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CHILD - FRIENDLY JUSTICE - FROM THEORY TO PRACTICE
Abstract
Minors involved in administrative or judicial proceedings are severely affected by the experience of their going through. This is why it is required a supplementing of the legislation with provisions that can support minors in order to express themselves without coercions and without fear, and their rights to be respected in the interaction with public authorities. This implies the training of all categories of professionals who interact with minors in these legal procedures, in the sense of knowing the basic notions of child psychology, but also notions from the legislation applicable to the field of minor protection. The regulation of these aspects can be achieved by adopting common normative acts at national level, after a detailed analysis of the relevant case law and the rules already applicable in the field of child protection. Law No. 272/2004 on the protection and promotion of the rights of the child details only part of the rights that a minor has in Romania. Its provisions have to be supplemented with those found in domestic and international law and with a series of updated procedures, instructions or methodological norms. At this time, the rights of the child are established in the United Nations Convention on the Rights of the Child, in the Guidelines of the Committee of Ministers of the Council of Europe concerning Justice in the Interest of the Child, in the Charter of Fundamental Rights of the EU, in the EU Strategy on the Rights of the Child, in the Council of Europe Strategy on the Rights of the Child (2016-2021) etc. Notwithstanding, they must be permanently updated and correlated so that at national level the child can plenarily benefit from their existence.
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References7
The EU Charter of Fundamental Rights, available on page https://eurlex.europa.eu/legal-content/RO/TXT/?uri=celex%3A12012P%2FTXT, accessed on 31.07.2022.
Order No. 5447/2020 on the Approval of the Framework Regulation for the Organization and Functioning of Pre-university Education Institutions, issued by the Ministry of Education and Research on 31.08.2020, published in the Official Gazette of Romania No. 827 dated 9 September 2020.
Law No. 272/2004 on the protection and promotion of the rights of the child, republished in the Official Gazette of Romania, Part I, No. 159 of 5 March 2014.
Law No. 135/2010 (Code of Criminal Procedure), published in the Official Gazette of Romania, Part I, No. 486 of 15 July 2010.
Guidelines of the Committee of Ministers of the Council of Europe on Child-Friendly Justice, available on page https://www.coe.int/en/web/children/child-friendly-justice, accessed on 31.07.2022.
Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural guarantees for children who are suspects or defendants in criminal proceedings.
Child-Friendly Justice: Developing the concept of social court practices (878552 – CFJ-DCSCP). REC-AG-2019/REC-RCHI-PROF-AG-2019-878552, avalable on page https://validity.ngo/projects-2/child-friendly-justice/ , accessed on 31.07.2022.
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