The rights of the child in Russia are protected by law. Due to the many cases when children became victims of social injustice or rude treatment, the position of the Commissioner for the Rights of the Child was created in our country. The activities of this specialist are complex and extensive. Our material will detail what the specifics of the children's ombudsman are.
The situation of the child in Russia
Every Russian in our country is guaranteed all the necessary freedoms and rights. The law acts as their guarantees, as well as control over the execution of the law by the authorities.
Everyone in Russia has rights from birth. It is the age period up to 18 years that should be the most protected. A personality is being formed, and for this it must be supported in every way. But how? Russia relies on the norms of international law, and therefore the international Declaration of the Rights of the Child will be the fundamental source governing children's freedoms.
Children's rights in Russia
Everyone has a set of personal, socio-economic, political and spiritual rights. Children are persons under the age of majority. Such persons have the same rights as adults, with the exception of political rights. Much attention should be paid to the personal rights of the child. This is the purpose of the Commissioner for Children's Rights in Russia - to protect the personal freedoms and interests of children.
So, what rights does a Russian minor have? It is worth highlighting the most basic ones described in the Declaration of the Rights of the Child:
- The right to a family. A child cannot be removed from his family, unless the parents violate his legal rights.
- The right to life, health and protection.
- The right to own opinion. In Russia, children over the age of 10 can make decisions regarding the actions of guardianship authorities (for example, which parent to stay with in a divorce).
- The right to communicate. A child has the right to contact with both parents, unless otherwise prohibited by the court.
- The right to a name, surname and patronymic.
All these norms are contained in the international Declaration on the Rights of the Child. They are duplicated in the Family Code of the Russian Federation. The protection of the rights of the child in the Russian Federation is implemented by guardianship authorities, the judicial system and the prosecutor's office. In 2009, a federal children's ombudsman was added to this list. The activities of the Commissioner for Children's Rights will be described in detail below. First of all, general information will be considered, as well as its immediate responsibilities and tasks.
Commissioner for the Rights of the Child
The activities of the Children's Ombudsman (he is also the Commissioner for Children's Rights) is aimed at protecting the interests and rights of children in any public sphere. The post was introduced in 2009 by decree of the President. For several years, the children's ombudsman was Pavel Astakhov, but after the scandal in 2016, he left the post on his own initiative. Anna Kuznetsova was appointed to the post, which will be discussed later.
The activities of the Commissioner for the Rights of the Child are not the only ones in this area. The Ombudsman is only the head of the system, in this case juvenile. He manages a broad structure related to motherhood, childhood, the protection of the rights of minors, etc.
Necessary qualities of the Children's Ombudsman
The activities of the Commissioner for the Rights of the Child in the Russian Federation can only be realized by a deeply moral and very competent person. But morality alone is not enough.The children's ombudsman is presented with a number of requirements prescribed by law. Here are the highlights:
- the presence of citizenship of the Russian Federation;
- age not less than 30 years;
- the presence of a diploma of higher legal education;
- the availability of pedagogical skills and long experience working with children (five years minimum);
- a pure reputation and an immaculate past;
- neutrality in relation to party interests (the priority of the children's ombudsman should be to protect the rights of children, and not the direction of politics);
- work in one position or combination with a position that does not contradict the work of the children's ombudsman.
So, a considerable number of demands have been made to the post of commissioner for children's rights. But do not forget about the guarantees presented to the specialist. This is the opportunity to change their own apparatus, immunity, witness immunity, legal liability, covering most material needs and much more.
Tasks of the Children's Ombudsman
In short, the activities of the Ombudsman for Children are closely related to juvenile law. The following points are in the list of priority tasks of the children's ombudsman:
- oversight of compliance with international and domestic laws regarding the rights of minors;
- Providing recommendations to regional authorities on how to troubleshoot or threaten infringement of children's rights;
- generalization of information received and study of practice in order to identify ways to eliminate the causes of violence against children or infringement of their rights.
Thus, the activities of the children's ombudsman involve a huge number of duties and tasks.
Opportunities for the Children's Ombudsman
In certain situations, the activities of the Commissioner for Children's Rights may include a request for necessary information from the competent authorities. In addition, the children's ombudsman can visit enterprises and organizations whose activities are related to minors, as well as demand explanations and reports from officials.
The activities of the Commissioner for the Rights of the Child in Moscow are called federal. Today, the federal children's ombudsman is Anna Kuznetsova. In cases where an emergency is introduced in the country, it has the right to universal access to state information related to the well-being of minors.
The specifics of the activities of the Children's Ombudsman
The tasks of the specialist in question are clear, but, unfortunately, do not give a complete picture of the specifics of his work. How is the activity of the Commissioner for the Rights of the Child organized in the Russian Federation?
It’s worth starting with interaction with local structures. It is known that the federal ombudsman controls the activities of regional commissioners. At the same time, citizens from different parts of the country can turn to regional staff for help. Local managers often have no idea what to do in a given situation. In this case, they submit an application to the federal representative.
A significant role in the work of the Children's Ombudsman is played by interaction with international authorities. These are the UN Committee, The Hague Court, the ECHR and many others. Everything related to the protection of children's rights at the interstate level is carried out through the federal ombudsman.
Activities of regional children's ombudsmen
Having examined the example of the activities of the Commissioner for Children's Rights at the federal level, a little attention should be paid to the regional ombudsmen. Back in 1998, the Ministry of Labor proposed a project according to which the post of children's commissioner was formed in Russian regions. At that time, the procedure was implemented with the assistance of UNICEF. All posts appeared gradually in different parts of the country. A little later, the position was approved at the municipal level.
The legal status of regional ombudsmen has only recently become equivalent. Each representative belonged to the executive system, and was appointed to the post by the head of the local administration. In 2011 there were changes. Each Ombudsman has received parliamentary status. Thanks to this, the effectiveness of their work increased.
It should be noted right away that the identification of violations related to the rights of minors is not the direction of the Commissioner for Children's Rights. This is done by the police, prosecutors and other law enforcement agencies. The goal of children's ombudsmen in the regions is to ensure the preservation of the interests of children.
Tasks of the Regional Ombudsmen
For a better understanding of what the Commissioners for the Rights of the Child do in the field, several tasks and legal capacities of these individuals should be identified. Here are just a few of the features:
- analysis of the state of affairs in the field of protection of freedoms and rights of minors;
- work on the analysis, study and drafting of amendments to normative acts related to the protection of children's rights;
- assistance in restoring infringed children's interests;
- filing applications with the court with a request to institute liability in relation to persons guilty of violation of the rights of minors;
- ensuring the safety of interests, freedoms and guarantees of minors.
The activities of subject ombudsmen are significantly different from the work of law enforcement agencies. Thus, the prosecutor's office should monitor the proper implementation of the law, as well as coordinate the activities of law enforcement agencies. The Ombudsman for Children does not seek a problem, but deals directly with its solution. He identifies effective methods of combating injustice, makes these or those cases public, consults with the central committee or international authorities. Thus, there are an incredible amount of activities of the Commissioner for the Rights of the Child.
Appeal to the Children's Ombudsman
Any citizen of the Russian Federation has the right to turn to him with a request. How to draw up and submit an application to the Commissioner for the Rights of the Child in the Moscow Region? The activities of the regional ombudsmen are very different from the functions of the ombudsman under the president, and therefore the statement should be made especially carefully. It is difficult to find information on the filling form, because the necessary legal forms cannot be found in the legislation.
It is known that both a parent and a guardian can apply. Moreover, the fact of submitting an application does not mean that the document will be considered. The problem described on paper must be truly critical, otherwise the application will be transferred to another authority. In addition, it should be borne in mind that Moscow and the Moscow region are the federal center, and the main children's ombudsman works here.
So how do you make a statement? To get started, you should contact the nearest committee to protect children's rights. At the beginning, essential data are indicated: names, surnames, place of residence, contacts, etc. Then there is a direct statement of the problem. Several problems were suggested on paper: for example, violence, the death of a child, infringement of the right to education, restriction of the right to freedom, and much more. You can select any item or specify your own.
Anna Kuznetsova
Having examined the basic information on the activities of the Commissioner for the Rights of the Child, attention should be paid to the current Children's Ombudsman. This is Anna Yuryevna Kuznetsova, a Russian public figure and human rights activist. She received her position in September 2016, replacing Pavel Astakhov.
By profession Kuznetsova psychologist. Since 2008, she has been associated with the public organizations Blagovest, Pokrov and Life is a Sacred Gift.Kuznetsova took up the post of children's ombudsman not so long ago, and therefore has not distinguished herself by anything special. It is only known that Anna Yuryevna is kind to the Orthodox Church, sharply condemns abortion and criticizes the juvenile justice system.
Early dismissal of the Children's Ombudsman
Pavel Alekseevich Astakhov was dismissed from the post of children's ombudsman after a public outcry. Astakhov allowed himself a careless statement about the children who survived the 2016 disaster. His words were criticized, after which Pavel Alekseevich was forced to resign. But what should be the conditions for the external dismissal of the children's ombudsman? All norms are spelled out in the presidential decree:
- non-performance or incorrect performance of their duties;
- recognition of a person as legally incompetent;
- loss of Russian citizenship or acquisition of foreign citizenship;
- loss of ability to fulfill one's job obligations;
- committing an immoral act;
- disappearance or death of a child ombudsman.
Thus, there are plenty of reasons for dismissal of the authorized person.
Criticism of the post
The position of the Commissioner for Children's Rights is not spelled out in any law. This is its main drawback. A presidential decree alone is not enough to organize an extensive and effective network of bodies dealing with children's rights.
Everything is complicated with regional ombudsmen. They are often criticized for supporting government initiatives aimed at infringing on the rights of minors. For example, children may be restricted in social, economic, or even political freedoms. It is known that a child has the right to his own opinion and participation in peaceful meetings. Today, authorities completely protect children from politics, which may not be entirely true. Finally, the system of protection and support of children's rights is not built in the most accurate way. By many experts, it is recognized as extremely ineffective and even useless.