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Family and Child Law

Objectives

1. To understand the concept of the Best Interest of the Child as a guiding principle of all the subjects of the discipline;

2. To study the supralegal sources of Children's Rights, especially the Portuguese Constitution, the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, with a view to fundamental rights.

3. To critically think about the concept of family and the evolution of jurisprudence in this context.

4. To understand the concept, requirements and procedure of national and international adoption, as well as the protection of the several involved fundamental rights

5. To understand the current legal system of parental responsibilities, differentiate the concepts of parental responsibility, custody and residence, as well as the various legally practicable regimes.

6. Formulate critical and sensitive perspectives on sensitive issues, such as the power of correction, parental manipulation, international abduction, and alternate residence.

7. Understand the aims and functioning of the protection regime for children and young people in danger, its guiding principles such as the prevalence of the family and the ultima ratio of measures that lead to a departure from the natural environment.

8. To Understand the purpose of the Intervention in the scope of the educational tutelary process as oriented to the education of the child for the Law and for the fundamental values ¿¿in society,

9. To understand the practical functioning of the educational tutelary process, its applicable measures and criteria of choice, based on the international principles in the matter.


General characterization

Code

33184

Credits

4

Responsible teacher

Helena Pereira de Melo

Hours

Weekly - Available soon

Total - 112

Teaching language

Available soon

Prerequisites

Not Applicable

Bibliography

Not Applicable

Teaching method

In the classes subjects will be presented so that the students may critically question the law in force in light of the supralegal principles. Practical hypotheses will be developed to promote the debate.

Students should read some rulings and to discuss them in classes.

Starting in mid-March, students will present papers on subjects related to the topics and shall bring cases and problems to discuss in class.


Evaluation method

Final Evaluation: Final Exam

or

Continuous assessment:



20% participation in classes and discussion of research works

80% research work

 



 


Subject matter

I. Supralegal sources on family and children

A. The Constitution of the Portuguese Republic;

B. United Nations Conventions, in particular the Convention on the Rights of the Child;

W. The European Convention on Human Rights;

d. The Charter of Fundamental Rights of the European Union



II. The Concept of Family

A. Jurisprudence of the ECtHR;

B. Sources of Family Legal Relations foreseen in the Portuguese Civil Code;

C. Protection of de facto partnerships and other "para-family" relations



III. Adoption

A. Jurisprudence of the ECHR and of the Constitutional Court;

B. Legal Regime of Adoption in Portugal

C. Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption

D. Civil sponsorship



IV. Parental Responsibilities

A. The Jurisprudence of the ECtHR;

B. Legal nature and content of parental responsibilities;

C. Regulation of the exercise of parental responsibilities in the event of divorce or dissolution of the partnership

D. The so-called "parental alienation": designation, punishment

E. The Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in matters of parental responsibility and measures to protect children

F. The Hague Convention on the Civil Aspects of International Child Abduction



V. Protection of Children and Young People in Danger

A. The Jurisprudence of the ECtHR;

B. Purpose of the Intervention;

C. Principles of Intervention;

D. Promotion and Protection Measures;

E. Promotion and Protection Process



IV. Tutelary Educational Proccess

A. Jurisprudence of the ECtHR;

B. Purpose of the Intervention;

C. Principles of Intervention;

E. Educational Guardianship Measures;

F. Tutelary Educational Proccess