Forced prevention of birth and forced transfer of children in the context of the objective side of the crime of “genocide”

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The article presents a criminal law analysis of the actions included in the objective side of the crime of genocide, including the forcible obstruction of childbearing and the forced transfer of children. The problems associated with the absence in international acts of reference to violence in preventing childbearing, in contrast to the domestic criminal law, are highlighted. It is stated that the danger of manifestation of genocide, expressed in the forced transfer of children, lies in the fact that, being brought up in a different demographic environment, with a different culture and traditions, the child loses touch with his roots, with the peculiarities of his national or ethnic identity. It is emphasized that the peculiarity of this sign is such a movement that is made not just to another locality or family, but purposefully to where there exists and is different from the one to which the child belongs, national, ethnic, racial or religious group. It is pointed out that the forced transfer of a child to special institutions should carry the desire to destroy the child’s cultural ties with their demographic group, i.e. in such institutions, an idea of religion, traditions, culture, nationalities, etc., different from the inherent child, should be promoted.

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Genocide, international crimes, the objective side of the crime, national group, forcible prevention of childbearing, nation, forced transfer of children

Короткий адрес: https://sciup.org/14129150

IDR: 14129150   |   DOI: 10.47475/2311-696X-2023-39-4-63-68

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