The rights of the child
Children have rights and duties, but what is their legal position against their parents? In other words, what are the child's rights in relation to their parents?
The right to maintenance, upbringing and education
The child has the right to housing, maintenance, upbringing, education and development, this is laid down in article 203, §1 old Civil Code.
- Right to housing: legal parents must provide housing for their child.
- right to upbringing: every child has a right to an education from its parents.
- right to maintenance: legal parents are financially responsible for their child both during and after their child's minority for the duration of their child's education.
- right to development: every child has the right to be able to develop as a person in relation to his parents.
If the legal parents refuse to respect and comply with any of these four rights, the child is entitled to a maintenance allowance and/or receiving power of attorney. In this way, the above rights for the child will then still be fulfilled.
The right to independent exercise of personality rights and fundamental rights
The older the child gets, the more the child can independently exercise his personality rights and fundamental rights. The independent and autonomous exercise of his/her rights is an exception to the fundamental incapacity of the minor.
The right to be heard in legal proceedings affecting the child
Children over the age of 12 are informed of their right to be heard on the initiative of the family court. Children under 12 can also be heard, but this is done at their own request or by the parties, the prosecution or the judge.
In principle, when the judge hears a child, this is done without the lawyers or parties. Hearing a child also does not result in the child becoming a party to the dispute.
When hearing a child, the judge takes into account the child's age and maturity. Since a child is impressionable, the judge should always listen critically.