| Abstract [eng] |
The respect for the family‘s life and it‘s protection from the unauthorized interference is guaranteed in the European Convention on Human Rights and in the Convention on the Rights of the Child but when the parents fail to properly exercise parental authority and thus violate the child's legitimate interests, the national authorities have the right and duty to protect the rights of the child and if it is necessary to restrict parental authority by separating (in the broad sense) child from it‘s parents. The analysis of children‘s right protection measures which restricts the parental authority, is carried out focusing on the basis of the application of these measures. The changes in the regulation of the protection of the rights of the child has raised public‘s awereness on the protection of the rights of the child and revealed that there is a wide variety of viewpoints and attitudes regarding the theoretical and practical aspects the restriction of parental authority, therefore the analysis carried out in the thesis is exceptionally relevant. The Master thesis analyses the concept and basis of child‘s separation from parents, restriction of parental authority and taking a child from his or her legal representatives. It also analyses general basis for all the child‘s rights protection measures restricting parental authority. The analysis is carried out both at the theoretical and practical level, examining the regulation enacted in legal acts as well as the case law of the national courts of the Republic of Lithuania and European Court of Human Rights. In order to identify and to offer solutions to the existing problems, the biggest focus is on the problematic aspects of the regulation and practical application of child’s rights protection measures that restrict parental authority. |
