Theoretical aspects on issues faced by disadvantaged categories of minors in European Union and in Romania

• Author: Maria Gabriela Zoana - Andra Nicoleta Dascalu Puran
• Position: Lecturer Ph.D. 'Titu Maiorescu' University of Bucharest, Faculty of Law - Teaching assistant, Ph.D. candidate, University of Pitesti, Faculty of Law and Administrative Sciences
• Pages: 306-309

THEORETICAL ASPECTS ON ISSUES FACED BY DISADVANTAGED CAT EGORIES OF MINORS

IN EUROPEAN UNION AND IN ROMANIA

Maria-Gabriela Zoan

Andra Dasclu (Puran)

Abstract

The Char ter of Fundamental Rights of the Eur opean Union, annexed to the Lisbon Treaty, states the

rights of children, o ffering the Union a powerful credit for guaranteeing sur vival, protection a nd development of

children. These vulnerab le children should be described by indicators a nd objectives from the Eur opean

Platform a gainst Poverty.

Key words: minor, juvenile crimes, education, a bandonment, social protection, poverty risk.

Introduction

The lega l framework of settling the issues a iming the rights of children in con tempora ry societies is

circumscribed nationally by constitutions, special laws dedica ted to the protection of children, in the Union by

the Charter of Fundamental Rights of the European Union a nnexed to the Lisbon Treaty

1, and by communitarian

directives and regula tions, a nd internationally by universa l decla rations or conventions. In this regard we

mention the r ight of children to identity, name a nd citizenship, the rig ht to family protection, the right to know

their paren ts, the right to education, freedom of expressio n, information, social protection and the right to

benefit of education and health, etc.

I. Overview on the limit situations of categories of minors and issues generated by it

Both nationally, as well as communitarian, issues or limit situation of minors can be identified:

- In the families2 of third-country nationals found legally or illegally on the territory of the Union.

- In the case of disadvantaged children, with small incomes and the case of children belonging to ethnic

minorities.

- In the families of nationals of EU Member States with poor financial resources.

- In the educational or social protection system, at the level of access to health care services for multiple

causes, most times impossible or difficult to quantify because of the lack of data, studies or official reports.

In the same vei n3, the UN network of independent experts on social inclusion has identified specific

groups of children with a high risk of extreme poverty4, namely:

a) Institutionalized children or children who have been institutionalized, street children, victims of abuse,

maltreatments or negligence, children whose parents ha ve mental health problems, children in placement,

homeless children and victims of domestic violence or trafficking in human beings.

b) Children with disabilities, children belonging to ethnic minorities, Ro ma children, asylum seekers or

young immigrants.

c) Children coming from poor rural areas, isolated and without basic facilities, as well as children living

on the outskirts of large urban agglomerations.

Children of teenage mothers. This category of children is very exposed to abandonment risks in the case

of newborns in maternities, most times doubled by the membership of the mother to the same so cial category of

minors. “Children with teenage mothers”, as well as “children-parents”, are dif ferent social categories requiring

special protection programs.

Children with divorced pa rents. According to the law, these children are p laced in the custody of one of

the parents (usually the mother’s, receiving alimony established according with the father’s incomes).

Children a bandoned in hospitals. Man y of these child ren are abandoned in maternities, right after birth,

and it has been proven that reliable statistics cannot be made starting from the socio-demographic features of the

mothers, because many of them do not give full or true information about them in the moment of hospitalization

(name, residence, civil status, address), thus the searches fail in most cases.

 Lecturer Ph.D. “Titu Maiorescu” University of Bucharest, Faculty of Law, e-mail: ijjs@univagora.ro

 Teaching assistant, Ph.D. candidate, University of Pitesti, Faculty of Law and Administrative Sciences, email: andradascalu@yahoo.com

1 E. Valcu, Dr ept comunitar instituional. Curs universitar, 2nd Edition, reviewed and amended, Sitech Publishing House, Craiova, pp. 110-

111.

2 During January-September 2 009, almost one third of the cases of domestic violence were against children, see in this regard the Statistic

Bulletin no. 5/2009 Family Protection, issued by the Ministry of Labour, Family and Social Protection.

3 Opinion of the European Economic and Social Committee on “Child poverty and children's well-being” (exploratory opinion)

(2011/C44/06).

4 A child “exposed to p overty risk” is living in a household “exposed to poverty risk”, in other words, a household where the total incomes

represent less than 60% of the equivalent medium national income.