Special actions for the protection of children's rights in Romania

• Author: Anca Elena Benta
• Position: Counselor. Ministry of Justice
• Pages: 18-29

18

SPECIAL ACTIONS FOR THE PROTECTION OF

CHILDREN’S RIGHTS

IN ROMANIA

counselor Anca Elena BenYa

Ministry of Justice

Abstract:

The Convention on the Rights of the Child”, adopted by the UNO General

Assembly on November 20, 1989, constitutes a fundamental document by which the

concern about the future generations becomes a legal instrument, and the idea of

child protection becomes a principle of the domestic legislations of different states.

In order to continue the process of adapting modern legislation to

international conventions in the child protection field, to reconsider the impact of

economic transition on children, and to take some adequate protection actions, to

promote research in the field of child abuse and neglect, to continuously improve

national legislations on adoption, to increase the role of local public authorities in

the field of child and family protection, as well as to improve the justice system for

minors, Romania ratified the Convention on the Rights of the Child by Law

no.18/1990, published in the Official Journal no.109 of September 28, 1990.

Key words: children’s rights, protection, authorities.

The protection of minors is guaranteed in Romania through laws that

transpose the latest issues in international law into national legislation, and

intensive efforts are made to concretely apply the regulations. As provided for by

the Constitution of Romania at art.49 – Protection of children and young people -

“children and young people shall enjoy special protection and assistance in the

pursuit of their rights”. Thus, according to specific legislation, special protection

materializes in the following actions:

a).. Special protection of the minor, of the child temporarily or

permanently deprived of parental care. – is a first action regulated by Law

no.272/2004 in Chapter 3.

According to art.39 of Law no.272/2004, any child who is, temporarily or

permanently, deprived of his/her parents’ care, or who, for the protection of his/her

interests, cannot be left in their care has the right to alternative protection.

Alternative protection includes, besides instituting guardianship and adoption,

special protection actions provided for by law. When choosing one of these

solutions, the competent authority will consider the necessity to ensure continuity