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ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA
In: New Developments in EU Labour, Equality and Human Rights Law. / Vinković, Mario (Ed.). Osijek: 2015. pp. 359-380. urn:nbn:hr:132:135731
Lucić, Nataša

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Lucić, N. (2015). ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA. In M. Vinković, (Ed.), New Developments in EU Labour, Equality and Human Rights Law (pp. 359-380). Retrieved from https://urn.nsk.hr/urn:nbn:hr:132:135731

Lucić, Nataša. "ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA." New Developments in EU Labour, Equality and Human Rights Law, edited by Mario Vinković, 2015, pp. 359-380. https://urn.nsk.hr/urn:nbn:hr:132:135731

Lucić, Nataša. "ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA." In New Developments in EU Labour, Equality and Human Rights Law, 359-380. 2015. Accessed 2024 December 21. https://urn.nsk.hr/urn:nbn:hr:132:135731

Lucić, N. (2015) 'ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA', in Vinković, M. (ed.), New Developments in EU Labour, Equality and Human Rights Law, pp. 359-380. Available at: https://urn.nsk.hr/urn:nbn:hr:132:135731 (Accessed 21 December 2024)

Lucić N. ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA. In: M. Vinković, ed. New Developments in EU Labour, Equality and Human Rights Law. 2015. Pp. 359-380. [cited 2024 December 21] Available at: https://urn.nsk.hr/urn:nbn:hr:132:135731

N. Lucić, "ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA", New Developments in EU Labour, Equality and Human Rights Law, M. Vinković, Ed. 2015. [Online] Available at: https://urn.nsk.hr/urn:nbn:hr:132:135731 [Accessed: 21 December 2024]

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Metadata
Title (english)ADOPTION OF A CHILD WITHOUT CONSENT OF ITS PARENT WITH A INTELLECTUAL DISABILITY : CASE OF A.K. AND L. v. CROATIA
AuthorNataša Lucić
EditorMario Vinković
Author's institutionJosip Juraj Strossmayer University of Osijek
Faculty of Law Osijek
(Chair of Family Law)
Scientific / art field,
discipline and subdiscipline		SOCIAL SCIENCES
Law
Family Law
Abstract (english)
This paper discusses the matter of parents prior right to provide his/her child with care in situations in which a child’s parent is a person with intellectual disabilities. The author analyzes the case of A.K. and L. v. Croatia in which European Court of Human Rights concluded that it come to violation of the right to family life of A.K, a mother with an intellectual disability and her son L., who was adopted without the mother’s consent. The paper presents a critical review of Croatian family law in a matter of a parent’s consent for an adoption when the parent is a person with intellectual disabilities. By connecting contemporary standpoints of the European Court of Human Rights and the latest scientific knowledge about the ability of persons with intellectual disabilities to take care of their child, the author discusses a possible conflict between the principle of child’s best interest and the priority right of a parent to take care of his/her child. Also, the author warns about the danger of a parent with intellectual disabilities being deprived of his/her parental rights and completely excluded from the process of adoption even in situations when the parent could, with adequate professional help and support, maintain a family relationship with the child. From that perspective the author also discusses the latest reforms of the family law concerning protection of parental rights of persons deprived of their capacity for work.
Keywords (english)
Languageenglish
Publication typeOther - Other
Publication statusPublished
Peer reviewPeer review
Publication versionPublished version
Publication titleNew Developments in EU Labour, Equality and Human Rights Law
Numberingpp. 359-380
ISBN978-953-8109-04-1
URN:NBNurn:nbn:hr:132:135731
Publication2015
ConferenceTitle: International Jean Monnet Conference “New Developments in EU Labour, Equality and Human Rights Law”
Location: Osijek, Croatia
Start date: 2015-05-21
End date: 2015-05-22
Assembly type: Invited lecture
Type of resourceText
Publishing placeOsijek
Access conditionsOpen access
Terms of useLicence Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) icon
Created on2017-10-17 08:45:54