Tjelesno kažnjavanje djece - zakonodavstvo i praksa u Bosni i Hercegovini
Corporal Punishment of Children - Legislation and Practice i Bosnia and Herzegovina

Author(s): Maja Čolaković, Ramajana Demirović
Subject(s): Law, Constitution, Jurisprudence, Studies in violence and power
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Physical integrity; Health; Children's rights; Parent School;
Summary/Abstract: Corporal punishment of children is the most common form of violence against children which is in many countries still legal and socially justified. As child - rearing and disciplinary method it is applied in the family, alternative care and educational institutions. In some legal systems, it has been incorporated into the judicial system as a type of criminal sanction or educational method in institutions for the execution of criminal sanctions. Corporal punishment of children deeply affects their personal goods : life and bodily integrity, human dignity, freedom, etc. In states where it is allowed, it violates the constitutionally guaranteed right to equality before the law and equal protection of all human beings. The decades - long campaign for a legal ban on this negative phenomenon, conducted by international and regional organizations for the protection of human / children's rights, has had a positive impact on changing public awareness and eliminating corporal punishment in many countries. In this regard there is a gap between legislation and practice in Bosnia and Herzegovina. Corporal punishment in the family and educational institutions is explicitly or indirectly prohibited and punishable, but practice shows that it is still widespread and generally accepted as child - rearing and disciplinary method in the family. The paper will analyze the legislative solutions to this issue in comparative and national law, and explore legal and social practice in some countries, in order to emphasize the need for its legal reform in Bosnia and Herzegovina and the need to conduct comprehensive education of its citizens on the harmfulness of corporal punishment for development the child's personality and the exercise of their rights.

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