Children Rights in France

Since the second half of the 19th century, French law has recognized the child as a legal person who has rapidly attained autonomy due to social changes. Due to child’s limited legal capacity, the French legal order, as in many other legal systems, treats him or her as an object of law needing prote...

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Main Author: Mehmet Rıfat Tınç
Format: Article
Language:English
Published: Istanbul University Press 2023-06-01
Series:İstanbul Hukuk Mecmuası
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Online Access:https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2BF2F489E80D409AAD9A87EE7C2F3BA9
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author Mehmet Rıfat Tınç
author_facet Mehmet Rıfat Tınç
author_sort Mehmet Rıfat Tınç
collection DOAJ
description Since the second half of the 19th century, French law has recognized the child as a legal person who has rapidly attained autonomy due to social changes. Due to child’s limited legal capacity, the French legal order, as in many other legal systems, treats him or her as an object of law needing protection, rather than as a complete legal subject. Recent changes in the family concept, such as the advancement of fundamental rights; the legal status of extramarital partnerships; the possibility of same-sex marriages; and the expansion of children’s rights in international agreements, have influenced the development of French juvenile law; the evolution of the child as a legal person; and his progression from a legal object to a legal subject in contemporary law. Even if childhood remains a legal concept that needs to be protected, children’s ability to operate their own rights increases and they become nearly a legal subject. In some cases, they can even acquire a full legal personality just like an adult. However, despite all the progress made so far, the child’s legal status has not been fully realized, nor have the existing children’s rights been fully implemented.
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institution Kabale University
issn 2667-6974
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spelling doaj-art-70d47ef438ca4370879d3dc9138280312025-08-20T03:53:18ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742023-06-0181258962010.26650/mecmua.2023.81.2.0010123456Children Rights in FranceMehmet Rıfat Tınç0https://orcid.org/0000-0002-7908-3261Fransa La Réunion Üniversitesi, Saint-Denis, FransaSince the second half of the 19th century, French law has recognized the child as a legal person who has rapidly attained autonomy due to social changes. Due to child’s limited legal capacity, the French legal order, as in many other legal systems, treats him or her as an object of law needing protection, rather than as a complete legal subject. Recent changes in the family concept, such as the advancement of fundamental rights; the legal status of extramarital partnerships; the possibility of same-sex marriages; and the expansion of children’s rights in international agreements, have influenced the development of French juvenile law; the evolution of the child as a legal person; and his progression from a legal object to a legal subject in contemporary law. Even if childhood remains a legal concept that needs to be protected, children’s ability to operate their own rights increases and they become nearly a legal subject. In some cases, they can even acquire a full legal personality just like an adult. However, despite all the progress made so far, the child’s legal status has not been fully realized, nor have the existing children’s rights been fully implemented.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2BF2F489E80D409AAD9A87EE7C2F3BA9francechildren rightschild lawfamily lawcivil lawfamily reunificationadoptionkafalaeuropean unioneuropean councilunited nationsconvention on the rights of the child
spellingShingle Mehmet Rıfat Tınç
Children Rights in France
İstanbul Hukuk Mecmuası
france
children rights
child law
family law
civil law
family reunification
adoption
kafala
european union
european council
united nations
convention on the rights of the child
title Children Rights in France
title_full Children Rights in France
title_fullStr Children Rights in France
title_full_unstemmed Children Rights in France
title_short Children Rights in France
title_sort children rights in france
topic france
children rights
child law
family law
civil law
family reunification
adoption
kafala
european union
european council
united nations
convention on the rights of the child
url https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/2BF2F489E80D409AAD9A87EE7C2F3BA9
work_keys_str_mv AT mehmetrıfattınc childrenrightsinfrance