THE HIGHEST INTEREST OF THE CHILD.  NON DISCRIMINATION Cover Image

THE HIGHEST INTEREST OF THE CHILD. NON DISCRIMINATION
THE HIGHEST INTEREST OF THE CHILD. NON DISCRIMINATION

Author(s): Dragos Lucian Radulescu
Subject(s): Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, EU-Legislation, Sociology of Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: discrimination; rights; criteria; nationality;

Summary/Abstract: In the legislator's acceptance, the relationships between parents do not influence their obligations towards their children, whether they come from or outside the marriage. In the case of the existence of the marriage and its dissolution by divorce, with regard to the non-matrimonial effects, the question of taking protective measures towards the minor children, regarding the parental authority, housing or maintenance obligation is raised. Similar issues can be found in cases in which parents were not married but from their relationship resulted children, regardless of their nationality.The article discusses elements of judicial practice, theoretical notions related to the best interests of minors, but also elements aimed at discrimination on the basis of nationality.