Child’s Subjectivity in the New Family Code Project (several general comments)
Journal Title: Theory and Practice of Social Systems Management - Year 2018, Vol 5, Issue 2
Abstract
The aim of the work is to show that the draft of the New Polish Family Code, prepared by the Codification Commission of the Family Law at the Ombudsman for Children’s Rights, protects the rights of the child and parents much more than the applicable Family and Guardianship Code. The author shows the views of supporters and opponents of some of the solutions contained in the project. It focuses on the institution of parental responsibility, which should replace the institution of parental authority. It also presents the child’s right to parents which in his opinion is naturally entitled to children under the Convention on the Rights of the Child. He claims that parental responsibility is a natural value that cannot be deprived of parents, and that children have a natural right to parents to bear such responsibility for their development and upbringing, not for other entities such as state or NGOs. Parental responsibility combines the duties and rights of parents to cover a much broader spectrum than concept of parental authority. Application of parental responsibility to the norms of family law, in his opinion, will lead to an integral view of the affairs of the family and its child as important subjects of social life. Parental responsibility and the child’s right to parent bind more strongly family members – they strengthen the family as natural environment for the child’s development.
Authors and Affiliations
Paweł J. JAROS
Keywords
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