NCJ Number
68917
Date Published
1979
Length
452 pages
Annotation
THE HISTORY AND PRESENT SITUATION OF THE SOCIAL AND LEGAL REACTIONS TO CHILD ABUSE, RESULTS OF RESEARCH ON CHILD ABUSE, AND WEST GERMAN LAWS AFFECTING PARENTS' AND CHILDRENS' RIGHTS ARE OUTLINED.
Abstract
A HISTORICAL SKETCH OF ABUSIVE CONDITIONS ENCOUNTERED BY CHILDREN SINCE ANTIQUITY SHOWS THAT CHILDREN'S RIGHTS ARE A RELATIVELY MODERN DEVELOPMENT. A DISCUSSION OF SUBSTANTIVE AND PROCEDURAL LAW AS APPLIED TO GUARDIANSHIP CASES AND A SPECIFIC CASE STUDY ILLUSTRATE PROBLEMS WHICH ARISE IN INDIVIDUAL APPLICATIONS OF THE LAW. RESEARCH AREAS REVIEWED INCLUDE DARK FIGURES; PRACTICES TO COMBAT CHILD ABUSE IN THE FEDERAL REPUBLIC AND ABROAD (E.G., REPORTING LAWS); AND CHARACTERISTICS OF ABUSE, (I.E., FORMS OF INJURIES, MEDICAL DIAGNOSIS, AND INTERACTION BETWEEN OFFICIAL AUTHORITIES AND VICTIMS). THE SOCIAL SITUATIONS OF ABUSIVE FAMILIES ARE EXAMINED, CHARACTERIZING FAMILY DYNAMICS, AND ABUSE SITUATIONS; PSYCHOLOGICAL CONSIDERATIONS CONCERN THE EMOTIONAL STRUCTURE OF ABUSIVE PARENTS, AND ABUSED CHILDREN, AS WELL AS THE POSSIBILITIES FOR INTERVENTION. THE DISCUSSION OF BASIC LEGAL NORMS AND PROCEDURAL ISSUES CENTERS AROUND RECENT MOVEMENTS TO REFORM PARENTS' OBLIGATIONS TO CHILDREN AND THE ENDANGERMENT OF CHILDREN BY ACTIONS CONTRARY TO PARENTAL OBLIGATIONS. ALSO TREATED ARE MATTERS OF PROOF AND PROCEDURAL FORMAT SUCH AS INTERDEPENDENCE BETWEEN CRIMINAL AND GUARDIANSHIP PROCEEDINGS, COOPERATION WITH THE JUVENILE OFFICE, EXPERT OPINIONS, REPRESENTATIVES FOR INVOLVED PARTIES, AND ORAL PROCEEDINGS. AN EXTENSIVE BIBLIOGRAPHY AND NOTES ARE SUPPLIED. --IN GERMAN.