The author's article is addressing the legal aspects of the controversial home births. After outlining the relevant fundamental rights, the author presents the Czech regulation governing the activities of midwives and the permissibility of home births.
Subsequently, the author analyses the reflection of the Czech legal regulation in the decisions of the European Court of Human Rights ("ECtHR") and the Czech courts, in particular the Constitutional Court, which lay down the criteria for the violation of the mother's right to inviolability in the interest of the protection of the child's life and health.