THE CHILD’S RIGHT TO RESPECT
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Abstract
This article aims to define the concept of the child‘s right to respect, as well as reviewing the related implementation and defence mechanisms, following the adoption of the amendments to the Law on Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania in 2017. Although the analysis is essentially directed at highlighting the concept of the child’s right to respect entrenched in the national legal system and the scope of the protection provided therein, the chosen object for research is also examined in the context of international law (legal norms, international jurisprudence).
The child’s right to respect is analysed in this article in substantive and procedural terms. In the first part of the article, the content of this right established in the national legal system is also outlined in the light of the requirements of international law. The provisions of the Constitution of the Republic of Lithuania and those of the constitutional doctrine are highlighted in this context, and the relationship between the child‘s right to respect and respect for honour and dignity is reviewed. The scope of the protection of this right to respect is also examined on the basis of the jurisprudence of the Supreme Court of Lithuania. The second part of the article is dedicated to an analysis of the specifics related to the participation of children in court proceedings (civil, criminal). The rights granted to children and the situation with regard their implementation, as well as the conditions provided by national law for the implementation of the child’s right to be heard are analysed in this respect. Finally, conclusions are drawn on the concept of the child’s right to respect, and the nature and specifics of its defence.
The child’s right to respect is analysed in this article in substantive and procedural terms. In the first part of the article, the content of this right established in the national legal system is also outlined in the light of the requirements of international law. The provisions of the Constitution of the Republic of Lithuania and those of the constitutional doctrine are highlighted in this context, and the relationship between the child‘s right to respect and respect for honour and dignity is reviewed. The scope of the protection of this right to respect is also examined on the basis of the jurisprudence of the Supreme Court of Lithuania. The second part of the article is dedicated to an analysis of the specifics related to the participation of children in court proceedings (civil, criminal). The rights granted to children and the situation with regard their implementation, as well as the conditions provided by national law for the implementation of the child’s right to be heard are analysed in this respect. Finally, conclusions are drawn on the concept of the child’s right to respect, and the nature and specifics of its defence.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
