Parental Responsibilities to Children in the Republic of Kosovo

MSc. Shpresa Ibrahimi, Dr.Sc. Hamdi Podvorica

Abstract


For a long time, in Albanian customary law, parental responsibilities were an exclusive competency of fathers. In positive law, especially with the reform of the legal system in the Republic of Kosovo, now both parents are fully equal in exercising parental responsibilities. Children are the future of any society, and therefore, their upraising, education and proper welfare of children is an objective and responsibility not only for the parents, but also of societal and state institutions. Although parent-child relations incorporate moral, biological and legal elements, the absolute power of parents must be shared between parents and proper social and educational policies, in the heart of which are always the best interests of the child.

Kosovo has already adopted a complete legal framework, approximated to the standards of the European Union and international instruments which clearly provide on the rights of the child and responsibilities of parents and institutions in enjoying such rights. Within the range of this new legal framework, we make an effort of addressing parental responsibilities, which are exercised in terms of personality of children, and derive as a result of personal non-material relations. Our work is focused on a study of parental responsibilities in terms of giving a personal name, healthy development, education and upraising. We have also analysed several court rulings related to the rights of the child and responsibilities of parents in enjoying such rights, which we believe are to enrich and render the paper more interesting.


Keywords


Parental Rights; Parental Duties to Children; Kosovo Law on Family; Equality of Spouses;

References


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Laws and court practice

Constitution of the Republic of KOsovo, 15 June 2008,

Convention on the Rights of the Child, 1990,

Declaration on the Rights of the Child, adopted by United Nations, 20 November 1959,

European Convention on Human Rights and Fundamental Freedoms, 1950, text developed by the Secretariat of the European Court of Human Rights, November 1998.

European Convention on Human Rights and Fundamental Freedoms, 1950,

European Convention on the Exercise of Children Rights, Strasbourg 1996,

Geneva Declaration on Human Rights, 1924,

Grand Chamber Case of orŠUŠ and others v. CROATIA (Application no. 15766/03) Judgment Strasbourg 16 March 2010

International Covenant on Economic, Social and Cultural Rights, 3 January

,

Judgment of the District Court in Prishtina, C. No. 309/ 2008

Judgment of the District Court in Prishtina, C. No. 126/ 2010

Judgment of the Municipal Court in Prishtina, N. No. 171/ 2011

Kosovo Court of Appeals in Prishtina, Ac. No. 2751/13,

Law no. 02/L- 118 on the Personal Name,

Law no. 04/L-003 on the Civil Status of the Republic of Kosovo,

Law no. 04/L-032, Law on Pre-University Education in the Republic of Kosovo,

Law no. 10 129, dated 11.5.2009 on the Civil Status of the Republic of Albania,

Law no. 2004/32, Kosovo Family Law;

Regulation (EEC) No 1612/68 - Article 12 - Directive 2004/38/EC.Case C- 480/08. Reports of Cases 2010 I-01107

Short Guide to the European Convention on Human Rights, Publication 3, Strasbourg 2005,

UN Convention on Elimination of All Forms of Discrimination Against Women, 1979,

Universal Declaration on Human Rights, UN, 10 December 1948,


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DOI: 10.21113/iir.v4i1.62

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Copyright (c) 2016 MSc. Shpresa Ibrahimi, Dr.Sc. Hamdi Podvorica

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