Czech Republic

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in the Czech Republic are found in the 2012 Civil Code, which addresses a marriage concluded under duress, due to threats, violence, or error regarding the identity of the spouse or the nature of the juridical act at Article 684. Provisions related to forced marriage in the Czech Republic are also found in the 1963 Family Code, which addresses forced marriage through physical violence at Article 7. Article 15s also addresses marriages concluded due to unlawful threats, mistaken identity of one of the parties or mistakes regarding the nature of the legal act of marriage.

Consent to marriage

Provisions requiring consent to marriage in Czecg republic are found in the Family Code, article 3 of which states that marriage is contracted by the free and unconditional concerted declaration by a man and a woman that they agree to marry, made before a Municipal Office authorised to maintain registries or before an authority that performs this function, (hereinafter the “”Registry Office””) or before a church body or religious society entitled thereto by special licence. Article 684(1) of the Civil Code further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.

Servile marriage

There appears to be no legislation in the Czech Republic that prohibits servile matrimonial transactions.

Marriage trafficking

There appears to be no legislation in Czech Republic that prohibits marriage trafficking.

Minimum age for marriage

The minimum age for marriage in the Czech Republic is 18, without differentiation by gender, as set out on Article 672 of the 2012 Civil Code. However, marriages below this age are permitted in exceptional circumstances for good cause, as set out on Section 13 of the 1963 Family Code. These exceptions are not differentiated by gender, and allow marriages as early as 16. Where marriages are conducted involving a person below 16, the marriage shall not exist, as set out on Article 7a of the 1975 Family Code.

Region

Eastern Europe

Regional Court

European Court of Human Rights

Legal System

Civil

International Instruments

1926 Slavery Convention
22 February 1993
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
22 February 1993
1966 ICCPR
22 February 1993
1930 Forced Labour Convention
01 January 1993
2014 Protocol to the 1930 Forced Labour Convention
09 June 2016
1957 Abolition of Forced Labour Convention
06 August 1996
1999 Worst Forms of Child Labour Convention
19 June 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
17 December 2014
1998 Rome Statute of the ICC
21 July 2009
1956 Supplementary Slavery Convention
22 February 1993
1966 ICCPR
22 February 1993
1966 Optional Protocol to the ICCPR
22 February 1993
1966 ICESCR
22 February 1993
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
22 February 1993
1957 Convention on the Nationality of Married Women
22 February 1993
1989 Convention on the Rights of the Child
22 February 1993
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
26 August 2013
2011 Optional Protocol to the CRC on a communications procedure
02 December 2015
1979 Convention on the Elimination of All Forms of Discrimination against Women
22 February 1993
1999 Optional Protocol to CEDAW
26 February 2001
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
17 December 2014
1998 Rome Statute of the ICC
21 July 2009
1999 Worst Forms of Child Labour Convention
19 June 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • European Court of Human Rights
  • Organanisation for Economic Cooperation and Development
  • Organisation for Security and Cooperation in Europe
  • European Union
  • Council of Europe

Legislative Provisions

CONSTITUTION OF THE CZECH REPUBLIC 1993 (REV. 2013) CHARTER OF FUNDAMENTAL RIGHTS AND BASIC FREEDOMS

Article 1 

All people are free, have equal dignity, and enjoy equality of rights. Their fundamental rights and basic freedoms are inherent, inalienable, non-prescriptible, and not subject to repeal. 

Article 5 

Everyone has the capacity to possess rights. 

Article 8 

  1. Personal liberty is guaranteed.
  2. No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty merely on the grounds of inability to fulfill a contractual obligation.
  3. A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained shall promptly be informed of the grounds for the detention, questioned, and within [twenty-four] hours at the latest, either released or turned over to a court. A judge must question the detained person and decide, within twenty-four hours of receiving him, whether the person shall be placed in custody or released.
  4. A person accused of a criminal act may be arrested only on the basis of a warrant issued by a judge in writing and stating the reasons for the arrest. The arrested person shall be turned over to a court within twenty-four hours. A judge shall question the arrested person and decide, within twenty-four hours, whether the person shall be placed or released.
  5. A person may be placed in custody only on the grounds and for the length of time laid down in a law, and only on the basis of a judicial decision.
  6. The law shall specify the cases in which a person may be committed to or kept in a medical institution without her consent. A court must be notified within twenty-four hours that such a measure has been taken, and it shall decide within seven days whether the placement was proper.

Article 9 

  1. No one may be subjected to forced labor or service.
  2. The provision of paragraph 1 shall not apply to:

a.labor imposed in accordance with law upon persons serving a prison sentence or upon persons serving other penalties that take the place of the penalty of imprisonment, 

b.military service or some other service provided for by law in place of compulsory military service, 

c.service required on the basis of law in the event of natural disasters, accidents, or other danger threatening human life, health, or property of significant value, 

d.conduct imposed by law for the protection of life, health, or the rights of others. 

Article 28 

Employees have the right to fair remuneration for their work and to satisfactory work conditions. Detailed provisions shall be set by law

Constitution of the Czech Republic 1993 (revised 2013) (PDF)

CRIMINAL CODE

Criminal Offences Connected to Illicit Disposal with Human Tissues and Organs, Human Embryo and Human Genome 

Section 164 Unauthorised Extraction of Tissues and Organs 

(1) Whoever performs extraction of tissue, cell or organ from body of another contrary to other legal regulations, shall be sentenced to imprisonment for two to eight years. 

(2) The same sentence shall be imposed to a anyone who contrary to other legal regulations for him-/herself or for another obtains, mediates, offers, imports, exports or transits human tissue, cell or organ withdrawn from the body of a living human, or in other ways disposes with such tissue, cell or organ. 

(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property, if he/she 

  1. a) commits the act referred to in Sub-section (1) or (2) on a child,
  2. b) commits such an act with the use of violence, threat of violence or threat of another grievous injury,
  3. c) commits such an act while abusing distress, addiction or  dependency of another,
  4. d) commits such an act on at least two persons,
  5. e) commits such an act repeatedly,
  6. f) commits such an act as a member of an organised group,
  7. g) causes grievous bodily harm by such an act, or
  8. h) gains substantial profit for him-//herself or for another by such an act.

(4) An offender shall be sentenced to imprisonment for eight to sixteen years or to confiscation of property, if he/she 

  1. a) commits the act referred to in Sub-section (1) or (2) on a child under 15 years or age,
  2. b) commits such an act in connection to an organised group active in several states,
  3. c) causes death by such an act, or
  4. d) gains for him-/herself or for another extensive profit by such an act.

(5) Preparation is criminal. 

Section 168 Trafficking in Human Beings 

(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, or consigns a child to be used by another for 

  1. a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works,
  2. b) extraction of tissue, cell, or organs from his/her body,
  3. c) service in the armed forces,
  4. d) slavery or servitude, or
  5. e) forced labour or other forms of exploitation, or who profits on such a conduct,

shall be sentenced to imprisonment for two to ten years. 

(2) The same sentence shall be imposed to anyone who forces, procures, hires, incites, entices, transports, hides, detains, or consigns a person other than referred to in Sub-section (1) by 

using violence, threat of violence or other grievous harm or deceit, or by abusing his/her error, distress, or addiction in order to use him/her for 

  1. a) sexual intercourse or other forms of sexual abuse or harassment, or for the production

of pornographic works, 

  1. b) extraction of tissue, cell, or organs from their body,
  2. c) service in the armed forces,
  3. d) slavery or servitude, or
  4. e) forced labour or other forms of exploitation, or who profits on such conduct.

(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she 

  1. a) commits then act referred to in Sub-section (1) or (2) as a member of an organised group,
  2. b) exposes another person to a risk of grievous bodily harm or death by such an act,
  3. c) commits such an act with the intention to gain a substantial profit for him-/herself or for another, or
  4. d) commits such an act with the intention to use another person for prostitution.

(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation of property if he/she 

  1. a) causes grievous bodily harm by the act referred to in Sub-section (1) or (2),
  2. b) commits such an act with the intention to gain extensive profit for him-/herself or for another, or
  3. c) commits such an act in connection to an organised group operating in several states.

 (5) An offender shall be sentenced to imprisonment for ten to eighteen years or to confiscation of property, if he/she causes death by the act referred to in Sub-section (1) or (2). 

(6) Preparation is criminal. 

Section 169 Entrusting a Child to Another Person 

1) Whoever entrusts for a consideration a child to another person for the purpose of adoption or for another similar purpose, shall be sentenced to imprisonment for up to three years or to prohibition of activity. 

(2) An offender shall be sentenced to imprisonment for two to eight years or to confiscation of property, if he/she 

  1. a) commits the act referred to in Sub-section (1) as a member of an organised group,
  2. b) causes grievous bodily harm by such an act,
  3. c) commits an such act repeatedly, or
  4. d) commits such an act with the intention to gain substantial profit for him-/herself or for another by such an act.

(3) An offender shall be sentenced to imprisonment for three to ten years or to confiscation of property, if he/she 

  1. a) causes death by the act referred to in Sub-section (1),
  2. b) commits such an act with the intention to gain extensive profit for him-/herself or for another by such an act, or
  3. c) commits such an act in connection with an organised group operating in several states.

Section 170 Illegal Confinement 

(1) Whoever without authorisation imprisons or otherwise confines another person, shall be sentenced to imprisonment for two to eight years. 

(2) An offender shall be sentenced to imprisonment for five to twelve years, if he/she 

  1. a) commits the act referred to in Sub-section (1) as a member of an organised group,
  2. b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
  3. c) causes physical or mental suffering by such an act,
  4. d) causes grievous bodily harm by such an act, or
  5. e) commits such an act with the intention to gain substantial profit for him-/herself or for another.

(3) An offender shall be sentenced to imprisonment for eight to sixteen years, if he/she 

  1. a) causes death by the act referred to in Sub-section (1) , or
  2. b) commits such an act with the intention to gain extensive profit for him-/herself or for another

(4) Preparation is criminal. 

Section 171 Illegal Restraint 

(1) Whoever restrains another from enjoying personal freedom, shall be sentenced to imprisonment for up to two years. 

(2) An offender shall be sentenced to imprisonment for up to three years, if he/she commits the act referred to in Sub-section (1) with the intent to facilitate another criminal offence. 

(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she 

  1. a) commits the act referred to in Sub-section (1) as a member of an organised group
  2. b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
  3. c) causes physical or mental suffering by such an act,
  4. d) causes grievous bodily harm by such an act, or
  5. e) commits such an act with the intention to gain substantial profit for him-/herself or for another.

(4) An offender shall be sentenced to imprisonment for three to ten years if he/she 

  1. a) causes death by the act referred to in Sub-section (1), or
  2. b) commits such an act with the intent to gain extensive profit for him-/herself or for another.

Section 401 Crimes against Humanity 

(1) Whoever commits within an extensive and systematic attack aimed against civilians 

  1. a) extermination of people,
  2. b) enslavement,
  3. c) deportation or forced transfer of a group of civilians,
  4. d) rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilisation or other forms of sexual violence,
  5. e) persecution of a group of civilians on political, race, national, ethnic, cultural or religious grounds, on sex or another similar grounds,
  6. f) apartheid or another similar segregation or discrimination,
  7. g) illegal restraint, kidnapping to an unknown location or any other restriction of personal freedom with following involuntary disappearance of persons,
  8. h) torture,
  9. i) murder, or
  10. j) another inhumane act of similar nature,

shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment. 

(2) Preparation is criminal. 

Criminal Code (PDF)

CIVIL CODE

Section 30 Age of majority

(1) An individual acquires full legal capacity upon reaching the age of majority. The age of majority is reached upon reaching eighteen years of age.

(2) Before reaching the age of majority, full legal capacity is acquired by being granted legal capacity or by entering into marriage. Legal capacity acquired by entering into marriage is not terminated upon termination or invalidation of marriage.

 

Section 646

Between spouses, a limitation period neither commences nor runs while the marriage lasts. This applies, by analogy, to mutual rights of persons living in a common household, a person represented and his legal representative, a ward and his guardian and a person under tutorship and his tutor.

 

Section 656

(1) Marriage is formed by free and full affirmative expressions of will by a man and woman (hereinafter “fiancés”) having an intention to enter into marriage.

(2) A wedding ceremony is public and festive; it is held in the presence of two witnesses.

 

Section 672

(1) Marriage may not be entered into by a minor lacking full legal capacity.

(2) A court may, in exceptional cases, allow a minor who lacks full legal capacity and has reached sixteen years of age to enter into marriage, if justified by important grounds.

 

Section 684

(1) A court shall declare a marriage invalid on the application of a spouse whose will to enter into marriage was expressed under duress consisting in the use or threat of violence, or whose will to enter into marriage was expressed as a result of error regarding the identity of the fiancé or the nature of the juridical act constituting a wedding. The application may be submitted no later than one year from the date on which the spouse could have done so under the circumstances, or on which he learned of the real state of affairs.

(2) In the case provided in Subsection (1), a court shall declare a marriage invalid even where it terminated by the death of a spouse before the proceedings on the invalidity of the marriage initiated by the other spouse were completed, or if the descendants of the spouse who filed the application to declare the marriage invalid apply, within one year after his death, to the court to declare the marriage invalid.

 

Section 687

(1) Spouses have equal rights and duties.

(2) Spouses are obliged to respect each other, they are obliged to live together, be faithful to each other, respect each other’s dignity, support each other, maintain the family community, create a healthy family environment and jointly care of children.

FAMILY CODE

Article 3

(1) Marriage is contracted by the free and unconditional concerted declaration by a man and a woman that they agree to marry, made before a Municipal Office authorised to maintain registries or before an authority that performs this function, (hereinafter the “Registry Office”) or before a church body or religious society entitled thereto by special licence.

(2) The declaration is made in public in ceremonial fashion in the presence of two witnesses.

 

Article 13

(1) Marriage cannot be contracted by a minor. In exceptional circumstances and when the marriage fulfils its social purpose, the court may, for good cause, approve a marriage with a minor over the age of sixteen. Without this approval, the marriage is invalid and the court shall annul it even without a petition.

(2) The marriage shall not be annulled and the marriage shall become valid if the spouse who was a minor when the marriage was contracted has reached the age of eighteen, or if the wife has become pregnant.

 

Article 15a

(1) The marriage is invalid if the marriage declaration was made as a result of unlawful threats or though the mistaken identity of one of the engaged couple or a mistake as to the nature of the legal act of marriage. The court shall annul this marriage on the basis of a petition by either of the spouses.

(2) The right of a spouse to annul the marriage pursuant to paragraph 1 shall lapse one year after the day on which he/she learned of the facts making it invalid.

 

Article 17a

(1) The marriage shall not exist if the man or the woman were forced into marriage by physical violence.

(2) The marriage shall not exist if it was entered into by a minor under the age of sixteen.

(3) The marriage shall not exist unless the conditions set out in Section 4a paragraph 1, Section 4b paragraph 2 and Section 9 have been satisfied.

Men and women have equal rights and duties in marriage. They shall be obliged to live together, to be faithful to each other, to have mutual respect for the other’s dignity, to help each other, to provide joint care for their children and to create a healthy family environment.