Best Interests of the Child Achieved Through Constitutional Case-Law
10 Pages Posted: 16 Oct 2013
Date Written: October 9, 2013
Although the Constitution of Romania does not specifically enshrine the principle of the best interests of the child - the relevant constitutional text (Article 49) using the phrase “special protection and assistance”, this principle has been asserted in the case-law of the Constitutional Court and it is currently regulated also in infra-constitutional laws. These laws also establish the main coordinates that must be taken into account upon taking decisions relating to the child (needs for development - physical, psychological, education and health, security, stability and affiliation to a family; child’s opinion, according to age and degree of maturity; history of the child, ability of the parents or of the persons entrusted with child-raising and childcare to meet his specific needs), as well as appropriate safeguards.
The jurisprudential benchmarks presented illustrate the issues examined by the Constitutional Court of Romania in relation to this subject matter, its influence on the legislator and, from this perspective, the importance of constitutional justice, respectively the importance of the cooperation between constitutional courts for the realisation of basic rights, in general, and of the best interests of the child, in particular.
Venice - 12th meeting of the Joint Council on Constitutional Justice and mini-conference on "Children's Rights".
Keywords: best interest of the child, constitutional justice, constitutional review, state allowance, parental allowance, parental leave, filiation
JEL Classification: K10
Suggested Citation: Suggested Citation