The Child's Access to Justice in the Practice of the European Court of Human Rights Cover Image

Достъпът до правосъдие на детето в практиката на Европейския съд по правата на човека
The Child's Access to Justice in the Practice of the European Court of Human Rights

Author(s): Boyka Cherneva
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: rights of the child; access to justice; human rights

Summary/Abstract: The article examines the specifics of the child's right to a fair trial. Emphasis is placed on three main aspects: 1) defining children as a vulnerable category of law subjects requires a special approach in institutionalizing their rights, including in terms of access to justice; 2) the child's personal and independent right to refer to judicial authorities and to determine the persons to represent him in the court proceedings 3) the child's right to refer to a judicial authority according to the practice of the European Court of Human Rights. The article explores the protection of children's rights through justice in a democratic, social, and legal state. An analysis of the legislation and the Case Law of the European Court of Human Rights is based on the principles of equality before the law and the prohibition of discrimination. The Case Law related to the referral to a judicial authority and to the European Court of Human Rights is considered. The article presents the importance of the European Convention on the Exercise of the Rights of the Child for guaranteeing access to justice.

  • Issue Year: 2023
  • Issue No: 2
  • Page Range: 39-45
  • Page Count: 7
  • Language: Bulgarian