土耳其法律援助体系中对受害儿童进行精神辅导的可行性

Nimet Ferah
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摘要

在司法过程中,重视和支持受害者是一种新的认识。随着我国儿童保护法的接受和司法支持制度的实施,儿童的保护和康复得到了法律的保障。对儿童适用的措施和裁决程序由法律规定。涉及儿童的案件可以分为两大类:民事诉讼和刑事诉讼,从离婚到监护权,从普通犯罪到虐待等严重犯罪,情况可能有很大不同。此外,儿童可以作为受害者、原告、证人或罪犯参与司法程序。为了在这些过程中支持儿童,指派了司法支助专家陪同和协助他们。这是因为司法程序可能是创伤性的,并对儿童造成二次创伤。本文将质疑在司法过程中为处于受害者地位的儿童设计和设想的帮助活动范围内提供精神咨询的可行性,而不是关注儿童审判程序。灵性是一个个人在任何时候都可能需要的概念,它是一种内在的资源,在困难时期提供力量。司法支助专家的态度和能力对精神咨询很重要,但在法律框架内进行精神咨询的可行性指出了一个结构性问题。的确,这一主题具有学术、公共和实践的维度。在学术层面,实地研究和理论与实践方面突出科学知识,而在公共层面,法律和制度法规确保受害儿童服务的实施和有效性。在实践中,既有公共实践,也有学术实践。本研究采用文献资料法,对司法扶助制度相关的法律、法规、立法进行考察,分析司法扶助制度下受害儿童精神咨询的可行性。因此,即使立法中没有明确规定,精神咨询也可以在预防措施和活动的范围内实施。但是,人们发现这种执行可能会遇到困难,有关机构和专家可能需要采取个人主动行动和承担责任。因此,对受害儿童实施精神咨询需要专门的法律、机构和学术研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Feasibility of Spiritual Counseling for Child Victims in the Turkish Legal Support System
In judicial processes, giving value to and providing support for the victim is a new understanding. With the acceptance of child protection laws and the implementation of the judicial support system in our country, the protection and rehabilitation of children are ensured by laws. The measures to be applied for children and the procedures for adjudication are determined by laws. Cases involving children can be categorized into two main groups: civil and criminal proceedings, which can vary significantly from divorce to guardianship, from ordinary crimes to severe offenses like abuse. Additionally, children can be involved in judicial processes as victims, plaintiffs, witnesses, or offenders. To support children in these processes, judicial support specialists are assigned to accompany and assist them. This is because the judicial process can be traumatic and cause secondary trauma for children. This paper will question the feasibility of providing spiritual counseling within the scope of help activities designed and envisaged for children in the victim position during the judicial process, rather than focusing on child adjudication procedures. Spirituality is a concept that individuals may need at any time and is known to be an internal resource that provides strength during difficult times. The attitudes and competencies of judicial support specialists are important regarding spiritual counseling, but the feasibility of spiritual counseling within the legal framework points to a structural issue. Indeed, this subject has academic, public, and practical dimensions. In the academic dimension, field research and theoretical and practical aspects highlight scientific knowledge, while in the public dimension, legal and institutional regulations ensure the implementation and effectiveness of services for victimized children. In practice, there are both public and academic practices. In this study, by using the documentation method, laws, regulations, and legislation related to the judicial support system were examined, and the feasibility of spiritual counseling for victimized children within the judicial support system was analyzed. As a result, even though there is no explicit provision in the legislation, spiritual counseling can be implemented within the scope of preventive measures and activities. However, it was found that this implementation may encounter difficulties and that the institutions and specialists involved may need to take individual initiatives and responsibilities. Therefore, it is evaluated that specialized laws, institutions, and academic studies are necessary for the implementation of spiritual counseling for victimized children.
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