Since 2000, in Germany, it has been completely forbidden by law to beat children (and they even have the right to complain about their parents), although back in 1982 the same Civil Code allowed them to be slapped with the palm of your hand. About other aspects of the "children's" legislation in Germany tells our regular author Elena Say, who is now studying in Berlin as a teacher.
I started my two year training after three years in Germany. I knew German very poorly then, while preparing my homework I translated every second word in the textbook. My favorite subject could well be art, where we sculpt vessels from clay and draw watercolors. Or music, where we learn songs in English, German and Hebrew. Or, at worst, movement and sports, where in practice we analyze outdoor games for children of different ages.
But still, the favorite became law. Despite the fact that it is still difficult for me to wade through legal terms in German, I love to read German laws. I want to talk about some of them.
Children must not be beaten
Paragraph 6131 of the German Civil Code states: “The child has the right to education without violence. Physical punishment, mental trauma and other degrading measures are unacceptable. ”
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This means that since November 2000, children cannot be beaten. No way. At all. Even a single slap - by singing, by hand - is regarded as a physical punishment, which is prohibited. In this case, the child may complain about the parents. And any person passing by or a neighbor, if he sees a parent spanking children, can also complain about him.
Our teacher said that just in 2000 she began her studies at the university. And the expression on the professor’s face when he ran into the audience with the words “A historical law has been adopted in Germany today!”, She will remember for life.
Back in 1982, the same law stated that physical punishments are permissible if they correspond to the severity of the child’s misconduct
The parents themselves were entrusted with determining the severity of the misconduct. But the law still somehow protected the interests of the child. For example, he was allowed to be beaten only with the palm of his hand, and in no case with objects.
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Why? Because in this case, the child is equated with animals that are hit with objects. But if he was taller and stronger than his parent, then he could, as an exception, be beaten with sticks, a hose, an umbrella, a cane. Just imagine how much progress German law has made in 18 years!
All children must go to school
The most controversial and debated of the "children's" laws in Germany is the school service law, or Schulpflicht. In different lands, it was taken pointwise starting from the 17th century. It has been operating throughout the country since 1919. What does this law mean?
At 6 years old (in some cases related to health, at 7 years old), the child should begin to study at school. The difference from Russian legislation is that in Russia a child must begin education: whether it is at school, at home, it does not matter. And in Germany, the child should leave the house, come to school and sit at the desk. There are no home schooling options in Germany.
Read also:
Homeschooling, Unskilling, or Remotely: Six Ways to Study at School
Initially, the purpose of the law was to protect children, since a hundred years ago, many already in 7-8 years were engaged in heavy physical labor. The child was not sent to school, because the family needed extra working hands. The law on school service guaranteed to everyone the right to graduate from high school. From the point of view of the development of society, this was a huge step forward, because even today in some countries there is a struggle for the right of girls to finish at least first grades.
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On the other hand, this law does not take into account individual cases when the child is really better to study at home. For example, he is seriously ill, cannot move and take care of himself, it is difficult for him to be indoors with other children for several hours a day. In any health condition, with any diagnosis, children in Germany must attend school.
For children with severe disabilities there are special classes accompanying, special conditions. But Schulpflicht nonetheless extends to them.
Or, for example, over-born children who go through three years of school curriculum in one. They want to study at home, take exams externally. And parents are happy to do this. But no, you can’t. The child must go to school.
In the law lesson, we were told about the case when a German professor's family went to court trying to get permission to educate the child at home, but in the end nothing came of it. He was required to attend school. And the family moved to another country where there is no school duty.
And what a moan and cry is in parent groups, chats and forums on the eve of a long school vacation! Airplane tickets the day before the start of school holidays can cost 100 euros less than the day after the holidays begin. If there are more than two children in the family, then the desire of the parents to fly out at least a day early and save a significant amount is quite understandable.
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