Persons can be deprived of parental rights not automatically, but only in the best interests of the child, the Constitutional Court held following a complaint from a father who went to the Supreme Court of Justice because he was deprived of parental rights after he was diagnosed with drug addiction. He requested the Constitutional Court to pronounce on the constitutionality of the legal provisions based on which he can be deprived of parental rights, IPN reports.
In particular, the Court ruled that in accordance with the Family Code, the parents can be deprived of parental rights if they are addicted to drugs. The goal of the measure is to protect the rights and interests of the child. However, a person should be deprived of parental rights only in exceptional circumstances and only if there is an imperative need that refers to the interests of the child.
Based on the invoked arguments, the Constitutional Court rejected the exception of unconstitutionality and recognized as constitutional the expression “addicted to drugs” contained in the Family Code provisions, but noted that this refers to situations when the person is deprived of parental rights not automatically, but to protect the best interests of the child.
