The child’s right to have personal relationships with his parents or with other persons, in the light of the case-law of the European Court of Human Rights and of the national courts case-law Cover Image
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Dreptul copilului de a avea legături personale cu părinţii sau cu alte persoane, în lumina jurisprudenţei Curţii Europene a Drepturilor Omului şi a celei naţionale
The child’s right to have personal relationships with his parents or with other persons, in the light of the case-law of the European Court of Human Rights and of the national courts case-law

Author(s): Ioana-Anamaria Filote-Iovu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: regulations of the Council of Europe; family life; case law of the European Court of Human Rights; interference; positive obligations; national legislation; national judicial practice;

Summary/Abstract: The principle of the “superior interest of the child” is limited to the child’s right to a normal physical and moral development, to socio emotional balance and family life, prevailing in all actions and decisions concerning children, taken by public authorities and authorized private bodies, and in cases settled by the courts of law. In this study, the author aims to analyse the interpretation and application by the European Court of Human Rights and by the Romanian courts of the rules governing the child’s right to have personal ties with his parents or with other persons with whom he has developed family relations, subordinated to this principle.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 52-104
  • Page Count: 53
  • Language: Romanian