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SPECIAL ASPECTS REGARDING THE PROTECTION OF CHILDREN RIGHTS IN THE EUROPEAN UNION AND ALL OVER THE WORLD
Abstract
In the present paper we aim to analyze several key aspect regarding the protection of the children’s rights in the EU specially and all over the world, in general. We will refer to the 1980 Hague Convention which applies in all EU member states in regard to the children under the age of 16 who are displaced from their habitual residence in another state or are detained in this second state unlawfully. The provisions of the Hague Convention apply if the child was illegally moved to or from a country which is a party to this Convention and if the minor was under sixteen years of age at the time of his removal or detention. Children are one of the most vulnerable category of people and the states should be very careful in regard to their protection. That is why there is a need to raise awareness and improve the knowledge and analysis of the legal standards that ensure the actual protection and promotion of these rights. We will also refer to the EU regulations: the Treaty on European Union (TEU) which establishes the Union’s obligation to promote the protection of children’s rights, the Charter of Fundamental Rights of the European Union (EU), EU regulations and directives and the jurisprudence of the Court of Justice of the European Union (CJEU). Within the Council of Europe, many conventions focus on specific aspects of the protection of children’s rights, from their rights and safety in cyberspace to adoption. Results and implications: These conventions complement the protection granted to children under the European Convention on Human Rights and the European Social Charter, including under the jurisprudence of the European Court of Human Rights (ECHR) and the decisions of the European Committee of Social Rights (ECSR).
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References16
Marriage and divorce statistics, Eurostat statistic explained, available at https://ec.europa.eu/eurostat/statisticsexplained/ index.php?title=Marriage_and_divorce_statistics#Fewer_marriages.2C_fewer _divorces, accessed on 10th of July 2024.
Popa D., Divorce statistics in Romania: how long does marriage lasts on average and at what age do most Romanians divorce, HotNews.ro, Romania, available at https://hotnews.ro/statistica-divorturilor-din-romnia-ct-dureaza-n-medie-casnicia-si-lace- vrsta-divorteaza-cei-mai-multi-romni-915874, accessed on 10th of July 2024, published on the 3rd of July 2024.
Divorce.com Staff, Divorce rates in the World: Divorce rates by country, available at https://divorce.com/blog/divorce-rates-in-theworld/? utm_source=google&utm_campaign=&utm_medium=&utm_content=&utm_ter m=&adpos=&utm_pl=&cr=&sadt=&gclid=CjwKCAjw1920BhA3EiwAJT3lSbohvKk4 UWJmDtKTL4sFhTC7Z5NXHvvg6La1NZtAnSDTITsUsokTjhoC7GsQAvD_BwE&e xperiment=&expvar=&gad_source=1, accessed on the 16th of July 2024, updated on July 15th, 2024.
Hague Convention of 1980 on the civil aspects of international child abduction, available at https://www.hcch.net/en/instruments/conventions/full-text/?cid=24, accessed on July 3rd 2024.
Romanian Parliament Law no. 100 of September 16th 1992, for Romania’ accession to the Hague Convention of September 25th 1980 regarding civil aspects of the international child abduction, Romanian Official Gazette no. 243 of September 30th 1992.
Handbook on European law relating to the rights of the child issued by the European Union Agency for Fundamental Rights and Council of Europe, 2015, p. 87.
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32003R2201, accessed on July 3rd 2-24.
Law no. 248/2005 regarding the regime of free movement of Romanian citizens abroad published in the Official Gazette no. 682 of July 29th 2005 with modifications and completions.
Case of Povse vs. Austria, available at https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-122449%22]} accessed on July 15th 2024.
Handbook on European law relating to the rights of the child issued by the European Union Agency for Fundamental Rights and Council of Europe, 2015, p. 90.
Convention of June 20, 1956, concluded in New York and published in the Romanian Official Gazette no. 54 of March 19th, 1991.
Romanian Civil Procedure Code entered into force on July 1st, 2010, republished in the Romanian Official Gazette no. 247 of April 10th 2015
Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, available at https://www.hcch.net/en/instruments/conventions/full-text/?cid=131, accessed on July 15th 2024.
EU Charter of Fundamental Rights available at https://eur-lex.europa.eu/legalcontent/ EN/TXT/PDF/?uri=CELEX:12012P/TXT, accessed on July 16th 2024.
Romanian Civil Code entered into force on July 17th 2009, republished in the Romanian Official Gazette no. 505 of July 15th 2011.
Decision no. 15/2019 published in the Official Gazette no. 637/31.07.2019, available at https://lege5.ro/Gratuit/gm2danrtgyya/decizia-nr-15-2019-referitoare-la-respingereaexceptiei- de-neconstitutionalitate-a-dispozitiilor-art-264-alin-1-din-codulcivil# google_vignette, accessed on July 16th 2024.
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