被虐待児に対する保護法制のあり方
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概要
- 論文の詳細を見る
Recently we need to establish more effective protection statute for neglected or abused children, who are increasing in Japan. I think the English child care law offers us many suggestion as regards that task. The English child care law consists of the following four parts; (1) Voluntary care It provides a simple means of ensuring the short-term care of children in temporary difficulties. (2) Assuming parental rights When his welfare requires constructive long-term planning, and/or for the time being it would not be in his best interests to reunite him with his parents, it is worth considering whether a resolution could be made. It is important that resolution is made by a local authority, not a juvenile court. (3) Care proceedings under the GYPA 1969 It provides for the committal of a child or young person to the care ofa local authority by ajuvenile court order. It has the principle that state intervenstion against the wishes of the juvenile concerned and/or his parents can only be justified on specific grounds of neglect or misbehavior, and not soley in the interests of the juveniles welfare. (4) Place of safety provisions Where in an emergency it is felt that a child is in urgent need of protection and the situation is one in which it would be inadvisable to wait for the deliberations of courts or committees, it provedes for a quick and convenient method. We can take three suggestions from this consideration. (A) We should make parental rights, children's rights, and state intervention guideline more clearly defined. Then, these three elements are balanced reasonably from child best interests point of view. (B) The assuming parental rights provision should be practically built in child care statute. (C) We must not forget children to have civil rights. Their feelings, opinions should be esteemed and representative system should be taken consideration in care proceedings.
- 一般社団法人日本社会福祉学会の論文
- 1989-11-01