According to the declaration of the rights of the child, the release date of which is 1959, each of the children is endowed with a list of certain rights. Why are we raising this issue now? Violation of children's rights in the modern world is a very, very relevant topic. On the sad and sometimes terrible cases of the treatment of adults with children, we continually receive information from all sides - from newspapers, the Internet, turning on the TV. And this is not only about third world countries - in any "civilized" state, unfair and often tragic things are happening with children. Unfortunately, our country is far from an exception.
Neither mentally nor physically a minor child can in any way relate to mature intelligent people. He needs comprehensive care and protection. The obligation to respect his rights within the family rests with the parents. The entire list of their people gets directly on the fact of birth, and violation of the rights of the child in the world is fraught with responsibility, defined by the legislation of any country.
What rights are we talking about?
The main ones include the right to live and be brought up in one’s own family, have a surname, first name, middle name, communicate with relatives, and freely express one’s own opinion. A minor has the right to protection and material security. Keeping a child is the responsibility of either parent. His duty is to give his son or daughter a general education.
The responsibility of parents provided for the behavior of a minor includes his possible illegal actions. Thus, it makes sense for each of the parents to take care of establishing normal trusting relationships with their own child, allowing them to properly educate and shape him as a person.
Adult Responsibilities
The situation prevailing in the family depends entirely on its adult members - parents. In normal families, it goes without saying that dad and mom are interested in children's life, participate in growing up the baby, and accept his friends. Free time that a parent can devote to his son or daughter is a necessary component of what each of us must give to our child.
Caring for the baby during his growing up, of course, is implied by itself. It is not only about normal nutrition, providing clothing and necessary accessories. It is up to the parents to communicate with the baby and participate in solving its problems.
The most important thing that all fathers and mothers must clearly understand: the presence of any violence (neither physical nor psychological) in relation to a minor is unacceptable. This is a direct violation of the rights of the child. And therefore, any parent will have to stock up a considerable share of patience and clear ideas about what depends on him and only on him how the daughter or son will grow up and how he will enter adulthood.
Rights of the child in detail
Child protection is the direct responsibility of every parent. In our country, several legislative documents relating to different levels are devoted to this topic. The main ones are the Constitution of the Russian Federation and the UN Convention on the Rights of the Child. In addition, there are a number of federal laws and state codes. Regarding the framework of family and social relations, children's rights are described in more detail on the pages of the Family Code, as well as in Federal Law No. 124 "On Basic Guarantees of the Rights of the Child in the Russian Federation."
The legislation fixes that the concept of "child" means a citizen who has not reached the age of 18 years.And further we will touch upon those rights that are given to minors in more detail.
The right to live and be raised in the family
The 54th article of the Civil Code of the Russian Federation confirms the right of all minor citizens to live in the family circle with appropriate upbringing. A direct conclusion from this provision: the normal majority of cases include the residence of a minor citizen with their own parents under guardianship and necessary care. As an exception, we can consider only cases when the implementation of such a condition leads to a violation of children's interests or poses a threat to the health and life of the child.
In the absence of parents or their deprivation of this status (due to a number of reasons), a minor enjoys the right to live with education either in a special institution or in a foster family. The last option is a priority. The orphanage as a child’s habitat is considered the last place - in the absence of alternative solutions.
The right to F.I.O.
Having a documented surname, name and patronymic also applies to the rights of the child. According to the law, parents choose a name for him, and the surname corresponds to that of any of them. The child is given patronymic according to the name of the father. Options related to the traditions of different regions are possible.
If, however, agreement is not reached with the determination of the F. I. O. of the newborn, the parents are entitled to guardianship. When the official father is absent, the mother is responsible for choosing the name of the baby; she also gives the child her own surname. It is possible to change the child’s full name in agreement with the parents after he reaches the age of fourteen.
The right to family relationship
Every child has the right to communicate with relatives. This moment is specifically noted in the same 54th article of the Family Code. If the mother and father live separately, the child has the same right to communicate with each of them. You can not limit it in interaction with other relatives. A minor may contact his parents even while in custody by a court decision.
The right to have and express one’s own opinion
In this case, the violation of the rights of the child is regulated by Article 57 of the UK. A minor may speak freely on all matters affecting his interests. The form of expression of one’s own opinion is not important. In the event of a trial, the representative of the law is obliged to listen to the child and take into account his wishes.
His position is taken into account by law upon reaching the age of 10 years. This applies to issues of replacing a surname, first name, patronymic, restoration of parents in their rights, appointment of a guardian or during the adoption procedure, as well as other legal issues.
The right to be protected
The need for mandatory protection of children's interests is reflected in the 56th article of the RF IC. Speaking about the family circle, it is understood that the role of such advocates is played by parents or guardians. The duty of absolutely any person who has received information about infringement of the interests or rights of the child (not to mention the threat to health and life) is to notify the relevant authorities. Most often, teachers, medical staff and all others who have constant contact with children by occupation are engaged in this.
The minor also has the opportunity of independent appeal to the guardianship authorities in order to protect and obtain the necessary information. Having reached the age of 14, the child has the right to file a judicial application.
The right to income and material security
The child may have personal income, which he has the opportunity to use. He has the means necessary for normal functioning. It is about clothes, food, a set of necessary material values, without which normal life, growth and education are impossible.
The 80th article of the RF IC assigns the maintenance of a child to his parents.If the family broke up, and one of the parents had to pay child support, they should be spent purposefully on ensuring children's interests. The same applies to all types of pensions and social benefits, the rights to which in children arise in some cases.
By law, a minor’s own income includes money and other values earned by him, inherited or received as a gift. Children's rights extend to family property, but parents cannot legally dispose of children's things. Mutual use of the common property of senior and younger family members is possible only by mutual agreement.
Legal liability
What responsibility for violation of children's rights is enshrined in the Russian Federation by law? Its degree depends on the gravity of the offense and may consist of a warning, a fine or arrest. These measures are applied in case of violation of children's rights in terms of upbringing, maintenance, protection of interests or restrictions in communication.
For what violations of the rights of the child does the Penal Code punish? His articles address more serious situations regarding the involvement of a child by an adult in criminal activity. And the term will be even more extended when it comes to the parent or teacher of a minor. Similar measures are envisaged for involving children in the use of alcohol or drugs, and a lifestyle associated with begging and vagrancy.
Article 156 of the Criminal Code prescribes punishment in the form of imprisonment of up to 3 years in case of abuse of parents with children. The same applies to educators and other adults related to children.
Examples of child rights violations
So, so far we have been talking about what is so clear - a minor can be called exactly the same full member of society, like any adult. At the same time, the child is often in a disadvantaged position due to the fact that he is often unable to report a violation of their rights to the necessary authorities, and even adolescents who have at least some minimum legal information are often not well aware of their rights or they just don’t know where to turn.
In addition, in most cases, children are afraid of punishment from adults. As a result, examples of violations of the rights of the child in our country (and not only in ours) are growing and multiplying.
How are the rights of the child violated most often? Such situations are a dime a dozen, and they arise in life, sadly, with enviable regularity. Oddly enough, parents violating the rights of the child make up their lion's share. Punishment for most of the offenses of the kids are in almost any family. But this is not so bad. Many children are forced to endure insults, direct aggression from adults or even beatings.
In a certain type of family, parents take such an attitude for granted and classify it as parenting. But in fact, this behavior is the clearest example of violence against a defenseless child. The worst thing is that the lion's share of all violations of children's rights occurs precisely in the family, which, it would seem, should become a bulwark of security and reliable protection for any baby.
Not only in marginal, but also in apparently prosperous cells of society, their adult members often do not think that there is a real infringement of the child's personality. And at this time, the children are suffering and can not in any way affect the situation. The reason for such adult behavior is that people who grew up in their own family in an atmosphere of insults and violence do not even assume the presence of any other, more humane style of communication.
Problems and consequences
At the same time, any father or mother, having seen a violation of the rights and interests of the child in an educational institution (at school, kindergarten), will stand up for his defense on his chest.Educators and teachers will be sanctioned for any aggressive actions, sometimes even for a raised tone of voice, not to mention attempts at corporal punishment.
Meanwhile, moments of physical violence affect children in the most negative way. Such a violation of the rights of the child is fraught with deterioration in physical health up to the development of serious diseases. But the psychological impact is even worse, which leads to a distortion of the personality and the formation in the growing person of incorrect and unfair ideas about the world and its relations.
Such children are always with reduced self-esteem, withdrawn, feel insecure and enter adulthood completely unprepared to build normal relationships with others. In addition to aggressive behavior, some adults suffer from other ways - sometimes a child is illegally restricted in his freedom, sometimes his personal belongings are broken and spoiled, and food and even water are punished as a punishment. There is also a violation of the rights of the child to education in its various forms. And sometimes behind the closed doors of apartments and houses truly terrible things happen.
Violation of the rights of the child - what can be done?
Everyone has the right to apply for their own protection to the appropriate authorities. But only a few file a complaint about the violation of the rights of the child, and more often than not, impunity in the family continues to flourish. This is due to universal legal illiteracy, when information about the rights of children is served in very scanty portions or completely hushed up.
In most cases, data on violence occurring in families (physical or psychological in nature) fall into the field of view of law enforcement agencies by chance - when flagrant cases of violation of the rights of a child are detected. Most often, teachers and social workers, less often neighbors or friends of children, signal what is happening in troubled families.
When the information nevertheless comes out, it is sometimes very, very difficult to prove a violation of the rights of the child in the family - unless it is an open aggression with beatings and injuries. In such cases, administrative or criminal measures are taken quite quickly, which improves the life of a particular child.
Adults! Do not be indifferent to those who live near you! If you have any information about the violence happening next to you - do not pass by indifferently! Remember that there are no strangers' children, and your own child could be in the place of the kid who is now offended by cruel adults.
If you happen to witness child abuse by adults, do not try to isolate yourself from the situation. The duty of any of us is in such cases to report as soon as possible what we saw to the guardianship authorities or law enforcement agencies. Tomorrow may be late!