engleski

Human dignity and legal protection of children in administrative procedures in the field of social welfare

Dürig understands the concept of human dignity as an essential content of law, which is the basic subject of constitutional protection and a necessary complement to justice. On the other hand, human dignity is seen as a moral constraint on political power, while the preamble to the UN Universal Declaration of Human Rights speaks of innate dignity. Although the provisions on human dignity are primarily contained in the constitutional provisions of a number of legal orders, it should be noted that the special position of the right to human dignity is recognized by the German Grundgesetz (the Basic Law). The Croatian constitutionalist included the guarantee of respect and legal protection of dignity in personal rights according to Art. 35 of the Constitution of the Republic of Croatia. In the context of respecting the constitutionally guaranteed human dignity, the authors emphasize the importance of ensuring legal protection and the right to a declaration of the child, ie the child's participation in decision- making in selected special administrative procedures. Therefore, based on the normative analysis of the relevant procedural provisions of the GAPA (lex generalis), the Family Act and the Social Welafre Act (lex specialis), certain deviations and specifics are pointed out. Using the case method, the statistical data of SWC Osijek in the observed period are analyzed in relation to the imposition of emergency measures and warnings. The already demanding role of social workers as protectors of citizens' rights with numerous powers and duties, as well as the scope of SWC's actions, was further emphasized and a “special burden” was placed on it under the influence of the COVID-19 pandemic

human dignity ; administrative procedures ; legal protection of children ; social welfare ; Social Welfare Center

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