Naslov
The Impact of the European Court of Human Rights on the Adoption Procedure in Croatia

Autori
Guštin, Matko

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
International Family Law Conference and Debate 2022

Mjesto i datum
Bratislava, Slovačka, 16.06.2022

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
adoption, European Court of Human Rights, biological parents, persons deprived of legal capacity, consent to adoption

Sažetak
The judgments of the European Court of Human Rights significantly influenced the regulation of adoption in Croatia. Namely, in the cases of X. v. Croatia and A.K. and L. v. Croatia, a violation of the right to respect for family life was established because the biological parents of the child were excluded from the adoption procedure and they did not have the opportunity to declare about it. It is important to point out that these were parents deprived of legal capacity and the right to parental care. Thus, the European Court of Human Rights established with these two judgments that all biological parents should be allowed to declare about adoption, whereby any contrary action would represent a violation of the right to respect for family life from Article 8 of the European Convention on Human Rights. (New) Croatian Family Law from 2015 places special emphasis on consent to adoption, as the central point of this procedure. The crucial change refers to the fact that parents deprived of legal capacity give (under certain conditions) their consent to the adoption of a child, while parents deprived of the right to parental care can express their opinion on adoption. With the existing legal solution, the legislator achieved a balance between the interests of the child and the biological parents. However, due to the complexity of adoption, in addition to the aforementioned cases, it is necessary to analyze the recent ECtHR case in this area for a more complete understanding of this issue and the real influence of the European Court of Human Rights on the adoption procedure in Croatia, especially in connection with consent to adoption.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA