ASPECTS REGARDING CHILDREN AND FAMILY JURIDICAL PROTECTION AFTER THE ENTRY INTO FORCE OF THE NEW CRIMINAL CODE
ASPECTS REGARDING CHILDREN AND FAMILY JURIDICAL PROTECTION AFTER THE ENTRY INTO FORCE OF THE NEW CRIMINAL CODE

Summary/Abstract: The paper approaches the topic of child protection by means of criminal law. The study analyzes legal norms of the previous Criminal Code, of the New Criminal Code and rules from special laws with penal provisions. Recent legislative changes in the area of family and child protection, although auspicious in their vast majority, may generate some threats and misinterpretations. Child protection plays a major role in any juridical culture of the EU. Human rights in general and children’s rights especially are transcending the classic dichotomy in public and private law, therefore the subject requires an interdisciplinary approach, including some references to the means of protection that civil law and family law (as a traditional branch of law which is still autonomous, according to the vast majority of the doctrine, despite the fact that family, as a juridical institution is now being governed by the New Civil Code) provides for children. The challenges in protecting children rights in Romania arise not only from the somewhat precarious economic circumstances in some cases, but can also come from the fact that in this area there has been significant legislative changes, some of which may give rise to multiple interpretations. Such ambiguities that may arise may pose a threat not only to children rights but also, to family as a juridical institution, as the two notions are inextricably linked. Yet another threat, in matters related to children protection and family, could arise from the fact that some of the stipulations of the New Criminal Code, although commendable in essence, seem hard to achieve and are not always based on extensive sociological and economic studies.

• Details
• Contents