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lawyer: locking children in airplane toilets is illegal

2024-08-28

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recently, a netizen posted a video saying that on a flight from guiyang to shanghai on august 24, two female passengers could not stand the crying of a one-year-old girl, so they took the girl away from her grandmother and locked her in the cabin toilet to "set rules."

on august 26, the airline involved released a statement on the incident: the company noticed the online rumor that a child passenger was crying on the plane and was taken to the bathroom by a stranger for education. it immediately launched an internal investigation and contacted the child's parents to inquire about the situation and verify the facts to restore the truth of the matter. on flight ho2382 (guiyang-pudong) on ​​august 24, the child traveled with his grandparents. the flight took off on time at around 7 a.m. during the flight, the child continued to cry. in order to avoid disturbing other passengers' rest, with the consent of his grandmother, two passengers took the child to the bathroom for education. during the process, the child's grandmother went with him and waited at the bathroom door. the airline said that it had verified the situation with the child's mother by phone. the child's mother said that she had learned the full incident from her grandmother and expressed understanding of the two passengers' assistance on the plane.

as the incident continued to ferment, it sparked heated discussions among netizens: most people believed that even if the parents agreed, this practice was inappropriate.

image source: video screenshot

in this regard, zhang xue, a lawyer at shandong yiheng (jinan) law firm, analyzed it from a legal perspective:

even if the child's grandparents agreed to this behavior, the above behavior of the two strangers may constitute multiple crimes, depending on the specific nature of the behavior and the consequences caused.

1. locking children in toilets restricts their personal freedom and is illegal. according to article 238 of the criminal law of the people's republic of china and other relevant provisions, the act of illegally depriving others of their personal freedom may constitute the crime of illegal detention if it lasts for a long time.

2. in public places such as airplanes, such behavior may also violate the relevant regulations of the airline and the laws and regulations on public order.

as the child's legal guardians, the grandparents also have the responsibility to protect the child from harm (both physical and mental). they allowed strangers to lock a one-year-old girl in the toilet for so-called "education", so their actions may also be subject to legal prosecution.

① negligence in guardianship: as the girl’s guardians, the grandparents have a duty to protect her safety and health. allowing a stranger to take such extreme actions may be considered negligence in guardianship.

② joint responsibility: if it can be proved that the grandparents were aware of and consented to the act, they may be considered to be jointly responsible with the person who committed the act.

from a moral point of view, children should be respected and protected, and should not be subjected to any form of physical or psychological punishment for crying. the correct way of education should be patience and understanding, not through intimidation or coercion. in society, everyone should take responsibility for protecting vulnerable groups (such as children), and this behavior clearly violates this principle.

to avoid similar incidents, what should we do when encountering such situations?

1. reporting mechanism: there are usually flight attendants or other staff on the plane to whom passengers can immediately report what they see or hear. flight attendants are usually trained to handle emergencies and know how to respond to such incidents.

2. direct intervention: if the situation is urgent and necessary, passengers can also try to intervene directly, such as trying to comfort the child or stop the inappropriate behavior. however, before making direct intervention, it is best to notify the flight attendant or the captain first, because they can provide more professional help.