Parental alienation under the Right of good administration and effective measures – Children’s Rights are Human Rights
Sandra Inês Feitor, Lawyer. Assistant Professor at Lusófona Law University of Lisbon.
Sandra Inês Feitor
Family life is a fundamental and human right under article 8.º ECHR and article 9.º e and 18.º UNCRC. Family life must be seen also in light of articles 7.º and 24.º of EU Charter of Human Rights and the right to a good administration of justice and effective measures, in order to efficiently deal with parental alienation cases and situation of refusal of the children on reestablishment of family life.
It is not possible to have effective measures without a good administration of justice as a timely decision and regarding the right to an effective protection of rights. It means that courts must be efficient and diligent applying measures in time and with efficiency to restore the violations. Otherwise, justice will not be served and we will have de facto situations leading to irremediable loses for children. Is also relevant the child friendly justice program of Council of Europe 2022-2027.
Lawyer. Assistant Professor at Lusófona Law University of Lisbon. Research at CEAD of Lusófona Law University. Collaboration with CEDIS Research center of Nova School of Law, Lisbon. Invited Professor in postgraduate studies at Lisbon Law University. Family Mediator and trainer. Consultancy services to Council of Europe on ECtHR decisions execution. PhD and Master in Law. Board member of International Council of Shared Parenting. International Partner of Family Law Brazilian Institute. Board member of National Federation of Family Associations.