A child is a particularly vulnerable being in our society, therefore his well-being needs to be properly protected. In order to achieve this goal, it is essential that his rights are established by law as well as appropriately and effectively protected in a procedure. A child, in the Slovenian legal system, is directly protected by the provisions of international treaties, while the Constitution of the Republic of Slovenia as well as other various act provide their protection in the internal legal system. Children’s rights are protected in a contentious civil procedure, non-contentious procedure and administrative procedure.
The administrative procedure, as one of the procedures where children’s rights are protected and the best interest of children’s right is pursued, provides sufficient protection of them. Speed and efficiency are the main characteristics of the administrative procedure and they are essential for protection of children and their rights. The administrative procedure is therefore often more appropriate than the civil procedure, despite the truncation of certain fundamental principle. Because of his procedural incapacity, the child as a party of the administrative procedure is represented by a legal representative or guardian or in certain cases by a temporary representative. Their role in the procedure is to perform all procedural acts on behalf of the child and to ensure that his best interest is truly pursued. This ensures necessary protection for the child as the party and subject of the procedure.
Since the situation, where a child is the subject of the procedure, is specific and especially sensitive, this field is in dire need of a reform. For pursuing their greatest interest children should be protected in a special procedure, led by a special court, by judges who are educated and qualified specifically in this area.
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