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The protection of the rights of the mother and child under the terms of sustainable social development


Author: Ludmila Cuşmir
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2005
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 15 September, 2005
Approved by NCAA on the 22 December, 2005

Keywords

sustainable social development, social protection, rights of the mother and child, surrogate maternity, biological mother, social mother, demographic policy, family concept, right to reproduction, child – subject endowed with rights, artificial insemination, allocation – family material aid

Summary

A thesis for a Doctor’s degree in Law at the speciality 12.02.02 – Law Public (Constitutional law).

The degree paper is centred on the study of the social development and evolution of the rights of the mother and child in the context of international and national legal instruments. The said paper is an attempt to perform a complex study of such categories, as: sustainable social development, the rights of the mother and child as a constitutional law institute, the identification of new aspects of the essence of woman’s rights in her natural quality – that of a mother.

The need to study the institute of the mother and child rights’ protection as constitutional law appeared due to the existing lacks in the legislation and to the insufficient treatment of this issue in the special literature.

In the first chapter the author performs a study of human rights protection and improvement of the legislative base of the demographic policy as two decisive factors of sustainable social development.

The second chapter focuses on the appearance and evolution of the notion of rights of the mother and child as human rights, their protection secured by international law, separate fundamental documents and international treaties, as well as on the legal protection of the mother and child under our state’s modern social and political terms.

The third chapter includes the transformations endured by a family in the modern society and, consequently, the necessity in reviewing the legal protection of the mother and child. The author analyses certain social policy models recommended by the Council of Europe as possible implementation variants.

In the fourth chapter the author presents woman’s rights to reproduction and child’s rights to live and grow as natural human rights. Here are also offered measures for the elimination of the existing contradictions in the legal treatment of the said rights, as well as the protection of children in need considering the reality.

The final part of the paper sets forth scientific recommendations for the improvement of the legislative basis of mother and child rights protection, intended for theoretical and practical application. In this part the author argues in favour of the need to review society’s position with respect to the rights of the mother and child in order to transform them from declarative into real ones.