Článek
For the protection of the rights and mental health of Czech children
THE PETITION
According to Article 18 of the Charter of Fundamental Rights and Freedoms and Act No. 85/1990 Coll. on the Right to Petition
Document Version: January 21, 2025
TO:
The Ministry, the Government of the Czech Republic, the Parliament (Chamber of Deputies, Senate), the President of the Republic, the Regions, Municipalities, Cities, the Courts, the Public Defender of Rights, the Petition Committee, and others.
In the Czech Republic, there are violations of the Convention on the Rights of the Child in custody proceedings, leading to damage to the mental and physical health of children, their traumatization, and systemic abuse. Court decisions are often unjustified, based on unprofessional, unfounded, and unsubstantiated recommendations from OSPOD (CZECH Social and Legal Child Protection Agency). The decisions of the courts and the procedures of OSPODs do not align with the views and natural needs of children. Courts and OSPODs are not trained to proceed and make decisions when there is suspicion or evidence of domestic violence or other forms of abuse within a family.
As a result of this unjustified, completely illogical, and unsupported decision-making that harms children, the following occurs:
- Children suffer from the destruction of beneficial bonds with the primary caregiver.
- Children experience severe deprivation (issues such as behavioral disorders, emotional experiences, empathy, self-control, etc.).
- Children suffer from lower self-esteem (less self-confidence, a sense that they are not important to others).
- Children have problems in relationships, with an increased need for approval and confirmation from others that they are doing the right thing.
- Children are uncertain in terms of responsibility (excessive or insufficient).
- Children are generally significantly internally insecure and self-critical.
- Children suffer from feelings of guilt, loneliness, and a sense of being different from others.
- Children constantly search for normalcy (what is normal, common, how things go in life), they have a limited ability to rejoice or enjoy life, which leads to issues such as bedwetting, stuttering, separation anxiety, regression, somatization, and stomach problems.
- And more. (5), (6), (8), (10), (11), (13), (18), (24), (31), (33), (34), (35)
The traumatization of children (and mothers) is often blindly supported by OSPODs and the courts. Experience from developed Western countries already confirms (as do many modern and traditionally thinking psychologists) that a child should have one primary caregiving parent (ideally the mother), along with the associated environment (a stable home). A child generally needs stability and a sense of security. The constancy of the upbringing environment for children is an important value that must be protected. (6, 26, 27, 28, 29)
The notion that a child will somehow „sleep off“ or calm down from these unnecessary traumas, caused by the irrational current decision-making practices of OSPODs and the courts, and simply forget with time, is misguided and false. There are hundreds of studies on the brains of adults who went through similar traumas in childhood. Their brains show permanent negative changes, including panic states, worsening memory, cognitive function failures under stress, emotional lability, fear of aggression, etc. (2), (3), (4), (13), (18), (19), (20), (21)
WE DEMAND THAT:
- OSPODs and the courts fully respect the fundamental principle of the Convention on the Rights of the Child:
„…The best interests of the child shall be a primary consideration above all other interests, such as those of the parents, family (or even the state), and the child's best interests must always be the foremost concern in any activity related to children, whether carried out by public or private institutions, courts, administrative or legislative bodies…“
This principle, which is intended to ensure the comprehensive protection of children and minimize the trauma caused by parental separations/divorces, is not respected by OSPODs and the courts. Courts, in collaboration with OSPODs, issue unjustified, unfounded, and entirely absurd decisions that not only disregard this basic principle but, in their significance and consequences, directly oppose it. Through their evidence-free and unjustified actions and decision-making practices during custody proceedings, the courts undermine the credibility of the judiciary and consistently and intensely harm the mental and physical health of children, further traumatizing their primary caregivers. (13)(17)(18)(19)(20)(24)(25)
2) Children up to the age of four and breastfeeding children should specifically remain in the care of their mothers (not only formally, but also in a manner where contact with the other parent should be arranged so that it does not involve overnight stays away from the mother’s home, ensuring a stable and safe environment for the children), unless there is a relevant reason to decide otherwise.
3) The opinions of younger children should be respected regarding when, in what regime, and with which parent they wish to spend their time.
4) Decisions made by OSPODs and the courts should be in the best interest of the children and their mental and physical health – for example, ensuring that children are not forced to attend two educational institutions, are not required to travel unnecessarily long distances between the parents' homes, and are not separated from their mothers at a young age, especially if they are breastfeeding.
5) OSPOD workers should record video (or possibly audio) recordings of interviews or meetings with children and parents to prevent any manipulation of children by OSPOD or parents, and to prevent tampering with documentation or fraud.
6) Domestic violence or any other abuse perpetrated by one parent towards the other should be taken into account in custody proceedings and treated similarly to violence against the child. We demand that children not be placed in the care of parents who act violently or abusively towards the other parent.
7) Court decisions should be justified, evidence-based, and adhere to basic principles of logic.
8) Free in-person and online legal counseling centers should be established.
9) Children should not be placed in crisis centers due to demands or pressure from OSPOD or the court to change the children's views.
10) During custody proceedings, court decisions and actions by OSPOD should not cause new trauma to the child or deepen existing trauma. The stability of the environment in which the child feels comfortable and thrives should not be disrupted by custody proceedings. Likewise, functional and beneficial relationships for the child – such as with the primary caregiver – should not be disrupted or damaged. On the contrary, such relationships should be protected for the benefit of the child.
Further demands:
11) Domestic violence should be classified as a serious criminal offense.
12) Improvement of the status and support for women in society (e.g., triple maternity payments until the child's third year of life).
13) Limiting the term of judges to 7-10 years in office (especially for family court judges).
14) Tightening control over family courts, clarifying and unifying family court decision-making practices, simplifying and speeding up family court processes to a maximum of 6 months to a year in duration – decisions should be made exclusively in the best interest of the child and in line with the aforementioned principles.
We believe that the adoption of these measures will lead to an improvement in the very critical situation in family proceedings in the Czech Republic and ensure justice and safety for children, who are the most vulnerable participants in family proceedings.
The Petition for the Protection of the Rights and Mental Health of Czech Children can now be signed on the Citizen Portal via this link.
International signatories, those signing from abroad, can sign here. Stories of those signing can still be added to this Petition here via this link.
We also ask for the collection of signatures in ‚paper version.‘ The petition is for anyone who would like to proactively help bring about change and can be downloaded here via this link. You can print this document, collect signatures, and send it by registered mail to the address: Marie Peterová, Pod Horou 458, Březová-Oleško, 25245.
With gratitude, the authors of the petition for the protection of the rights and mental health of Czech children thank you.
Demonstration (1. June 2025; Prague, Kampa island): https://fb.me/e/5BfIhqzp5
Authors of this PETITION:
Ing. Marie Peterová, MBA, Ph.D., residence: Pod Horou 458, Březová-Oleško, 252 45;
Mgr. Natálie Muchková, Duhová 1083, Kosmonosy, 293 06;
Zoe Čechová, residence: U Lesíka 3539/9, Znojmo, 669 02;
Veronika Egerová, residence: Trnkova 35, Olomouc, 779 00;
Monika Kolbanova, residence: Nad Jezerkou 1255/1, Prague, 140 00;
MgA Barbora Plachá, DiS., residence: Čtyřkoly 190, 257 22.
The petition was created in collaboration with the following organizations:
www.materskepouto.cz
https://studyatelii.com
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