The Doctrine of “in Loco Parentis” in Anglo-Saxon Legal Systems and in the Republic of Latvia

Abstract

This publication analyses the “in loco parentis” doctrine of Anglo-Saxon law, which means “in place of parents”. In particular, the authors seek to reveal the content, historical aspects of this concept and its expression in the Latvian legal system. This can be applied, for example, to the duty of employees of an educational institution who are required as part of their role to exercise a duty of care, as well as to enforce discipline, as aspects of cooperation between parents and the school. The practice of the European Court of Human Rights (ECHR) in connection with the “in loco parentis” doctrine is highlighted. The authors conduct a study using methods of interpreting the rules of law adopted in legal science: grammatical, historical, comparative, teleological method. An educational institution as a structure authorized by the state per se can be viewed as having an equivalent responsibility to that of a child’s parents. That is, the school, like parents, has an obligation to take care of the child, especially in relation to the child’s psycho-emotional well-being and physical safety. So, should the school staff take care of the child the same way the parents do? In the case of the Republic of Latvia, this is most clearly reflected in the scientific knowledge of pedagogy and in the practice of daily education.