Prawna odpowiedzialność rodziców za zaniedbania wychowawcze (zagadnienia wybrane)
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Date
1985
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Wydział Prawa i Administracji UAM
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Selected problems of the parental legal responsibility for the negligence in education
Abstract
Improper exeercising of parental authority becomes a subject of legal intervention
whenever interests of a child are threatened or infringed upon. In that
situation there is a competence for intervention actualized in the guardianship mode. In particular cases though, improper excercising of parental authority, including
educational obligations can result in a criminal responsibility of parents.
Criminal responsibility of parents for negligence in education (upbringing) is
not regulated directly in Polish Penal Code (P.C.). Only some forms of depravation
of children eg. in the sphere of sexual life, or inducing children to drink heavily,
are penalized. There is also a possibility provided of deciding an additional penalty
of depravation of parental rights in case of conviction for a crime perpetrated to
the detriment of a minor, with minor's cooperation or in circimstances being
a demoralizing example for a minor (art. 41 P.C.).
The basic regulation of penal law protecting a child against educational negligence
is found in art. 105 of Code of Pety Offences. It provides that anyone
admitting a minor to commit an act forbidden by law as a crime or petty offence
and indicating at demoralization, by means of flagrant breaching of obligations
resulting from parental authority is subjected to criminal responsibility for a petty
offence. In practice that norm does not play any substantial role.
Civil liability of parents for lack of supervision upon a child who caused
damage is also possible. The new measures against parents for the improper
excercising of educational duties to the child who demonstrates demoralization or
perpetrates a penalized act were introduced in the Act of October 26, 1982 of
Proceeding in the Cases of Minors. It provides a possibility of obliging parents to
redress a damage caused by the minor and of notifying their employers and
organizations they are members of if the parents or a guardian permit the childs
demoralization in course of their committed non-fullfillment of duties towards the
child. The Act provides also a possibility to inflict a fine of 500 - 5000 zł upon the
parents if they are seeking to avoid performing obligations set on them by family
court. There is also a general principle introduced of having costs of proceedings
in a case of minor incurred by his parents.
Handling a problem of parental responsibility in the Act can raise many
doubts. These are still fostered by the regulation of these corrective measures
which consist in taking a child away from his natural milieu. They can be considered
as such an extensive intervention in the parental authority that one can
easily view them as a concealed form of parental responsibility for an improper
conduct of their child.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 1, s. 111-128