In modern society, child abuse is not uncommon. Representatives of the younger generation quite often face moral or physical violence from parents, teachers or other adults. At the same time, the legislation clearly establishes measures that are acceptable when communicating with children for both parents and participants in the education system, and all members of society. Many adults and children whose interests have been violated want to know if parents have the right to beat their children.
Is it legal?
Beating children is strictly prohibited by law. To the question whether parents have the right to beat their children, the answer is clearly negative. Legislation protects children from any kind of violence by establishing harsh penalties for such acts. On the one hand, criminal responsibility comes for the beating of any person, both an adult and a child. On the other hand, the law provides for increased criminal liability for damage to the health of a minor.
When asked whether parents have the right to beat their children, the law gives an accurate answer. The articles of the Family Code clearly state that parents or guardians are not allowed to use physical violence against a child.
Punishment for beating children
It is not entirely appropriate to ask if parents can beat their children. Such actions are clearly unlawful and punishable. Depending on the severity of the harm caused to the child, criminal or administrative liability is applied to the person who violated the rights of the child. Some adults, not knowing the answer to the question whether parents have the right to beat children, violate the law when handling a child. In some cases, such adults may be deprived of parental rights by employees of guardianship authorities.
Criminal liability
The minority of a victim who has been subjected to moral or physical violence always acts as an aggravating factor when considering a criminal case. In such a situation, the judge must carefully examine the circumstances of the crime and the psychological portrait of the offender before sentencing. Depending on the gravity of the crime, the perpetrator may be sentenced to varying degrees of responsibility. Measures ranging from verbal warning to lengthy imprisonment are applied to perpetrators.
The law says that parents and guardians should in every way defend and protect the legitimate interests of the child. Any violence against minors is strictly prohibited. As a punishment for the improper performance of their duties, the Family Code of the Russian Federation provides for parents and guardians to be deprived of custody of a child, but the Criminal Code provides for more serious liability.
If parents beat a child, article 156 of the Criminal Code of the Russian Federation, depending on the gravity of the crime and the degree of guilt, provides for such liability measures:
- material in the form of a fine;
- disciplinary in the form of community, correctional or forced labor;
- criminal in the form of deprivation or restriction of liberty.
A similar liability is also provided for persons who temporarily fulfill the responsibilities of parents or are the guardians of the affected child. The presence of family ties does not give a person the right to beat minors for educational purposes.
Real statistics
Despite the strict relation of the law to the issue of beating minors, in the Russian Federation tens of thousands of children are subjected to moral or physical violence in the family. Such statistics are provoked by both social stereotypes, according to which a strict attitude to children contributes to their upbringing, and the lack of real control by the public, human rights and government organizations. As a rule, parents are held liable for child abuse only when the situation causes a strong public outcry.
On the other hand, there has recently been an increase in the activities of child custody bodies, which have been actively involved in identifying dysfunctional families in which children are subjected to domestic violence by adults. Government officials do not always initiate the process of deprivation of parental rights immediately. If the actions to beat the children are not of a systemic nature, and the family is deemed safe, the guardianship service staff is often limited to a preventive conversation with parents.
In which families are children abused?
Statistics show that children whose parents actively drink alcohol are the most vulnerable to domestic violence. It is worth noting that child abuse in a state of alcohol or drug intoxication is an aggravating factor. The public announcement of such facts often leads to the deprivation of the parental rights of persons violating the rights of the child under the influence of alcohol or drugs.
Cases of child abuse are more likely to occur in low-income families. When parents do not have the opportunity to make ends meet, they often spill negative emotions on the children. Children from wealthy families are more likely to be abused by adults in a school where teachers often go beyond what is permitted.
Responsibility of teachers for beating a child
Education workers are also not entitled to render moral or physical harm to the child. A teacher cannot insult, hit, or humiliate a minor. Nevertheless, quite often teachers literally poison children. This phenomenon is more relevant for schools whose staff consists of workers of the old Soviet school.
The law protects the interests of children while in school. If the child has been exposed to moral or physical abuse by school staff, parents have the right to file a complaint with local education authorities. The following measures may be taken by a teacher or other school worker:
- reprimand, demotion;
- dismissal;
- deprivation or restriction of liberty.
What to do in situations when parents beat the child
Answering positively the question of whether parents have the right to beat their children, many adults motivate this by the fact that the child is the property of their parents. This opinion is erroneous. Many people simply do not know what to do in situations if the parents beat the child, where to turn. When identifying such facts, you should immediately write a statement to the police or a complaint to the guardianship authorities.
If parents beat a child, what should the caregiver do? Education workers are also required to file a complaint with guardianship authorities or contact the police in situations where evidence of domestic violence against a minor is revealed.
Total
Violence against children is an urgent problem for Russia. Although the law comprehensively protects the rights of minors, there is no real action on the part of the public to identify and publicize such facts. Responsibility for educating the future generation lies with every member of society. If a person becomes a witness to child abuse, do not remain indifferent to the problem, you must immediately contact the law enforcement authorities.