Use this url to cite publication: https://cris.mruni.eu/cris/handle/007/17711
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Vaiko interesus atitinkantis teisingumas: samprata, prielaidos ir kai kurie probleminiai aspektai
Type of publication
Straipsnis kitame recenzuojamame leidinyje / Article in other peer-reviewed edition (S5)
Type of publication (old)
S4
Author(s)
Stripeikienė, Janina |
Title
Vaiko interesus atitinkantis teisingumas: samprata, prielaidos ir kai kurie probleminiai aspektai
Other Title
Child-friendly justice: notions, prerequisites, and several problematic aspects
Date Issued
2021
Is part of
Jurisprudencija. ISSN 1392-6195, 2021, 28(1)
Field of Science
Abstract
This article contributes to the discourse on the relationship between justice and the rights of the child by emphasizing the need to guarantee them fully and effectively in the process of administration of justice. It presents an analysis of the current
legal framework of child-friendly justice laid down in Lithuanian national law, including its constitutional basis and its application in practice, and distinguishes relevant problematic aspects, thereby analyzing the effectiveness of the legal status of a child. It is
concluded that is important not only to enshrine in law the legal protection of the child as of an independent holder of substantive rights, but also to ensure the child’s right to participate in all child-related pre-trial, judicial, and enforcement proceedings regardless of their age. It is emphasized that the right to be heard has to be understood not as an instrument to establish the views of the child without providing them with a precise procedural status in the law. The child should be guaranteed the right to access to court independently, and they should be represented by an independent representative. Finally, the conclusion is made that resolving the problems of the child’s right to access to court, regardless of their age, could lead to a change in the protection of the rights of the child and a more child-friendly notion of justice.
Type of document
type::text::journal::journal article::research article
Language
Lietuvių / Lithuanian (lt)
Access Rights
Atviroji prieiga / Open Access
File(s)