THE EUROPEAN STANDARD TO BE TAKEN INTO ACCOUNT IN CASES CONCERNING THE ESTABLISHMENT OF PARENTAL RIGHTS OF PERSONS WITH MENTAL DISORDERS Cover Image

STANDARDUL EUROPEAN DE AVUT ÎN VEDERE ÎN CAUZELE PRIVIND STABILIREA DREPTURILOR PARENTALE ALE PERSOANELOR CU AFECŢIUNI PSIHICE
THE EUROPEAN STANDARD TO BE TAKEN INTO ACCOUNT IN CASES CONCERNING THE ESTABLISHMENT OF PARENTAL RIGHTS OF PERSONS WITH MENTAL DISORDERS

Author(s): Georgeta Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: the right to respect for family life; contact schedule; discrimination; mentally disabled; child protection;

Summary/Abstract: The following study deals with the delicate issue of people with mental disorders (namely with intellectual disabilities) whose parental rights are often restricted, or even denied. The research was based on the European Court of Human Rights case-law, related to this matter, with a special look to the principles deriving from the Cînţa decision v. Romania, ruling according to which these cases require a careful examination made by the national authorities, taking into account all the procedural guarantees that involve a high standard of proof.

  • Issue Year: 2022
  • Issue No: 08
  • Page Range: 82-89
  • Page Count: 8
  • Language: Romanian