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  1. 1 Michałowska K.

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Ochrona autonomii dziecka w zakresie prawa do bycia wysłuchanym a obowiązek pieczy nad jego osobą

100%
Michałowska K.
Rejent
|
2024
|
issue 11 (403)
226-244
EN
The article addresses issues concerning the childs right to express their own views and to be he-ard. The rights protected under the Convention on the Rights of the Child, the Constitution of the Republic of Poland and the regulations of the Family and Guardianship Code have an uneven sco-pe, and the doubts accompanying their implementation in the context of the clash of the scopes of the decision-making autonomy of the child and its parents require in-depth analysis. Starting from the general issues of the scope of elements fulfilling the care of the child, including in particu-lar the upbringing and management of the child, their special role was demonstrated. Attention was drawn to the need to create possibilities for the child to make independent decisions, not only in important, but also in everyday, minor matters, and their positive impact on the development of the childs independence. It was emphasized that acceptance of the childs behavior requires un-derstanding the premises of its implementation and the purpose it is to serve. The method of im-plementing parental authority, including in particular the method of raising and managing the child, is closely related to the partnership model of the family and the democratic (preferred in the light of basic legal regulations) style of upbringing, based on mutual respect, cooperation between parents and children, while maintaining the superior role of parents. It is the model of rational partnership that reflects the contemporary type of relationship with the children, who should be encouraged to actively participate in making decisions concerning them. By referring the com-ments made to the upbringing and management of the child, it was shown that their distinction influences, among others, the formation of the child’s autonomy, a particular expression of which is art. 12 of the KPD, art.72 of the Constitution of the Republic of Poland and art. 95§4 of the Fa-mily and Guardianship Code. Their mutual relationship indicates that the content of art. 95§4 of the Family and Guardianship Code limits the child’s decisionmaking autonomy, which justifies the need to change it.
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