Challenges of implementing Law No. 18, dated 23.02.2017, “On the rights and protection of the child”

Abstract

This paper aims to present several theoretical and practical aspects related to the implementation of the Law “On the Rights and Protection of the Child.1” In adopting this law, the legislator sought to take measures to ensure that every child exercises their rights in accordance with their personal development and based on their best interests. Furthermore, in order to adopt concrete measures for the promotion, respect, and protection of children’s rights, the legislator has emphasized the need for cooperation among central and local structures, authorities, and organizations that safeguard children’s rights. The Law “On the Rights and Protection of the Child,” as an important legal act in the field of children’s rights, reflects a series of principles already enshrined in international instruments that guarantee and protect the rights of the child. To ensure the child’s healthy physical, mental, moral, spiritual, and social development, as well as to secure an adequate family and social life, the law establishes the fundamental principle of the best interests of the child2, which must be the primary consideration in all decisions concerning the child3. Respect for the best interests of the child is a binding obligation for parents in the context of building stable family relationships, but it also constitutes a duty for key actors within the integrated child protection system. Therefore, the law also enshrines several other important principles, including: – The principle of equality and non-discrimination;– The principle that every child should live and grow up in an appropriate family environment, and that separation from the family should be considered only as a last resort;– The principle of participation, listening to, and respecting the views of the child, in accordance with the child’s age and capacity for understanding;– The principle of the primary responsibility of parents to provide their child with adequate living conditions, and to ensure their proper upbringing, development, well-being, education, and learning4.