commercial and civil litigation. Her focus lies in procedural law and the development of litigation strategies aimed at achieving concrete results and protecting clients’ business interests. She also practises family law and inheritance law, in particular divorces, arrangements for minor children, child maintenance and the protection of family assets from the risks of business activity.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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