Controlling the Exercise of De Facto Parental Power Under the Criminal Code for the Best Interests of the Child: A Comparative Study of Thailand, England, and Germany

Abstract

Currently, the criminal measures to protect children from exercising parental power in foreign countries are considered child protection, covering the actions of the exercise of parental authority, both de facto and de jure, in ways that prioritize the child’s best interests. At the same time, the protection of children from the abuse of parental authority in the Thai legal system remains inconsistent or confusing in enforcing laws for child protection, especially on the issue of offenses affecting children’s lives, bodies, and freedoms.

The research objective is to study the de facto control of parental power approach under the Criminal Code and to find an appropriate way to improve the criminal measures, to protect children from the exercise of de facto parental power to be appropriate and consistent with the child’s best interests and the context of Thai society. The article analyzes the theories, principles, and provisions relating to protecting children from the exercise of de facto parental power, including a comparative study of criminal law in England and Germany.