The theory of legal science says that all people, regardless of age, origin, race and nationality, have the same rights and obligations. This means that, in fact, when we hear the phrase “the rights and duties of the child,” we do not mean something separate from universal human rights.
Equal rights for all children
The level of protection of human rights in different countries is significantly different. The same can be said about respect for children's rights. The rights and obligations of the child of the Russian Federation are protected by law today. But not always. As you know, the level of democracy in a country is determined by the level of protection of people. The rights and obligations of parents and children in democratic countries (USA, UK, Canada, Germany and other European states) are realized and respected. Yes, we are talking about rights and obligations as a single whole. There must be order in society. It can be ensured only when people fulfill all the duties assigned to them by the state and the moral of the society. In case of non-fulfillment of obligations by groups of people, there is a risk of non-observance of human rights.
Legislation on the rights and obligations of the child
The main regulatory act that establishes the legal basis of relations in the family, as well as the attitude to children in the family, is the Family Code of the Russian Federation. In separate sections of the code, the rights of children, the rights and obligations of parents, and the issues of material support for children in case of divorce are considered and specified. Considerable attention is also paid to resolving contentious issues of paternity. Every child must live in a family and have parents!
Parenting
As already emphasized, the personal rights and obligations of the child are guaranteed by the Family Code. According to article 54 of the RF IC, every child has the right to live and be raised in a family. The norms of this article establish that he must know his parents. The educational function of the family is ensured through the cohabitation of parents and children through the constant care of the father and mother about them. If the family does not have sufficient educational potential, the law allows the deprivation of parental rights. Typically, children are removed from families where adults abuse alcohol, drugs, or display elements of violence against children. Also, social services often deprive parents of those citizens who are not able to provide an acceptable state of housing, including sanitary.
In Soviet times, children deprived of parental care had one fate - a boarding school. Family forms of upbringing are popular today - custody, foster care, or a family-type orphanage.
The right of the child to communicate with parents and other relatives
Article 55 of the RF IC stipulates that a child has the right to communicate with his parents and other relatives on the paternal and maternal side. Everything seems to be quite logical and understandable. Some people may say that this norm does not need to be legislated.
But often the rights and obligations of minor children are not respected in specific cases. For example, when a mother and father get divorced, the child does not always have communication with one of the parents. A certain opinion is imposed on him about the events taking place in the family and about the culprits of these events.The legislation protects the rights and obligations of the child, so the father, in the event of a mother or her relatives obstructing communication with the child, can defend his interests in court.
The fundamental rights and obligations of the child must be protected.
Violations of human rights in our country, unfortunately, are common. For example, sometimes there are moments of violence in families. There are cases when a father or stepfather against the desire of his daughter (stepdaughter) enters into sexual intercourse with her. The rights of children are often violated by state bodies.
According to article 56 of the RF IC, every child has the right to protect his interests. What are these interests? Yes, the most diverse. Chatting with friends, visiting circles, harmonious development in a family environment, getting complete and quick medical care, getting an education (visiting a kindergarten or school) and much more. Protecting the interests of children is the responsibility of parents.
Also, children who are recognized as capable before reaching adulthood, can independently protect their interests. They have every right to even oppose their parents if they behave inappropriately towards them.
Young children will also not be left without protection. If parents do not fulfill their duties and it is better for the child not to live in a biological family, then the guardianship authorities can always carry out the necessary work.
Each child can express their own opinion.
A child is always entitled to have his own opinion on any matter that concerns him. In the family, many questions concern children, and each of them is a full member of the family. Moreover, the opinion of the child is not only taken into account, but in some cases is recorded legally.
The most striking example is the sale of a family apartment. As you know, a certain amount of square meters is assigned to a child in housing. In order for the transaction to take place, there must be permission guardianship authority. These structures should monitor children's interests. Before the child is 10 years old, social services make their own decisions. But after reaching this age, even these services are required to take into account the views of the child, who may not agree to sell the apartment. In this case, parents will have to negotiate with the child, offering him some better options.
Each child must have a surname, name and patronymic
The RF IC in article 58 considers the personal rights and obligations of children. It says that a child can only be registered with a surname, name and patronymic. By law, the name of the child is chosen by the parents. They must come to a common agreement on this issue.
The definition of the middle name of the child has its own characteristics. If a person is born in an ordinary complete family, then the middle name is given by the name of the father. For example, my father’s name is Alex. So, the child will have a middle name Alekseevich or Alekseevna. But in our country now many people live in a civil marriage, often converge, diverge. Many women are classified as single mothers. In such cases, the father may be recorded on the birth certificate according to the mother. Practice shows that in such cases the name of the biological father does not always coincide with the patronymic of the child.
The surname is given to the person by the name of the parents. If they are different, then adults must decide for themselves what name to register their baby.
What rights do children have in the property sphere?
The main property right of a child is to receive material support from parents. This is natural, because in the first years of one’s own life no one can physically earn money to support themselves. Yes, and for work, some skills are needed ... Parents are required to support the child until they reach the age of 18. What is meant? The content is the provision of quality food, the regular purchase of things, the good atmosphere in the children's room.If the parents divorced, then the child has the right to alimony from the one with whom he does not live, because the responsibilities for its maintenance lie with both the mother and the father.
Children do not have title to the property of their parents, for example, to the apartment in which they live. Legally, the ability to live in the same apartment with parents is considered a right to use. The property of parents passes into the ownership of children by right of succession.
Children may also have property. What can be included in it? For example, own income. When a child is already 14-15 years old, he can easily find part-time jobs in his spare time from training. Parents do not have the right to control the spending of this money. In addition, a child can buy their own things. Property inherited or under a deed of gift is also considered private property of a minor or minor.
The responsibilities of children and their differences from those of adults
As you know, adult responsibilities are regulated by law. This is the need to pay taxes to the budget, the obligation to protect the homeland (to serve in the army), to respect state symbols. If we talk about the rights and obligations of children briefly, the first of them are regulated by law, but the second is mainly regulated by moral standards.
The main thing that society requires of children is to learn. Secondary education in our country is mandatory for everyone. In fact, the school is the main "place of work" for children aged 6 to 16-17 years. Then a person can choose whether to study or not. Education may end with a school certificate, but often most children continue to study at vocational schools, technical schools or institutes.
According to teachers, parents should be obligated to children of the senior group of kindergarten, primary school age certain housework. Those parents who do not consider it necessary to burden their children with homework are mistaken, because only with the help of labor can a person be obligated and responsible.
Conclusion
The basic rights and obligations of the child are a symbiosis of the system of deterrence and balances. Children have many rights, but must fulfill their responsibilities. After all, it is clear that the failure of many people to fulfill their obligations to others or the state can lead to a conflict of social groups. The obligations of children in family law should also be regulated by law!
