Akademia Nauk Stosowanych
im. Alcide De Gasperi
BOOK CHAPTER (141-154)
The right of the child to be heard – from CRC standards to Albanian law provisions and their application
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School for Magistrate, Tirana, Albania
The aim of the article is to focus on some aspects related to the child’s right to be heard in administrative or judicial proceedings, which, they are part of due to various causes. This is an essential right to making the child part of the decision-making affecting him. This may happen in cases where the problem is resolved out of the court, but also in cases when a court decision is required. There are cases which relate to the emotional, economic and social welfare of the child, school relations, domestic or other forms of violence, adoption procedures, best interest in exercising the parental responsibility, cases related to children in conflict with the criminal law, etc. Now we are faced with the question: what is the level of child participation and how is the right of the child to be heard in decision-making that affect him, actually working? Do the authorities have the competence and knowledge required to guarantee this right? Are both the Albanian judiciary as well as other authorities prepared to effectively guarantee the right to be heard or are still remaining problematic issues? The article will additionally lay down some practical difficulties and suggestions for further consideration.
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