Tuesday, April 24, 2012

Do you think that beaten is the right solution?


The reality is that many parents used a relatively mild forms of corporal punishment of children and the children themselves and to accept as part of some family "rules". What do you think, is it wrong that kids sometimes "get on tour?" 

The legal ban on corporal punishment of children, despite the good intentions to protect children's dignity, causing many in the public debate, the legislature sets a doubt - from the purpose of prescribing the prohibition of charges and the appropriateness of sanctions for beating children.

If the diversion every shot, "the tour" understood as a crime, then the majority of families had a criminal in the house, and obese children would end in another person's home or a home for abandoned children, warned in a statement for Tanjug Professor Faculty of Law Milan Škulić.

Explicit prohibition of beating children for now without any sanction prescribed planned Draft Law on the Rights of the Child, and the Draft Civil Code of Serbia.

The competent authorities for the care of children's rights say that the prohibition on corporal punishment of children, primarily resulting from Serbia's obligations assumed by ratifying the UN Convention on the Rights of the Child, which expressly provides that each State Party shall take all measures to protect the child from all forms of physical violence.

Škulić considers that no provision of the Convention on the Rights of the Child can not be so broadly construed as did our legislators. He stressed that children should be protected at all available ways, by legislation, and pointed out that many modern legal systems do not approve of corporal punishment of children, in this respect they exhibit a degree of tolerance necessary.

"There is no dispute that there are many parents' educational styles." Our people know quite a nesimpatičnu proverb according to which 'stick out from heaven' and, although there is no exact research, a considerable number of parents in practice act on the adage, "said he said.

Škulić pointed out that the legislators are questions - whether all such parents into criminals by prescribing a new offense, which would inkriminisalo all corporal punishment of children, including appropriate "action prevaspitno parents."

"If the parent of your child in Serbia inflicted bodily injury on the time and date, without any new charges, committed a criminal offense. Depending on the degree and severity of injuries and other relevant circumstances, this would be or some offense against life the body or on domestic violence, "said Škilić.

The fact that the parent has committed a criminal offense under their child could be the basis for him to be deprived of parental rights, he added.

It only remained, he said, to prohibit "any corporal punishment of children by parents, and one that does not produce the relevant injury, so that would be prescribed if the parent application to the child any physical punishment - thereby commits an offense work ".

He said that such solutions exist in some Scandinavian countries, while most European countries have similar statutory provisions as to us, although many of the advanced state of law, such as Germany, have in their legislation a crime of domestic violence.

Although many modern legal systems do not approve of corporal punishment of children, in this respect they exhibit a degree of tolerance necessary, so if the parent is "not overdone" blows to their buttocks, or pulling the ears - not a criminal offense, said Škulić.

In that respect it is very important and dominant national mentality, and thus, for example, the Scandinavian countries, quite often the case that for such offenses are the "guest workers", unaccustomed to the "new world" and its rules.

It happened to have their children taken away and placed in other families, as a rule was very traumatic not only for parents but also for the children, warned Škulić.

It is hard to imagine that a child, even if received and beatings, were satisfied to find another family or in some homes. Such a child would probably not be happy or that his "sinful" appeal to a parent in prison, amatra professor.

He said that we should not forget that the criminal prosecution and criminal sanctions in particular, is often coupled loss of work, which questions the very subsistence of the Child, which states that vigorously "protect".

It is wrong to physically punish or domestic animals, let alone children, but the reality is that many parents used a relatively mild forms of corporal punishment of their children and to children themselves and to accept as part of a family of certain "rules of the game," said Škulić .

Criminal law, in his opinion, can not create a perfect family, a facile legislative interference in the resolution of family relationships can produce serious counter-effect, according to the proverb - "road to hell is paved with good intentions."

Is it justified that children sometimes get "on tour"?

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.