The Committee on the Rights of the Child today concluded its consideration of the combined fifth and sixth periodic report of the Czech Republic under the Convention on the Rights of the Child. Several issues related to the Czech Republic's National Strategy for the Protection of Children's Rights were flagged, especially in relation to broader harmonisation and obstacles to legal reform, with Committee Experts also expressing concerns about investigations of child sexual abuse cases and institutionalisation.
Committee Experts welcomed the new information on legislation in the Czech Republic's opening statement, especially around the National Strategy for the Protection of Children's Rights. In the last concluding observations, the Committee had recommended a comprehensive review of all legislation related to children, in a bid to improve harmonisation - had an attempt at harmonisation been made? Sources had indicated that there was some confusion and disagreement over the National Strategy. Did constant debates between the three key ministries prevent proper coordination? Were major objectives that were not achieved in the last strategy part of the new one - in particular regarding childcare and protection reform? The Government bill to establish the Ombudsman for children had failed. It was important to understand the obstacles in this area.
An extremely low number of child sexual abuse cases had been investigated, which was paradoxical when compared to the fact that academic research showed that one in three girls and one in seven boys reported instances of sexual abuse. The country seemed to be in denial. Was there reporting on child sexual abuse, including child-friendly mechanisms, as well as any awareness campaigns for the population seeking to break the country out of this denial? Were any measures being taken to ensure that relevant agencies did not traumatise child victims? Were there medical professions trained in helping children disclose historical instances of abuse?
What concrete steps had the Czech Republic taken to end the institutionalisation of children? Was there a national plan on de-institutionalisation? New legislation meant that infant care centres would cease to exist and that children under the age of three would no longer be institutionalised. A Committee Expert congratulated the Czech Republic on this new law and asked the delegation to provide clarification on how fast it would be implemented, and whether it would also apply to Roma children. Disability and poverty could not be a reason for institutional placement. Did the Czech Republic had a strategy to ensure effective gatekeeping for out-of-home placement? How was it promoting the return of children to their families?
Helena Válková, Governmental Commissioner for Human Rights, Office of the Government of the Czech Republic, stated that the Czech Republic had made great progress in the last decade, noting that her statement would primarily cover the improvements made in the last year and a half. One of the main achievements in improving the fragmented child protection system was the new Strategy for the Protection of Children's Rights 2021 to 2029, which was adopted by the Czech Government in December 2020 and was followed by an Action Plan for its implementation during the first half of its term, therefore in force from 2021 to 2024. The strategy and action plan determined a strategic framework and a base for cooperation within the fragmented system of care for vulnerable children through multidisciplinary working groups. Further achievement could be seen in the ongoing legal procedure connected to the amendment of the Act on the Social and Legal Protection of Children.
The delegation noted that the new National Strategy for the Protection of Children's Rights that was approved last year was based on the unfulfilled goals of the previous strategy. New measures and terms of cooperation were being used to make it easier to implement the new strategy, based on an evaluation of the old strategy. The National Strategy was created in cooperation with a wide representation of professionals, children's groups, families and a wide range of civil society organizations, including an umbrella institution representing over 80 non-governmental organizations. This was specifically done with the knowledge that the old methods were not working. The law on the Ombudsman for children had been drafted and introduced to the Lower Chamber. The public was aware of the importance of having an Ombudsman for children and everything was in progress.
The identification of children in danger of being abused, or those already victims of sexual abuse, was the field of social work. The Czech Children Rights Committee together with other ministries was working on creating "identification cards" to allow teachers, social workers and different professionals working with children to better identify signs of sexual abuse in children. In cases where abuse was not proved, the authorities still monitored the children and their families. Ministries were involved in training programmes to create host centres, where children victims could be cared for rather than being "moved through the system". Risk factors leading to child abuse and neglect were also being defined.
The Czech Republic had made important steps on institutionalisation in recent years. An amendment to the social and legal protection law that had changed the age limit of institutionalisation was being discussed in Parliament and should be decided on this week. For the last 10 to 15 years, the Czech Republic had been pursuing a long-term effort to draw a unified Act on Children because the issue of institutionalisation was central to this unification, but so far Governments had not accepted such an Act. Multiple amendments, however, had been able to significantly lower the number of new children under three sent to institutions.
In concluding remarks, Faith Marshall-Harris, Committee Vice-Chairperson and Rapporteur for the Czech Republic, noted that the Czech Republic was attempting a variety of solutions, but hoped the delegation would pay closer attention to the critical issues.
Helena Válková, Governmental Commissioner for Human Rights, Office of the Government of the Czech Republic, thanked the Committee for the dialogue and for the attention and analysis they afforded to the situation in the country.
Mikiko Otani, Committee Chairperson, expressed hope that this dialogue would help the more effective implementation of the Convention in the Czech Republic.
The delegation of the Czech Republic consisted of representatives of the Office of the Government, Ministry of Labour and Social Affairs, Ministry of Justice, Ministry of Health, Ministry of Education, Youth and Sports, Ministry of the Interior, Ministry of Regional Development, Ministry of Foreign Affairs, and the Permanent Mission of the Czech Republic in Geneva.
The Committee will next meet in public on Monday, 13 September at 3 p.m., to consider the combined fifth and sixth periodic report of Poland (CRC/C/POL/5-6).
Report
The Committee has before it the combined fifth and sixth periodic report of the Czech Republic (CRC/C/CZE/5-6).
Presentation of the Report
HELENA VÁLKOVÁ, Governmental Commissioner for Human Rights, Office of the Government of the Czech Republic, stated that the Czech Republic had made great progress over the previous decade, noting that her statement would primarily cover the improvements made in the last year and a half. One of the main achievements in improving the fragmented child protection system was the new Strategy for the Protection of Children's Rights 2021 to 2029, which had been adopted by the Czech Government in December 2020 and had been followed by an Action Plan for its implementation during the first half of its term, therefore in force from 2021 to 2024. The strategy and action plan determined a strategic framework and a base for cooperation within the fragmented system of care for vulnerable children through multidisciplinary working groups. Further achievements could be seen in the ongoing legal procedure connected to the amendment of the Act on the Social and Legal Protection of Children. Above all, the current amendment included the regulation of an age limit of three years for the placement of a child in institutional care.
Just the previous week, the Constitutional Court had revoked a disposition of the Law on Material Deprivation which allowed the practice of supplement-free zones. The new draft law to establish an Ombudsman for children would be discussed by the Lower Chamber after the October elections - until that time, most competences were already partially covered by the Public Defender of Rights. The implementation of children's rights in the Czech Republic was also monitored by the Committee of the Government on the Rights of the Child. The Annex to the Framework Education Programme for Primary Education governing the education of "mentally challenged" pupils had been abolished and incorporated into the inclusive curriculum in 2016. From September 2021, a new system for the organization and financing of language preparation for foreign children was being put in place. Moreover, the Criminal Code had been amended to establish a new crime that criminalised participation in sexual practices with children older than 15 years when an offender was aware that a remuneration or another benefit had been promised to the child.
Questions by Committee Experts
FAITH MARSHALL-HARRIS, Committee Vice-Chairperson and Coordinator of the Task Force for the Czech Republic, welcomed the new information on legislation in the statement, especially around the National Strategy for the Protection of Children's Rights. In the last concluding observations, the Committee had recommended a comprehensive review of all legislation related to children, in a bid to improve harmonisation - had such an attempt at harmonisation been made? What was the status of the draft legislation on social housing?
Did the legislation define the "best interests of the child"? There seemed to be room for interpretation. In the Czech Republic's Constitution, was the Convention directly incorporated in the charter of fundamental rights?
A Committee expert stated that the same issues remained in the third cycle after the initial report: it seemed that the Governments of Czechia were not willing to enter into an open debate as to why the Committee's recommendations were not taken into account. Sources had indicated that there was some confusion and disagreement over the National Strategy. Did constant debates between the three key ministries prevent proper coordination? Were major objectives that had not been achieved in the last strategy part of the new one - in particular regarding childcare and protection reform? The Government bill to establish the Ombudsman for children had failed - why could an agreement not be reached for such a long time? It was important to understand the obstacles in that area.
