ПРАВНА ПРИРОДА И ОСТВАРИВАЊЕ ПРАВA И ДУЖНОСТИ РОДИТЕЉА НА ВАСПИТАЊЕ И ОБРАЗОВАЊЕ ДЕТЕТА У СРБИЈИ
PARENTAL RIGHT AND DUTY TO CONTROL UPBRINGING AND EDUCATION OF THEIR CHILDREN
Author(s): Miloš StankovićSubject(s): Civil Law, Sociology of Education, Sociology of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Parental right; Preventive role of the State; Internal collision of the norms;
Summary/Abstract: The parental right and duty to control upbringing and education of their children is mandatory in its nature. However, the role of the state bodies in implementing these rights should be limited, due to the specificities of parent-child relationship, and the prevailing free will doctrine of the contemporary Family Law. The state should act preventively, more then reactively, which would also be in line with the Convention on the Rights of the Child. Despite the fact that parents in Serbia have statutory duty to guide their children to „the adoption of emotional, ethical and national values and identity of their own family and the society“, failure of a parent to fulfill this duty is never sanctioned by depriving them of their parental rights.
Journal: Анали Правног факултета у Београду
- Issue Year: 59/2011
- Issue No: 2
- Page Range: 235-262
- Page Count: 28
- Language: Serbian