Institution of Legal Representation as a Procedural Mechanism in Guaranteeing the Rights of a Child Victim of a Criminal Offense, Beyond Alternative Care as a Temporary Social Measure

Abstract

Purpose: Parental responsibility involves a range of rights and duties that allow parents to make decisions on behalf of their minor children, which includes legal representation. According to both international and Albanian law, parents maintain their role as legal representatives for their children until they reach 18 years old, unless a final court ruling has restricted or revoked their parental responsibility. However, in certain criminal proceedings involving minor victims, courts sometimes deny parents the right to act as legal representatives confusing legal representation with the institution of alternative care. This paper examines the relationship between the legal representation of a minor victim of a criminal offense and the institution of alternative care within the framework of Albanian legislation and international standards. Research Methods: The study applies research, comparative, and analytical methods, focusing on the approximation of Albanian legislation with European standards regarding the legal representation of minors before prosecution authorities and courts. A normative and doctrinal analysis of Albanian legislation is conducted, addressing two central questions: whether alternative care can replace legal representation and under what circumstances parents remain the legal representatives of the minor. Results: The analysis reveals that institutional practice sometimes confuses parental legal representation with alternative care measures. The study highlights real-world problems, such as situations with conflicts of interest and the absence of explicit procedures to guarantee the child's best interests. Conclusions: Legal representation remains a fundamental component of parental responsibility and cannot be excluded unless limited by a final court decision. Strengthening institutional clarity and awareness among procedural authorities is necessary to ensure effective protection.

Received: 17 January 2026 / Revised: 24 February 2026 / Accepted: 10 March 2026 / Published: 25 March 2026