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Polish law on child smacking now vs. pre 2010


Ant63 11 | 403
20 May 2011 #1
I understand the law in Poland changed in August 2010 and smacking of children is now prohibited.

I need to know if it was legal to use a belt on a child aged 5 in 2009? It would be useful if someone could point me in the direction of the appropriate legal artilcles if they exist. I have read a translated version of the Family and Guardianship code from 1965 but I cannot believe this was current up until 2010, regarding child welfare. I don't speak Polish but my partner does.
delphiandomine 85 | 18,254
20 May 2011 #2
There are plenty of Communist era laws still in force, so that's not much of a surprise.

But I cannot imagine it was legal to use a belt in 2009 - that much, I can tell you for free.

If your partner speaks Polish, then ask on forum prawne.
z_darius 14 | 3,968
20 May 2011 #3
apparently, smacking a child can be a part of educational process

But I cannot imagine it was legal to use a belt in 2009 - that much, I can tell you for free.

why not?
delphiandomine 85 | 18,254
20 May 2011 #4
apparently, smacking a child can be a part of educational process

Yeah, according to people who feel the need to overpower children.

why not?

Because the Communist era laws, as written, provided a hell of a lot of protection and were somewhat ahead of their Western counterparts.
z_darius 14 | 3,968
20 May 2011 #5
Yeah, according to people who feel the need to overpower children.

Chief Justice Beverley McLachlin stated that under Section 43, criminal law does not apply when force "is part of a genuine effort to educate the child, poses no reasonable risk of harm that is more than transitory and trifling, and is reasonable under the circumstances."

Spanking by parnets in UK is legal too.

Because the Communist era laws, as written, provided a hell of a lot of protection and were somewhat ahead of their Western counterparts.

The protection of children in schools was certainly way ahead of the West, not only in corporal discipline. The by-laws were described in early 1970's in what was called "Kodeks Ucznia" (Pupil's Code). Is it still in force, or did the democratic processes manage to get rid of it?
delphiandomine 85 | 18,254
20 May 2011 #6
Chief Justice Beverley McLachlin stated that under Section 43, criminal law does not apply when force "is part of a genuine effort to educate the child, poses no reasonable risk of harm that is more than transitory and trifling, and is reasonable under the circumstances."

Or in plain English - nothing that leaves a mark?

The UK law actually seems pretty sensible - the act itself isn't prohibited, but leave any sort of mark and you'll get prosecuted for it.

The protection of children in schools was certainly way ahead of the West, not only in corporal discipline. The by-laws were described in early 1970's in what was called "Kodeks Ucznia" (Pupil's Code). Is it still in force, or did the democratic processes manage to get rid of it?

I think it's still in force - when you look at it, the actual laws passed by the Communists were terribly progressive for the time. I actually know one lawyer who praises a lot of the PRL law as it's written, simply for being detailed and very clear.
z_darius 14 | 3,968
20 May 2011 #7
I think it's still in force

as a kid I really appreciated this little booklet. No two major tests on a single day, and a week advance notice was required, no name calling etc.

when you look at it, the actual laws passed by the Communists were terribly progressive for the time. I actually know one lawyer who praises a lot of the PRL law as it's written, simply for being detailed and very clear.

The theory was great indeed. They often are. Sadly, a lot of these rules end up being purely theoretical regardless of the political system.


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