PROTECTION OF THE SUPERIOR INTEREST OF THE CHILD UNDER THE EUROPEAN CONVENTION OF HUMAN RIGHTS. CASES AGAINST ROMANIA

Elena-Mihaela Fodor

Abstract


The article is commenting on several cases that were promoted against Romania to the European Court of Human Rights, where plaintiffs have complained against the violation ofrights connected with family life, protected by article 8 of the European Convention of Human Rights. The relations between a child and his or her family have been at the centre of the cases. The analysis shows that Romania has tried to provide good legislation, and improve it. Nevertheless the breach of the rights has occurred both to poor legislation and poor enforcement of the law with respect to what is considered to be “the superior interest of the child”. What the best interest of the child was considered to be in relation with particular situations, even when the effect of the rules regarding children reached their adult life, is underlined.

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Această operă este pusă la dispoziţie sub Licenţa Creative Commons Atribuire-Necomercial 4.0 Internațional .

https://creativecommons.org/licenses/by-nc/4.0/