Annual of social work, Vol. 24 No. 1, 2017.
Other
https://doi.org/10.3935/ljsr.v24i1.163
THE REALISATION OF THE RIGHT OF THE CHILD TO EXPRESS HIS/HER VIEWS– HOW »VISIBLE« ARE CHILDREN IN CROATIAN FAMILY JUDICIAL PROCEEDINGS?
Irena Majstorović
orcid.org/0000-0002-4937-5968
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The aim of the paper is to present some thoughts on the realisation of the right of the child to express his/her views in family judicial proceedings from the standpoint of substantive family law. The author shall try to prove that legal framework is in general adequate, although some changes are needed on the national level, particularly as regards bylaws. Nevertheless, the discrepancies between normative solutions and the practice shall be analysed, which reopens the question of real implementation of the right of the child to be heard. Hence, instead of a conclusion, several important questions shall be presented, in particular regarding the issues as to who should establish the views of the child, where, when and how it should be done, and most importantly, why should the child be enabled to exercise his/her right to express personal views in family procedures, with the general goal of making the children more »visible«.
Keywords
right of the child to express his/her views; Convention on the rights of the child; Family act; Bylaw of establishing the views of the child; discrepancies between normative solutions and reality
Hrčak ID:
185289
URI
Publication date:
26.7.2017.
Visits: 2.824 *