Прилагане на мярка за закрила на дете по време на изтърпяване на възпитателна мярка за извършена противообществена проява
Applying a Child Protection Measure to a Juvenile Delinquent Who is Also Subjected to an Educational Measure

Summary/Abstract: The article deals with the problem of collision between a measure of child protection and an educational measure, when they are applied at one and the same time. This problem arises because of the parallel existence of two court decisions, and the question is which measure should have priority in this case. To answer the question, the aims of both measures are examined and the conclusion is reached that there is no difference between these aims. It is argued that differences lie in the content of each measure and in the means to achieve their ultimate goals. As a further step, the analysis distinguishes educational measures from punishments, as well as boarding-schools from custodial institutions. The article studies relevant international standards, the national legislation and the European Court of Human Rights jurisprudence. Based on the analysis, some suggestions de lege ferenda are made.

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