Journalartikel

Jahr der Veröffentlichung: 2010

Seiten: 147-154

Zeitschrift: Rechtsmedizin

Bandnummer: 20

Heftnummer: 3

ISSN: 0937-9819

eISSN: 1434-5196

DOI Link: https://doi.org/10.1007/s00194-010-0670-8

Verlag: Springer

Abstract: 
International declarations, especially the Convention on the Rights of the Child by the United Nations and conventions, as well as articles in the German Constitution to protect children against violence are of interest. In addition to international agreements the constitution defines the role of public institutions in protecting the well-being of the child. However, it also protects the parental rights against state influence. According to the constitution, the state community is responsible for controlling that the parental rights are exercised to the well-being of the child (sentinel function by the state, so-called "staatliches Wachteramt"). The child has to be protected against physical and psychological harm by the state. To assure this protection the state has to develop legal standards which can be used by agencies and courts. During the administration and interpretation of the governmental protection by public authorities and courts both the rights of the child and the parental rights have to be respected. Based on the legal practice of the Federal Constitutional Court the parental rights and duties, the protection of the child and the governmental protection as stated in the German constitution, especially in article 6, are discussed in this article. With the help of relevant cases in jurisprudence of the Federal Constitutional Court and the European Court of Human Rights legal aspects (under constitutional law) which should be considered before parental custody is withdrawn and a child is separated from the parents will be discussed.

Harvard-Zitierstil: Parzeller, M., Dettmeyer, R., Bratzke, H., Flaig, B. and Zedler, B. (2010) Protection of children against violence, Rechtsmedizin, 20(3), pp. 147-154. https://doi.org/10.1007/s00194-010-0670-8

APA-Zitierstil: Parzeller, M., Dettmeyer, R., Bratzke, H., Flaig, B., & Zedler, B. (2010). Protection of children against violence. Rechtsmedizin. 20(3), 147-154. https://doi.org/10.1007/s00194-010-0670-8