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Le droit à l'enfant

Abstract : It is commonly put forward that there is no such thing as a right to a child. Such a statement is however too peremptory in so far as it seems to be universally acknowledged without allowing any response whatsoever. It should thus be toned down or attenuated. On the one hand, some mechanisms of positive law, that may relate to the contents of the right to a child, may lay the foundations for it. On the other hand, when the implementation of such mechanisms does eventually lead to the taking in of a child, it can thus be possible to assert the existence of evidence supporting the need for this right to be recognised. However, in such cases, it is never possible to reach a "right to..." label. Moreover, because Law is in a state of constant change, one should consider whether the right to a child could be asserted or whether one should rather improve its structural elements. Whereas the first hypothesis clearly appears unrealistic, the second one seems more achievable. But one should then fight all the incoherent legislative evolutions and conversely back or suggest any changes closely connected with the mechanisms potentially related to the right to a child.
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  • HAL Id : tel-01750411, version 1



Nicolas Litaize. Le droit à l'enfant. Droit. Université de Lorraine, 2013. Français. ⟨NNT : 2013LORR0250⟩. ⟨tel-01750411⟩



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