Search results for: plasamentul copiilor in All Content

Rational and empirical method in social research

Rational and empirical method in social research

Author(s): Tomiţă Ciulei / Language(s): English / Issue: 17/2007

Keywords: testability; object of investigation; phenomenological statistical models; caeteris paribus;

A new view on the testability of knowledge emerges, the solution of which might be relevant for the discussion of epistemological issues in other sciences. Whatever knowledge, of whatever quality one acquires in economics, one will never be able to test it by the same proof (or alleged proof) of technological creation.

Directions of the Reform of the Support System for Children Separated from Their Families

Direcţii ale reformei sistemului de sprijin pentru copii separaţi de familie

Author(s): Adriana Orlea / Language(s): Romanian / Issue: 2/2004

In this work we proposed to offer a synthetic and systematic image of the child protection system situation at Sibiu country level. Another objective followed was to set up an analysis of the phenomenon “child in difficulty” and of the factors involved in social welfare of the child separated from the family. Surprising the impact of this phenomenon in Sibiu aimed to put into evidence its specific. The general Direction of Child Protection Sibiu is a public institution of county interest with legal personality, subordinated to Sibiu County Council and it develops the activity on preventing and mitigating the phenomenons which can determine the entering of the child in difficulty. The activity of social welfare carried out in the institution has in view the child in difficulty in residential and familial protection system as well as the young in difficulty from the residential system. Through the analysis of the children in difficulty from the protection system of Direction of Child Protection Sibiu beginning with 1998 and up to now we proposed to surprise the evolution of child protection system in difficulty, especially of the child separated from the family at Sibiu County level, which is among the first counties from the economical development point of view. From the analysis of child protection situation in Sibiu County presented above, we found out that: the number of children in the protection system increased in time, but the capacity of placement centers reduced at a half. This way the number of children protected in the placement centers decreased, while the number of children protected through family type measures considerably increased. The majority of children from the protection system come from disorganized, monoparental families or families being at the poverty limit. In Sibiu county the number of children with disabilities special needs is very high in comparison with the other counties of the county as well as the number of children with disabilities framed in the first degree (severe). The abuse and neglecting the children by their parents determined an increased number of children who entered the protection system in the emergency regime. The specialty services addressed to the child and the family are reduced as number, are not diversified and are lacking in the rural zone. It is necessary to created, develop and diversify the services for the children, the young, the families in order to maintain the child in the biological family / substitutive family or to integrate him in family type structures, giving support to the families and young in difficulty: counseling centers, day care and recovering centers: maternal centers, shelters for mother and child; informing and social accompanying centers; services of support at home; abandonment prevention services and monitoring the pregnant woman at risk; extending a network of maternal assistance especially for the age: 0-3 years; family type houses; services of support an

Decreasing of International Adoption – Global and National Perspectives

Reducerea adopţilor internaţionale – perspective globale şi naţionale

Author(s): Daniela Nicolăescu / Language(s): Romanian / Issue: 2/2013

Keywords: national adoption; international adoption; migration; children rights

The international adoption is a rather recent phenomenon experienced by the human societies which developed particularly after World War Two. The decrease in the number of international adoptions is due, on the one hand, to the deficient application of the known procedures, to the alleged frauds and corruption, to the hints towards child or organ trafficking and, on the other hand, to an increased awareness of the adoption framework by the countries of origin. Within the context of the current decline in the number of international adoptions, the present paper brings to the forefront the global and national dynamics, as well as the current concerns of demographic quantification from the perspective of the demographic decline in the countries of origin. The approach promoted by this paper reveals the importance of the national adoption currently displayed by some countries which where sources for international adoptions, bringing into debate the problems of the past two decades which challenged Romania too. Within the context of a better economic situation compared to the two peaks of international adoptions, from 1991 and 2001, and of a higher demand of the Romanian citizens to adopt, it becomes clear that the applied mechanism of the domestic adoptions must be improved.

The Mechanism of Recurrence of Child Maltreatment Incidents in the Romanian Social Protection System

Mecanismul recurenţei cazurilor de maltratare a copilului în sistemul de protecţie socială din România

Author(s): Oana Lăcrămioara Bădărău / Language(s): Romanian / Issue: 2/2013

Keywords: recurrence; child maltreatment; measures of social protection

In recent years, the concept of recurrence of child maltreatment has generated many debates, controversies, and various interdisciplinary approaches. A considerable amount of literature has been published on the causes, incidence, and the consequences of recurrence of child maltreatment. Also, various programmes and strategies to prevent this phenomenon have been developed. In Romania, the current literature available on recurrent incidents of child maltreatment is scarce. Therefore, the purpose of this paper is to suggest some explanatory mechanisms of recurrence of child maltreatment (abuse and/or neglect) within the family context. During a first stage of the research, the administrative databases provided by the Iasi County General Directorate for Social Work and Protection of Child Rights was analysed. Through the successive exclusion of addresses and complaints which were not within the scope of this research, 29 families who experienced during the period 2007-2010 repetitive incidents of maltreatment in one child or several children were found out. During the second stage of our research, the information presented in the social files of families allowed for the contextualisation of recurrent incidents, according to the following key elements: a) case characteristics; b) the assessment and the type of decisions which have been adopted; c) the measures which are usually taken in dealing with a child maltreatment case. The following circumstances in which the risk of recurrence of abuse and/or neglect is very high were identified: a) when, at the first complaint, there was insufficient evidence to prove that the incident had taken place; b) when, at the first complaint, it was considered that the incident of abuse and/or neglect had not been serious enough to require measures of social protection; c) when the family had not been carefully assessed and monitored both before and after the reintegration of the child.

ROMANIAN LAW REGULATING ENGAGEMENT

SCURTE CONSIDERAŢII PRIVIND DECĂDEREA DIN EXERCIŢIUL DREPTURILOR PĂRINTEŞTI

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 12/2016

Keywords: child, parental authority; exercise of parental rights; decay; child's goods;

Parental authority is the body of rights and obligations concerning both the person and the property of the child. Termination of parental rights, as a family law legal measure, penalizes parents abuse and gross negligence in the performance of their duties on the child person. But the legislator did not include in the grounds of the decay defective fulfillment or failure of the obligations which refers to the property of the child, the other component of parental authority.

Aspects regarding the jurisdiction of the Romanian law courts in matters of adoption

Aspecte privind competența instanțelor judecătorești române în materie de adopție

Author(s): Teodor Bodoașcă / Language(s): Romanian / Issue: 04/2017

Keywords: adoption; applications in matters of adoption; international jurisdiction of Romanian courts; jurisdiction of the tribunal in matters of adoption.

The idea and, especially, the usefulness of this study have been suggested to us by some amendments brought to the Law No 273/2004 on the procedure of adoption by the Law No 57/2016, including with regard to the issue of the jurisdiction of the Romanian courts in matters of adoption, by the provisions of Articles 1066–1082 of the Civil Procedure Code, referring to „the international jurisdiction of the Romanian courts”, as well as by the existence in this area of some norms still involving an effort of logical-legal polishing. Specifically, we have subjected to analysis the hypotheses of international jurisdiction of the Romanian courts, the material and territorial jurisdiction of the tribunal, respectively of the Bucharest Tribunal, with regard to the applications in matters of adoption.

Designation of the guardian or of the trustee of the natural person in order to take a protective measure in the future, according to the Civil Code

Desemnarea tutorelui sau a curatorului persoanei fizice în vederea luării în viitor a unei măsuri de protecție, conform Codului civil

Author(s): Carmen Tamara Ungureanu / Language(s): Romanian / Issue: 06/2015

Keywords: parents; assumptions related to the designation by the parents of the guardianship of their child; legal representation.

The current Romanian Civil Code (entered into force on 10 October 2011), unlike the previous Romanian civil legislation, regulates a new legal institution, namely the designation of the guardian of the child by his parent in certain situations (Article 114 et seq. of the Civil Code), apart from the appointment of the guardian by the court. Likewise, the Romanian legislation also regulates the designation of the representative of the natural person, under the special conditions of the Law on the mental health and the protection of persons with mental disorders No 487/2002 or according to the Law No 272/2004 on the protection and the promotion of the child’s rights (republished on 5 March 2014) assuming the child’s parents are working abroad. All these assumptions of designation of the guardianship of the child by his parent represent the object of analysis of this study.

Certain issues regarding the exercise of parental rights and the meeting of parental obligations regarding a minor, when the child is entrusted to other persons than the parents

Unele aspecte privind exercitarea drepturilor și îndeplinirea obligațiilor părintești privitoare la persoana minorului în situația în care copilul este încredințat altor persoane decât părinții săi

Author(s): Alin-Gheorghe Gavrilescu / Language(s): Romanian / Issue: 09/2010

Keywords: minor child; legally entrusting the minor to other persons; the status of exercising parental rights and meeting parental obligations by the parents in the given case.

In this study, after a brief introduction on parental rights and obligations, the author examines, in the light of the legislation currently in force (Family Code – amended by Law no. 288/2007, and Laws no. 272/2004 and no. 273/ 2004), and in the light of the future Romanian Civil Code (published on July 24, 2009 but not yet into force), the status of parental rights and obligations, provided that the child has been legally entrusted to other persons, discussing, in this manner, with priority, the extent to which the parents are entitled to provide their consent to the marriage of their child (if the child is a minor) or to his/her adoption.

CHILDREN’S HEARING IN THE ROMANIAN LEGAL SYSTEM AND OTHER LEGAL SYSTEMS

ASCULTAREA MINORULUI ÎN SISTEMUL DE DREPT ROMÂNESC ŞI ALTE SISTEME DE DREPT

Author(s): Teacă Alina / Language(s): Romanian / Issue: 04/2018

Keywords: child’s hearing; court tutor; the principle of the best interests of the child; exercising parental authority; child’s rights; guarantee of the children’s rights; custody;

Children’s hearing is a procedure used by the judge for perceive, directly, child’s version of the facts and his given situation. This is the way, for the child, to expose opinion on rights that concern him, and is the guarantee of the right to free expression and freedom of opinion. As far as the procedure is concerned, it is noted insufficient legislative regulation in the field and lack of skills and knowledge of child psychology form the judges, specific to the case management of minors, in all legal systems. Most of the time, the judge, through his decision, gives efficiency to child’s desire, expressed during the hearing. Thus, it is possible to outline the idea that the children’s hearing procedure, gives efficiency to the child's fundamental right to free expression, consecrated by the United Nation Convention on the rights of the child and ensure respect for the „principle of the best interests of the child.”

The minor suspect/defendant. The non-summoning of the persons provided in art. 505 par. (1) from the new Criminal Procedure Code to any hearing or confrontation. Non-constitutionality

Minorul-suspect/inculpat. Necitarea persoanelor prevăzute în art. 505 alin. (1) din noul Cod de procedură penală la orice ascultare sau confruntare. Neconstituționalitate

Author(s): Ivan Gheorghe / Language(s): Romanian / Issue: 2/2018

Keywords: citation; defendant; minor; unconstitutionality; persons called to the criminal prosecution body; suspect;

When the suspect or defendant is a juvenile who has not reached the age of 16, any hearing or confrontation of the minor, the criminal investigative body cites his parents or, as the case may be, the guardian, curator or person in care or supervision of the child temporarily the minor, as well as the general direction of social assistance and child protection in the locality where the hearing takes place [art. 505 par. (1) of the new Criminal Procedure Code]. On the contrary, if the suspect or accused is a juvenile who has reached the age of 16, the citation of the parents or other persons mentioned above is only ordered if the criminal investigative body considers it necessary [art. 505 par. (2) of the new Criminal Procedure Code]. The provisions of art. 505 par. (2) of the new Criminal Procedure Code, as well as the phrase "who has not reached the age of 16" from the content of par. (1) of the same article are unconstitutional.

CONSIDERATIONS REGARDING THE EXERCISE OF PARENTAL AUTHORITY

CONSIDERAŢII ÎN LEGĂTURĂ CU EXERCITAREA AUTORITĂŢII PĂRINTEŞTI DUPĂ DIVORŢ

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 11/2018

Keywords: divorce; parental authority; court; the best interests of the child;

Among the effects of divorce on the relationship between parents and their minor children is found the way of exercising the parental authority. In the present study we chose to analyze how is exercised the parental authority after divorce, presenting the general rule, meaning the exercise of the parental authority of both spouses, together with the criteria considered by the court, as well as exceptions to this rule, meaning the situations in which the exercise of parental authority is attributed with a single parent or is attributed with a person other than the child’s parents.

CONSIDERATIONS REGARDING THE CHILD’S HOME AFTER DIVORCE AND THE RIGHT TO HAVE PERSONAL MEETINGS WITH THE CHILD

CONSIDERAŢII REFERITOARE LA LOCUINŢA COPILULUI ŞI DREPTUL DE A AVEA LEGĂTURI PERSONALE CU ACESTA

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 12/2018

Keywords: divorce; child’s home after divorce; the best interests of the child; personal meetings with the child;

Parental divorce generates a series of changes in the child’s life, sense in which we analyzed in the present study how and criteria for determining the child’s home after divorce, as well as the correlative right of the parent with whom the child does not live to have personal bonds with the child.

CONSIDERATIONS REGARDING EXERCISING PARENTAL AUTHORITY AND THE DECLINE OF THE PARENTAL AUTHORITY EXERCISE

CONSIDERAŢII ÎN LEGĂTURĂ CU EXERCITAREA AUTORITĂŢII PĂRINTEŞTI ŞI DECĂDEREA DIN EXERCIŢIUL AUTORITĂŢII PĂRINTEŞTI

Author(s): Ioana Nicolae / Language(s): Romanian / Issue: 05/2019

Keywords: child; parental authority; parents; protection of children’s rights; the best interests of the child;

Parental authority is the main means of child protection. To achive child protection the legislator has granted a series of rights and duties to the parents and which are part of the parental authority content. Not respecticing parental duties can attract certain sanctions specific to civil law. In the present study we analized how to exercise parental authority and on the reasons that may lead to the decline of the parental authority exercise.

Withdrawal of parental rights and duties. Approval of the adoption of a vulnerable child. The right to respect for family life. Infringement. Lack of necessity in a democratic society

Retragerea drepturilor și îndatoririlor părintești. Încuviințarea adopției unui copil vulnerabil. Dreptul la respectarea vieții de familie. Încălcare. Lipsa necesității într-o societate democratică.

Author(s): Antonia-Eleonora Constantin / Language(s): Romanian / Issue: 4/2019

Keywords: The right to family life; Interference; Placement; Adoption; Guarantees; Positive obligations; Family reunion; The best interest of the child; The interests of the biological parents; Proper balance;

The circumstances regarding the family unity and its reunification, in the case of separation, inherently fall within the scope of the right to family life protected by the Art. 8 of the Convention. When the interests of a child and his parents are in conflict, in the realm of Art. 8 of the Convention, the national authorities should ensure a fair balance between them and, in this endeavor, the special attention should be paid to the best interests of the child which, in relation to their nature and seriousness, may prevail over those of their parents. A child should not be separated from his or her parents against their will, unless national authorities decide to establish so, in accordance with the applicable law and the internal procedures, that the separation is necessary for the best interests of the child. Their decision must be subject to judicial review. According to the case law regarding the imposition of restrictions on family life for the purpose of the public interest, the national authorities have a positive obligation to take measures to facilitate the family reunification as soon as possible. Any measure of temporary protection of the child should have, as a final purpose, the reunion of the natural parents to the child. However, when a considerable period of time has elapsed from the moment the child was initially taken into public custody, the child's interest of not seeing changed again the de facto family situation, may prevail over the parents' interests of reuniting the family. Since the breaking of the connections between the child and his biological family is the essence of the adoption, for its approval, there should be no real prospects of rehabilitation or reunification of the family, so that the permanently placement of the child, in a new family, corresponds to his best interests. The national authorities must ensure that, in the decision-making process regarding the child from which they were separated, the natural parents were involved, and their interests were known and, accordingly, they were taken into consideration, they were able to resort, throughout the procedure, as a whole, to the remedies available in the national law. Also, these decisions must be based on the evidence that reflects the situation of the child and the parents, at a time as close as possible to that of the adoption.

A Few Considerations Regarding the Staff Status of Social Service Providers

Scurte consideraţii privind statutul personalului furnizorilor de servicii sociale

Author(s): Lavinia Onica-Chipea / Language(s): Romanian / Issue: 1/2017

Keywords: "social services; social services providers; individual labor contract; service report; liberal profession"

The scientific approach starts with defining the main phrases that will be used in the process, namely: social services, social services providers, individual labor contract, service report, liberal profession.The analysis of the types of employment relationships in which the social services providers may be part, respectively the work relationships, born after the conclusion of the individual labor contract, the work relationship of the public servant like the one born out of the exercise of the liberal profession by the social assistant, highlight their diversity of status and the concrete aspects designed to generate specific proposals to amend the legislation in this field too.

The principle of the best interest of the child. European approach

Principiul interesului superior al copilului. Abordare europeană

Author(s): Anca-Monica Ardeleanu / Language(s): Romanian / Issue: 03/2020

Keywords: best interest of the child; rights of the child; promotion and protection of the rights of the child; UN Convention on the Rights of the Child; the Committee on the Rights of the Child;

The promotion and protection of the rights of the child has always been one of the main objectives of the European Union, but it is also a result of international commitments. All Member States of the European Union have ratified the UN Convention on the Rights of the Child, and the rules and principles of this Convention guide the policies and the actions of the Union that impact on the rights of the child. The Lisbon Treaty has conferred greater importance to the objectives of the European Union, and by Article 3 (3) of the UN Convention on the Rights of the Child it was explicitly established the imperative obligation to promote the protection of the rights of the child. In addition, the rights of the children are enshrined in the Charter of Fundamental Rights of the European Union, which by Article 24 recognizes children as independent and autonomous holders of rights, also considering the best interest of the child as paramount in relations with the public authorities and the private institutions. The transposition of the European and international objectives, as well as of the fundamental principles referring to the protection of the rights of the child took place naturally through the adoption of new national regulations reflecting the acquiescence of Romania to the European objectives and its constant concern for the protection of the rights of the child. However, in many cases there are encountered in practice situations where, although there are both the legal basis and the mechanisms necessary for its implementation, the rights of the children are not respected and/or are not given due importance. This paper aims to draw attention once again to the essential rights of children and to emphasize the fundamental principles referring to the promotion and protection of rights of the children, with particular regard to the principle of the best interest of the child, as regulated at European level. The full understanding of this fundamental principle and its correct application have major implications in making any decisions and taking any measures regarding minors. The results of the analysis carried out can subsequently be used to thoroughly analyse this topic so vast and important, as well as to conduct comparative studies or researches on how the principle of the best interest of the child finds its effective application in concrete situations.

SOME REFERENCES ON THE DISAPPEARANCE OF MINORS IN EUROPEAN LAW

UNELE REFERINŢE PRIVIND DISPARIŢIA MINORILOR ÎN DREPTUL EUROPEAN

Author(s): Marin-Claudiu Ţupulan,Cristian-Eduard Ştefan / Language(s): Romanian / Issue: 02/2010

Keywords: missing minor; kidnapping; alarming disappearance; criminal police; crime;

Opening the european borders and facilitating the transport favor the international trips and, accordingly, the exponential growth of all issues arising from this. Once the case of a missing minor gains an international dimension it becames complex. The disappearance of a minor is always an ordeal for his family. This unfortunate event generates, whatever the minor’s age, a strong fear to his parents, who are aware of the risks to which the child is exposed to the streets. The separate judicial systems, especially in the European Union, the linguistic and cultural barriers make it harder for the magistrates, for the police officers and for other associations involved in the cases of missing minor.

Issues related to the regulation of the rights of the child in Romania

Aspecte privind reglementarea drepturilor copilului în România

Author(s): Ion Popescu-Slaniceanu,Cosmin Ionut Enescu / Language(s): Romanian / Issue: 3/2013

Keywords: child; juvenile; rights; protection;

Modern societies are concerned about children, defending their rights, their protection as human beings who are not fully shaped and cannot defend their rights by themselves. In Romania, Law No. 272/2004 is the legal framework for the respect, the promotion and the guaranteeing of children’s rights. Implementation of this legislation allows for the creation of a modern, European, system for the protection of the rights of the child, harmonized with the international treaties to which Romania is party, such as the European Convention on Human Rights and the United Nations Convention on the Rights of the Child. In conformity with the above-mentioned regulations, all public authorities, non-governmental organizations, as well as natural persons and the legal persons responsible for the protection of the child are bound to respect and guarantee the rights of the child.

SUSPENSION OF THE INDIVIDUAL LABOR CONTRACT IN LIGHT OF NEW REGULATIONS LEAVE ACCOMMODATIVE

SUSPENDAREA CONTRACTULUI DE MUNCĂ CONFORM NOILOR REGLEMENTĂRI PRIVIND CONCEDIUL DE ACOMODARE

Author(s): Carmen Drugă,Nicolae Simion / Language(s): Romanian / Issue: 01/2016

Keywords: vacation accommodation; contract; suspension; payment; labour;

Labour Code, art. 49 para. 1 sets out three ways of suspending the individual labour contract: law, the unilateral act of one of the parties and the parties' agreement. For each way, covers key limiting situations where the individual employment contract or may be suspended. Art. 49 para. 2 of the Code specify that the suspension of individual labour contract has the effect of rendering the suspension of work by the employee and payment of salary rights by the employer. Regardless of why that occurred, the suspension has the effect of rendering work stoppages principal and payment of wages, while maintaining individual labour contract. However, in some situations, the employee is deprived of income, and receives different benefits (for instance, in case of temporary work incapacity, maternity leave, vacation accommodation). The funds needed to pay indemnity, contribution, administrative expenses and the transmission rights are provided from the state budget through the budget of Ministry of Labor, Family, and Social Protection. The application and supporting documents are submitted and registered with the Agency for Payments and Social Inspection county and Bucharest in whose jurisdiction the person entitled domiciled or resident. Calculation and payment of compensation, including individual contribution to health insurance, are the National Agency for Payments and Social Inspection by agencies for payments and social inspection county and Bucharest, and is payable, at the option of the person entitled, in a bank account or at his residence or at the national Fund for health insurance. This paper consider the different interpretation and way of working under the Labour Code in Romania.

Right to family life protected in the judgments of the European Court of Human Rights rendered against Romania

Dreptul la viaţă de familie protejat în hotărârile Curţii Europene a Drepturilor Omului pronunţate împotriva României

Author(s): Adriana-Florina Bălăşoiu / Language(s): Romanian / Issue: 02/2019

Keywords: private life; family life; the right to reputation; proportionality control; the rule of law;

The right to respect the private and family life in the case law of the European Court on Human Rights takes into account the evolution of the concepts of private and family life according with the social evolution. The Article 8 of the European Convention on Human Rights includes at least four different fields: the private life, the family life, the residence and the correspondence. The right to “family life” has two important dimensions: its content and the persons who can invoke it before jurisdictions. The family life is intrinsic to the human being. This concept is autonomous, being developed in the case law of the European Court. It does not overlap the family relationship or affinity governed by the domestic rules and it can exist independent of any national meaning. The Article 8 of the Convention has a horizontal character; it protects the individual not only from the arbitrary interference of the public authorities but also from the violations perpetrated by the private individuals. Therefore the States Parties to the Convention are entitled to adopt measures aimed to impose the respect the private life, even in the domain of the relationships between particulars. This also applies to the protection of the reputation against the abuses from third parties.