State protection from child abuse. Protecting abused and abused children Domestic violence

Abuse of children cannot be tolerated under any circumstances, and the belief that the use of violence is in the best interests of the child is extremely erroneous and even criminal. What is abuse, what is considered violence, what responsibility can follow for its use and how to protect a child - all these points are discussed in the article below.

Domestic violence against children: causes

The main causes of child abuse are social in nature. This is especially true for physical and sexual violence, which are most often practiced in families where it is not customary to take into account the norms of ethics and morality.

Here is an approximate list of factors that in most cases cause child abuse:

• single-parent, low-income families;
• families in which one of the parents is not a blood relative of the child (stepfather, stepmother);
• parents lack a permanent place of work;
• criminal history of parents or other adult family members;
• the presence of one or both parents with alcohol or drug addiction;
• low level of education and culture within the family;
• the child has mental, mental or physical disabilities, etc.

Families in which several factors are present at once fall into the high-risk group, and in practice this is exactly what happens: it is difficult to find a family of alcoholics or drug addicts who have a stable income and high moral principles.

But, unfortunately, external well-being is not always a guarantee of a respectful attitude towards a child within the family - quite often well-educated people use violence, especially psychological violence, against their children and, most regrettably, do not see anything bad or unnatural in it.

Violence against children in the family: types

The category of “child abuse” includes any violence against a child by parents or those to whom their functions are assigned by law (for example, guardians or trustees, orphanage teachers, etc.), as well as other older family members. However, it does not have to be expressed in the use of corporal punishment or in the form of sexual harassment - psychological violence is no less dangerous.

The inadmissibility of child abuse is legally enshrined both at the international and national levels: Article 19 of the “Convention on the Rights of the Child” was approved by the UN General Assembly on November 20, 1989) obliges all states participating in it (which, since 1990, includes the USSR, and since 1999 - Russia as the legal successor of the Soviet Union) take all possible measures to protect children from all forms of violence.

In Russian legislation, responsibility for such actions is provided for in many branches of law: criminal, family, administrative, etc.

Physical violence

Beatings (both single and systematic), bodily harm, any other physical impact on a child, as well as deliberate deprivation of food, water and the opportunity to perform natural needs, other bullying and torture - all this is classified as violence, regardless of the severity of the consequences , which only affects the degree of responsibility.

Sexual violence

It means sexually motivated harassment, involvement of a child in actions of a corresponding nature, demonstration of genitals or any works of pornographic content (illustrations, books, films, videos, etc.).

Important: a child under 16 years of age has total sexual integrity. Therefore, his consent to participate in such actions does not mean the absence of a violent component in them. Due to their age and mental characteristics, children and adolescents are not able to understand the inadmissibility of such behavior towards them, as well as the degree of harm caused.

Emotional (mental) abuse

This is the most difficult type of child abuse to prove, but at the same time the most often used in families. This is especially true for cells of society with a reduced cultural level. Mental violence can take the following forms:

• uttering threats against a child (including in the form of blackmail - for example, the threat of beating in case of failure to comply with parental demands, disobedience, poor performance, etc.);
• insult, humiliation (name calling, harsh criticism, etc.);
• demonstration of neglect both for the child himself and for his needs and interests (including restriction without objective motivation of the child’s communication with peers, refusal to provide conditions for development, etc.).

Despite the apparent insignificance of the consequences of emotional violence compared to physical or sexual violence, the result of psychological influence is often the formation of pathological and other negative character traits in the child, a shift in the value system, and the emergence of difficulties in socialization.

Don't know your rights?

Psychological abuse of children

The danger of child abuse expressed in the use of psychological violence is often questionable. However, its consequences can be global and sometimes irreversible:

• formation of negative life attitudes in the child;
• delayed mental, mental or speech development;
• the emergence of difficulties in adapting to society and a decrease in communication skills;
• decreased learning ability;
• loss of respect for parents;
• pathological changes in the psyche that are difficult to correct.

All this almost invariably leads to complete or partial asocialization, the signs of which become more and more apparent as the child grows older. Subsequently, attempts to assert oneself often lead to disastrous results - criminalization, alcoholism, drug addiction, etc.

In addition, a child who grew up in an atmosphere of continuous pressure and violence (this applies to any type of it) perceives this model of parental behavior as the norm and subsequently implements it in his own family.

Protecting children from violence: helpline, contacting special services

A hotline dedicated to protecting children's rights is available in every major city. If desired and necessary, the phone number can always be found on the Internet. However, the problem is that children who are abused are often raised in dysfunctional families that suffer permanent financial difficulties (that is, not everyone has access to the global network).

In addition, according to statistics, a low cultural level and, as a consequence, the risk of child abuse is most typical for residents of small settlements, where the necessary helpline is extremely rarely organized.

In such cases, the optimal protection of children from violence is to contact the guardianship and trusteeship authorities, as well as the inspectorate for minors, which exist in each department of the Ministry of Internal Affairs. The initiative to appeal can come from the child himself, suffering from cruel treatment, or from any other person who is not indifferent to his fate.

The duties of the authorized bodies include conducting a thorough objective inspection of the child’s living conditions, based on the results of which one of the following decisions can be made:

• transfer of materials to the police or prosecutor's office for a decision to initiate proceedings against parents or other family members for child abuse
• sending to the prosecutor's office a conclusion on the advisability of depriving parents of parental rights (or restricting rights) and transferring the child to the care of other relatives or to a specialized children's institution;
• issuing a warning to parents and placing the family under control, followed by systematic checks (as a rule, an order is issued to change lifestyle - for example, compulsory employment, undergoing treatment for alcohol or drug addiction, inadmissibility of using any kind of violence against the child, etc.) .

Responsibility for child abuse: legal documentation

Abuse of children in Russia invariably entails liability - criminal, civil or administrative. Thus, in accordance with Article 156 of the Criminal Code of the Russian Federation, parents or persons called upon to replace them by force of law are subject to punishment in the form of imprisonment for up to 3 years or the payment of a large fine for using violence against a child. Sanctions such as compulsory or correctional labor are also possible.

This norm also applies equally to teachers, educators or employees of institutions supervising children left without parental care (orphanages, orphanages, shelters, etc.).

Important: when causing bodily harm to a child, committing indecent acts against him, sexual harassment or sexual violence, the perpetrators are also charged with other crimes in addition to Article 156. For example, if, as a result of cruel treatment, the child’s health was harmed to moderate severity, the actions of the parent (other person) who used violence are subject to qualification under Articles 156 and 112 of the Criminal Code of the Russian Federation.

In addition to a criminal record, unscrupulous parents risk being subjected to a much harsher sanction - deprivation of parental rights, as clearly evidenced by Article 69 of the Family Code of the Russian Federation (see: What are the grounds and procedure for deprivation or restriction of parental rights?). This measure may be irreversible: with the advent of elements of juvenile justice in Russia, the procedure for restoring parental rights has become much more complicated than the procedure for depriving them.

Contrary to popular belief, it is quite possible to prove the use of violence against a child, even if the latter denies it: a routine medical examination, appearance at a child care facility with obvious signs of beatings, testimony from neighbors - this is more than enough to hold parents accountable.

The situation is more difficult with proving violence of a psychological nature, however, in this case there are ways: pathological changes in the emotional state of the child are an indisputable basis for an inspection by representatives of the guardianship and trusteeship authorities.

Preventing child abuse

Another important duty of the guardianship authorities is the prevention of child abuse. For this purpose, there are specially developed programs and instructions that contain the following measures:

• identification of disadvantaged families and low-income families (usually in collaboration with the police, in particular with district commissioners and inspectors of the Internal Affairs Directorate);
• conducting preventive conversations with parents at risk;
• control of visits by minors to educational institutions adequate to their age and development;
• organizing interaction with local pediatricians and representatives of educational institutions;
• monitoring of reports received by the police about missing minors (including those related to permanent long-term absence from home);
• assistance in finding employment for members of low-income families and organizing their treatment for alcohol and drug addiction.

This list is far from complete; the basic principles of the work of guardianship authorities are an individual approach and compliance with the law. Therefore, if the use of violence against a child was one-time in nature and was the exception rather than the rule, no special sanctions will follow. However, the possibility of coming to the attention and close attention of authorized organizations still exists.

Legal Advisor, MBU SO "Crisis Center"

“Every parent must abstain in front of his children.

only from deeds, but also from words tending towards injustice and violence,

such as: abuse, oaths, fights, all kinds of cruelty and the like

actions, and not allow those who surround his children to

give them such bad examples"

Catherine II

Children are the flowers of life.

This saying is familiar to every person. Unfortunately, currently an urgent problem in modern society and parents of different ages is child abuse. Currently, the rights and dignity of the child in our country are protected by international and Russian legislation. It should be understood that the responsibility for raising and ensuring the well-being of the child is the responsibility of the parents. And in cases of failure to fulfill their parental responsibilities, legal representatives may be held accountable.

In accordance with Article 38 of the Constitution of the Russian Federation, motherhood, childhood, and the family are under the protection of the state. Caring for children and raising them is an equal right and responsibility of parents. In accordance with Article 19 of the Convention on the Protection of the Rights of the Child, the state takes all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or psychological violence, from insult or abuse, from neglect or neglect, from abuse or exploitation, from sexual abuse, by parents, legal guardians or any other person caring for the child. Under article 37, the State shall ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment.

Child abuse is the actions (or inaction) of parents, educators and other persons that harm the physical or mental health of a child. There are several forms of abuse: physical, sexual, mental abuse, neglect.

Violence is any form of relationship aimed at establishing or maintaining control by force over another person. Physical violence- actions (inaction) on the part of parents or other adults, as a result of which the physical and mental health of the child is impaired or is at risk of impairment.

Psychological (emotional) abuse- this is behavior that causes fear in children, psychological pressure in humiliating forms (humiliation, insult), accusations against the child (swearing, screaming), belittling of his successes, rejection of the child, violence against the spouse or other children in the presence of the child, and etc.

Sexual abuse of children- any contact or interaction in which a child is sexually stimulated or used for sexual stimulation.

Failure to fulfill the obligation to educate minors with cruel treatment entails liability, which is enshrined in Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill or improper fulfillment of duties for the upbringing of a minor by a parent or other person entrusted with these duties, as well as by a teacher or other employee of an educational organization, medical organization, organization providing social services, or other organization obliged to supervise the minor, if this the act is accompanied by cruel treatment of a minor, is punishable by a fine in the amount of up to one hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred forty hours, or by correctional labor for a term of up to two years. , or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years or without it.

If violence is detected, you must do the following:

In case of physical violence, immediately record the beating in a medical facility.

Speech at a meeting of the city “School for Parents” 12/11/2012.

On the topic: “Legal protection of the child

from abuse and domestic violence"

Often, recently, the media have reported on another fact of violation of the rights of a child in a family or in an educational institution. The reason is not the absence of laws, but their application. It is difficult for many adults to understand and accept that a child is an equal person with rights, and his rights, like the rights of any person, must be known, respected and not violated. Sometimes they do not know the Convention on the Rights of the Child, they do not know the content of the articles, and therefore cannot implement them in life. Our task today is to introduce you to the main regulatory documents on the protection of children's rights.

The main international documents relating to children's rights include:

2.UN Convention on the Rights of the Child;

3.World Declaration on the Survival, Protection and Development of Children.

In Russian legislation, legal documents guaranteeing the child’s right to protection from abuse include the Constitution of the Russian Federation, the Family Code of the Russian Federation, the Laws of the Russian Federation “On Education” and “On Basic Guarantees of the Rights of the Child in the Russian Federation,” the Criminal Code of the Russian Federation and others.

Constitution of the Russian Federation, 1993(as amended June 9, 2001).

Article 17, part 3 . The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others.

Article 21, part 2 No one should be subjected to torture, violence or other cruel or degrading treatment or punishment.

Article 38, part 2 . Caring for children and raising them is an equal right and responsibility of parents.

Federal Law of July 24, 1998 No. 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation”

Article 14 The law states that abuse of children, physical or (as amended on July 20, 2000) psychological violence against them is prohibited.

Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”(as amended December 27, 2000)

In article 5 the right of children studying in all educational institutions to “respect for their human dignity” was affirmed.

Article 56 administrative punishment is provided for teaching staff for committing physical or mental “violence against the personality of a student or pupil.”

Federal Law “On the Basics of the System for the Prevention of Neglect and Juvenile Delinquency” (No. 120-FZ dated June 24, 1999.) defines the concept of “neglected – a minor whose behavior is not controlled due to non-fulfillment or improper fulfillment of duties for his upbringing, training and (or) maintenance on the part of his parents or legal representatives or officials.” The law classifies street children as street children who do not have a place of residence and/or place of stay.

As a special object of social influence, including individual preventive work, the law identifies “families in a socially dangerous situation,” to which it classifies two categories of families:

Families with children in a socially dangerous situation;

Families where parents or legal representatives of minors do not fulfill their responsibilities for their upbringing, education and (or) maintenance and (or) negatively influence their behavior or abuse them.

In the system of internal affairs bodies, special units for juvenile affairs (PDN) have been created, whose responsibilities are charged with identifying and preventing illegal acts against minors by their parents (legal representatives) who do not fulfill or improperly fulfill their duties in their upbringing, education and content that negatively influences the behavior of children, involves minors in committing crimes or antisocial acts or abuses them or commits other illegal acts against children.

Family Code of the Russian Federation of December 29, 1995 No. 223-FZ(as amended on January 2, 2000):

Article 54 “The right of a child to live and be raised in a family” affirms the child’s right to respect for his human dignity.

Article 56 is dedicated to the child’s right to protect their rights and legitimate interests. Such protection must be carried out by his parents or persons replacing them, as well as by the guardianship and trusteeship authorities, the prosecutor and the court. At the same time, the child also has the right to protection from abuse by his parents. Thus, before he turns 14 years old, he has the right to independently apply to the guardianship and trusteeship authorities and other organizations for the protection of the rights of the child, and after 14 years - to the court.

In accordance with Article 65When exercising parental rights, parents do not have the right to cause harm to the physical or mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law.

The Family Code provides for “deprivation of parents of parental rights” (Article 69) or “limitation of parental rights” (Article 73) as measures to protect children from abuse in the family.

Article 77 provides that if there is an immediate threat to the life and health of a child, the guardianship and trusteeship authority has the right to immediately take him away from his parents (one of them). This article is intended to address such situations when there is a danger to the child from the parents. It does not matter whether the negative consequences of such a danger have occurred or not, the main thing is the presence of its signs. Only guardianship and trusteeship authorities can use such a measure to protect the rights and interests of the child, for which the implementation of such a measure is a professional responsibility. They are obliged to take away a minor in the event of an immediate threat to his life or health, not only from his parents, but also from other persons in whose care he is.

Deprivation of parental rights is an exceptional measure that is applied in cases where it is no longer possible to change the behavior of parents for the better (Article 69 of the Family Code) if they:
- evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
- refuse, without good reason, to take their child from a maternity hospital or other medical institution, educational institution, social welfare institution or from other institutions;
- abuse their parental rights;
- children are treated cruelly, including physical or mental violence, and attacks on their sexual integrity;
- are patients with chronic alcoholism or drug addiction;
- committed a deliberate crime against the life and health of their children, or against the life or health of their spouse.

Criminal Code of the Russian Federationprovides liability for child abuse:

– for committing physical and sexual violence, including against minors (Articles 106-136);
– for crimes against family and minors (Articles 150-157).

Thus, protecting the rights of the child and ensuring compliance with the legal framework requires the participation of everyone: parents, teachers and simply people living next to the child.

According to psychologists, this includes intimate caresses, the use of a child for sexual stimulation of adults, sexual stimulation of a child, sexual exploitation (production of pornography), and rape itself.

Alas, we will have to dispel the myth about evil maniacs: statistics prove that the most common scenario is violence by an adult family member or family friend against a teenage girl.

In total, family members (stepfathers, uncles, brothers, fathers, grandfathers) account for 35–40% of rapes. Another 40–50% of cases occur due to the fault of family members entering the house. That is, in 90% of cases the perpetrator is well known to the child, and only 10% of rapes are committed by strangers.

That is why only a small part of crimes “floats to the surface”; in most cases, children simply remain silent

The smallest victims are silent because they do not understand what happened to them (or they consider this the norm - after all, this is what a loved one does).

Growing up, they realize that something unacceptable is happening, but older children and adolescents, in cases of domestic violence, also, alas, remain silent - because they are afraid and ashamed; because they do not believe that they will believe them; because they are afraid of destroying the family and hurting someone dear to them.

Another myth about rapists is the myth about their frightening, criminal appearance. Unfortunately, this misconception is dangerous because children wait for ominous signs in advance and may not wait until the rapist takes action. To protect a child from sexual abuse

It is imperative to explain to your child that you should never:

Approach strangers closer than a meter, especially if they are in a car;
- enter the elevator with an unfamiliar adult or enter the entrance at the same time as him;
- go alone with an adult, either a stranger or a stranger, to a familiar or unfamiliar place, under any pretext: to see/take as a gift/help cure a puppy or kitten, take a package for dad, help with some household detail , lead and show the street or house;
- get into a car with friends, and even more so strangers, even if they say that “dad/mom is in the hospital and you urgently need to come” (you need to explain to the child that it would be a good idea to call dad/mom first and find out if everything is okay with them is fine, and if you can’t get through by phone, go with a well-known adult, preferably a woman: a neighbor, the mother of a school friend);
- no one except the doctor at the appointment (with the consent and in the presence of the parents) should be allowed to touch one’s genitals; and even more so, you should not touch any of the adults or older children, even if they asked for it and even if they say that “all children do this” or, on the contrary, “now you will learn something that none of them knows or can do yet.” your peers."

And you also need to explain to the child that if he was attacked, deceived, intimidated and did everything that he had no right to do, he should tell about it to those you trust and as soon as possible!

Often children are hesitant to tell their mother about the actions of their stepfather, father or grandfather for fear that the mother simply will not believe it, or because it will be too heavy a blow for her.

However, if the mother or someone close to him is the first to talk about these dangers, the child will understand that in case of trouble, this is the adult who can be trusted. Alas, there are many cases when mothers are quite aware of what is happening, but either pretend that they know nothing, or even give up on it - which is not uncommon in asocial families.

In this case, the child will be very lucky if he meets someone on his way (neighbors, teachers, parents of friends) who explains that this trouble can and should be addressed to the police, the guardianship authorities, and psychological services.

Sexual violence against minors is becoming more and more common in modern society. It begins gradually and can last for more than one year.

Often the rapist is older and stronger, knows the victim well, the child trusts him or is dependent on him, and sometimes truly loves him, so it is difficult for him to inform someone about the violence. The child is also shy, afraid that they will not believe him, and he is not always fully aware of what is happening.

A teenager's sexual safety directly depends on caution in contacts with strangers In principle, every child is trusting and open, and adults themselves tell children that they need to listen to them and not ask too much. The attention of elders is pleasant for every child, especially if he lacks it at home. Thus, he becomes easily accessible to rapists, who achieve their goal with cunning and threats, cheap gifts, and sometimes with their authority and the child’s dependence on them.

A child will be able to avoid getting into trouble if he clearly understands and always remembers what to do when he finds himself in a situation that is dangerous for him. He must understand that his body belongs only to him.

Even a child needs to be explained that if he does not agree, no one should touch intimate parts of the body, only if necessary. Also, he should not touch the private parts of others.

We need to make sure that the child trusts his feelings and intuition, so as not to get into trouble, and distinguishes between touches on his body.

He needs to be taught that there is good touch.

The touches of loved ones are usually good and pleasant. And there are bad touches that cause harm, which are unpleasant to remember. There are also embarrassing touches. They may start well, but then cause unpleasant excitement, and then they can cause pain, or they are the touch of strangers or secret intimate touches.

If this happens, then the child needs to directly refuse the offender, try to run away from him and tell about what happened to a person he trusts (best of all, if it is his parents).

He should explain that adults need to be respected, but no adult has the right to demand submission from him just because he is older, this can end in disaster. But every child has the right to personal privacy.

It is necessary to develop the correct tactics of behavior if one’s integrity is violated

The task of parents is to build a relationship with their own children in which they can calmly discuss all their problems and difficulties with them. They are obliged to provide support to the child when he refuses to kiss or hug an adult, even a close one, if he does not want to.

You should be patient and be able to listen carefully to your children’s stories about their lives and friends, ask them yourself and strive to ensure that they share all their experiences.

The child’s relationships with people around him, in particular with those who are older, should not be a secret to parents. Mutual trust in the relationship between children and parents, attention and patience will help you avoid getting into trouble.