Protection of economic rights of the child after a divorce process. Implementation of international standards from Albania as a guarantee for the protection of higher interest of the child

• Main Author: Evis Garunja
• Format: Article
• Language: deu
• Published: Universitas Studiorum 2019-12-01
• Series: Open Journal of Humanities
• Subjects: law; albania; children's alimony; court decision; the hague convention
• Online Access: https://osf.io/xtfqy/

After the political changes in the 1990s, Albania willing to build a new system, one of the human values and the protection of citizens’ rights, became an important supporter country. Albania has adhered to all international conventions by adopting and improving its internal legal framework to anticipate this inclusiveness. As one of them, the Convention on the Rights of the Child found its implementation in every legal paragraph where the subject was the children. Their highest interest constituted the main purpose of any decision taken on the child’s life by both state and private institutions. Political and social-economic changes were associated with new phenomena (such as divorce, domestic violence, crime among young people, etc.) which required state intervention because they directly affect children. This article will be focused on the presentation of the situation after divorce in those families where one of the parent’s lives and works outside the Albanian territory (in emigration) and at the same time has the obligation to financially support the responsible parent in the wellbeing and education of their child. The fact is that today, the non-execution of family court decisions is one of the serious injuries of the Albanian justice system, contributing to the non-respect of children’s rights and to a lack of justice. Presenting the current situation, the legal framework in force and the respect of international law, an obligation imposed by the legislator and the Albanian executive with self-esteem, we seek to highlight some of the difficulties affecting the violation of children’s economic rights and people under custody by presenting cases and examples of other countries that have passed through such experiences. In this way, I think it is best served not only to the affected individual but also to the improvement of the system’s, effectiveness and institutional efficiency, as well as to the laws drafted by ourselves.