Международноправен статус на детето
International Legal Status of the Child

Author(s): Gergana Gozanska
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: International legal status; child; international law; human rights; national law
Summary/Abstract: Historically, in defining the international legal status of the child, the child has been regarded as an object subordinate to adults rather than as a subject of international law. In most international human rights treaties, it has been assumed that if "the rights of women are protected, the rights of children are also protected". Today, the child is characterized by his or her procedural legal capacity. He or she enjoys the proclaimed right of "anyone" to bring a complaint before the competent court for a violation of the rights contained in regional international human rights acts, such as the European Convention on Human Rights, the American Convention on Human Rights and the African Charter on the Rights and Welfare of Child. The case law established in relation to complaints made by children or by their parents or guardians is one of the main postulates that "may accelerate the strengthening of their independent status in international law". The subject of this paper is the jurisprudence of the European Commission on Human Rights, the European Court of Human Rights and the Inter-American Commission on Human Rights related to the definition of the starting point of childhood and the systematization of international treaties regulating the end point of childhood. It also examines the relationship between national and international law in defining the starting and ending points of childhood.

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