Publication details
Vulnerability and Family Solidarity in Czech Law
| Authors | |
|---|---|
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Law, Identity and Values |
| MU Faculty or unit | |
| Citation | |
| web | Vulnerability and Family Solidarity in Czech Law |
| Doi | https://doi.org/10.55073/2024.2.159-179 |
| Keywords | vulnerable people - protection - autonomy of will - participation - supportive measures |
| Description | Human life unfolds in stages, in which dependence on the family gradually changes. Every human life is related to vulnerability – a minor child, a person with a disability, an elderly person – which is expressed by the universal vulnerability thesis. In addition to this general thesis, the doctrine also talks about the concept of specific vulnerability thesis regarding refugees, both types of homelessness, and minorities. The law previously focused its attention on the protection of these vulnerable persons. However, the paternalistic paradigm is currently complemented by the demand to strengthen respect for the autonomy of the will of vulnerable persons. Therefore, the Czech Civil Code provides vulnerable persons with both the protection and space for a dignified expression of their will. This approach strengthens the material equality between people and the balance in private-law relations. And last but not least, the role of the family and family solidarity is gaining importance. |