| Abstract [eng] |
Movement for child‘s rights, which began in the second half of the twentieth century led to changes in the concept of the implementation of parental authority, not only in Lithuania, but in many other countries. The child was recognized as independent legal entities, having autonomous rights and obligations. Therefore, parents (adoptive parents) as the statutory representatives of the child, exercising parental authority is required to ensure the protection of children‘s rights and legitimate interests. According to the content of parental authority, which consists of the moral and economic rights and obligations, inappropriate implementation of parental authority are subject to different liability measures. For example, the limitation of parental authority is a specific measure of civil liability for inapproptiate implementation of moral rights and obligations. Lithuania, like many other European countries acknowledge that family plays the most important role in every child‘s development. The European Court of Human Rights (the Court) case law in the decisions of the protection of a person‘s right to respect for „family life“ take note of necessity to ensure the child‘s right to the care of the family. The practice of the Supreme Court of the Republikc of Lithuania (CSL), analized in the paper, shows that presently this particular derection is being taken. Lithuanian case law analysis reveals the influence of courts in cases relating to the application and interpretation of the limitation of parental authority. The paper seeks to determinate not only the moral, but also economic consequences of the inappropriate implementation of parental authority. The practice of the SCL , analysed in the paper shows that the child‘s right to support and its defence depends on how the issues of children support entities are settled, how it affects the implementation of parental authority. In the paper are elaborated not only the limitation of parental authority, but also other consequences of the inappropriate implementation of parental authority: the compensation of economic and moral damages, the possibility of restitution, etc. According to the principle of family autonomy and the European Convention of Human Rights (the Convention, Art. 8), which establishes the protection of every person from the State illegal and unjustified interference into the family, the paper will determine the criteria on which the Court and the SCL shall decide on the compatibility of such intervention with the Convention and national legislation. |
