LEGAL RESPONSIBILITY FOR PUBLIC ADMINISTRATION IN CHILDREN’S NEGLIGENCE AND ABUSE
ÇOCUK İHMAL VE İSTİSMARINDA KAMU YÖNETİMİNİN HUKUKÎ SORUMLULUĞU

Author : Polat TUNÇER
Number of pages : 162-187

Abstract

Child abuse has been observed in many cultures throughout human history, and is a universal public health problem with various and complex reasons and serious results. Some traumatic behaviors during childhood period affect physical, cognitive and emotional devel-opments in a negative way, and cause serious injuries, disabilities and even to death. In recent years, although it is emphasized in a sensitive manner in our country as well as in the whole world, the issue still keeps its seriousness as a social and medical problem because of reasons like the lack of a database system and difficulties in diagnosis of this issue being kept as a secret and not reporting it. The abuser being an individual from the family, and complex moral and legal requirements make it difficult to catch and punish the abuser. It is extremely important that children who have great shares in the future of a society are protected in terms of physical and spiritual health. No matter what the type of child abuse is, it is necessary that such events are considered with multidisciplinary and holistic approaches. Great responsibilities await healthcare staff, teachers, specialists working in this field and managers in protecting the children from such behaviors that damage the body and spiritual health in a serious manner. Detecting the children who are exposed to abuse, determining the risk groups, and activating the precautions for abuse are among the important steps in this field. In this context, important responsibilities and duties await public administration, because a healthy society depends on raising children in a healthy manner in bodily and spiritual man-ner. The public administration is responsible in the first degree to form the human resources of the future, and to prevent the abuse and neglect of children who will contribute to the economic power of the country. Forming social policies to prevent the neglect and abuse of children, ap-plying them, making analyses on these applications, and determining the precautions to be taken are among the major duties of the public administration. Because, the power that will apply the required legal sanctions in this field, create the social conscious and sensitivity, and ensure the cultural transformation is the public administration. In our Constitution (Item 41), the responsibility to protect children is given to the public administration. However, the issue of whether the public administration fulfills the responsibil-ities and duties in this field in a satisfying manner. The public administration must keep the records in the field of child abuse and take the required precautions to monitor these events. The awareness of families and the society is also as influential in reducing such events as legal sanctions. Although it is one of the most important topics discussed frequently in our present day, the part that is brought to the agenda and that become noticed is only the visible part of the great iceberg. The support and power of the public administration are required in this field in our country, which is the situation in the whole world. However, when the events and attitudes that appear today are considered, it is extremely difficult to claim that the works in this field are adequate. In addition, reporting the neglect and abuse towards children is a moral and legal re-sponsibility. Each case that is not reported and not intervened will cause psychological problems both in the short and long term, and leave permanent traces in the lives of individuals. In brief, there are a lot to plan and do both in the field of legal sanctions and social awareness. This is one of the most basic duties of the public administration.

Keywords

Child abuse, public administration, criminal law,

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