The parenting responsibility in the context of the convention on the rights of the child and protection before the European court of human rights

Abstract

The aim of this paper is to emphasize the importance of the UN Convention on the Rights of the Child (UNCRC) as a fundamental international document and an important framework for family law in the context of the parent-child relation. In order to achieve the highest standards of protection of individual rights and freedoms, modern legislations invest special attention to the principle of protection of the rights and the interests of the child. However, from the legal viewpoint, this principle has been affirmed with the adoption of the above mentioned UN Convention as a codifying document for the rights of the child. In this regard, there is a need to reform family law legislation of Macedonia in order to provide better protection of the child’s interests through a complete implementation of the UNCRC and other important international documents in this field.

The provisions of the UNCRC as the most important international instrument for the protection of the rights of the child are usually cited as the main source for the work of the European Court of Human Rights (ECtHR) and the UN Human Rights Committee (UNHRC).

In order to tackle all the important dimensions of the problem, this article will include comparative theoretical references and legal provisions such as the European documents in the field of parenting responsibility (Council of Europe standards and documents adopted in The Hague conference).