_Illegitimacy and Child-Protection._--The mortality and the
criminality of illegitimate children are important elements in
general mortality and general criminality; they are closely dependent
upon the legal position of illegitimate children, and one of the
principal aims of child-protection is to diminish criminality and
mortality. For these reasons, the legal position of illegitimate
children exercises a decisive influence in determining the methods
and the intensity of child-protection. The history of illegitimate
children would, as a rule, be even more tragic than it is, if
the community at large and the State intervened only in order to
counteract the disadvantages resulting from the inferior legal
position of illegitimate children, and if no attempt were made to
undertake the work of child-protection from the point of view of
criminal law or from that of local administrative activity. But when
we study the position of child-protection in the individual countries
of Europe, we see at once that that position is influenced mainly
by one consideration, namely, the legal status of the illegitimate
child. Numerous and important branches of child-protection--the
care of foundlings, for instance--are concerned chiefly with
illegitimate children; and in other departments of child-protection
the protection of the illegitimate must be more vigorous than that
of the legitimate. But the more unfavourable the legal status of the
illegitimate child, the more energetic must intervention be from the
side of criminal law and from that of local administration, not only
for the protection of the illegitimate themselves, but also for the
protection of society against the illegitimate. Where the status
of the illegitimate child is a favourable one, the importance of
child-protection by means of criminal law and local administrative
activity is much less than elsewhere.
The Teutonic and the Latin methods of dealing with illegitimate
children are distinguished by the fact that in the Teutonic States
inquiry into paternity is permitted, whilst in the Latin States
it is forbidden. Where the Latin system prevails--that is, where
inquiry into paternity is forbidden--as in France and Italy, the
local authorities find it necessary to board out more children than
in those countries in which the inquiry into paternity is allowed;
for in the latter a larger proportion of unmarried mothers secure an
allowance for maintenance from the fathers of their children, and
for this reason more illegitimate children are boarded out directly
by the mothers. An assimilation of the legal status of legitimate
and illegitimate children would obviate numerous evils, so that a
few paragraphs in the code of civil law would render superfluous a
considerable proportion of the child-protection now dependent upon
criminal law and local administrative activity.
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