LIMITY PRIVÁTNOSTI VÝKONU RODIČOVSKÝCH PRÁV A POVINNOSTÍ (HABILITAČNÁ PREDNÁŠKA)

• Authors: Bronislava Pavelková

Title variants

EN

Limits of privacy of the exercise of parental rights and duties (habilitation lecture)

• Languages of publication: SK

Abstracts

EN

The habilitation lecture deals with issues of the search of the boundaries between privacy of family and the interest of the state in proper education of children. It is very topical issue, because terms such as juvenile justice or forced adoptions of children reverberate throughout Europe and even have been covered by the Resolution of the Parliamentary Assembly of the Council of Europe. Its adoption was the result of the disputable practice, in particular of English court. But also parents – foreigners in Switzerland, Portugal, Italy, Croatia or Germany encounter the same problems. The forceful withdrawal of children from their biological families is a contrary to the right to family life and privacy. It is also in contradiction with the positive commitment of the state to create conditions for restoration of natural relations in accordance with the family law. The substitute care, in particular adoption, should be considered only if the natural family environment of the child cannot be restored with help of the state. However, full resignation of the state to the exercise of parental duties and obligations, in particular to the result of child´s education, does not bring the desired result. Proper education of children is not only the interest of their parents, but also an important interest of society. This idea was already formulated by Aristotle stating that „the most important task of the legislator is to arrange the education of youth“. The balance between the protection of privacy, the interests of a child and the interests of society may significantly contribute to this balance. One of the basic means for achievement of the desired balance is sound legislation, for which a wide area has been opened up at the time of recodification of private law.

Keywords

EN

CHILD; PARENTS; RESPONSIBILITY; EDUCATION; SOCIETY; PRIVACY; PROTECTION; DUTY; DECISION-MAKING

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2014
• Volume: 97
• Issue: 1
• Pages: 22 – 30

Contributors

author

Bronislava Pavelková

• Ústav súkromného práva Paneurópskej vysokej školy, Bratislava, Slovak Republic