The Right of a Child to Personal Identity (The Possibility of Changing Identity) Cover Image

Pravo djeteta na lični identitet (mogućnost promjene identiteta)
The Right of a Child to Personal Identity (The Possibility of Changing Identity)

Author(s): Boris Krešić, Ervina Ibrahimović, Ena Morankić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Personal identity; Determination of origin; Right to a name; Family relations; Child; International standards;
Summary/Abstract: In the context of children's rights, an unavoidable international document is the Convention on the Rights of the Child, which indeed occupies the most important place among international documents that proclaim the rights of this unique and vulnerable group of people - children. The right of the child to preserve his or her identity is guaranteed by the Convention on the Right of the Child, in the sense that the Convention under "identity" means the child's name, nationality, and family relations. The Convention stipulates that a child must be registered after birth. A narrow interpretation of the Convention could create a legal dilemma: When, in fact, does a child acquire a right to a personal identity- by birth or enrollment? Would that mean that children are not born with fundamental freedoms and rights but become their holders only after they are registered in the birth register? The disputed issue regarding the child's right to identity refers to the possibility of changing the identity and participating in the procedure itself. Furthermore, along with the child's personal identity goes the issue of theft of his personal identity, where the question of the effectiveness of the Convention as an international instrument of protection arises. The Family Law of the Federation of Bosnia and Herzegovina prescribes the child's right to personal identity as a separate right.

  • Page Range: 250-264
  • Page Count: 15
  • Publication Year: 2023
  • Language: Serbian
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