Earlier quoted context omitted.
Is the law that different? I know that in Germany it's quite hard to demonstrate that you have claims against the parents if their child damages something. You basically have to demonstrate that the parents really screwed up. If not, you are on your own. In Germany parents are most definitly not responsible for everything their child does. And I never said that children have or should have the same rights as grown-up…
If you need a court system to determine whether it's necessary or justified you are doing something wrong. There is a large prejudice to leaving kids and parents to work out their own problems. Therefore in practice it's all up to parent to determine how everybody's rights are to be balanced. And that's the way it should be -- parents are supposed to be training their children to uphold their values, culture, and lif…
I'm also not really sure why courts should not decide what's necessary and justified. That's all we ever did in our cases in the introductory course on public law and basic rights. (Basic rights in Germany have an influence on how courts have to decide in civil cases - just before anybody says anything about this being only the case in public law, i.e. citizen-state relationships, not citizen-citizen relationships)