Abstract
<p>To present the purpose and the actual role of the prohibition of corporal punishment against minors in society, the sources, causes and effects of introducing this normative prohibition are analysed, based on the example of the Polish legal system. The sources that sought to adopt the amendment in question are indicated, as well as the entities influencing the enactment of the prohibition in its final version. The situation of entities that will reap benefits from the ban in question and those to suffer losses is also described. The analysis of formal and informal rules relating to the upbringing methods used in the society is aimed at answering the question of whether the prohibition of corporal punishment against minors achieved the goal intended by the legislator or even caused the opposite effect.</p>
Highlights
Until 2009, the prohibition of corporal punishment against minors was in force in 24 countries around the world.1 In Poland this ban was introduced2 in the Family and Guardianship Code3 on 10 June 2010, in the form of Article 961, reading as follows: “Persons exercising parental responsibility and exercising the care or custody of minors shall be prohibited from using corporal punishment”
The analysis of formal and informal rules relating to the upbringing methods used in the society is aimed at answering the question of whether the prohibition of corporal punishment against minors achieved the goal intended by the legislator or even caused the opposite effect
This article uses the example of the Polish legal system to analyze how the expressis verbis prohibition of corporal punishment affects family relationships, and especially the upbringing process
Summary
Until 2009, the prohibition of corporal punishment against minors was in force in 24 countries around the world. In Poland this ban was introduced in the Family and Guardianship Code on 10 June 2010, in the form of Article 961, reading as follows: “Persons exercising parental responsibility and exercising the care or custody of minors shall be prohibited from using corporal punishment”. U conditions for foster families in respect of the necessary training, as specified in the provisions on supporting the family and the foster care system (Article 109 FGC), b) depriving one or both such persons of parental authority if the court finds that the violation of the prohibition in question constitutes an abuse of parental authority or gross negligence of parental duties towards the child (Article 111 FGC), c) taking the child away from the family by a social worker and placing him/ her with another close relative not living together, within the meaning of Article 115 § 11 of the Penal Code, in a foster family or in an educational care facility, when physical punishment poses a direct threat to the minor’s health or life (Article 12a (1) of the Act on counteracting domestic violence).. Administration of corporal punishment to minors has always been a behaviour violating the inherent and inalienable dignity of human beings, the respect for which is guaranteed by both national (Article 30 of the Polish Constitution) and international law provisions (Preamble to the International Covenant on Civil and Political Rights).. Article 30 of the Polish Constitution is subsidiary and “an individual may rely thereon only when other rights or freedoms fail to guarantee such protection”.50 the decision of the legislator who resolved to insert in the Family and Guardianship Code a provision directly relating to the unlawful handling of minor’s legal goods by physical punishment and guaranteeing the said protection should be assessed very positively
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