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Protecting the rights of children. Committee for the Protection of the Rights of the Child. International Child Rights Protection

In the process of growth, the child enters into a variety of relationships with people around him. They, in turn, belong to different social groups. The development goal is the formation of the child as a person. He must become part of the world in which he abides and acts. protecting the rights of children

First relationship

The family is the first space in which the child has been since his birth. The first relationships he enters into are interactions with his father and mother, sisters and brothers. For the child, they act as the foundation, the center of all other social ties, which he will form and establish subsequently.

Child rights

From his very birth, man has been taken under state protection. At any age he is a member of society. The child has the right:

  • Have a surname, middle name and first name.
  • To be brought up and live in a family.
  • Communicate with relatives and parents.
  • Change last name and first name.
  • Own property.
  • Protect your own rights.
  • Get medical attention.
  • Express your own opinion.
  • Receive education and so on.

In modern society, unfortunately, they are often violated by both the state and parents. Next, we consider how to protect the rights and interests of children. child rights protection

Key Points

Protection the rights of minor children regulated by applicable laws. The main one is the Constitution. The Law on the Protection of the Rights of the Child contains provisions to protect it from parental abuse. This mainly ensures the responsibility of the persons on whose dependency he is, protects against abuse. In case of abuse, the child has the right to apply to the guardianship and guardianship authority, and from the age of 14 - to the court.

Parents and other citizens

The protection of the rights of the child is carried out primarily by his father and mother. However, in society there are situations when these functions are assigned to the guardianship and guardianship authorities. This is possible if contradictions between the interests of children and parents are established, if the latter are deprived of their rights, are of limited legal capacity due to alcohol abuse. Social protection of children's rights is provided by officials and other citizens. If they become aware of a probable threat to their health, life, infringement of their freedoms, and facts of ill-treatment of a minor, they are obliged to inform the authority of guardianship and guardianship about this. Upon receipt of this information, the latter must take measures to eliminate these phenomena. protection of the rights of minor children

Criminal liability

The protection of the rights of the child in the family is under the control of the Criminal Code. In Art. 156, in particular, full criminal liability is established for evading the upbringing duties if this act is accompanied by ill-treatment of a minor. The latter can be expressed in failure to provide food, systematic humiliation, beating, bullying, locking for a long time alone in the room. Protection of the rights of children is entrusted to the guardianship and trusteeship at the district administrations, the inspection of the PDN at the District Department of Internal Affairs, the prosecutor's office (in particular, the assistant prosecutor authorized to carry out this activity), the KDN.

In case of non-fulfillment or improper fulfillment of duties related to the upbringing, the parent and the other person to whom they are assigned, as well as the teacher and other employee of the educational medical, educational and other institution that should exercise supervision, if these actions are accompanied by ill-treatment, liability is provided . In particular, a fine of 50 to 10 minimum wages may be imposed, freedom may be limited for a period of up to 2 years with the deprivation of the ability to hold a particular position or perform certain activities for three years or without it.Maltreatment, including mental and physical abuse, attempt on sexual integrity minors act as the basis for the deprivation of parental rights. This provision is established in Art. 69 of the Family Code.

The work of the prosecutor

Protection of the rights of children is carried out by guardianship and guardianship authorities, as well as law enforcement agencies. The latter should include the prosecutor's office and the police department. The rights of children are protected by the prosecutor in the following ways:

  • By filing a claim for the deprivation of the mother and (or) the father of parental rights or their restriction, as well as cancellation of adoption.
  • Direct participation in the lawsuit for the protection of children's rights.
  • By making warnings about the inadmissibility of violation of the freedoms of the minor and ideas about their elimination.
  • Submission to the authority of guardianship and guardianship, the court of applications demanding the restoration or recognition of the disputed or infringed right of the child.
  • The protest of acts of administrative bodies that perform the task of preserving the freedoms of the minor.

international protection of children's rights

ATS activities

VD authorities participate in the enforcement of decisions regarding the search for persons who evade the execution of court orders related to raising children. The tasks of the police officers also include individual preventive work with parents who do not or improperly fulfill their duties in training, education, and maintenance of minors. Officials are involved in the discovery of violations and infringements of the freedoms of the child in the family. If necessary, employees prepare cases for limitation and deprivation of parental rights.

KDN

Protection children's rights in the Russian Federation also provided by a special Commission. Her responsibilities include:

  • Filing a lawsuit against a limitation or deprivation of parental rights.
  • Taking measures to restore and protect the interests of children, identifying and eliminating the conditions and causes that contribute to their homelessness and neglect.
  • Preparation of information provided to the judicial authority on issues related to ensuring the freedoms of minors.
  • If necessary, the organization of control over the conditions of detention, education and training of minors.

Guardianship authorities

Their tasks include identifying children who are left without parents, keep their records. In accordance with the specific circumstances of the loss of guardianship of the mother or father, these bodies choose the form of placement of minors. Along with this, they further monitor the conditions of their education, maintenance and upbringing. In addition, the guardianship and trusteeship bodies:

  • Act as defendants in cases of the abolition of restrictions, restoration of parental rights.
  • Claims for the removal of a mother or father from the upbringing, training, or maintenance of dependents.
  • They give conclusions regarding the cancellation or establishment of adoption, disputes that are related to education and participate in the consideration of these cases.

social protection of children's rights

Modern realities

Today, in almost all guardianship and guardianship bodies, functions to protect the rights of minors are usually performed by one employee - an inspector. As a result of this, all work, as a rule, boils down to the fact that only urgent actions can be implemented. They are mainly associated with representation in court, the preparation of various, often unprofessional due to the lack of relevant skills and knowledge, conclusions at the request of the judicial authority. In this regard, the protection of the rights of the child is not carried out properly. This, in turn, requires measures to reform the system.

Priority Directions

In court, the protection of rights concerns cases of violations occurring in the family if a controversial situation arises. Ensuring the safety of the freedoms of minors, especially those who have lost parental care, belongs to the sphere of activity of the relevant bodies.In this regard, administrative defense is a priority today. It is the guardianship and trusteeship bodies authorized by the state to perform these functions. Tasks can be implemented in different ways, in accordance with a particular situation.

The most important prerequisite for ensuring the protection of children's rights by these bodies is their close contact with the KDN, the Department of Internal Affairs, the prosecutor's office and other public and state institutions. It should be recognized that most of the normative acts regulating this area are mainly aimed at determining the role of departments and establishing the boundaries of their competence. In this regard, interagency barriers and the struggle for budgetary funds are being strengthened, despite the fact that the mechanism of influence and the responsibility of these bodies for their failure to fulfill their functions are not specified.

Article 56 of the UK

The Family Code provides the child with the opportunity to independently protect their rights. In cases of violations on the part of the father or mother, as well as other persons substituting for them, he may apply to the guardianship and guardianship authority, and after 14 years - to the court. However, in practice this provision is almost not implemented. This is primarily due to the fact that the Civil Procedure Code does not determine the status of a minor in a civil proceeding if he has lost parental care. Thus, this function is transferred to the guardianship and guardianship authorities. They must accept the complaints of the child and take measures to eliminate the violations. protection of the rights and interests of children

International Child Rights Protection

The world has a special Convention, ratified by almost all countries except Somalia and the United States. This document not only recognizes the child as a person vested with certain rights. The Convention enables him to assert his freedoms using national administrative and judicial procedures. Today, Russia is obliged to submit reports periodically to the Committee on the Protection of the Rights of the Child of the United Nations Organization. They reflect the situation of persons under the age of 18 in the country. The Committee for the Protection of the Rights of the Child acts as a mechanism for implementing the Convention. Its provisions are considered universal. As many experts note, one of the most significant contributions of the Convention to human rights law is the introduction of the principle of transferring a child from a “passive” object to an active subject of protection.

the main problem

Of particular relevance today is the issue of children deprived of a family. They, for the most part, are thrown out into the street in connection with various difficult situations. Such children, as a rule, live in terrible conditions and are victims of various types of violence. Many of them have various serious diseases. Most of these children are unlikely to have attended school or are no longer in school. If they survive violence, hunger, prostitution, alienation of society, police harassment, all kinds of consequences associated with the crime of norms and rules, drug use, low-paid jobs, imprisonment, they will grow up, turning into illiterate adults lost for the state. This problem should be solved by all interested bodies and persons. A special role in this, undoubtedly, belongs to the state. protection of the rights of the child in the family

Finally

Every person under the age of 18 is recognized as a child if, in accordance with the rules of law applicable to that person, he does not become an adult earlier. This category of citizens is considered the most valuable capital of the state and society. Mutual understanding and continuous communication of all generations are of utmost importance. This is an essential condition for the stable existence of the modern world.


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vera
as I understand it. that these bodies protect children from parents !!!!!!!!!!!! and who will protect them from the arbitrariness of the teacher? the teacher yells at them during the lessons. some even began to stutter. we go to the lessons in the second grade with a voice recorder. like in prison! and there is no council for such a teacher! and the director is silent. where to go
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Olga
Good night, we have a large family in June we had a fourth child. Since we are considered to be low-income and large, we submitted documents for receiving children. We are divorced with my spouse but we live together and I did not apply for child support. divorce and income of the spouse. Documents accepted then they dragged on time supposedly lost a photocopy of one of the children we brought, but then she refused the children because there is no certificate of alimony we went did we made an agreement with the natarius we came back to take the document cops and here they tell us no Your documents we won’t accept since the law came out from August 1 and I must provide a certificate of my income. But I don’t have such a certificate. I think he deliberately delayed the time so as not to pay children. Tell me how my three children are different from their youngest children or they are not considered to be low-income people. So it’s a shame for the children and where is the support for large families with poor people?
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