Original scientific paper
https://doi.org/10.31141/zrpfs.2021.58.141.815
Advocacy regarding the essential, personal rights of the child
Nataša Lucić
; Pravni fakultet Sveučilišta u Osijeku, Osijek, Hrvatska
Abstract
The theme of this paper is representation in relation to the essential personal rights of the child which, according to national family law legislation, essentially includes representation in connection with the change of the child’s personal name, change of residence of the child and choice or change of the child’s religion. Representation of the child is the content of parental responsibilty and in exercising of parental responsibilty the parents are completely equal. In this sense, in situations where there is no agreement between the parents on the essential personal rights of the child, it is demanding to generate solutions that will protect the best interests of the child, and at the same time will not jeopardize the equal position of parents as his/her legal representatives. The paper also discusses representation in relation to the essential personal rights of the child when the child does not have adequate parental care and of the role of guardian in such circumstances. The aim of this paper is to assess the current legal situation in the field of representation in relation to the essential personal rights of the child, based at the analysis of relevant regulations at national, European and international level, and to give de lege ferenda proposals that will contribute to harmonization of national regulations in this legal area.
Keywords
child; representation; essential personal rights; parental care
Hrčak ID:
262168
URI
Publication date:
7.9.2021.
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