Problems associated with the right of access in the context of the rights of the child in Latvia

Rıga Stradiņš University, Faculty of Law, Riga, Latvia

Abstract

The child is a special right-holder. In the legal system, the status of the child is characterised by substantive rights that are typical only for children and by different means of exercising and safeguarding rights, i.e. the rights of a child are exercised by custodians acting on behalf of the child. It should be noted that the state, which uses the levers of public power, is also involved in the protection and safeguarding of the rights of the child in the most direct way. The right of access should be mentioned as a special right of the child. This comprises the right of a child to direct contacts with the child's parents and siblings. Communication forms an integral part of daily lives of people as social beings. Communication with parents is essential for a child undergoing the process of personality development. The right of access is an absolute right, which may be restricted only in cases specified in laws, provided that access is harmful to a child. Although the right of access is provided for by law, the existing legal framework is still deficient, which is confirmed by frequent disputes arising over the exercise of this right.