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In support of street children
This petition was published by RADU PETRE on Dec 24, 2009
ORGANIZZAZIONE DI VOLONTARIATO
,,SORRISO DEL SOLE “
www.sorrisodelsole.eu
PETITION AGAINST SEPARATION CHILDREN OF THEIR PARENTS.
Starting with 1995 Romania filed its candidacy for adhering to the European Union, and thus the system of child care became an important issue, since the observance of the rights of children is one of the political criteria for the European integration.
UN Convention regarding the rights of children is part of the negotiation chapter concerning JUSTICE and INTERNAL AFFAIRS, for the time being closed.
Starting with the 1st of January 2005, Romania implemented the new legislation in the field of child care and adoption, which unfortunately is not in agreement with UN CONVENTION concerning the rights of children or with the European Convention of the Human Rights.
Another example of law with an ambiguous character is that of the Law no. 272/2004 concerning child care that in art. 56 paragraph 1 letter b), states: Of the measures of special protection, instituted by the present law, benefits the child who, in order to protect his interests cannot be left in parental care for reasons not imputable to the parents.
The phrase ,,not imputable reasons” leaves room for arbitrary interpretations. Unfortunately, LAW 272/2004 concerning the protection and the promotion of the rights of children is in contradiction with the criteria from Copenhagen, but also with the Treaties and the Conventions signed by Romania. Why should that child in difficulty be taken away from his parents (in cf. with law 272/2004 art.56 letter b) and given in care to a physical person or to a maternal assistant, or to another residential type service?
This is CONTRARY TO ALL NORMS, TO ALL INTERNATIONAL AND EUROPEAN TREATIES SIGNED BY ROMANIA! THEY ARE CONTRARY TO THE UN CONVENTION OF THE 20TH NOVEMBER 1989:
-Article 9 point 1: ,,The party states shall assure that no child would be separated from his parents against their will (…)”
Normally, the state of law is a rule of law state. In Romania the situation is reversed because the law does not represent the clear expression of the will of the people and it does not correspond to the interests of everyone and all. Thus, the law became oppressive for some, that is, for the people (for the absolute majority) and it created privileges for some, that is, for the political class!
There is no juridical relationship between the elected and the people! There is no separation of powers within the state! THE POLITICS OVERWHELMED THE ENTIRE POWER AND IT IS NOT UNDER ANY CONTROL.
PRESIDENT
ADVOCAT
RADU PETRE
,,SORRISO DEL SOLE “
www.sorrisodelsole.eu
PETITION AGAINST SEPARATION CHILDREN OF THEIR PARENTS.
Starting with 1995 Romania filed its candidacy for adhering to the European Union, and thus the system of child care became an important issue, since the observance of the rights of children is one of the political criteria for the European integration.
UN Convention regarding the rights of children is part of the negotiation chapter concerning JUSTICE and INTERNAL AFFAIRS, for the time being closed.
Starting with the 1st of January 2005, Romania implemented the new legislation in the field of child care and adoption, which unfortunately is not in agreement with UN CONVENTION concerning the rights of children or with the European Convention of the Human Rights.
Another example of law with an ambiguous character is that of the Law no. 272/2004 concerning child care that in art. 56 paragraph 1 letter b), states: Of the measures of special protection, instituted by the present law, benefits the child who, in order to protect his interests cannot be left in parental care for reasons not imputable to the parents.
The phrase ,,not imputable reasons” leaves room for arbitrary interpretations. Unfortunately, LAW 272/2004 concerning the protection and the promotion of the rights of children is in contradiction with the criteria from Copenhagen, but also with the Treaties and the Conventions signed by Romania. Why should that child in difficulty be taken away from his parents (in cf. with law 272/2004 art.56 letter b) and given in care to a physical person or to a maternal assistant, or to another residential type service?
This is CONTRARY TO ALL NORMS, TO ALL INTERNATIONAL AND EUROPEAN TREATIES SIGNED BY ROMANIA! THEY ARE CONTRARY TO THE UN CONVENTION OF THE 20TH NOVEMBER 1989:
-Article 9 point 1: ,,The party states shall assure that no child would be separated from his parents against their will (…)”
Normally, the state of law is a rule of law state. In Romania the situation is reversed because the law does not represent the clear expression of the will of the people and it does not correspond to the interests of everyone and all. Thus, the law became oppressive for some, that is, for the people (for the absolute majority) and it created privileges for some, that is, for the political class!
There is no juridical relationship between the elected and the people! There is no separation of powers within the state! THE POLITICS OVERWHELMED THE ENTIRE POWER AND IT IS NOT UNDER ANY CONTROL.
PRESIDENT
ADVOCAT
RADU PETRE
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