Application of European Standards in Civil Proceedings for Establishing Children's Rights in the Macedonian Legal System

The rights of the child, as enshrined in Article 12 of the Convention on the Rights of the Child, constitute one of the fundamental values of contemporary European law. The jurisprudence of the European Court of Human Rights represents an essential procedural guarantee closely linked to the principle of the best interests of the child. Through an analysis of European standards on child participation in civil proceedings, the author pays particular attention to the case law of the European Court of Human Rights, in which the Court emphasizes that the participation of the child is a prerequisite for ensuring respect for the right to family life under Article 8 of the European Convention on Human Rights.
In Sahin v. Germany and Sommerfeld v. Germany, the Court emphasized the obligation of national courts to adequately involve the child in proceedings concerning custody and contact, either directly or through appropriate representation. In M. and M. v. Croatia, the Court found a violation of Article 8 due to the failure of domestic authorities to ensure the child’s meaningful participation in proceedings directly affecting family relations.
Within this context, the author analyses the extent to which Macedonian legislation aligns with European standards and, by examining the legal provisions governing the child's hearing and procedural status, identifies existing shortcomings and proposes de lege ferenda solutions to address them. The analysis demonstrates that, in many disputes arising from family law relations, as well as in judicial decisions, the child continues to be treated as an object of proceedings, even though courts are empowered—ex officio or upon request of one of the parties—to decide on children’s rights, even when taking into account the best interests of the child.