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CNAA / Theses / 2007 / June /

Regulation of the rights of the child


Author: Carolina Ciugureanu-Mihailuţă
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2007
Scientific adviser: Nicolae Osmochescu
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 22 June, 2007
Approved by NCAA on the 20 September, 2007

Abstract

Adobe PDF document0.33 Mb / in romanian

Thesis

CZU 341.231.14(043.2)

Adobe PDF document 1.34 Mb / in romanian
186 pages


Keywords

International regulation, international sources, international standards, principles of international law, international defense mechanism, international assurance of child’s rights, Child’s Rights Committee, United Nations Children’s Fund, child’s rights typology, child special protection, superior interest of the child, responsibilities, children in extremely difficult situations, community interference, international cooperation

Summary

The basic purpose of the research carried out in the framework of the present paper is a penetrating analysis of the institution of protection of the rights of the child, on the background of the international regulations as well as conception, hypotheses, experts’ doctrinal statements about the causes and appearance of the phenomenon, the legal nature, domain of practical manifestation, legal and other phenomena which influence this institution.

The international regulation of the rights of the child is the crowning of efforts made with a view to acknowledging the child as a human, as a person with full rights. This moment has opened a new page in the history of human rights: the realization of all acknowledged rights of the child, unification of efforts for offering the child a better life.

The treatment of this highly important issue began with the examination of aspects that, at first sight, seemed to be commonly known, but which, de facto, due to their nature, proved to be little studied. The present paper constitutes partly a completion for these gaps, in order to clarify a series of controversies connected with the legal status of the child. Our contribution in these terms is a new way of treating the given matter, which encompasses arguments for the necessity of instituting certain mechanisms of protection of the child and the rights of the child, starting from the generally known international standards.

The complexity of the investigated phenomenon, conditioned especially by the precarious nature of childhood, determined the realization of its specific multilateral, interdisciplinary scientific analysis both from the theoretical ad practical point of view.

The entire spectrum of the investigations carried out in the present paper is founded on the following basic idea: there is a diversity of childhoods in the world, which imposes the regulation, analysis, and loyalty to the rights of the child and not the rights of children.