Child's rights protection in Romania's law system

• Author: Anca Elena Benta - Elena Ana Mihut
• Position: Counselor. Ministry of Justice - PhD Lecturer. AGORA University
• Pages: 30-44

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CHILD’S RIGHTS PROTECTION IN

ROMANIA’S LAW SISTEM

Counselor Anca Elena BenYa

Ministry of Justice

PhD Lecturer Elena Ana MihuY

AGORA University

Abstract:

In modern times the child stops being considered as a protection “object”,

becoming participant to the social, including the juridical life. The child holds the

fundamental humans’ rights as the adult does. This new concept related to child’s

protection was pointed at international level by adopting the Organization of the

United Nations Convention related to child’s rights – approved by Law

no.18/1990.

Key words: child’s rights, protection, Law no. 272/2004

Term of protection

The special situation of a child determined by vulnerabilities and his need

of protection has always been in the center of juridical provisions. In the past, at the

basis of the minorities legal regime was the conception according to which children

have to be “submitted” to the protection exercised by their legal representatives.

Traditionally, in the private law, this protection was legalized, mainly, under two

main aspects: the minor’s incapacity and the parental protection. 1

In modern times the child stops being considered as a protection “object”,

becoming participant to the social, including the juridical life. The child holds the

fundamental humans’ rights as the adult does. This new concept related to child’s

protection was pointed at international level by adopting the Organization of the

United Nations Convention related to child’s rights – approved by Law no.18/1990.

In the internal law it was transposed by adopting the Law no.272/2004 related to

the protection and promotion of the child’s rights. 1

The Law no. 272/2004 represents a real “Code of child’s protection” meant

to assure the child’s rights not only in the family, but as well as regards other rights

and civil liberties, health and the child’s wellbeing, education, recreational and

cultural activities, the special protection of the child temporarily or definitely

deprived of his parents’ protection, protection of the refugees children and

protection of children in case of armed conflict, protection of a child who

committed a deed stipulated by the criminal law and is not penally responsible,

protection of the exploited child etc. The Law no. 272/2004 represents a frame-law,

that becomes general law in the child’s protection, being accomplished by

measures included in special laws, as example the Labor code, Family code,

Education law etc.1