Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 1

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  CONVENTION ON THE RIGHTS OF THE CHILD
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

PRÁVO RODIČOV NA ZMENU MENA DIEŤAŤA A PRÁVO DIEŤAŤA NA ZACHOVANIE SVOJEJ IDENTITY

100%
Pavelková B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 1
67 – 85
EN
The article reacts to the existing legal state when the Name and Surname Act permits both the parents and the adopters as „legal parents“ to apply for a change of the name of their child. Among others it permits the administrative authority to decide on this matter without a child’s approval, providing the child is below 15. Until the age of 15 years, administrative authorities do not ascertain a minor child’s opinion regarding the change of his or her name at all and decide exclusively at request of the parents or upon a statement of the adopters. According to some provisions of the Name and Surname Act in two out of three cases the registry office even does not decide on authorization of a minor child’s name and is only obliged to register changes reported by the parents in a prescribed manner. At the same time, the right to a name is one of partial rights of the summary right to identity, as granted to a child by the Convention on the Rights of the Child, communicated under No. 104/1991 Coll. This is a part of the Slovak national legal order, where the protection as a source of the higher legal force, is granted to a child by the Constitutional Court of SR according to Article 125 of the Constitution of the Slovak Republic. The right to protection of name is also a part of the right to private and family life, which is protected by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The result of such contradictory wording of the act is an undesirable legal state, where a denial of generally accepted natural legal values brings a child to the position of an „object“ of power manipulation by the parents without examination of the child’s best interest as a fundamental principle of family law and without giving effect to the child’s right to participate in his or her own education, as guaranteed by a series of international sources of law.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.