Corporal Punishment of Children in Terms of Family and Criminal Law – (Ir)reconcilable Standpoints Cover Image

Телесно кажњавање деце са аспеката породичног и кривичног права ‒ (не)помирљиви тонови
Corporal Punishment of Children in Terms of Family and Criminal Law – (Ir)reconcilable Standpoints

Author(s): Svetlana Mijović
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду
Keywords: Corporal punishment; Unlawfulness; Children’s rights; Parenting; Child abuse

Summary/Abstract: The purpose of this work is to examine an issue of corporal punish ment 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 analy sis 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 un lawfulness 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 crimi nal law by giving more flexible approach and there for making it accept able for both branches of law.

  • Issue Year: 66/2018
  • Issue No: 3
  • Page Range: 316-347
  • Page Count: 32
  • Language: Serbian