Nepilnamečių globa (rūpyba) kaip alternatyvi auklėjimo bei priežiūros forma ; Child guardianship (curatorship) as an alternative form of child care and upbringing

Abstract

CHILD GUARDIANSHIP (CURATORSHIP) AS AN ALTERNATIVE FORM OF CHILD CARE AND UPBRINGING SUMMARY In the MA thesis Child Guardianship (Curatorship) as an Alternative Form of Child Care and Upbringing, K. Bauža analyses the concept of child guardianship (curatorship) institutions from various aspects, provides an assessment why it is so important in defining the guardianship (curatorship) of a child. Concepts of a child and a minor are used in the Civil Code of the Republic of Lithuania, which regulates the basis for the allocation and termination of child guardianship (curatorship), establishment and implementation principles. Disclosing the definitions of these concepts the author also discusses the regulation volume of legal standards defined in Book 3, Chapter 18 of the Civil Code. During the last two decides many international legal requirements were transferred to the national law of Lithuania. Implementation of child guardianship (curatorship) in practice is carried out in order to transfer the experience of the European countries following the concept of principles disclosed in decisions of the European Court of Human Rights. The author analyses in the thesis the basis of parent authority limitation and the interface between government intervention and the autonomy of the family, the basis of minor guardianship (curatorship) and discloses the subsidiary duty of the government in the defence of children rights, assesses if such actions are legally authorized, if legal assumptions for the establishment and implementation of child guardianship (curatorship) are properly create. Analysing the concept of minor guardianship (curatorship) principles the author discloses many problems common in practice related both to legal regulation and policy carried out by the government on the defence of human rights, which do not allow to maximally implement the principles in practice, to ensure that in every case of a guarded (fostered) child the protection of his/her rights will be properly taken care of according to the international legal requirements. Having examined the legal relationship between the guarded (fostered) child and the guardians (curators) the author notices that at the moment in Lithuania such a minor guardianship (curatorship) regulation mechanism is created from the point of you of the government policy carried out which insufficiently effectively regulates such relationship from the point of view of guardians (curators). As a result, a large number of guarded (fostered) children are present in the national foster institutions and the number of physical persons fostering children which are not in relation is very small. For this reason the government should further improve the mechanism of child guardianship (curatorship) regulation in order to protect the rights of children as better as possible.