| 英文摘要 |
In the last fifteen years the Czech Constitutional Court has developed complex case-law dealing with some aspects of the family relations; it adopted a very formalist and conservative approach towards what is considered family and which relationships should be protected as such, being very protective of the institution of legal (strictly heterosexual) marriage and establishing the standard of traditional family as a life arrangement privileged over relationships not established by a blood bond or legal marriage. Targeting same sex couples, unmarried heterosexual couples, and also children, if their family relations were not established by a blood bond or its acceptable imitation, the court promotes traditional family as the only allowed form of family suitable for the protection established by the ECHR as family life. Gradually shifting from and later largely rejecting the ECtHR’s authority in family law matters, the court tolerates other family arrangements only as private life, without the privilege granted to family, disregarding the protection from discrimination and the welfare of children established by the Czech legislation and binding international law. The court also established the “protection of traditional family” as a construction aid which needs to be consulted in family law matters, overcoming the protection of the interests of the child or the suitability or necessity in a democratic society. |
