Theoretical and Practical Considerations Regarding the Child’s Right to a Family Environment and to Alternative Care
Journal Title: EIRP Proceedings - Year 2009, Vol 4, Issue 1
Abstract
Child protection represents the set of rights and duties acknowledged in the child’s interest, to his/her natural or foster parents, whose exercise, and fulfilment, respectively, has as purpose the insurance of the child’s raising, education and formation for life. The legal framework with respect to the protection of the minor, observance, promotion and granting of the child’s rights is established by the Family Code and by Law no. 272/2004 related to the protection and promotion of the child’s rights. The underage child’s protection is mainly and habitually done by the parents. The exercise of rights and the fulfilment of the parental duties must have in mind the superior interest of the child and ensure the child’s material and spiritual well being, especially by taking care of him/her, by maintaining personal relations with him/her, by ensuring his/her raising, education and maintenance, as well as by his/her regal representation and by the management of his/her patrimony. In this sense, art. 5 paragraph (2) of Law no. 272/2004 stipulates that the responsibility for the bringing up and insurance of the child development devolves mainly upon the parents, who must exert their rights and fulfil their obligations towards the child, taking into account, first of all, his/her highest interest.
Authors and Affiliations
Aurelian Gherghe
Keywords
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