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The Main Challenges of Implementing the Procedural Rights of the Child in the Family Justice Systems of Some Southeast European Countries

Children can and do have different individual rights, but these have almost no value if they cannot be exercised. Therefore, it is extremely important to guarantee the procedural rights of children at the legislative level, empowering them to protect their threatened or violated individual rights in court (and administrative) proceedings. Children as holders of certain individual rights should be empowered to initiate proceedings for their realisation and protection. However, it is relatively common for children to be involved in divorce proceedings and proceedings regarding parental care and responsibilities initiated by their parents (or certain custodial bodies in exercising their powers and duties in the public protection of children). The United Nations Convention on the Rights of the Child is of fundamental importance because of the way it affirms that children should not be seen as passive individuals but as fully-fledged persons with the right to express their own views on all matters affecting them. This chapter describes the procedural rights of children in family justice systems under current Croatian regulation, as well as the regulation of neighbouring post-Yugoslav countries. The authors outline the basic guidelines, characteristics and problems of the law, and current reforms in these countries relating to the issues of children’s visibility, participation and rights- enforcement in family court proceedings.

procedural rights of a child, family justice systems, Croatia, Southeast European Countries, procedure

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