Corporal punishment of children in terms of family and criminal law: (Ir)reconcilable standpoints

Anali Pravnog Fakulteta u Beogradu

Mijović Svetlana¹ 

[1] Univerzitet u Beogradu, Pravni fakultet, Serbia;

关键词: corporal punishment;    unlawfulness;    children's rights;    parenting;    child abuse;   

DOI  :  10.5937/AnaliPFB1803316M

来源: DOAJ

【 摘 要 】

The purpose of this work is to examine an issue of corporal punishment of children as a method of discipline in terms of family and criminal law. The author begins the study by taking a broader perspective of the issue in terms of extra-legal scientific disciplines, then conducts an analysis of the international legal frameworks for the corporal punishment and finally offers brief overview of the solutions found in comparative law. Further in the study, the author focuses on different aspects of family and criminal law in terms of necessity of complete prohibition against corporal punishment of children. In order to do this, the author compares present legal solution found in family law with suggested new solution of the Draft Civil Code of Serbia. Further, the attempts have been made to set the criteria for distinguishing the situations in which the exercise of parental rights can be considered specific basis for exclusion of the unlawfulness from those in which the crime of domestic violence is found. De lege ferenda proposals have been presented with an aim of serving as a possible middle ground between different aspects of family and criminal law by giving more flexible approach and there for making it acceptable for both branches of law.

【 授权许可】

Unknown