_Child-Protection and the Family._--An overwhelmingly large
proportion of child-protection to-day is mainly concerned with
cases in which children have (in one sense or another, materially
or morally, permanently or temporarily, wholly or partially) been
abandoned by their parents. Such cases are those in which: (_a_)
the parents are unable to fulfil their duties, on account of lack
of means, illness, or absence; (_b_) the parents are unwilling to
fulfil their duties; (_c_) the parents make an improper use of their
parental authority. But certain children also need protection from
the community who cannot in any sense whatever be said to have been
abandoned by their parents; and it is altogether erroneous to suppose
that the idea of “child-protection” has reference solely to abandoned
children. The child is born in a state of complete helplessness, and
is unable to protect itself, not only immediately after birth, but
for a considerable time afterwards. It lacks the requisite organs for
self-protection, it lacks power, and it lacks instinctive knowledge.
For these reasons, if our legal system makes provision for the
protection of adults, _a fortiori_ must it do so, and to a greater
extent, in the case of children. From all these considerations it
follows that the most important relationships of child-protection
are not, as is commonly assumed, with criminal law and with local
administrative activity, but with civil law and individual rights.
The kind and degree of child-protection, depend chiefly upon the
mutual relationships existing between the State and the family. The
institutions of child-protection, in so far as they are associated
with civil law and individual rights, will, as a rule, be found to
be preventive in character; institutions based upon criminal law, on
the other hand, commonly exhibit punitive and repressive tendencies,
as will become apparent when a number of concrete instances are
studied. If the legal relationships of family life undergo changes,
the methods of child-protection will also be transformed.
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