TAKING INTO ACCOUNT ETHNICITY IN CONTINUITY IN UPBRINGING WHEN ARRANGING SUBSTITUTE FAMILY CARE IN THE CZECH REPUBLIC IN THE CONTEXT OF ARTICLE 20 (3) OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Abstract

The article deals with the practice of determining and recording a child’s ethnic origin by the  bodies responsible for the social-legal protection of children in the Czech Republic when arranging substitute family care. The main focus is concentrated on the interpretation of the constitutional protection of ethnic discrimination in relation with the interpretation of “continuity of care” in the view of Article 20 para 3 of the Convention on the Rights of the Child. These issues are considered from the point of view of principle of prohibition of discrimination and issue of legitimacy of data collection. The article leads to the conclusion, that the criterion of ethnic origin should not serve as a discriminatory criterion - to exclude a child from the possibility of substitute family care.