Criminal Liability Arising from Depriving a Child of Nutrition and Education

Abstract

Child protection is a key criterion for the application of social justice, particularly concerning the provision of essential needs such as nutrition and education. These are among the most important aspects of economic and social rights, and constitutions and penal codes provide criminal protection for these groups. Nutrition and education are fundamental rights for a child's physical and mental development. Education sometimes plays a significant role in a child's acquisition of positive character traits. Criminal liability is established based on gross negligence and the unlawful failure to perform a legal duty incumbent upon parents. Furthermore, international conventions protect children's rights, including the right to adequate food and compulsory education. The consequences of deprivation include delinquency, crime, and social marginalization, justifying the intervention of criminal law to protect children. The research problem lies in the legislative shortcomings in defining the age at which a child is criminalized, and the ambiguity of the texts in determining who is legally, customarily, or contractually obligated. We arrived at a number of conclusions and recommendations, most notably that the crime of depriving a child of nutrition focuses on young children who cannot meet their basic needs independently. It is essential to amend the legislative texts to include all children without exception.