The Scope of the State’s Civil Liability toward Children Who Have Suffered Harm, with Emphasis on Judicial Practice

Abstract

Due to their particular physical, psychological, and social circumstances, children require special and effective protection by the State in various areas, including health care, education, justice, social services, and welfare. Accordingly, the State’s preventive and protective measures toward children are not merely ethical in nature; rather, they constitute legally binding obligations, and failure to fulfill such obligations may result in harm and, consequently, give rise to civil or criminal liability claims against the State. Since the civil liability of the State toward children who have suffered harm is recognized as part of the fundamental obligations of States in contemporary legal systems, the present study, employing a theoretical-analytical method and drawing on library-based sources, legislation, international instruments, legal doctrine, and judicial practice, primarily seeks to elucidate the scope of such liability in the protection of children. The findings indicate that States’ obligations in this regard are not limited to compensating for harm after it has occurred; rather, they also encompass policymaking and legislation, the establishment of protective mechanisms, the training and supervision of public officials, coordination among responsible institutions, early identification and intervention, and the adoption of protective measures. Furthermore, compensable harm in this area includes non-pecuniary damage, medical expenses, rehabilitation costs, psychological and social support, and other restorative measures consistent with the best interests of the child. A comparative examination of the issue further confirms that, in contemporary legal systems, the scope of the State’s civil liability toward children is increasingly developing toward a broader interpretation of the State’s preventive, protective, and compensatory measures.