Drepturile copulului şi exercitarea drepturilor părinţilor [Articol]

Abstract

The parent-child relationship is a fundamental element of family life, and the best interest of the child must be protected regardless of the evolving personal relationship between parents. One of these aspects concerns the child's right to maintain contact with both parents. Towards this end, the child has the right to be heard in any matter of parental responsibility, taking into account the child's age, level of intellectual and emotional maturity. According to ECtHR jurisprudence, the right of the child to be heard must be left to the discretion of national courts, taking into consideration the relevant established facts and the circumstances of the case. The European court has consistently held that national authorities bear the responsibility of protecting children's interests by adopting reasonable guardrails, effectively investigating allegations, and implementing remedies as they see fit. Social services have the duty to ensure a fair balance of everyone's interests, as well as protect the child against any abuse or discrimination.