The Notion of Child Maltreatment in Criminal Law
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Abstract
There is no single definition of child maltreatment. Based on the method of logical, systemic and case law analysis, the notion of child maltreatment, its contents and features under Article 163 of the Criminal Code of Lithuania is analysed.
The article is devoted to the notion of abuse of the rights and duties of parents, guardians or other legal representatives of a child. Due to its complicated structure, the notion of abuse of the rights and duties of parents, guardians or other legal representatives of child is difficult to comprehend and apply. Article 163 of the Criminal Code stipulates three different ways of committing a criminal act: physical or mental frustration, abandonment without attendance for a long time or other cruel treatment against a child. In the article, the author expresses an opinion that these ways are different types of maltreatment. She also proposes to differentiate four types of maltreatment in the criminal law: physical violence; mental violence; sexual abuse and neglect. The concepts of these signs are provided except for sexual abuse, which is extremely specific and is a subject of separate studies.
Maltreatment is understood as any intentional action which causes physical or psychological suffering to a child. Assessment of maltreatment depends on objective and subjective circumstances: duration of such cruelty, its physical or emotional effect, sex, age, and the state of health of the victim.
One of the forms of physical violence against children is their physical punishment. Physical punishments must not be excused by the right of parents to educate their children. All physical punishments including “reasonable” and “moderate” ones are impermissible if they are aimed at causing physical pain and/or humiliating the child.
Mental violence as a form of maltreatment should be understood as threatening or intimidating another person as any action, during which the affected person suffers psychological excruciation or oppression.
Neglect is understood quite broadly – its essence is formed by any failure to act as required by law with respect to a child. Child neglect includes not only abandonment of a child without attendance, but also failure to provide for a child’s basic needs: physical, intellectual, psychological or social needs.
The article is devoted to the notion of abuse of the rights and duties of parents, guardians or other legal representatives of a child. Due to its complicated structure, the notion of abuse of the rights and duties of parents, guardians or other legal representatives of child is difficult to comprehend and apply. Article 163 of the Criminal Code stipulates three different ways of committing a criminal act: physical or mental frustration, abandonment without attendance for a long time or other cruel treatment against a child. In the article, the author expresses an opinion that these ways are different types of maltreatment. She also proposes to differentiate four types of maltreatment in the criminal law: physical violence; mental violence; sexual abuse and neglect. The concepts of these signs are provided except for sexual abuse, which is extremely specific and is a subject of separate studies.
Maltreatment is understood as any intentional action which causes physical or psychological suffering to a child. Assessment of maltreatment depends on objective and subjective circumstances: duration of such cruelty, its physical or emotional effect, sex, age, and the state of health of the victim.
One of the forms of physical violence against children is their physical punishment. Physical punishments must not be excused by the right of parents to educate their children. All physical punishments including “reasonable” and “moderate” ones are impermissible if they are aimed at causing physical pain and/or humiliating the child.
Mental violence as a form of maltreatment should be understood as threatening or intimidating another person as any action, during which the affected person suffers psychological excruciation or oppression.
Neglect is understood quite broadly – its essence is formed by any failure to act as required by law with respect to a child. Child neglect includes not only abandonment of a child without attendance, but also failure to provide for a child’s basic needs: physical, intellectual, psychological or social needs.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
