ASCULTAREA MINORULUI ÎN SISTEMUL DE DREPT ROMÂNESC ŞI ALTE SISTEME DE DREPT
CHILDREN’S HEARING IN THE ROMANIAN LEGAL SYSTEM AND OTHER LEGAL SYSTEMS
Author(s): Teacă AlinaSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: child’s hearing; court tutor; the principle of the best interests of the child; exercising parental authority; child’s rights; guarantee of the children’s rights; custody;
Summary/Abstract: Children’s hearing is a procedure used by the judge for perceive, directly, child’s version of the facts and his given situation. This is the way, for the child, to expose opinion on rights that concern him, and is the guarantee of the right to free expression and freedom of opinion. As far as the procedure is concerned, it is noted insufficient legislative regulation in the field and lack of skills and knowledge of child psychology form the judges, specific to the case management of minors, in all legal systems. Most of the time, the judge, through his decision, gives efficiency to child’s desire, expressed during the hearing. Thus, it is possible to outline the idea that the children’s hearing procedure, gives efficiency to the child's fundamental right to free expression, consecrated by the United Nation Convention on the rights of the child and ensure respect for the „principle of the best interests of the child.”
Journal: Universul Juridic
- Issue Year: 2018
- Issue No: 04
- Page Range: 45-68
- Page Count: 24
- Language: Romanian