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Social and Legal Issues of Corporal Punishment of Children
Author(s) -
Kristina Grinevičiūtė,
Iveta Vitkutė Zvezdinienė
Publication year - 2018
Publication title -
studia prawnicze kul
Language(s) - English
Resource type - Journals
eISSN - 2719-4264
pISSN - 1897-7146
DOI - 10.31743/sp.4711
Subject(s) - corporal punishment , human rights , law , political science , child abuse , cruelty , convention on the rights of the child , legislator , convention , criminology , psychology , legislation , poison control , suicide prevention , medicine , environmental health
Research problem. A democratic state is guided by the rule of law and the principles of the human rights and freedoms. Ratifying the European Convention on Human Rights and The European Social Charter or Revised European Social Charter, Member States undertake to respect all people of their jurisdiction rights, including all children. The child is not the family or the state property. Child is a citizen from birth, so it is necessary to look seriously into each such member public offense. When we talk about the criminal cruelty, especially in serious case of child rights violation (murder, sexual assault, and so on), everyone unanimity agree, that no one member of the society cannot tolerate such child abuse. But society begins to split into different camps – from the positive approach into the sentence, to the punishment classification into violence-category - when the discussion is tilting about the child's upbringing without violence. This tendency is due to several reasons. First is that a deliberate arm lift against a child is the belief that slapping "educated" child will become better. Second, parenting is the natural values, or in other words, the right of parents to educate their children in their own training methods. The aim of this article is to provide legal assessment of corporal punishment of children for educational purposes. In order to achieve this aim will be analyse the position of legislator of corporal punishment of children for educational purposes; by analyse proposals and ideas regarding delimitation of corporal punishment, to single out the theories of corporal punishment of children for educational purposes in criminal law jurisprudence.

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