Child abuse and violence in education from a legal perspective: when and how to intervene?

What has changed in 2026

A major innovation is the amendment to the Civil Code, effective from 1 January 2026, which stipulates that child custody includes care for the child’s development without physical punishment, mental hardship or other humiliating measures. At the same time, Article 884(2) of the Civil Code now explicitly states that the human dignity of a child is affected by corporal punishment, mental hardship or other degrading measures.

This means that it is no longer just a general interpretation over the dignity of the child or international obligations. The prohibition of corporal punishment is now explicitly written directly into the Civil Code. According to the background to the amendment, the purpose of this change is mainly to set a clear boundary that violence does not belong in parenting and to strengthen non-violent parenting.

The new legislation did not in itself introduce a specific new offence of “slapping”. However, it changes the legal framework for assessing the behaviour of parents, carers, DPOs and courts. In practice, this will be particularly important in custody disputes, in OSPOD interventions and in cases where inappropriate parenting turns into psychological or physical violence.

Where education ends and unacceptable treatment begins

Parents can continue to educate the child, set rules, restrict mobile phones, ban the computer, insist on domestic duties or require compliance with a regime. The law does not prohibit reasonable discipline. However, it does prohibit means that humiliate, intimidate, cause physical pain or prolonged psychological distress to the child.

Thus, not only slapping, beating or hair-pulling, but also repeated humiliation, ridicule, threats, isolation, intimidation or subjecting a child to domestic violence may be unacceptable. The background to the amendment also explicitly envisages that mental hardship and humiliating treatment are to be treated as seriously as corporal punishment.

In practice, it is often psychological violence that is the most severe. Bruises are not visible, but a child may be frightened, anxious, overly obedient or, on the contrary, explosive for a long time. It is the repetition, intensity and impact on the child that are crucial to the assessment.

What does the law say about child abuse?

Not all inappropriate behaviour automatically constitutes a criminal offence. However, if someone abuses a child in their care or custody, it may be a criminal offence of cruelty to a ward under section 198 of the Criminal Code. The basic penalty is one to five years’ imprisonment, with more severe penalties for particularly brutal conduct, serious harm or prolonged perpetration.

In addition to the criminal law, the Act on Social and Legal Protection of Children also applies. The latter protects children at risk of neglect, violence or other disruptions to the family environment and provides scope for intervention by the OSPOD before criminal proceedings are initiated.

Importantly, the child does not have to be the direct victim. A child who has long observed violence between adults at home is also at risk. Such an environment can have serious effects on the child’s psyche and development. The Ministry of Labour and Social Affairs has dedicated a separate methodology to children at risk of domestic violence.

You also have the option to report child abuse

Anyone can alert the OSPOD that a child is at risk. Section 7 of the Social Protection of Children Act states that everyone is entitled to report violations of obligations or abuse of rights arising from parental responsibility and facts indicating that a child is at risk.

Schools, educational establishments, health service providers and other facilities for children have a special obligation. Under section 10(4) of the Act on Social and Legal Protection of Children, they must notify the municipal authority of the municipality with extended jurisdiction without undue delay of facts indicating that a child referred to in section 6 is involved.

In acute danger, it is advisable to call the Czech Police on 158. In the case of domestic violence, the police can ban the violent person from the common dwelling for 10 days. This tool is also used in cases where children are at risk.

A child alone or a young person can also contact the 116 111 helpline, which operates 24 hours a day, free of charge and anonymously. The helpline offers telephone support and chat.

The OSPOD plays a major role in child abuse protection

After a report, the OSPOD investigates the situation, communicates with the child and the parents and finds out whether the child is at risk. The law foresees that the social protection officer is in personal contact with the child and the parents and solves the child’s problems in the child’s natural social environment.

Removal of the child from the family does not always have to follow. It is more common to first supervise, counsel, work with the family, cooperate with the school or refer the child for professional help. However, if the child is at serious risk, the OSPOD may propose to the court an interim measure, a restriction of contact, a change of custody or other intervention in parental responsibility. The background to the amendment explicitly envisages that the new regulation will strengthen the arguments for intervention in cases of repeated physical punishment and humiliating treatment.

In practice, we often see that the neighbourhood hesitates for too long because it is not sure whether it is “serious enough” anymore. But for children, it is safer to report reasonable suspicion sooner rather than later. The competent authorities will then decide whether the situation is really a crisis.

What to do if you suspect violence against a child

If there is no immediate threat to life, try to be as specific as possible about what you saw or heard. The date, location, frequency, injuries, the child’s behaviour or specific statements made by adults can help. Reporting to OSPOD or the police does not have to be legally complicated.

If a child is in danger right now, don’t wait to call the police or emergency services. If you are a teacher, doctor, or childcare worker, do not delay making a report, saying that you will “check it out yourself.” The law for these professions provides for a quick response to the OSPOD.

In serious cases, failure to act can have criminal consequences. The Criminal Code, in sections 367 and 368, provides for the failure to report certain offences, including abuse of a ward under section 198. A crime can also be prevented by timely reporting it to the police or the public prosecutor.

Summary

Czech law has become significantly clearer on the issue of violence against children since 1 January 2026. The Civil Code now explicitly prohibits corporal punishment, mental hardship and other degrading treatment in the upbringing of a child. This does not mean a prohibition of discipline or boundaries, but a clear rejection of violence and humiliation as a means of education.

When you suspect that a child is being harmed, contact the OSPOD, or in an acute situation, the police. Schools, health professionals and other facilities have a duty to report, and inaction can have legal consequences for serious acts. The most important thing is not to wait until the situation is “absolutely certain”. For a child, early response is often critical.