Application of article 12 of the Convention on the rights of the child in judicial proceedings in Republic of North Macedonia

Sutova, Milica (2019) Application of article 12 of the Convention on the rights of the child in judicial proceedings in Republic of North Macedonia. Зборник на трудови Охридска школа на правото. ISSN ISBN 978-608-66152-4-6 (кн. 9)

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APPLICATION OF ARTICLE 12 OF THE CONVENTION ON THE RIGHTS OF THE CHILD IN JUDICIAL PROCEEDINGS IN REPUBLIC OF NORTH MACEDONIA.pdf

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Abstract

Abstract: The Convention on the Rights of the Child has influenced the advancement of the child’s procedural status in judicial and administrative proceedings concerning his interests. This knowledge is a challenge to study the model of hearing a child in divorce proceedings that correspond to the principle of respecting the best interests of the child. In this paper, the author analyzes the model that is applied in our country in accordance with the Family Law, showing the weaknesses of the existing legal solutions. Consequently, the comparative analysis of the institute - best interest of the child - de legelata was made. This research is done in order to propose the best solutions that would be implemented in the Macedonian legislation - de lege ferenda. Based on the analysis of the shortcomings in our legislation, and taking into account the best models applied by the European countries, the author proposes amendments to the legislation, in which Article 12 of the UN Convention on the Rights of the Child still has not been consistently implemented, with purpose to overcome weaknesses and provide greater legal security for child. Key words: child’s opinion, divorce, parental responsibility, children’s best interest.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Milica Sutova
Date Deposited: 03 Feb 2020 12:07
Last Modified: 03 Feb 2020 12:07
URI: http://eprints.ugd.edu.mk/id/eprint/23683

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