Journal of the Charles University Law Faculty
Barbora Bulánková
Author’s affiliation:
The Masaryk University Faculty of Law
Positive Obligations of the State to Protect Victims of Domestic Violence in the Case Law of the Czech Constitutional Court
Jurisprudence 4/2026 Section: Articles Page: 15-26
DOI: https://doi.org/10.71372/UVLF8555
Keywords: domestic violence, positive obligations of the state, right to an effective investigation, Czech Constitutional Court, particularly vulnerable victim, psychological violence
Abstract: This article examines the positive obligations of the state to protect victims of domestic violence, especially in the sphere of the criminal-law response of the state and the related procedural protection of the victim. Through an analysis of three decisions of the Czech Constitutional Court, it demonstrates how the Court defines the duty of public authorities to respond thoroughly and effectively to arguable claims of domestic violence, how it assesses the significance of psychological violence, and how it approaches the procedural protection of particularly vulnerable victims. The article concludes that the case law of the Czech Constitutional Court is gradually shaping a constitutional standard of protection for victims of domestic violence, which includes not only the requirement of an effective investigation, but also the rejection of trivialisation, stereotypical reasoning, and formalistic approaches to victims’ rights.
