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  • Social and Legal Aspects of...
    Hlaca, Nenad

    Društvena istraživanja, 07/2008, Letnik: 17, Številka: 4-5
    Journal Article

    The phenomenon of deserting newborns is examined in the introduction using the historical & comparative methods. Different solutions adopted in national legislations & in case law reveal development of social treatment of the deserted children. It is concluded that in the course of history the morals, religion & customs have influenced desirability of political goals additionally reinforced by the laws related to sexuality & treatment of the deserted children by the community. The phraseology employed in Art. 7 of the UN Convention on the Right of the Child of 1989, which qualifies the right of the child to know his or her parents & fails to elevate it to the level of the child's absolute rights, seems acceptable & appropriate to the stage of civilization reached by the majority of the UN member states. The modern social state substitutes the lack of mother's love for her child, expressed in the act of deserting the newborn, by means of other institutes of family law, such as foster care & adoption, protecting the right to life as the elementary human right. References. Adapted from the source document.