Neglect And Abuse Towards Children

Neglect and abuse towards children is a controversial contemporary issue in today’s society as the perceptions regarding the care and protection of children are constantly shifting. However the main purpose of the law remains “the best interests of the child”. The Family Law Act 1975 (Cth) defines family violence as “any action or threat of violence by one family member against another, including witnessing that action or threat, that causes fear or apprehension about personal safety”. The amendments to the Act endeavoured to ensure that children are protected from both direct harm and from harm resulting from exposure to family violence. The presumption of equal shared parental responsibility does not apply if there is a risk of child abuse
This convention recognises the fact that children, because of their vulnerability, need special care and protection and it places special emphasis on the primary caring and protective responsibility of the family. Under international law, CROC states that persons under the age of 18 must be protected from violence, discrimination, exploitation and neglect. The care and protection of children are no longer matters for parents to decide. Children have greater rights and awareness. This is evident in the case of Marion in 1991. Marion’s parents had applied to the family court for authorisation to permit their daughter to have a hysterectomy on the belief that it would relieve the stress of menstruation and effects of the hormones on her behaviour. Marion was 13 years old with an intellectual disability; she was severely deaf, suffered from epilepsy and other physical disabilities. By a majority a full sitting of the High Court decided the Family Law Act (1975) gave Marion’s parents the responsibility to authorise a sterilisation without a court order. However the case was appealed and the High Court reversed the decision, stating that the parents would need a court order to authorise the
This legal change was necessary and effective in protecting the rights of children in regard to abuse. Parents and carers who physically mistreat their children can be charged under this law. In the article “Smack the Child, Go to Jail, Parents Pressured” (SMH) Australian courts have gone further, banning parents from physically disciplining their children altogether. The family court last year restrained a mother from using physical punishment against her children aged 9, 10 and 12. In a 2007 case where a father smacked his 3-year-old son for refusing to pick up his toys, Justice Mark Le Poer Trench said “there can be no defence of corporal punishment for young children in an advanced Western civilised society.” Similarly in June a forty-two year old Darwin father was reportedly fined $1000 for smacking his five year old daughter with a belt four times on the bottom. “In the modern age, physical punishment of children is seen to be barbaric” the Magistrate