| Abstrakt: |
The principle of the best interests of the child shall prevail in all proceedings and decisions concerning children, taken by public authorities and authorized private bodies, as well as in cases decided by the courts. The state protects the minor from any form of abuse. Law no 272/2004 on the protection and promotion of the rights of the child provides legal support to identify cases of abuse. According to this law, state institutions are obliged to prevent and protect children from any act of violence, physical, mental or sexual abuse against them. In this sense, Law no 217/2003 for preventing and combating domestic violence is relevant. In the spirit of this law, "the protection and support of the family, the development and strengthening of family solidarity, based on friendship, affection and moral and material mutual assistance of family members, is, for the legislator, an objective of national interest". About children subjected to domestic violence or who witness any form of violence, we would like to highlight here some ideas that include, in short, the need to protect the best interests of the child in the conditions in which the measure of protection order established by Law no 217/2003. It is issued when it is found that there is an imminent risk that the life, physical integrity or liberty of a person may be endangered by an act of domestic violence and aims to reduce this risk. Among the measures that are ordered by the application of the protection order, we drew attention to the measure of custody of minor children or the establishment of their residence. [ABSTRACT FROM AUTHOR] |
