The Evolution of Child Protection in Ancient and Modern Societies
Ancient civilizations approached child-parent relationships with the fundamental belief that a parent, typically the father, had complete autonomy over their child, regardless of the child’s age.

For example, in the Roman state, from the second century BCE to around 235 CE, the paterfamilias, the eldest male in the household, wielded complete control over his children. Only he could decide whether a child lived or died, was sold into slavery, or abandoned.

In Babylonian law, “disobedient children” faced severe punishment. For instance, “If a son strikes his father, his hands shall be hewn off.” Similarly, if an adopted child declared to their adoptive parents, “You are not my father, or my mother,” their tongue would be cut off.

However, ancient civilizations began to protect vulnerable children by introducing laws against child abuse. For instance, during the rise of the Roman Empire, a father’s authority over his child was no longer absolute. In the fourth century CE, Constantine the Great introduced a reform removing the paterfamilias’ right to decide on the life or death of his children. Additionally, children could only be abandoned if they had hereditary defects, and the killing of a child became punishable by death. A new law also empowered the state to release a child from patria potestas, the control of the male head of the family, making family power over children significantly less patriarchal.

In the eighteenth century BCE, Babylonian King Hammurabi introduced The Code of Hammurabi, which governed the empire for over 1,500 years. According to the Code, the health and well-being of people, including children, were prioritized over property rights. A person’s worth was less if they had few or no children. Kidnapping and trading children were severely punished: “If one should steal another’s son, he shall be killed and buried without ritual.”

Throughout history, laws protecting children often emerged in response to widespread abuse and its harmful effects. However, these laws typically addressed specific forms of cruelty or abuse. In the thirteenth century, for example, King Edward I of England introduced the Statute of Winchester, which made it illegal for women to sleep in the same bed as their toddlers. The law, prompted by high rates of children being accidentally suffocated in their sleep by their mothers, imposed heavy fines on violators.

In 1874, child abuse gained public attention in the case of Mary Ellen, a New York child who suffered physical abuse from her foster parents, including being hit, tied to her bed, and deprived of food. At the time, New York law offered no child protection; however, laws did protect domestic animals. Consequently, Mary Ellen was only protected from further abuse when she received the same legal protection afforded to animals. In 1875, Henry Bergh, the founder of the American Society for the Prevention of Cruelty to Animals, established the New York Society for the Prevention of Cruelty to Children—the first organization dedicated entirely to child protection.

The National Society for the Prevention of Cruelty to Children (NSPCC) was later founded in Great Britain. Today, the NSPCC has numerous branches, playing an essential role in identifying and stopping child abuse, alongside government and local authorities.

Despite centuries of concern and outcry over child cruelty, the issue remained largely unaddressed until a significant breakthrough came in 1961. Dr. Henry Kempe’s pioneering study introduced the term “Battered-Child Syndrome,” describing the injuries sustained by children due to physical abuse. His research marked a turning point in societal attitudes towards child abuse.

Today, in most countries, scientists and practitioners recognize child abuse and neglect as complex problems requiring a collaborative approach among professionals from various fields, parents, and society as a whole. Nevertheless, many countries still lack effective measures to protect children from all forms of abuse. The biggest obstacle to stopping abuse and ensuring victims receive adequate help is society’s failure to acknowledge and address these pressing issues.