Breach of duty of care of parents towards their childeren and possible consequences
PhD student: Mrs N.H.G. de Vries
Promotors: Mrs Prof K. Boele-Woelki, Prof I. Giesen
Duration: 1/1/2007 - 31/12/2009
The upbringing of children is a growing social concern. At present Europe struggles with problems with regard to the safety, health and education of children, for example child mistreatment, early school leaving and obesity of children. The adverse consequences not only for the child but also for society are generally acknowledged. The problems can be caused by several factors, but the common denominator is a deficit in the upbringing of children by their parents. At the moment the upbringing of children is controlled by criminal law and youth protection law, but the law fails to solve the problems. This research investigates whether the applicability of tort law on parent-child relationships can contribute to ensure a better protection of children. A comparative law method will be used to investigate the possible use of tort law in the Netherlands, England and Germany. Pedagogical, sociological and psychological research will be used to evaluate the desirability of the use of tort law on parent-child relationships. It will be a pioneering research in the sense that it is intra-disciplinary (combining family law and tort law) and inter-disciplinary by combining law and research in the field of pedagogy, psychology and sociology.