Childhood is the first stage of human development. The state, which provides for the responsibility of parents for the inappropriate upbringing of children, is on guard of protecting children's rights. This is no coincidence. After all, parents play the main role in the formation of a young citizen: they must take measures so that their child receives the necessary education, development and upbringing.
Protecting children's rights is the responsibility of parents
Childhood is a time that should be happy, carefree, safe, filled with the warmth of maternal and fatherly love, the care of loving grandparents. This is the same age when a person, like a sponge, absorbs generally accepted behavioral norms, acquires value orientations and basic communication skills with the outside world, learns to live in society according to the established rules.
The family is the main link of socialization for children. The main value for responsible parents is the well-being and safety of their own child. From the moment of birth and until coming of age, his interests should be guarded by his parents: protect property and personal rights, the right to decent education, the necessary maintenance, successful education, provide protection from violence and cruelty, as well as information that is harmful to health and development.
Violation of the rights of the child in the family leads to the fact that the legal liability of parents for the improper upbringing of children comes.
The basis of education is training
The Constitution of the Russian Federation guarantees the right of citizens to education. A basic general education based on federal state standards is compulsory, and it is the parents who must ensure their children receive it.
The Family Code determines that education and upbringing is not only a right, but also the most important duty of parents, who, according to the law "On Education", are the first teachers in the life of a child. They should form the personality of the future citizen, laying at an early age the foundations of development: physical, moral, intellectual.
The education that a child should receive starting at 6.5 years old (but no later than 8) is a holistic process of development and upbringing aimed at obtaining socially significant knowledge and skills in various fields of activity. The result of obtaining the necessary knowledge is an appropriate document on education.
Education can be obtained in the form of full-time, part-time, part-time. Parents can choose the form of family education, take care of the child’s self-education or choose an externship depending on their state of health, needs and opportunities, taking into account the views of the child and the recommendations of specialists. If this does not happen, then inevitably comes the responsibility of the parents for the improper upbringing of the children.
An important component of upbringing is child support
The upbringing of the child directly depends on the conditions of his detention. The Family Code provides the child with the right to have a decent standard of living and provides for the obligation of parents to support their children. Content refers to the availability of food for the child in accordance with his age, clothing appropriate to the season and weather conditions, items that are necessary for development, training, organization of recreation and leisure.
The responsibility of parents for the improper upbringing of children occurs if these requirements are not respected, both parents (or one of them) do not understand and do not want to understand the full degree of responsibility for their children, do not realize the size of their needs, evade parental responsibilities, most violating the property rights of minors. It is considered unlawful for a child to live in unsanitary conditions if he has nowhere to sleep or do homework, and his parents systematically drink alcohol, adversely affecting his development.
Russian law establishes the need to punish parents who commit unlawful acts: collecting alimony from negligent fathers or mothers (and against malicious payers - applying administrative norms), criminalizing, deprivation or restriction of parental rights.
Protecting children from malicious information
An integral part of education is the informational protection of children. To prevent the harm from negative information, the necessary measures are taken by the constituent entities of the Russian Federation: children are not allowed to stay at night in public places and at objects where only sexually transmitted products, alcohol, beer, and other places (for example, in institutions with Internet access are sold) , at stadiums, train stations and bridges), the list of which the constituent entities of the Russian Federation determine and approve independently, taking into account the characteristics of the region or individual municipality.
An important point: the presence of children in places determined by regional laws entails an administrative impact on officials and legal entities, the legal responsibility of parents for the improper upbringing of children, if they assume that the child is in these places at night.
What are the types of responsibilities
Parents guilty of offenses against their children are subject to state coercion.
There are different types of parental responsibilities for the inappropriate upbringing of children. Among them: administrative responsibility provided for by the Family and Civil codes of civil law and criminal.
Each of them characterizes certain illegal actions of parents, and also establishes sanctions corresponding to the form of the offense and its severity.
Administrative responsibility
Actions indicating parental neglect of basic needs and requirements, raising children, reluctance to stand up for their rights are considered illegal by Russian law (Article 5.35 of the KRF on AP). For punishment for such actions, which lasts a long time, the administrative responsibility of parents for the improper upbringing of children is applied.
The legislation provides for legal liability in cases where the child does not have the opportunity to communicate with close relatives and parents, when the judicial decision determining the place of his residence is not enforced.
Civil responsibility
The civil liability of parents for the inappropriate upbringing of children is briefly but succinctly provided for by the Family and Civil Codes.
The Civil Code indicates that parents are obliged to live with children who have not reached the age of 14, thereby determining that parents who transfer their children to other people without good reason do not fulfill parental duties.
The Family Code provides for the deprivation or limitation in court of parental rights. This happens in case of parents' malicious evasion of their duties, child abuse, recognition of parents as drug addicts (alcoholism).
If the child is in danger of living with the family, then the authorities of the preventive system can seize the child’s parents and then appeal to the court with a request to limit (deprive) parental rights.
Criminal liability for unlawful acts of parents
In accordance with the Criminal Code, the criminal liability of parents for the improper upbringing of children (together with ill-treatment) occurs in accordance with Art. 156. It provides for punishment for the actions of parents that have led to negative consequences for minors: health has deteriorated, normal mental development has been impaired, and the personality is being formed incorrectly.
Cruelty can be expressed in the fact that, for example, the child is not provided with the necessary food, clothing, housing, he is locked for a long time, systematically humiliated, beaten, and mocked at him.
This article provides for sanctions in the form of a fine, compulsory work, restriction of freedom (for up to 3 years) - the measure of punishment depends from the gravity of the crime committed.
Criminal liability is also provided for such actions by parents as deliberate evasion of child support, as this makes it difficult to create the conditions necessary for a decent upbringing. The Criminal Code provides for sanctions: correctional or forced labor, arrest, imprisonment (Article 157).
Protection of the rights of children in the Republic of Belarus
If we compare the system of punishment of parents for violation of children's rights, then the Russian legal system to a large extent corresponds to the legislative system of the Republic of Belarus.
The right and duty of parents to educate children, to take care, to create the conditions necessary for normal development and education, to provide funds for maintenance are enshrined in the Constitution of the Republic of Belarus (Article 32).
The responsibility of parents for the improper upbringing of children in the Republic of Belarus is divided into administrative, civil, and criminal.
According to the legislation of the Republic of Belarus, minors are subject to state protection, whose parents lead a life that is recognized as immoral, are ill with alcoholism or drug addiction, improperly perform parental duties with respect to children who, as a result of these actions, are in a socially dangerous position.
Adult indifference is a threat to childhood
Russian law, caring for the protection of the rights of its minor citizens, provides for the responsibility of parents for the improper upbringing of children in the Russian Federation. Parents are equated with adoptive parents and foster parents, guardians and trustees, whose role can be assigned not only to citizens, but also to officials of bodies and state institutions that are entrusted with the responsibility of the state guardian.
The duty to raise children rests with the parents (persons replacing them) up to the age of majority of the child.
Taking into account that in most cases children cannot seek help themselves in case of violation of their rights, socially disadvantaged families should not be left without due attention from the authorities included in the system of prevention of child neglect and juvenile delinquency. The duty of concerned citizens is to help children brought up in families where there are no elementary conditions for their development, upbringing, maintenance, where children are subjected to violence by adults.
The facts of violation of children's rights that have become known can be reported to the district police officer, juvenile inspector, the guardianship authorities under the education department, and the specialist of the juvenile commission.
May the children be alive, healthy and happy.