PROCEDURAL GUARANTEES CONCERNING THE RESPECT OF THE CHILD’S BEST INTEREST
PROCEDURAL GUARANTEES CONCERNING THE RESPECT OF THE CHILD’S BEST INTEREST

Summary/Abstract: The legislator has enshrined the rights of the child as human rights and transposes into national law the universal standards applicable to all children. There has been a general transposition from a child's needs regulation to a full legal valorization of their rights as a natural person undergoing protection and covering the child’s entire person. The absence or insufficiently outlined characters of the child’s discernment associated with limited life experience are legally compensated by a system of means of protecting both the person and the child's heritage. In scientific papers it is mentioned that, as a rule, in ordinary situations, the legal guardian is called upon to identify the direction of the child's interest and to decide accordingly. In all processes concerning minors (divorce, child custody, establishing or termination of placement) the court can not offer a solution without hearing the minor if he has reached the age of 10 years. Therefore, according to the provisions of article 264 Civil Code, the court of tutorship will settle the dispute only after the minor has been heard in the respective case. The purpose of this paper is to show procedural guarantees and psychological implications in the extraordinary situations in which the child can be found. Special situations arise from external forces generated by parents or others in civil society. The magistrate must ensure the trust that the relationship between him and the child should be based on. The hearing technique essentially pursues the observance of the general principles of the protection and promotion of child rights in close connection with the principle of truth finding by the magistrate.

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