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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.
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.
There appears to be no legislation in the Czech Republic that prohibits servile matrimonial transactions.
There appears to be no legislation in Czech Republic that prohibits marriage trafficking.
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.
Eastern Europe
European Court of Human Rights
Civil
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
Article 9
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 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
(4) An offender shall be sentenced to imprisonment for eight to sixteen years or to confiscation of property, if he/she
(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
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
of pornographic works,
(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she
(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation of property if he/she
(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
(3) An offender shall be sentenced to imprisonment for three to ten years or to confiscation of property, if he/she
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
(3) An offender shall be sentenced to imprisonment for eight to sixteen years, if he/she
(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
(4) An offender shall be sentenced to imprisonment for three to ten years if he/she
Section 401 Crimes against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment.
(2) Preparation is criminal.
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.
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.