Child safety in the hands of grown-ups

Child safety seats are on display during an exhibition in Shanghai, China, on July 24, 2014. [Photo/IC]

The news of children dying of possible hyperthermia after being left in locked cars has shocked people. But is the act of locking children in cars a crime or just a negligent behavior? The answer would depend on the person responsible.

According to media reports, from 2006 to 2015, eight children died after being left unattended in kindergarten community vans. In all the cases, the kindergarten principal, teacher on duty or the driver was charged with negligent homicide, for which a person can be sentenced to three to seven years in prison. In such cases there is no dispute over the mode of settlement.

However, when a parent locks his/her child in a car, the case becomes different. So far, no parent has faced investigation or charges, because every parent loves his/her child and suffers the most on losing it. Also, losing a child is already heartbreaking for a parent and if he/she were charged with criminal neglect, it would make life difficult for the other spouse and the other children (if there are any) in the family.

According to Chinese tradition, raising and taking care of children is a private matter decided by parents. But of late, some changes are taking place. With wide news coverage of child abuse by parents, the public has realized that some parents may endanger their children's health and even life. Since such parents are not fit to raise children, the government has to intervene. Beginning from last year, a parent who causes serious harm to his/her child's physical or emotional health may be deprived of custody rights.

But incidents such as parents leaving their children in locked cars still remain a gray area in law, so no parent has been held accountable for such an act. Such is the situation that even if a police officer on patrol sees a child locked in a car, he/she tries to contact the parent instead of directly helping it for fear of facing damages claim by its parent.

It is unfair that a driver is punished for violating traffic rules but not for leaving his/her child in a car for hours, which could result in death.

Children are not only the darlings of their families but also a nation's treasure, and the government, too, is responsible for their safety and good health. With news of more children being locked in cars hitting the headlines, the government should pay greater attention to child safety. All drivers have to be made aware of safety rules and should learn how to protect a minor in car. In fact, this should be made part of the safe driving code and the traffic law could be amended to make the act of leaving a child alone in car an unpardonable offense.

More importantly, those violating such rules should be penalized, through fines, demerit points and/or community service. They should even be compelled to take the driving safety course all over again. And repeated offenders should be punished more severely.

Besides, law enforcement officers should be empowered to help a child locked in car by taking necessary measures and should enjoy immunity from any potential civil claims. In case a child left by a parent in car dies, police must launch a criminal investigation to determine whether the parent has committed a crime. In some extreme cases, a parent or parents may want to get rid of a child for certain reasons, and this possibility should be ruled out only after a thorough investigation.

Only after such rules are enacted can children's safety on wheels be guaranteed.

The author is a fellow with the research office of Shunyi district people's court in Beijing.