Child’s Life, Step-Family and Decision-Making Process ()
ABSTRACT
Step-families are included within the
concept of “family” used by both Art. 8 of the Rome Convention for the
protection of Human Rights and Fundamental Freedoms and Art. 7 of the European
Charter of Fundamental Rights of
2010. According to the OECD and EUROSTAT figures children that are living in
step-families are between 8 and 12 years old, that is, they could be considered
as preadolescents or in some cases adolescents at all. Thus, they are individuals
with a certain grade of maturity that allow them to form their own views and
express them. Today, there is an inevitable link between family and children’s
participation rights (Art. 12 CRC; Art. 24 EU Charter). Nevertheless, European
Law refers to the step-family from the “adult’s rights” viewpoint concerning
the assignment of the parental responsibility to the step-parent neglecting
children’s perspective. As said by Art. 6(1) EU Treaty of Lisbon and by Art. 52(2)
EU Charter, the last legal instrument has the same legal recognition as the EU
Treaties, which implies that the bedrock for direct and vertical application of the fundamental
rights of children by both the EUCJ and national Courts is settled. Since 2006
one of the strategic objectives of the communitarian institutions is prioritizing
the effective implementation of children’s rights.
Share and Cite:
S. Navarro, "Child’s Life, Step-Family and Decision-Making Process,"
Beijing Law Review, Vol. 4 No. 2, 2013, pp. 61-70. doi:
10.4236/blr.2013.42008.