The document discusses the international legal framework for children's rights. It outlines several key international instruments that guarantee children's rights, including the UN Convention on the Rights of the Child (UNCRC). The UNCRC establishes basic principles like survival/development of the child, protection of the child, and the highest interests of the child. Regarding adoption, the UNCRC states that adoption should offer children a family environment where they can feel like part of a biological family. The document also discusses children's rights under Albanian law, noting mechanisms at central and local levels to protect children's rights in Albania.

1. THE INTERNATIONAL LEGAL
FRAMEWORK ON THE RIGHTS
OF CHILDREN
Eugena BISHA
PhD candidate,
European University of
Tirana

2. ABSTRACT
Issues that affect children, have always been in the center of the
attention all around the world. Protecting children’s rights constitutes
one of the most important directions of the social politics in the
Republic of Albania. Children in member states of the European
Council, have the right of a range of human rights guaranteed from
the European Convention of Human Rights, United Nations
Convention on the Rights of Children (UNCRC) and any other state
institutions dealing with human rights. There are some legal
instruments in the International Law that guarantee the rights of the
children.
Key words: children’s rights; UNCRC; best interes of the child;
albanian law

3. INTRODUCTION
Albania ratified UNCRC in 1992 as one of the most important
instruments of the International Law. According to article 1 of the
Convention of the United Nations on children’s rights, “…a child is a
human being under 18 years old”. Likewise, the Family Code in
compliance with the international legislation, defines the term child
to every person who is under 18. Based on point (d ) of article 3 of
the law “Protecting the rights of the children”, “A child is every person
born alive, up to the age of 18. In case the age of the person is not
determined, but there are reasons that imply the idea that the person
is a child, then this person is considered a child based on this law
until his/her age is determined.”

4. There are some legal instruments in the International Law that
guarantee the rights of the children. Various international
instruments that have to do with children’s rights, ratified from the
Albanian state, emphasize the fact that children conditioned from
elements like: age, absence of physical and intellectual maturity, have
the need for special protection and attention from family and state
institutions. (Shegani A. 202:41)
As a result of legal reforms, the legal framework on the rights of the
children in Albania has undergone continuous changes, aiming at
getting close to the European standards. In order to have an adequate
legal process that establishes and finalizes an adoption, all the rights
of the child protected from the national and international law must be
respected. Maybe it is difficult to find “the perfect family” for a child,
but through adoption, attempts are made to find the appropriate
family for the child where there is no violation of his/her rights
guaranteed by law. In most of the international conventions in
relation to the rights and well-being of the child, it is stated that in
order to protect the rights of the children, being orphans, abandoned
or without a proper family, the best solution is adoption

5. INTERNATIONAL LEGAL
INSTRUMENTS
In the preface of the United Nations Convention on the Rights
of the Children, it is underlined the importance of the family in
growing up, educating and the welfare of the children. Through
its various tools, the United Nations Organization has tried to
protect as well as raise awareness of the welfare of the children
in societies. The United Nations Convention on the Rights of
Children (UNCRC) is an international treaty on human rights
that guarantees to all the children and youngsters up to 17
years old a package of rights including protection, education,
health care, family environment, development of his/her talents
and abilities, love and happiness. It is the convention with the
biggest number of ratifications in history.

6. The convention guarantees these basic principles:
1. The survival and development of the child (article 6)- primary
importance is given to health care. This principle aims at the
education of the child, discovering the talents and abilities that
he/she might have and engaging him/her in cultural and
artistic centers.
2. The protection of the child (article 2)- protection from family
environments or other environments that are not suitable for
the child; protection from psychological and physical violence.
3. The highest interest of the child (article3)
4. The engagement of the child (article 12)- mainly with
decisions that are related to the child

7. CHILDREN AND ADOPTION ACCORDING TO THE CONVENTION OF THE
UNITED NATIONS ON THE RIGHTS OF THE CHILDREN
According to this convention, adoption aims at offering the
child a family, not only for the sake of having a family but
where he can also feel as it was his/her biological family. A
child who is temporarily or permanently deprived from a family
environment or it is in his/her interest not to be part of such an
environment, he/she has the right of protection and special
assistance from the state. (UN Convention on the Rights of
Children, article 20.1) Adoption is a personalized project for the
life of a child and must be determined based on the study of
the psychological, social, emotional, health, ethno-cultural and
legal conditions and if it possible the condition of the biological
family as well.
As it is noticed from its principals, this convention emphasizes
the importance of the care and the special assistance that a
child needs.

8. CHILDREN’S RIGHTS IN ALBANIA
The Constitution of Albania guarantees the protection of
children rights in several articles from discrimination, and
promotes education, identity, protection from violence
Article 5 of the Family Code of the Republic of Albania foresees
as one of the most important principles the importance of the
growing up of a child in a healthy family environment, a happy
atmosphere, love and understanding.
The Law for the Protection of the Rights of the Children
(date.04.11.2010) is a new law that is added to the wide range
of the Albanian legislation on the protection of the children’s
rights and aims at raising the level of the implementation of the
Convention on Children Rights

9. The Albanian legislation foresees two kinds of mechanisms for
the protection of children rights:
a) Mechanisms of central level
-The National Council on the Protection of the Rights of
Children
-The minister who directs issues in relation to the protection of
children’s rights
-The State Agency for the Protection of the Rights of Children
b) Mechanisms of local level
-The sector for the protection of the rights of children in the
District Council
-The sector for the protection of children in the City Hall

10. Albania has ratified several acts and international conventions
in relation to the protection of the children’s rights which have
brought improvements in the context of the protection of the
rights of children by adopting them according to the European
standards.