In an increasingly globalized world, the protection of children’s fundamental rights has become a priority on the international stage. Three essential international documents in this field are the European Convention on Human Rights (ECHR), the European Convention on the Exercise of Children’s Rights, and the United Nations Convention on the Rights of the Child (CRC). Each of these conventions contributes to ensuring the rights and well-being of children in various legal contexts, providing a framework for the protection and promotion of their fundamental rights.

I. Implementation of the ECHR in Romania

1. Integration into National Law: The European Convention on Human Rights (ECHR), adopted in 1950, is an integral part of Romanian national law, according to Article 20 of the Romanian Constitution, which provides that the rights and freedoms stipulated by the ECHR take precedence over national laws, insofar as they are more favorable.
2. Litigations Involving Minors: In cases involving minors, Romanian courts are required to respect the right to private and family life, as well as the rights of children to maintain relationships with both parents and to live in a stable family environment. Judicial decisions regarding custody, visitation, and other family matters must comply with ECHR standards.
3. Protection Against Abuse: Romanian authorities are responsible for preventing and sanctioning abuse and neglect of children. In cases of abuse, the courts must provide adequate protective measures to ensure a safe environment for the child’s development.

II. Application of the European Convention on the Exercise of Children’s Rights in Romania

1. National Legislation: The European Convention on the Exercise of Children’s Rights, adopted in 1996, is implemented in Romania through laws and regulations that protect children’s rights. For example, Law No. 272/2004 on the Protection and Promotion of Children’s Rights reflects international commitments and provides a framework for protecting fundamental rights of children.
2. Best Interests of the Child: In family disputes, Romanian courts must always consider the best interests of the child. This principle ensures that decisions related to custody and other family matters are made fairly and in the child’s best interests.
3. Protection of Family Relationships: The Convention emphasizes the importance of maintaining children’s family relationships and preventing unjustified separations. Courts must ensure that any separation is justified and that the child’s right to maintain contact with both parents is upheld, according to their best interests.
4. Hearing Children: Romanian law mandates that children must be heard in proceedings that affect them. Courts must consider children’s opinions and wishes when making decisions that impact them.

III. Implementation of the CRC in Romania

1. Legislation and National Policies: The United Nations Convention on the Rights of the Child (CRC), adopted in 1989, is integrated into Romanian law through Law No. 272/2004 and other regulations. These legislative measures establish the fundamental rights of children and provide a comprehensive framework for their implementation in practice.
2. Fundamental Rights of Children: The CRC provides a robust framework for the protection and promotion of children’s fundamental rights, including the right to life, development, education, and protection against abuse and exploitation. These rights are safeguarded by regulations ensuring children’s access to education, health care, and social protection.
3. Best Interests of the Child: The CRC requires that the best interests of the child be a primary consideration in all decisions and actions affecting them. Romanian courts are obligated to evaluate all aspects that impact children to ensure decisions reflect this principle.
4. Participation and Right to Expression: The CRC emphasizes the importance of children’s participation in all matters affecting them and their right to freely express their opinions. Romanian regulations guarantee this right, ensuring that children’s views are considered in judicial processes and other relevant situations.

IV. Practical Examples in Romania

1. Custody Cases: In custody decisions, Romanian courts must consider the child’s right to maintain relationships with both parents, unless this would be contrary to the child’s best interests.
2. Protective Measures: In cases of abuse or neglect, Romanian authorities must intervene promptly to ensure the child’s protection and implement appropriate protective measures.
3. Child Participation: Courts and authorities in Romania must ensure that children have the opportunity to express their views and that these views are considered in decision-making processes.

The international protection of children’s fundamental rights, according to the ECHR, the European Convention on the Exercise of Children’s Rights, and the CRC, is well integrated into Romanian legislation and practices. The application of these international standards in Romania ensures that children’s fundamental rights are protected and respected, providing a solid legal framework for resolving family disputes and safeguarding children’s welfare. Romanian courts and authorities play a crucial role in implementing these rights and ensuring that children’s best interests are upheld in accordance with international standards.

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