Open AccessAccess Rights as a Way to Communicate with a Child
Author(s) -
М. В. Громоздина
Publication year - 2020
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2542-0410
DOI - 10.25205/2542-0410-2020-16-1-11-16
Subject(s) - plaintiff , jurisprudence , convention , law , human rights , political science , interpretation (philosophy) , order (exchange) , international human rights law , fundamental rights , right to property , sociology , business , computer science , finance , programming language
The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.