Convention was the fruit of ten years of work by many specialists. The first draft of the Convention was submitted to the UN Commission on Human Rights in 1978. The development of the document involved not only representatives of states and intergovernmental organizations of the UN structure, but also scientists, as well as non-governmental organizations. 2 Even then, the need to give children's rights the force of treaty law became apparent. But only ten years later, on November 20, 1989, the United Nations General Assembly unanimously approved resolution No. 44/25, thereby adopting the Convention on rights child. On the day the Convention opened for signature, January 26, 1990, 61 countries signed it, which was a kind of record. 3
Since the adoption of the Convention on rights the child in 1989 was fifteen years old.
Currently Convention is the most widely recognized international document on human rights issues. Its jurisdiction is universal in the truest sense of the word. As of January 30, 2004, the closing date of the thirty-fifth session of the Committee on the Rights of the Child, 192 states were parties to the Convention. 6
Convention enshrines various rights of the child - civil, political, economic, social and cultural, which have never previously been combined in a single document. It reflects a compromise between different legal and philosophical approaches, international and national political interests. Its provisions take into account the diversity of cultures, traditions, religions, levels economic development various countries. All this, as well as the existence of a mechanism for monitoring compliance with the provisions of the Convention, makes this document a unique instrument for protecting the rights of the child.
Convention not only identifies the child as a person entitled to specific rights, but also makes it possible for the child to protect his rights through national judicial or administrative procedures (Article 12). It is the introduction of the principle of transforming the child from a passive object of “protection” into an active subject that is one of the most significant contributions made by the Convention to international human rights law.
When developing the Convention, the leading principle of the UN Declaration on rights child" (1959) - the best interests of the child. The fact that it is through this principle that all the rights of the child are revealed is recognition of the possibility of a contradiction between some of the rights of the child and the rights and responsibilities of parents/guardians and even the state. Because of this Convention not only affirms the priority of the interests of children, but also considers as a principle the observance of the rights and interests of all children without any exceptions or any discrimination. At the same time, it is important not to forget that the principle of non-discrimination does not require that children be treated exactly the same in all cases. So, according to Art. 5, 12, of the Convention, the implementation of a number of rights of the child depends on his age, maturity and degree of development; and according to Art. Art. 20, 23, special needs are recognized by the Convention for disabled people and children permanently or temporarily deprived of a family.
The Russian Federation has ratified the Convention on rights child August 16, 1990 7 Additionally, on February 15, 2001, Russia signed the Optional Protocol to the Convention on rights on the involvement of children in armed conflict, reaffirming its commitment in this area to protecting the rights of the child.
Convention on the Rights of the Child
For the purposes of this Convention, a child is every human being under the age of 18 unless, under the law applicable to the child, he reaches majority earlier.
The central idea of the Convention is the requirement “to ensure the best interests of the child” and, unlike previously adopted documents, it has the force of international law.
All its provisions boil down to four requirements that ensure children’s rights:survival, development, protection and active participation in society.
The significance of the Convention is invaluable, since it largely addresses not so much the present as the future of humanity. And this is relevant for our state, where more than 32 million children live.
The Convention on the Rights of the Child affirms a number of social and legal principles, the main of which are:
Recognition of the child as an independent, full-fledged and full-fledged person, possessing all rights and freedoms;
- priority of the interests of the child over the needs of the state, society, family, religion.
The Convention states that freedom, necessary for the child development of one's moral and spiritual abilities requires not only a healthy and safe environment, an appropriate level of medical care, provision of food standards, clothing and housing, but also providing this as a priority always, regardless of the state of development of the state.
The Convention is a document of high social and moral significance, based on the recognition of any child as a part of humanity, on the primacy
universal human values and harmonious development of the individual, excluding discrimination of the individual based on any motives or characteristics. It emphasizes the priority of children's interests and specifically highlights the need for special care of any state and society for socially deprived groups of children: orphans, disabled people, refugees, delinquents.
The Convention does not have primary or secondary articles; each article is the main one, as it affirms specific rights and freedoms of the child, specific mechanisms for their protection.
For a deeper understanding of the provisions of the Convention, it is advisable to distribute all the rights of the child enshrined in it into groups. The following structure of these groups seems to be the most optimal:
a) personal (civil) rights of children;
b) social rights of the child;
c) political rights;
d) the child’s rights to education and culture;
e) children’s rights to protection in extreme situations.
Your rights and responsibilities From birth Having been born, a child acquires the right to citizenship, has legal capacity under civil law, has the right to a first name, patronymic and last name, has the right to live and be raised in a family, to know his parents, to receive from them protection of his rights and legitimate interests. 3 years A three-year-old citizen has the right to attend kindergarten. 6 years Six-year citizen:
Small household transactions; 8 years An eight-year-old citizen can join children's public associations. 10 years Ten-year citizen:
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States Parties shall respect and ensure all rights provided for in this Convention to every child within their jurisdiction, without discrimination of any kind, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property status, health and birth of the child, his parents or legal guardians or any other circumstances.
The child has personal rights N The inalienable right to life, survival and healthy development (Article 6). N and registration from the moment of birth, in the name, acquisition of citizenship, knowledge of parents and their care (Article 7). N but the preservation of one’s individuality (v. 8). N and maintaining connections with parents in the event of separation from them (vv. 9-10). N but the free expression of one’s views on all matters affecting the child (if he is able to formulate them) (Article 12). N and personal life, family life, inviolability of home and secrecy of correspondence, to the protection of the law from illegal attacks on his honor and reputation (Article 16). N and protection from all forms of physical and psychological violence, insult or abuse, maltreatment or exploitation, including sexual abuse by parents, legal guardians, from illegal use of narcotic drugs and psychotropic substances, sexual exploitation, from torture and cruelty, inhuman or degrading types of treatment (Articles 19, 33, 34, 35, 37). N and preventing deprivation of liberty in an unlawful or arbitrary manner. Neither the death penalty nor life imprisonment without the possibility of release are imposed for crimes committed by persons under 18 years of age (Article 37). N and protection from conscription military service children under 15 years of age, preventing children under 15 years of age from participating in direct hostilities. R A child who has violated criminal law has the right to be treated in a manner that promotes his sense of dignity and worth and enhances his respect for the human rights and fundamental freedoms of others (Article 40). The child is guaranteed social rights N and special protection and assistance provided by the state in the event that a child is temporarily or permanently deprived of his family environment or in his own best interests cannot remain in such an environment (Article 20). N and the use of the most advanced health care services and means of treating illness and restoring health (Article 24). N and a full life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in the life of society if the child is mentally or physically disabled (Article 23). N and the use of social security benefits, including social insurance (Article 26). N but a standard of living necessary for physical, mental, spiritual, moral and social development (v. 27). |
Convention on the Rights of the Child (summary)
The Convention is an international document recognizing all human rights for children from 0 to 18 years of age. Adopted November 20, 1989.
The Convention is a legal document of a high international standard. It proclaims the child to be a full-fledged person, an independent subject of law. There has never been such an attitude towards a child anywhere. By defining children's rights, which reflect the full range of civil, political, economic, social and cultural human rights. The Convention also establishes legal norms of state responsibility, creates a special control mechanism (UN Committee on the Rights of the Child) and vests it with high powers.
The Convention is a document of the highest pedagogical significance. She calls on both adults and children to build their relationships on moral and legal standards, which are based on genuine humanism and democracy, respect and careful attitude to the child’s personality, his opinions and views. They should be the basis of pedagogy, education and the decisive elimination of the authoritarian style of communication between an adult and a child, a teacher and a student. At the same time, the Convention affirms the need to develop in the younger generation a conscious understanding of the laws and rights of other people, and a respectful attitude towards them.
The ideas of the Convention should introduce many fundamentally new things not only into our legislation, but above all into our consciousness.
The main idea of Convection is to ensure the best interests of the child. HER situation boils down to four essential requirements that must ensure the rights of children: survival,
development, protection and promotion of active participation in society.
Convection affirms a number of important social legal principles, the main one of which is the recognition of the child as a full-fledged and full-fledged person. It is a recognition that children should have human rights in their own right, and not as an appendage of their parents or guardians.
According to the Convection, a child is every human being under the age of 18, unless national law establishes more early age reaching adulthood.
Recognizing the child as an independent subject of law, the Convection covers the entire range of civil, political, economic, social and cultural rights. At the same time, she emphasizes that the implementation of one right is inseparable from the implementation of others. It proclaims the priority of the interests of children over the needs of the state, society, religion, and family. The Convention states that the freedom necessary for the child to develop intellectual, moral and spiritual abilities requires not only a healthy but also a safe environment, an adequate level of health care, and provision of minimum standards of food, clothing and housing. Moreover, these rights must be given to children first, always as a matter of priority.
Since the Convention on the Rights of the Child came into force on the territory of our state on September 15, 1990, the provisions of this Convention must be respected.
Article 1 Definition of a child. A person under 18 years of age is considered a child and has all the rights contained in this Convention.
Article 2 Non-admission and prevention of discrimination. Every child, regardless of race,
colour, sex, religion and social origin has the rights provided for in this Convention and shall not be subject to discrimination.
Article 3 Respect for the interests of the child. When making decisions, the state must ensure the interests of the child and provide him with protection and care.
Article 4 Realization of rights. The state must implement all the rights of the child recognized by this Convention.
Article 5 Education in the family and development of the child’s abilities. The state must take into account the rights, duties and responsibilities of parents when raising a child.
Article 6 Right to life and development. Every child has the right to life and the state is obliged to ensure his healthy mental, emotional, mental, social and cultural development.
Article 7 Name and nationality. Every child has the right to a name and nationality at birth, and the right to know and count on his or her parents.
Article 8 Preservation of individuality. The state must respect the child’s right to preserve his individuality and must help the child in the event of their deprivation.
Article 9 Separation from parents. A child should not be separated from his parents unless it is in his best interests. In cases of a state decision to separate one or both parents, the state must provide all necessary information about the whereabouts of his parents (except in cases where this may harm the child).
Article 10 Family reunification. If the child and parents live in different countries, then they should all be able to cross the borders of these countries in order to maintain personal relationships.
Article 11 Illegal movement. The state must prevent the illegal removal of children from the country.
Article 12 Views of the child. A child, in accordance with his age, has the right to freely express his views on all issues affecting him.
Article 13 Freedom of opinion. The child has the right to freely express his opinion, receive and transmit information, as long as it does not harm other people or violate state security and public order.
Article 14 Freedom of thought, conscience and religion. The state must respect the child’s right to freedom of thought, conscience and religion.
Article 15 Freedom of Association. Children have the right to meet and form groups as long as it does not harm others or disrupt public safety and order.
Article 16 Protection of the right to privacy. Every child has the right to privacy. No one has the right to harm his reputation, or enter his house and read his letters without permission.
Article 17 Access to necessary information. Every child has the right to access information. The state should encourage the media to disseminate materials that promote the spiritual and cultural development of children and prohibit access to information that is harmful to the child.
Article 18 Parental responsibility. Parents bear equal responsibility for the upbringing and development of the child. The state must provide parents with adequate assistance in the upbringing and development of children and ensure the development of a network of child care institutions.
Article 19 Protection from abuse. The state must protect the child from all types of violence, neglect and abuse by parents or others, including helping a child who has been abused by adults.
Article 20 Protection of a child deprived of a family. If a child is deprived of his family, he has the right to count on special protection from the state. The state can hand over the child to be raised by those people who respect his native language, religion and culture.
Article 21 Adoption. The state must ensure that when adopting a child, his interests and guarantees of his legal rights are strictly observed.
Article 22 Refugee children. The state must provide special protection to refugee children, including assistance in obtaining information, humanitarian assistance and facilitation of family reunification.
Article 23 Disabled children. Every child, whether mentally or physically disabled, has the right to special care and a life of dignity.
Article 24 Healthcare. Every child has the right to protect their health: to receive medical care, clean drinking water and good nutrition.
Article 25 Assessment during care. The state must regularly check the living conditions of the child in care.
Article 26 Social security. Every child has the right to enjoy social benefits, including social insurance.
Article 27 Standard of living. Every child has the right to a standard of living necessary for his physical, mental, spiritual and moral development. The state should help those parents who cannot provide for their children necessary conditions life.
Article 28 Education. Every child has the right to education. Schools must respect children's rights and respect their human dignity. The state must ensure that children attend school regularly.
Article 29 Purpose of education. Educational institutions must develop the child’s personality, his talents, mental and physical abilities, and educate him in the spirit of respect for his parents, understanding, peace, tolerance, and cultural traditions.
Article 30 Children belonging to minorities and indigenous populations. If a child belongs to an ethnic, religious or linguistic minority, he has the right to speak his native language and observe his native customs and practice his religion.
Article 31 Rest and leisure. Every child has the right to rest and play, as well as to participate in cultural and creative life.
Article 32 Child labor. The state must protect children from dangerous, harmful and backbreaking work. Work should not interfere with the education and spiritual and physical development of the child.
Article 33 Illegal use of narcotic drugs. The state must do everything possible to protect children from the illegal use of drugs and psychotropic substances, and to prevent children from participating in the production and trade of drugs.
Article 34 Sexual exploitation. The state must protect children from all forms of sexual violence.
Article 35 Trade, smuggling and theft. The state must fight with all its might against the abduction, smuggling and sale of children.
Article 36 Other forms of exploitation. The state must protect the child from any actions that may harm him.
Article 37 Torture and deprivation of liberty. The State shall ensure that no child is subjected to torture, ill-treatment, unlawful arrest or imprisonment. Every
A child deprived of his liberty has the right to maintain contact with his family, receive legal assistance and seek protection in court.
Article 38 Armed conflicts. The state should not allow children under 15 to join the army or directly participate in hostilities. Children in conflict zones should receive special protection.
Article 39 Restorative care. If a child is a victim of abuse, conflict, torture or exploitation, the state must do everything possible to restore his health and self-esteem.
Article 40 Administration of juvenile justice . Every child
accused of violating the law has the right to basic guarantees, legal and other assistance.
Article 41 Application of the highest standards. If the legislation of a particular country protects the rights of the child better than this Convention, then the laws of that country should apply.
Article 42 Compliance and entry into force.
The State must disseminate information about the Convention to adults and children.
Articles 43-54 include the norm that adults and the state must jointly ensure all children's rights.
Brief information about the UN Convention on the Rights of the Child
November 20, 1989 The UN General Assembly adopted the Convention on the Rights of the Child, which is today international law.
The USSR ratified this Convention (date of ratification Supreme Council USSR on June 13, 1990), the Convention entered into force for Russian Federation September 15, 1990.
The Convention on the Rights of the Child provides equal rights for children and adolescents under 18 years of age. Right to life and development. The right to a peaceful childhood and protection from violence. The right to be respected for your way of thinking. The interests of the child must always be taken into account first.
Countries that have acceded to the Convention are obliged to make maximum use of all available means to ensure the rights of the child.
Summary of the Convention on the Rights of the Child
The UN Convention on the Rights of the Child consists of 54 articles. All of them are equally important and operate both in peacetime and during armed conflicts.
Article 1
A child is every person in the world under 18 years of age.
Article 2
Every child, regardless of race, color, sex, language, religion, wealth or social origin, has all the rights provided for in this Convention. No one should be discriminated against.
Article 3
The interests of the child must always be taken into account first.
Article 4
States that have ratified the Convention must endeavor to implement, to the best of all resources at their disposal, the social, economic and cultural rights of the child. If resources are insufficient, solutions must be sought through international cooperation.
Every child has the right to life and the state is obliged to ensure the survival and healthy development of the child by supporting his mental, emotional, mental, social and cultural level.
Article 7
The child has the right to a name and nationality. The child has the right, as far as possible, to know who his parents are. The child has the right to count on care from his parents.
Article 9
A child should not live separately from his parents against his will, unless it is in his best interests. A child who does not live with his parents has the right to see them regularly.
Article 10
Requests from family members living in different countries who wish to join must be dealt with kindly, humanely and quickly,
Article 12-15
The child has the right to express his opinion on all issues relevant to him. When the court and authorities consider cases concerning a child, it is necessary to hear his testimony and act primarily in his interests. The child's rights to freedom of thought, conscience and religion must be respected.
Article 18
Parents have general and primary responsibility for the upbringing and development of the child. They are obliged to think about the interests of the child first.
Article 19
A child has the right to protection from physical and mental abuse, neglect, or being taken advantage of by parents or guardians.
Articles 20-21
A child who has lost his family has the right to alternative care. When adopting, states are required to look after the best interests of the child in accordance with applicable laws.
Article 22
A refugee child arriving alone, with his parents or a third party has the right to protection and assistance.
Article 23
Any child with physical or mental disabilities has the right to a full and dignified life that ensures active participation in society.
Article 24
The child has the right to comprehensive medical care. All countries have a responsibility to work to reduce child mortality rates, combat disease and malnutrition, and eliminate traditional and unhealthy practices.
Pregnant women and new mothers have the right to health care.
Articles 28 – 29
The child has the right to free primary education. Education must prepare the child for life, develop respect for human rights and educate in the spirit of understanding, peace, tolerance and friendship between peoples.
Article 30
A child belonging to a national minority or indigenous population has the right to his own language, culture and religion.
Article 31
The child has the right to games, rest and leisure.
Article 32
The child has the right to protection from economic exploitation and hard work that harms or interferes with education and endangers the child's health.
Article 33
The child has the right to protection from illegal drug use.
Article 34
The child has the right to protection from all forms of sexual violence and use in prostitution and pornography.
Article 35
The theft, sale or trafficking of children must be suppressed.
Article 37
The child must not be subjected to torture or other cruelty, inhuman or degrading treatment or punishment. A child must not be unlawfully or arbitrarily deprived of his liberty. A child should not be punished with life imprisonment or the death penalty. Every child deprived of his liberty must be treated humanely and with respect. The child has the right to immediately receive legal assistance. A child in detention has the right to contact and meetings with his family.
Article 38
A child under 15 years of age should not be used for direct participation in armed conflicts. It is prohibited to recruit children of this age as soldiers to participate in armed conflicts.
Article 39
A child who is a victim of abuse, exploitation, neglect, torture, armed conflict or other inhumane treatment has the right to rehabilitation and adjustment to society.
Article 40
A child accused of a crime or convicted of punishable acts has the right to treatment that promotes a sense of respect both for himself and for the rights and fundamental freedoms of others.
Article 41
Convention rights do not apply if other national laws provide the child with better opportunities to exercise his or her rights.
Article 42
States , acceding to the Convention undertake the responsibility to disseminate information about the provisions and principles of the Convention among adults and children.
Articles 43 – 45
Regulations on the activities of countries that have acceded to the Convention in its implementation. The UN Observatory Committee monitors the reports of the countries participating in the Convention. UN bodies and voluntary organizations also have the right to participate in informing the UN.
Articles 46 – 54
Rules regarding the accession of states to the Convention and the timing of their entry into force. Reservations that are contrary to the purposes and purposes of the Convention cannot be permitted.
Parents have a whole series rights and responsibilities that they must implement in relation to their children. They are obliged not only to provide for the child materially, but also to take care of him physically, morally, as well as spiritually and mental development. All this is approved by the basic provisions prescribed in family law.
Responsibilities of parents to raise children
The rights and responsibilities of parents regarding the upbringing and education of children are regulated not only by domestic legislation, but also by the UN International Convention on the Rights of the Child.
Any person tries to convey to his child the simple truth that he must be responsible for his actions and actions. True, often even parents forget that they must bear their own responsibility for their own children, and deliberately shift personal responsibilities to teachers, educators or the children themselves.
Article 63 of the RF IC discusses the main responsibilities of parents that relate to the upbringing and educational processes. In accordance with the established provisions, parents are responsible for the upbringing of minors. Therefore, first it is necessary to clarify what the term “parental responsibility for upbringing” itself includes. This concept consists of several main points:
- Caring for the comprehensive development of the child, and in particular, in the spiritual, psychological and physical aspects. Parents undertake to provide the child with the opportunity to receive a general education, and all children are required to attend educational institutions;
- Protecting the interests of the child. Parents act as official representatives of the interests of their own child before the law. Therefore, when the need arises, they are obliged to defend his interests and protect his rights;
- Ensuring security. In accordance with this point, parents must provide the child with a safe environment for development and life, without using physical punishment and moral pressure as tools of control;
- Financial support for the child. Until the child reaches the age of majority (18 years), the parents are obliged to support him;
- Raising a child. In this category, special attention should be paid to the responsibility of parents for the behavior of their children, since their educational process will subsequently be reflected in the child’s behavior not only in the family, but also in society.
The Convention on the Rights of the Child, as well as internal regulations of Russian legislation, stipulate that the primary responsibility for raising children lies with the parents, and the interests of the child must come first for his father and mother.
If it is established that the duties of the parents are not fulfilled properly or that there is a violation of the rights of the child, then in this situation the responsibility of the parents may become legal. Almost every segment of the law has provisions that regulate the responsibility of parents to their children:
- Civil legal framework (Article 1073-1075 of the Civil Code of the Russian Federation);
- Administrative law (Article 5.35 of the Code of Administrative Offenses of the Russian Federation);
- Family law (Article 69, 73 of the RF IC);
- Criminal legislation (Article 156 of the Criminal Code of the Russian Federation).
The provisions and standards listed above provide for measures of parental responsibility for improper performance of personal responsibilities in relation to their own children.
The right of parents to educate their children
An important component of the educational process, as a result of which a child is formed as a person, is his receipt of general education. The responsibility of parents to ensure their children the right to receive a quality education is enshrined in the Constitution of the Russian Federation (clause 4 of article 43).
In accordance with paragraph 2 of Article 63 of the UK, a constitutional norm was legitimized regarding the current responsibilities of parents to ensure that their descendants receive a general education. In addition, it is assumed that education must necessarily ensure the formation in every child of an adequate picture of the world, which corresponds to the modern level of knowledge. This will help shape the child’s personality and provide modeling of a behavioral model that will be acceptable not only for the family, but also for society as a whole.
Education itself is directly aimed at achieving such main goals as:
- Personality development and the formation of normal child behavior in society;
- Development of personal talents and recognition of the child’s abilities;
- Instilling in a child the concept of respect for human rights and fundamental personal freedoms;
- Forming a respectful attitude towards the culture and traditions of not only your country, but also all countries of the world;
- Development of a normal respectful attitude towards basic legal norms;
- Preparing the child for a conscious life in terms of mutual equality and respect;
- Thrifty attitude towards nature.
General education is compulsory, and if parents fail to ensure the fulfillment of this right, then in accordance with current legislation they may be held liable. It is worth clarifying that parents have the right to choose educational program is considered unquestionable. Therefore, it is the parents who decide how their children will receive general education- in special educational institutions or at home.
Transferring a child to other relatives
The main responsibility of any parent is to ensure the educational and educational process for their own children. If for some reason the parents do not ensure the observance of the child’s rights, then they may be deprived of them, and the child will be transferred to the responsibility of close relatives who will act as guardians, foster families or the state.
According to the law, the transfer of a child to be raised by other relatives can only be carried out in relation to those children who were left without guardianship and trusteeship from their own parents. Often, this arises in situations where parents have been deprived of their existing parental rights, or for some reason are unable to fulfill their obligations towards the child.
The biological parents have the priority right to raise a child. And if they are deprived of this right, then the responsibility for raising and educating children can be assigned to their closest relatives, but only with their written consent and permission from the guardianship and trusteeship authorities.
If the child is currently being transferred to relatives for upbringing, then it is worth understanding that the fundamental rights and freedoms of the child do not disappear anywhere, and all responsibilities in relation to the minor will be transferred to his guardians.
Regarding the question material support, then when transferring the child to close relatives, they are responsible for the full provision and maintenance of the child. However, according to the law, guardians have the right to receive financial assistance from the state.
It is worth noting that the transfer of a child to another family cannot be done unilaterally. This is possible only at the request of the guardianship and trusteeship authorities, at the written request of the guardians and with the help of the courts. It is the court that will make the final decision and confirm the transfer of parental responsibilities to the guardian.
Convention on the Rights of the Child
The UN Convention on the Rights of the Child is a specialized legal document, which plays an international role and predetermines the rights of minor children, which must be guaranteed in the countries participating in the signing of the document. All UN countries except the United States took part in the document signing process. The UN Convention on the Rights of the Child is the basis normative act, which covers the full range of legal guarantees for minors.
The UN Convention on the Rights of the Child includes 54 articles that detail the individual freedoms and rights of all citizens, whose ages can range from birth to 18 years of age (the age of majority). various countries may be limited to different ages).
The UN Convention on the Rights of the Child, its first part, completely deciphers the concept of the word “child”, and also regulates the primacy of interests and basic rights and freedoms of children. The second part of the document, the UN Convention on the Rights of the Child, clarifies the features of the structure and functions of the Committee on the Rights of the Child, and also entrusts government bodies the task of implementing the decisions of this institution. The third part of the UN Convention on the Rights of the Child sets out ways to resolve various procedural legal problems by public authorities that arose in the process of applying the articles of this document.
The UN Convention on the Rights of the Child was drafted in accordance with basic democratic principles, including:
- Absence of any kind of discrimination. The UN Convention on the Rights of the Child prohibits neglect of a child based on various individual characteristics: nationality, language, religious preferences, ethnic origin and social status, health status, political views and personal preferences;
- Supremacy of interests. The UN Convention on the Rights of the Child regulates the observance of the interests of minors in the process of making any decisions that affect the lives of children;
- The highest quality of life, development and protection. Society and government agencies must guarantee minors the full realization of their physical, social and spiritual potential;
- Every possible participation in the life of the younger generation: parents, adult citizens and government authorities must constantly participate in making any decisions, as well as ensure that opinions are taken into account when deciding the future fate of young citizens.
The UN Convention on the Rights of the Child guarantees minors the opportunity to receive free basic education. To implement the goals of the document, government agencies of the participating countries must develop various types and levels of the educational system. The UN Convention on the Rights of the Child also includes articles on raising children in the family. The process of raising children must be controlled by parents or legal guardians, who must fully comply with all the requirements and interests of the child.
The international convention, which clarifies the basic rights and freedoms of children from the countries participating in the signing of the document, is an innovative solution to the problem of the full realization of the younger generation. Many of the rights in this document were introduced for the first time, therefore, compliance with the basic articles of the convention ensures the full development of the personal and physical qualities of children, worthy education of respect for society and the environment.
General compulsory education
In accordance with the main constitutional norms and basic legislative provisions, all citizens of Russia have the right to receive general education. This right applies to everyone childhood, and must be provided by the child's parents.
In accordance with the Law “On Education in the Russian Federation,” primary, basic and secondary education is considered compulsory. Thus, in accordance with this standard, all children are required to go to school and receive a general education, and their parents are obligated to monitor the implementation of this right.
At the same time, the law provides that it is parents who have the right to decide how their children will receive the basics of education. According to the decision of the parents, the child can receive education at home or in public or private educational institutions. It is worth noting that home schooling must be agreed upon with the guardianship authorities so that no difficulties arise in the future.
UN Convention on the Rights of the Child- an international legal document defining the rights of children in member states. The Convention on the Rights of the Child is the first and main international legal document of a binding nature, dedicated to a wide range of rights of the child. The document consists of 54 articles detailing the individual rights of persons from birth to 18 years of age (unless the age of majority is reached under applicable laws) to the full development of their capabilities in an environment free from hunger and want, cruelty, exploitation and other forms of abuse. The parties to the Convention on the Rights of the Child are the Holy See, Palestine and all UN member countries except the United States.
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History of creation
On the 20th anniversary of the adoption of the Declaration of the Rights of the Child, the UN declared 1979 the International Year of the Child. To commemorate this, a number of legal initiatives were put forward, including a proposal made in 1978 by Poland to consider a draft Convention on the Rights of the Child at the UN Human Rights Commission. The author of the original project was the Polish professor of international relations A. Lopatka. Work on the text of the draft Convention took ten years and was completed in 1989, exactly thirty years after the adoption of the Declaration of the Rights of the Child.
During the work on the Convention and after its adoption by the General Assembly, meetings were organized with the participation of UN organizations, bodies and specialized agencies in order to attract attention and disseminate information about the Convention, which has global significance for the implementation of human rights - the rights of children. The Convention was adopted by resolution 44/25 of the UN General Assembly on November 20, 1989, and the signing of the Convention began on January 26, 1990. The Convention entered into force on September 2, 1990, after being ratified by twenty states. At the Vienna Conference on Human Rights in 1993, it was decided that the Convention would become universal for all States by 1995.
Article 43, paragraph 2, of the Convention was amended in 1995 and entered into force in 2002.
In 1996, on the initiative of France, the day the UN General Assembly adopted the text of the Convention, it was decided to celebrate November 20 annually as Children's Rights Day.
In 2000, two optional protocols to the convention were adopted and entered into force in 2002 - on the participation of children in armed conflict (161 participating countries as of October 2015) and on the sale of children, child prostitution and child pornography (171 participating countries as of October 2015).
In December 2011, the UN General Assembly adopted the third optional protocol, which was opened for signature in 2012 and entered into force in 2014, reaching the number of ten participating countries. The Protocol provides for the possibility of consideration by the Committee on the Rights of the Child of complaints of violations of the Convention against countries party to the Protocol. As of September 2016, 28 countries participate in the third protocol.
Basic provisions
First part
- Articles 1-4 define the concept of “child”, affirm the primacy of the interests of children and the obligation of states parties to take measures to ensure that the rights enshrined in the Convention are free from discrimination.
- Articles 5-11 define the list of rights to life, name, citizenship, the right to know one's parents, the right to parental care and non-separation, the rights and responsibilities of parents in relation to children.
- Articles 12-17 set out the rights of children to express their views, their opinions, to freedom of thought, conscience and religion, association and peaceful assembly, and the child’s access to the dissemination of information.
- Articles 18-27 define the duties of the state to assist parents and legal guardians, and to protect children from abuse by those caring for them, the rights of children deprived of a family environment or adopted, mentally or physically disabled, refugees, children's rights to health care , social security and the standard of living necessary for their development.
- Articles 28-31 establish children's rights to education, use of their native language and culture, practice of their religion, rest and leisure.
- Articles 32-36 establish the responsibility of the state in protecting the rights of children from exploitation, illegal drug use, seduction, abduction and trafficking of children.
- Articles 37-41 prohibit the use of the death penalty and life imprisonment without the possibility of release for crimes committed before the age of 18, prohibit torture and humiliating punishment of children, define the rights of a child when accused of criminal acts or imprisonment, as well as the rights of children to protection during armed conflicts and wars. States undertake to take measures for the rehabilitation and social reintegration of child victims of neglect, exploitation or abuse, and reserve the right to protect the rights of the child to a greater extent. high degree, which is provided for by the Convention.
Second part
- Articles 42-45 introduce the Committee on the Rights of the Child, its structure, functions, rights and responsibilities, and oblige states to inform children and adults about the principles and provisions of the Convention.
Third part
- Articles 46-54 indicate the solution to procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signature by all states, so the Holy See, which is not a UN member, was able to become a party to it.
The innovation of the Convention lies primarily in the scope of rights defined for the child. Some of the rights were first recorded in the Convention [ ] .
About the right to education
The Convention in Article 28 guarantees to children free and compulsory primary education and requires UN member states to encourage the development of various forms of secondary education, both general and vocational, to ensure its accessibility for all children and to take the necessary measures, such as the introduction of free education.
About raising children
An integral part of education is upbringing. Thus, among the objectives of family education, the Convention (Article 18) requires that “every possible effort be made to ensure recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. Parents or, where appropriate, legal guardians have primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.”
Article 20 defines the tasks of public education of children (care for them) who have lost their parents. “Such care may include, but is not limited to, foster care, adoption or, if appropriate, placement in appropriate child care facilities. When considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and the child's ethnic origin, religious and cultural affiliation and native language.”
Article 21 of the Convention defines the rights of a child in intercountry adoption: “intercountry adoption may be considered as an alternative means of caring for a child if the child cannot be placed in foster care or placement with a family that could provide care or adoption, and if it is not possible to provide any suitable care in the child’s country of origin.”
Article 29 of this document is fundamental in ensuring the rights of children to education. In practice, it regulates the priorities of the goals of public education for the participating countries:
- development of the child’s personality, talents, mental and physical abilities to their fullest extent;
- fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations;
- fostering respect for the child’s parents, his cultural identity, language and values, for the national values of the country in which the child lives, his country of origin and for civilizations other than his own;
- preparing the child for conscious life in a free society in the spirit of understanding, peace, tolerance, equality of men and women and friendship between all peoples, ethnic, national and religious groups, as well as indigenous people;
- fostering respect for the natural environment.
