Zastupanje u vezi s bitnim, osobnim pravima djeteta

Lucić, Nataša

doi:10.31141/zrpfs.2021.58.141.815

Zb. rad. Prav. fak. Splitu (Online)

2021

DOI: 10.31141/zrpfs.2021.58.141.815

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Zastupanje u vezi s bitnim, osobnim pravima djeteta

Nataša Lucić

Abstract: Tema ovoga rada je zastupanje u vezi s bitnim osobnim pravima djeteta u koja se, prema našem obiteljskom zakonodavstvu, u bitnome ubrajaju zastupanja u vezi s promjenom djetetova osobnog imena, promjenom prebivališta odnosno boravišta djeteta i izborom ili promjenom djetetove vjerske pripadnosti. Zastupanje djeteta je primarno pravo i dužnost djetetovih roditelja, čini sadržaj roditeljske skrbi u ostvarivanju koje su roditelji potpuno ravnopravni. U tom smislu, izazov je u situacijama kada ne postoji sporazum … Show more

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Child Representation in Cases Before the European Court of Human Rights

Čulo Margaletić,

Šimović

2024

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Representation of the child is an integral part of the institution of parental responsibility. Holders of parental responsibility, usually the parents, represent their child equally, jointly and consensually both in everyday life and in administrative and judicial proceedings. However, in certain life situations a conflict between parents may appear (such as separation, divorce, child abduction, partial deprivation of legal capacity etc.), so the question arises as to which one of them should represent the child? Would representation of the child by only one parent disrupt the principle of parental equality as well as the equality of sexes? In certain life situations a conflict of interests between the parents and the child may appear (because criminal, misdemeanour or family law proceedings for the protection of the rights and welfare of the child have been initiated against one or both parents etc.), and the challenge for the legal system is how to ensure objective and impartial representation of the child and his/her best interests? These are both social and legal problems that will be elaborated through relevant academic sources and recent case law of the European Court of Human Rights.

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Child Representation in Cases Before the European Court of Human Rights

Čulo Margaletić,

Šimović

2024

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Parental Care Following Divorce in the Republic of Croatia

Graovac

2022

Law, Identity and Values

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The author explains family law rules concerning the exercise of parental responsibility (parental care) after divorce in Croatia. The new family legislation emphasizes the importance of encouraging parents to reach agreements and reduce manipulations of their children after divorce. Parents may divorce in simplified, non-contentious proceedings, having previously reached an agreement on their divorce and on how they will exercise parental care. If there is no agreement on the exercise of parental care, they divorce in civil contentious proceedings. In that case, a parent that does not live with the child is not entitled to exercise joint parental responsibility. Novum is that a child is considered a party in all court proceedings where the court decides on his or her rights. The child is represented by a special guardian appointed by a social welfare office that is an employee of the Center for Special Guardianship. The representation system provokes new challenges due to its implementation weakness. The author carefully analyses legal situations where parents may represent their child jointly, one of them solely, or combined: jointly regarding the essential personal rights of the child, or one of them solely with regard to any other matters. Serious questions are raised because of significant limitations on the right to parental care of the parent who does not live with the child (as a part of the content of their human right to respect for family life). According to the author’s opinion, these restrictions are not justified, especially concerning the goal to protect the child’s best interests in post-divorce families.

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Zastupanje u vezi s bitnim, osobnim pravima djeteta

Cited by 2 publications

References 4 publications

Child Representation in Cases Before the European Court of Human Rights

Child Representation in Cases Before the European Court of Human Rights

Parental Care Following Divorce in the Republic of Croatia

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