| Summary: | 碩士 === 銘傳大學 === 法律學系碩士班 === 98 === In recent years, the concept of the best interests of child is getting more and more important. The thinking of the state doesn’t intervene parent-child relationship in past was be correct, it can be accept now when some situations. And if parents don’t agree the judgment of court, they can take legal proceedings. However, how did they get help when they try their every judicial process but still unable get the result of judgment. Is there any way to allow people seeking the right of basic human rights?
Looking all over the world, the European Court of Human Rights is the only one organization that is multinational and has prefect judicial system. European Court of Human Rights let people bring a case to court by himself. Due to most of our statutes was derivative law, so we can realize the new knowledge from other countries by analyzing the case of European Court of Human Rights.
First of all, at the part of state denude parent of a right, Children and Youth Welfare Act always be the reference to the law, because our civil code of article 1090 isn’t appropriate. The rule is too easily. In addition, the condition of denude parent right is not well-knit at the part of the best interests of child.
Second, at the case of divorce, the meeting rights is a very common right for the person who doesn’t get parent right. But at these cases, parents always be the person who have this right. Young children don’t have this. However, from judgments of ECHR, young people not only have this right in other country, but also request meeting with their brother and sister.
Finally, about the right of nature father, according to J.Y. Interpretation No. 587, it doesn’t deny this right. The law which disqualifies a natural father from bringing an action for disavowal his child presumed to be born in wedlock is intended to prevent damage to marriage stability, family harmony and the right of a child to education and nurture, and is thus not contrary to the Constitution. As to whether the law is to be amended to loosen the restrictions for such actions to a certain extent, this is a matter of legislative discretion. By judgments of ECHR, there is a new opinion of real life. Nature father can get that right while this situation.
Above all, regardless of whether the future of our country accept those opinions from European Court of Human Rights or not. The judgments by the European Court of Human Rights not only provide our country other scholarly opinion, but also be used as a basis for our laws. Try to offer the best protection to our people.
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