Legal rules establishing the obligation to report child abuse and neglect

Legal rules establishing the obligation to report child abuse and neglect:

• Article 23 of Law 3500/2006 mandates that teachers at public or private educational institutions, as well as at all types of Preschool Education Units, who become aware or are informed that a crime of domestic violence has been committed against a minor, have an obligation to report it to the school's director, who must then immediately report it to the prosecutor or the police.
• According to Article 37 par. 1 of the Code of Criminal Procedure, investigative officials who are informed of a punishable act (child abuse and neglect constitute criminal offenses!) that is prosecuted ex officio must immediately report it to the competent prosecutor.
• Also, under paragraph 2 of the same article, all public employees and those temporarily assigned public service duties have the same obligation regarding offenses they become aware of in the course of performing their duties.
• Even private individuals who themselves witness a punishable act prosecuted ex officio are obliged to report it to the misdemeanor prosecutor or to any investigative official in cases provided for by law (CCP 40§1) (e.g., concealment of a felony, below). If more than one person becomes aware of the act committed, each is individually obliged to report the punishable act (CCP 40§3).
• In particular, the concealment of a felony [e.g., serious bodily harm to a minor, deliberate (intentional) bodily harm, rape, incest, abuse of a minor for indecent acts, seduction of a child, procuring, indecent acts with a minor in exchange for payment], which someone has learned in a credible manner is happening or is being planned, constitutes a criminal offense (Penal Code 232 §1).
• The professional's responsibility to report when they perceive or suspect that a child is being abused or neglected is not shared but rests fully on each individual. The responsibility remains complete for each professional who has become aware, regardless of whether or not colleagues, superiors, or subordinates took action.
• Finally, the law explicitly provides that the right to report punishable acts prosecuted ex officio belongs to everyone, not only to the person who was wronged (CCP 42 §1).

Professionals' hesitations before reporting

A professional may experience conflicting feelings regarding the decision to report a possible case to the competent authorities. Some common factors that may deter the reporting of child abuse and/or neglect include:

➜ fear of making an incorrect report
➜ fear of negative reactions from colleagues or the child's parents/caregivers
➜ concern that the competent services will not provide adequate help to the child victims
➜ sympathy toward the parents/caregivers and the belief that they would not harm the child
➜ the belief that reporting the abuse and/or neglect will only bring negative consequences for the children and their families
➜ concern about becoming involved in the legal process
➜ dissatisfaction and negative comments from previous experiences of reporting incidents of abuse
➜ fear of misinterpreting cultural particularities

Taking action and deciding to report a possible incident of abuse is extremely important, and the feelings described above are not unusual. However, professionals who work with children must overcome these feelings, because, on the one hand, there is a legal obligation to report suspicion of child abuse and/or neglect, and on the other hand, it is morally imperative in order to ensure the protection of children. Reporting protects abused children from further abuse. Furthermore, this action (in cases of domestic violence) simultaneously protects the other children in the family as well as the parents/caregivers, who then have the opportunity to receive help for the problems they face, whether personal or related to their interaction with the children.

Source: Guide to the implementation of the protocol for the investigation, diagnosis, and management of child abuse and neglect for professionals (pp. 85-87)
Link: /documents/2/Odigos_Efarmogis_Protokollou_Kakopoiisis-1.pdf
Scientific Organization: Institute of Child Health