<abstract xmlns="http://www.w3.org/1999/xhtml">The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author.In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents.This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine for defining but also establishing criteria to appraise the best interests of the child, prior to the amendment of Law no. 272/2004 on the protection and promotion of children’s rights.</abstract>

The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the Rights of the Child. They enshrine the prevalence of this principle in any decision that must be made with regard to the child, and regardless of its author.In the matter of parental authority, the Romanian Civil Code subordinates parental rights and duties to this principle, placing the interests of the child above the interests of parents.This study presents such aspects as referring to the principle of the best interests of the child, including from a historical perspective, while also emphasising concern in the doctrine for defining but also establishing criteria to appraise the best interests of the child, prior to the amendment of Law no. 272/2004 on the protection and promotion of children’s rights.

Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority

„Vasile Goldiș” Western University of Arad, „Lucian Blaga” University of Sibiu, Faculty of Law, PhD Candidate

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The principle of the best interests of the child is the basis for international or national normative documents adopted after the 1989 UN Convention on the...

Considerations on the Best Interests of the Child as a Principle of Exercising Parental Authority

Publié en ligne: 30 déc. 2016

Pages: 88 - 96

Reçu: 01 sept. 2016

Accepté: 01 nov. 2016

DOI: https://doi.org/10.1515/jles-2016-0018

© 2016 Cosmina Flavia Bobar, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.