Європейська конвенція про здійснення прав дітей 1996 р.: забезпечення прав та інтересів дітей при усиновленні

The article analyzes the provisions of the European Convention on the Exercise of Children’s Rights of 1996 with a view to identifying the instruments for ensuring the rights and interests of a child in the adoption process. The author analyzes the main works of legal scholars whose object of study was the international legal regulation of the rights and interests of the child in adoption cases. It is determined that a component of ensuring the procedural rights of a child is his/her right to be informed and express his/her own opinion. The Convention imposes on the adoption authorities the obligation to take due account of the child’s opinion based on his or her age and level of development. This issue is of particular importance in adoption, as it provides an opportunity to take into account the child’s position regarding his or her future family and, in cases of international adoption, the country of residence. The author establishes that the defining procedural right of a child is the right to representation and to receive information about court proceedings. It is proved that the involvement of a child’s representative is a guarantee of proper protection of the child’s rights and interests regardless of the position of other participants to the proceedings. It is emphasized that a court decision is made only if there is sufficient information necessary to fully ensure the best interests of the child. The court is obliged to make sure that the child receives all the necessary information and is aware of the consequences of its actions, and must hear his or her opinion if he or she is able to express it. The role of the Standing Committee established by the Parties to the Convention in harmonizing international and national legislation, as well as in promoting international cooperation in the field of ensuring the rights and interests of children is revealed. It is concluded that the European Convention on the Exercise of Children’s Rights is an important element of the international mechanism for protecting the rights and interests of the child, which focuses on the procedural rights of the child, ensuring his or her active participation in decision-making that directly affects his or her life.