Fizinės bausmės vaikams: baudžiamasis teisinis vertinimas

Abstract

This article deals with the issue of criminal law concerning corporal punishment against children. The core of this issue can be described as follows: the Civil Code provides for the right and obligation of parents to foster, educate and take care of their children. Education means constant and purposeful impact on a child’s mind. The right to bring up a child and responsibility for the same allows parents to take the necessary measures to achieve this goal. It should be noted that, for many years in the past, corporal and dignity abasing punishment of children had been considered an effective method of upbringing. Later, such methods of education were challenged and even condemned. From the modern point of view, corporal punishment must be forbidden due to both physical and mental damage caused by such punishment and ineffectiveness of the same. Majority of countries worldwide allow physical punishment as long as it is moderate and reasonable. In 16 countries (mostly in Europe) corporal punishment has been forbidden. The Lithuanian laws, however, have failed to clearly stipulate whether corporal punishment used against children by their parents can by justified or not.