Protection of the rights of children without parental care

On October 22-23, 2019, the Academy of Justice within the framework of the Continuous Training Program (CTP), organized a training on: “Protection of the rights of children without parental care”.

The purpose of this training was to advance the knowledge of judges on the topic of protection of the rights of children without parental care.

The first part of the training covered: Protection of the rights of children without parental care, adoption, and placement of the child in the other family. In the second part were treated: Guardianship; the exercise, suspension, restriction, deprivation and continuation of parental rights and ways of communication of the court with the child in court proceedings.

The training emphasized that the Republic of Kosovo is one of the states which is seriously engaged in the field of protection of children's rights. Since the legal protection of the family in general, and especially of children, is of particular importance, the Constitution of the Republic of Kosovo also contains provisions referring to the family sphere, by which it lists our state in the group of countries which has the family law harmonized with international legislation. The Constitution also includes the Convention on the Rights of the Child, which is directly applicable and has priority.

This training covered, inter alia, issues concerning the protection of the rights of children without parental care, as well as the forms of special protection of these children (adoption, custody, etc.), which are regulated by the Family Law, referring to the Convention on the Rights of the Child. Discussions also focused on the manner and methods of court communication with children in court proceedings, on the principle of the child's best interest, the role of the court and the guardianship body in proceedings relating to the protection of the rights of children without care. parenting, as well as applicable national and international legislation

Among others, during this training were also elaborated issues related to protection of the rights of children without parental care, as well the forms of special protection of children (adoption, custody, etc.) regulated by the family law, taking as a reference the Convention on Rights of Child. Discussion were also focused on the manner and methods of court communication with the child in court proceedings, the principle of the child’s best interest, the role of the court and the guardianship authority in the proceeding related to the protection of the rights of the children without parental care, parenting, as well as applicable national and international legislation.

It was further emphasized that the principle of the best interest of the child is based on the Convention on the Rights of the Child, which stipulates that: all decisions regarding the child, rendered by the courts, administrative authorities or legislative bodies, must firstly take into account the best interest of the child. " This principle is also incorporated in domestic legislation and in the Law on Family and the Law on Social and Family Services.

This training uses the methods of partial theoretical explanation, based on case law cases accompanied by exercises, interactive discussions, material provided by the trainers, case study analysis as well as the breakdown of international standards and ECtHR judgments, the requirements of the applicable legal provisions governing this field.

Beneficiaries of this training were: judges of the Court of Appeal, Basic Courts-General Department-Civil Divisions, professional associates and officials of the Custodian Body.