Tėvų ir vaiko santykių specifiškumas vaiko teisių įgyvendinimo požiūriu
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Recently the fulfillment of children’s rights and interests causes more and more discussions and it requires a clearer evaluation, especially in the cases when a dispute arises between parental rights and duties concerning a child and fulfillment of a child’s rights. In case of a dispute, the content of parents’ power and child’s rights defined in legal acts becomes insufficient in order to determine the fulfillment limits of child parents’/foster parents’ rights and duties. The purpose of this article is to analyze the relationship specificity of parents and children. Analysis methods of scientific literature and legal acts were used. The article seeks to answer the question “what is the fulfillment ratio of parental rights and duties as well as child’s rights,” “what is the role of state and society while developing the relation of parents and children and its expression.” The category of parenthood integrates a few interrelated elements. First of all, it defines the relation with a child based on whose nature the parenthood status arises. Features describing parents’ and child‘s relationship such as closeness, devotion, intimacy, mutual dependency create the best preconditions for a child to grow and develop, and for parents to embody their need for parenthood. However in some cases, the categories depicting the relation of parents and a child becomes a risk factor for aggression to emerge, and aggressive behavior gains another evaluation and interpretation afterwards available in social relations. The second thing is relation with a state. This relation contains the parenthood content—the statements of rights and duties for a child as well as care and control elements related to a state obligation to ensure the child’s wellbeing. Potential of a state to ensure proper fulfillment of parents’ power and child’s rights and interests is being restricted by autonomous family functioning, which is a necessary condition to maintain a family, cherish relations, create traditions, and for self-expression while validating its uniqueness. The third element defines the relation with society thanks to which it forms parental model changes, a social request—what parenthood example is necessary for society, what qualities are expected while upbringing a child in order for him/her to embody society’s expectations and needs. The impact of the changes taking place in society on parenthood evolution and parents’ and child’s relation where without a regular biologically grounded bond the social one gains more and more significance.
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