"Put children's interest first," a Beijing district court tells divorcees. (Photo : Reuters)
A new government regulation released on Dec. 23 strips custody rights of parents who sexually molested or abandon their children. This is in line with the Chinese government's objective to stop violence against minors.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs jointly issued the guideline on the handling of guardians who infringe upon the rights of children or use violence against them. Apart from the previous condition, parents who sell their children will also lose all legal and custody rights.
Hu Yunteng, a member of the judicial committee, said that "legal guardians abusing their children has become a severe problem in society."
An incident occurred in Nanjing's Jiangning District on June 2013, where two girls aged 2 and 4 died of starvation when their mother abandoned them. The father was then currently in jail. Local media reported that the mother was a drug addict.
The guideline states several instances for the court to decide whether parents or guardians can relinquish custody. These include abandonment or non-performance of responsibilities for more than six months.
Guardians with gambling, drinking and drug problems cannot assume guardianship. Legal guardians who force their subjects to beg will also lose custody rights.
In addition to these, next of kin or relatives of abused children can request the court to require the guardians to give up their rights to custody. Relatives who request this must assume responsibility and custody rights. Civil affairs officials must assume guardianship for children without appropriate guardians.
Hospitals, schools, residential committees and social services groups are required to report children abuse to the authorities.
The guideline also stipulated that the police must take charge in taking the children away from their guardians when danger is imminent, and to transfer the children to the custody of civil affairs authorities.
Director of the Civil Affairs Ministry's social affairs division Zhang Shifeng said that the government will have to increase the capacity of child care centers to assume the responsibility of sheltering children without court-appointed guardians.
Zhang admitted that the nationwide number of child care centers is not enough. He also said that some counties with no child care centers are forced to offer protection to minors even though they do not have the necessary resources.
Zhang also stated that the guideline aims to counteract the Chinese long tradition that gives parents and guardians right to beat their erring children.
