Rethinking the Legal Comparative Study on Children’s Rights: Rights Protection and Institutional Capacities in Romania and Kuwait
Rethinking the Legal Comparative Study on Children’s Rights: Rights Protection and Institutional Capacities in Romania and Kuwait

Summary/Abstract: The issue of child rights protection is an important aspect of social policy of any modern state. In Romania, infringement of child right to a decent standard of living, reduced access of certain categories of children to health care or quality education, school dropout rate, the situation of children who leave social care homes and need support in finding a employment, homelessness, and lack of effective protection against discrimination were the problems that Romania had to overcome after the 1989 revolution. Even if there are difficulties in practice, most caused by bureaucracy, corruption in the judiciary system and budgetary constraints, Romania managed to build over the last 25 years, a coherent legal system in line with international treaties and conventions in which is a party. In Kuwait, although article 70 of the Constitution stipulates that international treaties ratified by Kuwait have the force of law, the judicial and executive authorities, however, have not taken enough measures to implement this article. In a society dominated by the power of man, with a law of religious origin, based heavily on doctrine and on amendments and interpretations of Sharia Islamic law by judges, violations of fundamental human rights, in particular of women and children, are common. The originality of the author’s approach lies in the attempt to make a comparison in terms of child protection between two completely different systems of law, stopping on issues such as parentage, acquisition of citizenship, parental authority, guardianship, child custody after divorce, violence against children, age of majority, the right to education and the employment of minors.

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