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Hidden but Significant Problems of Pluralism in the Family Law of the Czech Republic

Publication at Faculty of Law |
2022

Abstract

The national report on multicultural challenges in family law analyses how the multicultural phenomena understood as a plurality of ways of life in society-based, for example, on cultural tradition, ethnic background, custom, religious conviction or sexual orientation-interact with family law in the Czech Republic. It demonstrates that in a relatively homogenous society with a developed and functioning constitutional system based on the principles of democracy and the rule of law, there still exist real problems concerning the management of diversity in the area of family law.

The identified problematic areas include, for instance, the conservative approach to two-person relationships and problems concerning parental care, such as the overuse of substitute-care institutions. Special attention is paid to one of the most sensitive problems in the Czech Republic, the vulnerable position of Roma children.

Finally, the conclusion takes into account the broader political context of the most recent developments as relating to the perception of diversity. Anti-migration and identitarian political sentiments perceive diversity as a danger.

Even though the normative and applicatory sphere of family law has not been directly impacted so far, the article argues that political tensions pose a serious risk for social diversity and its accommodation via family law.