DECISIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A JUDICIAL AND LEGAL MEANS OF PROTECTING THE RIGHTS OF THE CHILD AND CONSTITUTIONAL AND LEGAL GUARANTEES FOR THE PROTECTION OF THE RIGHTS OF THE CHILD IN THE REPUBLIC OF ARMENIA https://doi.org/10.59982/18294359-25.1-aa-11
Abstract
The protection of the rights and legitimate interests of the child presupposes such a flexible system of legal mechanisms that will be able to regulate the sphere of legal relations determined by the characteristics of the child in different age groups.: The above means that the problem, first of all, should be considered in the context of the psychophysiological characteristics of the child and the principle of free expression of will, as well as the relationships caused by them, which is what the framework of this discussion is aimed at. In this regard, in particular, for children “seeking” international protection, various legal mechanisms are being developed that try to find optimal solutions for the best protection of the interests of the child. The protection of the rights of the child is carried out both in the general context of a number of international legal instruments on human rights, and within the framework of special legal instruments on the protection of the rights of the child, among which the Convention on the Rights of the Child occupies a special place. The article reviewed a number of decisions adopted by the European Court of Human Rights concerning the protection of the rights of the child, and also touched upon domestic legislation and existing mechanisms related to this area, as well as reforms carried out within the framework of a number of programs of strategic importance. The topic also identified some contradictions related to the interests of the child, as well as touched upon a number of existing legislative gaps.
Keywords: European Court of Human Rights, European Convention on Human Rights, “foster care”, “social orphanhood”, adoption, minimum age․
PAGES : 103-116