Horyzonty Wychowania (Dec 2023)
State Interference With the Scope of Parental Responsibilities – Comparative Legal Analysis
Abstract
RESEARCH OBJECTIVE: The article presents a comparative analysis of legal regulations in selected (according to the author’s research interests) European countries regulating issues related to state interference with the scope of parental authority/responsibility, the grounds for this interference and the forms of modification of parental rights and responsibilities. THE RESEARCH PROBLEM AND METHODS: The author is looking for answers to questions: In what circumstances the interference of state authorities in the sphere of parental rights is possible/necessary? What form can such interference take in the laws of selected countries? Who has the right/obligation to request such interference? The author used the method of analysis of ad- equate legal provisions of selected countries. THE PROCESS OF ARGUMENTATION: Analysing the provisions in force in the internal legislation of Poland, Hungary, Norway and Sweden, the author presented adopted legal solutions regulating issues related to the scope of interference with the parental responsibility/authority of the child’s parents in the event of its improper implementation. RESEARCH RESULTS: The analysis of legal provisions regulating the issue of parental responsibilities indicates that each of the four legal systems examined provides for situations in which it is necessary for state authorities to interfere in the sphere of parental rights and responsibilities. CONCLUSIONS RECOMMENDATIONS AND APPLICABLE VALUE OF RESEARCH: Presented considerations constitute a general overview of the regulations in force in individual countries and, as such, are only an introduction to in-depth reflection on the optimization of the subject scope of social policy.
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