Journal of Siberian Federal University. Humanities & Social Sciences: Balance of Interests in Protecting the Children’s Rights: Legal Positions of the ECtHR and National Courts

Journal of Siberian Federal University. Humanities & Social Sciences / Balance of Interests in Protecting the Children’s Rights: Legal Positions of the ECtHR and National Courts

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Pylina, Kristina V.
Contact information: Pylina, Kristina V.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords: balance of interests; children’s interests; European Convention; European Court of Human Rights; family relationship; state interference
Abstract: The author claims that children are recognized as independent subjects requiring special attention and protection. Their rights and interests are guaranteed by both national and international legislation. The authorities’ interference in the family relations should pursue a legitimate aim with the means of interference being correspondent to this legitimate aim. The author recommends that in solving disputes involving children it is necessary to search for an equitable balance of interests, which is multi-vector. The balance assumes consideration of interests of all participants of family relations. The children’s interests are independent and do not depend on their parents’ interests. In some cases, the children’s interests can even prevail over the parents’ interests. The application of the European Court judgments, which offers balancing interfering interests, will reduce the number of violations of children’s rights and ensure their observance
Pages: 913-921
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33315