The Children’s Rights and their Place in the Bulgarian Constitutional Model Cover Image
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Правата на децата и мястото им в българския конституционен модел
The Children’s Rights and their Place in the Bulgarian Constitutional Model

Author(s): Radoslava Yankulova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: child; human rights; constitution; equality; participation; paternalism;

Summary/Abstract: The article examines the attitude of the constitutional legislator towards children and their rights in the light of the evolution of the child rights concept. Currently, children’s rights are incorporated in the legislation of democratic societies, together with mechanisms for their protection. The challenge remains to recognize them on the highest, constitutional level. In its report, titled „The protection of Children’s Rights: International Standards and Domestic Constitutions”, the European Commission for Democracy through Law(Venice Commission) encourages states to consider incorporating special clauses on children’s rights in future constitutional reforms. Although there is no uniform pattern to be observed when complying with the recommendations of the Venice Commission, the following checklist must be used when formulating constitutional provisions on children’s rights: - Do they comply with the key principles of the UN Convention on the Rights of the Child? - Can they serve as the basis for future legislative reform? - Are they consistent with the letter and spirit of the constitution? - Did children participate in their formulation?

  • Issue Year: LVI/2015
  • Issue No: 2
  • Page Range: 3-23
  • Page Count: 21
  • Language: Bulgarian