Pregledni rad
https://doi.org/https://doi.org/10.30925/zpfsr.47.2.10
On the Effectiveness of Representation by a Special Guardian for a Child: From Normative Requirements to Practical Implementation
Nataša Lucić
; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet Osijek, Hrvatska
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* Dopisni autor.
Sažetak
The child’s right to effective representation is recognized in numerous international instruments, which emphasize that representation should ensure genuine, rather than merely formal, participation of the child in proceedings affecting them. In line with these standards, a normatively strong framework for the representation of children has been developed in national law through the institution of a special guardianship for the child. However, the question arises as to the extent to which such a legal framework is effectively realized in practice. In this context, the aim of this paper is, on the basis of the relevant national and supranational legal framework, to define the key stages of effective representation of the child through the institution of a special guardianship. In this regard, the fundamental steps and actions that a special guardian should undertake to ensure the realization of the child’s right to participation and the protection of their interests are identified. The paper then examines, through an analysis of case law, the extent to which these standards are achieved in judicial proceedings. Finally, the paper identifies key issues in the application of the institution of the special guardianship and proposes measures for improving the system, which should contribute to a shift from the formal fulfilment of prescribed obligations towards a genuinely substantive and more effective protection of the child’s procedural rights in family law matters.
Ključne riječi
child; representation; special guardian; case law.
Hrčak ID:
350946
URI
Datum izdavanja:
15.9.2026.
Posjeta: 0 *