Naslov
The best interest of the child – a guiding principle in administering cross-border child related matters?

Autori
Župan, Mirela

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The United Nations Convention on the Rights of the Child: Taking Stock after 25 Years and Looking Ahead

Urednik/ci
Liefaard, Ton ; Sloth-Nielsen Julia

Izdavač
Brill

Grad
Leiden

Godina
2017

Raspon stranica
213-229

ISBN
978-90-04-29504-9

Ključne riječi
best interest of a child ; CRC

Sažetak
This paper focuses on the way in which the legal principle of the best interests of the child has infiltrated the legal discipline of private international law and international procedural law, which is applied to solve the cross-border i.e. international disputes referring to the rights and the interests of children. In addition to Article 3, the CRC itself stressed specific areas where special attention should be paid to the protection of the best interests of the child. In this respect, a number of provisions are particularly significant for resolving cross- border cases. Despite these guidelines, the effects of the CRC standards relating to the best interests of the child now extend far beyond the CRC itself! tThe most intriguing questions in cross-border cases seem to be are those concerning the interpretation of the best interests of the child related to the HCCH Convention on Intercountry Adoption of 1993, Child Protection Measures of 1996, Child Abduction of 1980, and EU Regulations, particularly Brussels II a. Challenging legal issues on best interest of a child in genetically assisted procreation or surrogate motherhood are discussed as well.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA