Sanctions of the exceedence of intrafamily ius patrium according to Turkish Penal Code

Family is the foundation of society. Society consists of families that have come together. Economically, psychologically and socially healthy families form a healthier society. When family is damaged, it is unavoidable that structural damage and unrest in the society will occur. Peace and prosperity of society is in direct proportion with families' happiness. One of the most important duties of a family is to prevent children from growing up to become incompatible individuals. To achieve this, parents are given disciplinary authority over their children. This is known as "ius patrium" and it is legal right given to parents to be able to carry out their duties. Abuse of this authority is a crime. When ius patrium is being used, no harm should be done to the person it is used on, his/her freedom and honor should never be jeopardized. The abuse of ius patrium has been determined as a crime, since such a thing is necessary to protect the weaker individual. Aim of this study is to state the sanctions that would ocur in the case of ius patrium in the family, according to Turkish Penal Code. According to this, study has been conducted in two chapters. First chapter has been about family and domestic violence. Second chapter has been about the child and the abuse of ius patrium.