Socrates. 2021, 1 (19)

Permanent URI for this collection

http://hdl.handle.net/123456789/4237

Browse

Browsing Socrates. 2021, 1 (19) by Subject "bērna tiesības"

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Tiesiskā regulējuma analīze aizgādības tiesību ierobežošanas jautājumos
    (Rīga Stradiņš University, 2021) Vanaga, Sanita; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
    The article addresses the question of the legal analysis of the restriction of custody rights and the issues related to the consequences of the restriction of custody rights. As within the meaning of law, a child is a minor until the age of 18, thus he or she lacks the legal capacity, the child’s custody rights are exercised by his or her natural guardians – parents. The nature of custody rights is very broad, and their exercise or legal restriction can be viewed from several aspects, which clearly raises a number of issues. The publication pays special attention to the ways of restricting custody and their impact on ensuring the rights and interests of a child. The analysis of the legal framework revealed that there are three types of restriction of custody rights, which ensure unequal protection of a child’s rights and interests, as the restrictions is interpreted according to the understanding of custody rights by the child’s parents. The aim of the study is to identify the problematic issues and make proposals for the improvement of the legal framework, in order to reach equal protection of the rights and interests of a child in all cases of restriction of custody rights, which would be in the best interests of a child. The article consists of two parts. The first part discusses the types of restriction of custody rights and the problems of their legal limitation, while the second part analyses the impact of restriction of custody rights on ensuring the rights and interests of a child.