| Abstract [eng] |
The limitation of parental authority is the strictest sanction for parents, who fail to implement their duty for their children. State institutions has to warrant appropriate child security and react actively to improper implemation of parents duties. The main goal is a fulfilment of childs needs. Children has to live in safe environment, experience no violence, psychological pressure or other development preventing factors. Parents are responsible for their children needs, yet if parents fail at fulfiling their duty, state institutions must take necessary actions, that the child could live in safe environment and have their needs fulfiled. The goal of this thesis is the disclosure of limitations of parental authority institute as a sanction for improper fulfilment of their duty. For the disclosure, the thesis is divided into four chapters. First chapter is dedicated for a disclosure of autonomy of a family, problematic aspects and the discussion of positive and negative state‘s intervention into family‘s life. The second chapter is for the research of the range between parents rights and responsibilities. The ECHR and state court fields of sanctions for improper parent behaviour. The list of parent authority restriction methods and the legal and moral sequences. The third chapter is dedicated for the disclosure of consequences of restrictions for parents authority, adoption process conditions, adult children duty of care taking of their parents and the analysis with Norway and Ireland law base. It is hard to maintain the balance between the parents authority and state‘s intervention into family‘s life. Every situation is individual and state‘s intervention, damaging family‘s autonomy might have a negative aspects for the family, children and his development. Taking that into consideration, state‘s institutions before taking drastic actions for the childs security, first of all has to acknowledge the problems in the family and provide alternative ways of problem solving. The state should only approach the court as a final solution for the children separation from the family and parent‘s authority restrictions. Courts, making verdicts for the restriction of parents authority has to aknowledge all the provisions about the possible children separation from his family. Also the court is restricted not only by state law base but also with international contracts and ECHR practise. The research shows that Lithuania‘s law base and regulations are correct, but there are problems with the fulfilment of legal norms. It is common that courts makes a verdict too formally, without further analysis. The state recklessly makes their duties, because of insufficient 70 staff, scarce trainings ant low motyvation of responsible workers. The state spends not enough time with parents, which authority is at the threat of restriction or is already restricted. The state does not make a necessary actions to return children back to family. The state is hurting the children by insufficient own efforts. |
