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Constitutional Act No. 161/1990 Coll., that amends and supplements the Constitutional Act No. 100/1960 Coll., the Constitution of the Czechoslovak Socialist Republic, in the wording of the Constitutional Act No. 62/1978 Coll.

This amendment was adopted in May 1990 on the last session of the Federal Assembly elected in 1986 (and then largely modified within the co-options). It amended the article 24 of the Constitution regulating the right to education. The amendment formed a part of a simultaneously considered educational reform that would enable the existence of private and religious schools.

The amendment of the Constitution modified the principle of complimentary education. It was allowed to provide education on these types of schools for a fee. In the same time, art. 24 section 3, previously prescribing all education to be based “on scientific worldview and narrow connection between school and life and the work of people”, was eliminated. During consideration a submission based on art. 13 of the International Covenant on Economic, Social and Cultural Rights emerged. Specifically, it was proposed to amend the art. 24 with the sentence: “Also the right of parents or guardians to select other schools than those founded by public authorities for their kids is guaranteed.”[1]

The representative of the submitter (a group of deputies) expressed that the parents' right to choose the school will be guaranteed in the simultaneously considered school law. It was also stated that the amendment would require its consideration in constitutional committees of both chambers. In reaction the submitter withdrew its submission.[2]

The bill was thus adopted in its original wording by a large majority of deputies in both chambers (stenographic record does not state the exact number of deputies, the chairman only stated that majority was reached; votes against and abstentions were rather few).[3]

The amendment came into effect on the day of promulgation on 10 May 1990.