Theoretical and Practical Considerations Regarding the Child’s Right to a Family Environment and to Alternative Care

• Main Author: Aurelian Gherghe
• Format: Article
• Language: English
• Published: Danubius University 2009-06-01
• Series: EIRP Proceedings
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/466/436

The underage child's protection is mainly and habitually done by the parents. The exercise of rights and the fulfilment of the parental duties must have in mind the superior interest of the child and ensure the child's material and spiritual well being, especially by taking care of him/her, by maintaining personal relations with him/her, by ensuring his/her raising, education and maintenance, as well as by his/her regal representation and by the management of his/her patrimony. In this sense, art. 5 paragraph (2) of Law no. 272/2004 stipulates that the responsibility for the bringing up and insurance of the child development devolves mainly upon the parents, who must exert their rights and fulfil their obligations towards the child, taking into account, first of all, his/her highest interest.