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CNAA / Theses / 2009 / June /

Particularităţile protecţiei drepturilor copilului în dreptul internaţional public


Author: Ţarălungă Victoria
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2009
Scientific adviser: Oleg Balan
doctor habilitat, professor, Institute of History of the ASM
Institution: Institute of History of the ASM
Scientific council: D 15-12.00.10-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 12 June, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document0.22 Mb / in romanian

Thesis

CZU 341.1. 8 (043.3)

Adobe PDF document 1.03 Mb / in romanian
169 pages


Summary

The thesis constitutes a scientific study in the legal field of international protection of the rights of the child.

Chapter I is entitled " The institution of international protection of the child's rights in the context of international law of human rights" and consists of two paragraphs in which the author examines the history of the emergency and the development of the institution of international protection of children's rights. Also, to achieve a comprehensive analysis of the legal institution, the author submits to research and highlights the principles specific to the institution of international protection of the rights of children.

Chapter II, entitled "Peculiarities of the international protection of the child's rights", is structured in four paragraphs, and is dedicated entirely to this institution of international law. For a better understanding and analysis of these traits, it was appealed to a detailed analysis of the Convention on the Rights of the Child - a fundamental text and "founder" of the rights of the child, focusing and analising especially the two large gaps of this Convention - the issue of reserves and the definition of the concept of "child"

In order to achieve a comprehensive approach of the peculiarities of international protection of the rights of the child, I resorted to an analysis of correlation between the Convention on the Rights of the Child and international Pacts from 1966 regarding human rights.

As nowadays, there are still views arguing that the rights of the child would oppose the rights of parents or, more than that, both would represent an unlimited destruction programme of parental authority, I decided to dedicate a separate paragraph to this problem in this chapter, highlighting the peculiarities of children’ s rights within the family.

Taking into account the subject of the research, in order to achieve a comprehensive study, we could not help focusing the special measures for international protection of the rights of children - those applied in time of armed conflict and those oriented to the child protection against economic and sexual exploitation .

Chapter III, entitled "Peculiarities of realisation and protection of rights of the child in the Republic of Moldova", consists of two paragraphs in which it is carried out an analysis of the national legislation, as reflected in the legal status of children in the Republic of Moldova and, especially, illuminating and analising the peculiaties and the difficulties in protecting children's rights within our state. The author comes with certain recommendations in order to improve the national legislation in the field.