The challenge of balancing the rights of parents, children and the state in Germany

Introduction Following serious cases of child maltreatment, the public discussion in Germany had not only focused on the perpetrators but also on the actions of the social workers, which could not prevent the maltreatment. At... [ view full abstract ]

Introduction
Following serious cases of child maltreatment, the public discussion in Germany had not only focused on the perpetrators but also on the actions of the social workers, which could not prevent the maltreatment. At the same time, in some cases the state authority has been criticized for intervening into the life of families – especially in cases where a child was placed outside the home. Balancing the rights of parents, children and the state are not only challenges for the individual case worker, but also for overall policies and the legal framework in child protection.

Research question
What key principles are used in the German legal framework and policy to balance children’s and parent’s rights as well as the relation between state and private life?

Method
The development of the legal framework and policies on child protection in Germany are analysed in the context of the public discourse in the most recent years. A special emphasis is put on the right of the state to intervene into family life in order to ensure the best interest of the child.

Results
In Germany, the term child protection is used in a broad and a more narrow sense: the first, including also low threshold preventive measures, the second, referring to cases in which a child is at risk of being maltreated. Yet, the two approaches are linked, with a high value of offering help and support to families in which the well-being of the child is endangered. Only in cases where help has been offered unsuccessfully or where help is very likely to not prevent child endangerment, compulsory intervention in the parental rights is possible. Legal regulations on the handling of investigations following reports about (suspected) maltreatment stress the importance of working together with the family furthermore, but also facilitate the collaboration between different professional groups in order to ensure the protection of the child. Further supported by the media coverage of fatal child abuse cases, the regulations regarding child endangerment have shifted to a slightly more interventionist approach compared to a more preventive approach and a focus on early help in the 1990s. Nevertheless, the German child protection system aims to help parents to adequately raise their children as growing up within his or her own family is seen as an important aspect of child well-being.

Discussion
Law and policy provide a framework for the practical work with families and children; yet in Germany stemming from the federal structure of the political system as well as provision of support by the state authority as well as non-governmental organizations, there is a diversity of support measures and approaches in different regions, strength but also a weakness of the system.