In connection with the convention the child is. Brief information about the UN Convention on the Rights of the Child

Children's rights are no less important and binding than the rights of adults. Even more important, since children need special protection from the state and the international community. It is most difficult for children to protect their rights themselves, which is why in international practice so much attention is paid to legislation devoted to the protection of their basic individual rights.

The protection of children in the Russian Federation is subject to the basic provisions developed by the United Nations.

Children's rights in Russiaare regulated by such legislative documents, How:

• Family Code of the Russian Federation;
• Constitution of the Russian Federation;
• Legislation of the Russian Federation on protecting the health of citizens;
• Law on basic guarantees of children's rights in the Russian Federation;
• Law on additional guarantees for the protection of orphans and children left without parents;
• Law on social protection of disabled people in the Russian Federation.

Fundamental to the protection of children is Convention on the Rights of the Child. It was adopted on November 20, 1989 by countries led by the United Nations. Came into force on September 2, 1990, after it was ratified by 20 states. The USSR was among them. After joining the Convention, it received the status of law in the territory of the former USSR, and currently in the territory Russian Federation.

The Convention consists of 54 articles that detail the individual rights of children. The term “child” is defined by the Convention on the Rights of the Child as “a person under eighteen years of age.” According to this document, all children have the right to develop their capabilities, freedom from hunger and want, as well as cruelty and other forms of abuse.

The Convention on the Rights of the Child links the capabilities of children with all the rights and responsibilities of parents or persons responsible for them. Based on this, children can participate in making decisions that can affect their present and future.

Convention on the Rights of the Childassigns the following to children rights:

• have a family;
• to protection by the state in cases of lack of permanent or temporary protection from parents;
• for equality;
• for protection from violence;
• for medical care and health care;
• study and attend school;
• to freedom of thought and speech;
• for name and citizenship;
• to receive information;
• for rest and leisure;
• for state assistance special needs(eg disability).

Rights of minor childrenin the Russian Federation

According to the Family Code of the Russian Federation, children include all persons under 18 years of age. The fact that a person who has not reached the age of majority is fully capable in accordance with the Civil Code of the Russian Federation does not affect the possibility of considering this person a child.

Chapter 11 of the Family Code secures the following basic rights for children:

• the right to live and be raised in a family;
• the right to protection of legal rights and interests;
• the right to communicate with parents and relatives;
• the right to a first name, patronymic and last name;
• right to expression;
• property rights, including the rights of the owner.

The responsibilities of children in the family are not defined by law. They are established only by moral norms; the law cannot force a child to perform any duties in the family.
The protection of children's rights in Russia today is organized by Commissioners for Children's Rights, who exist in 20 regions of Russia. The most high-profile case on the protection of children's rights, in the resolution of which the commissioners were involved, was the trial between the spouses Kristina Orbakaite and This case became high-profile due to the popularity of the people involved in it. However, quite a few such disputes arise in the country. Today there is someone to solve them.

Ombudsmen for children's rights solve problems that arise due to cases of domestic violence, juvenile delinquency, drug addiction, homelessness and other non-children's problems.

UN Convention on the Rights of the Child- an international legal document defining the rights of children in member states. The Convention on the Rights of the Child is the first and main international legal document of a binding nature, dedicated to a wide range of rights of the child. The document consists of 54 articles detailing the individual rights of every human being, until he reaches the age of 18 (unless the age of majority is earlier under applicable laws), to the full development of his capabilities in an environment free from hunger and want, cruelty, exploitation and other forms of abuse. The parties to the Convention on the Rights of the Child are the Holy See, Palestine and all UN member countries except the United States.

History of creation

On the 20th anniversary of the adoption of the Declaration of the Rights of the Child, the UN proclaimed 1979 International Year child. To commemorate this, a number of legal initiatives were put forward, including a proposal made in 1978 by Poland to consider a draft Convention on the Rights of the Child at the UN Human Rights Commission. The author of the original project was the Polish professor of international relations A. Lopatka. Work on the text of the draft Convention took ten years and was completed in 1989, exactly thirty years after the adoption of the Declaration of the Rights of the Child.

During the work on the Convention and after its adoption by the General Assembly, meetings were organized with the participation of UN organizations, bodies and specialized agencies in order to attract attention and disseminate information about the Convention, which has global significance for the implementation of human rights - the rights of children. The Convention was adopted by resolution 44/25 of the UN General Assembly on November 20, 1989, and the signing of the Convention began on January 26, 1990. The Convention entered into force on September 2, 1990, after being ratified by twenty states. At the Vienna Conference on Human Rights in 1993, it was decided that by 1995 the Convention would become universal for all States.

Article 43, paragraph 2, of the Convention was amended in 1995 and entered into force in 2002.

In 1996, on the initiative of France, the day the UN General Assembly adopted the text of the Convention, it was decided to celebrate November 20 annually as Children’s Rights Day.UN

In 2000, two optional protocols to the convention were adopted and entered into force in 2002 - on the participation of children in armed conflict (161 participating countries as of October 2015) and on the sale of children, child prostitution and child pornography (174 participating countries as of July 2018).

In December 2011, the UN General Assembly adopted the third optional protocol, which was opened for signature in 2012 and entered into force in 2014, reaching the number of ten participating countries. The Protocol provides for the possibility of consideration by the Committee on the Rights of the Child of complaints of violations of the Convention against countries party to the Protocol. As of September 2016, 28 countries participate in the third protocol.

Basic provisions

First part

• Articles 1-4 define the concept of “child”, affirm the primacy of the interests of children and the obligation of states parties to take measures to ensure that the rights enshrined in the Convention are free from discrimination.
• Articles 5-11 define the list of rights to life, name, citizenship, the right to know one's parents, the right to parental care and non-separation, the rights and responsibilities of parents in relation to children.
• Articles 12-17 set out the rights of children to express their views, their opinions, to freedom of thought, conscience and religion, association and peaceful assembly, and the child’s access to the dissemination of information.
• Articles 18-27 define the State's duties to assist parents and legal guardians and to protect children from ill-treatment on the part of those caring for them, the rights of children deprived of a family environment or adopted, mentally or physically disabled, refugees, the rights of children to health care, social security and a standard of living necessary for their development.
• Articles 28-31 establish children's rights to education, use of their native language and culture, practice of their religion, rest and leisure.
• Articles 32-36 establish the responsibility of the state in protecting the rights of children from exploitation, illegal drug use, seduction, abduction and trafficking of children.
• Articles 37-41 prohibit the death penalty and life imprisonment without the possibility of release for crimes committed before the age of 18, prohibit torture and humiliating punishment of children, define the rights of a child when accused of criminal acts or imprisonment, as well as the rights of children to protection during armed conflicts and wars. States undertake to take measures for the rehabilitation and social reintegration of child victims of neglect, exploitation or abuse, and reserve the right to protect the rights of the child to a greater extent. high degree, which is provided for by the Convention.

Second part

• Articles 42-44 introduce the Committee on the Rights of the Child, its structure, functions, rights and responsibilities, and oblige states to inform children and adults about the principles and provisions of the Convention.

The third part

• Articles 45-54 indicate the solution to procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signature by all states, so the Holy See, which is not a UN member, was able to become a party to it.

The innovation of the Convention lies primarily in the scope of rights defined for the child. Some of the rights were first recorded in the Convention [ ] .

About the right to education

The Convention in Article 28 guarantees children free and compulsory primary education and requires UN member states to encourage the development of various forms of secondary education, both general and vocational, to ensure its accessibility to all children and to take the necessary measures, such as the introduction of free education.

About raising children

An integral part of education is upbringing. Thus, among the objectives of family education, the Convention (Article 18) requires that “every possible effort be made to ensure recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. Parents or, where appropriate, legal guardians have primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.”

Article 20 defines the tasks of public education of children (care for them) who have lost their parents. “Such care may include, but is not limited to, foster care, adoption or, if appropriate, placement in appropriate child care facilities. When considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and the child's ethnic origin, religious and cultural affiliation and native language.”

Article 21 of the Convention defines the rights of a child in intercountry adoption: “intercountry adoption may be considered as an alternative means of caring for a child if the child cannot be placed in foster care or placement with a family that could provide foster care or adoption, and if it is not possible to provide any suitable care in the child’s country of origin.”

Article 29 of this document is fundamental in ensuring the rights of children to education. In practice, it regulates the priorities of the goals of public education for the participating countries:

• development of the child’s personality, talents, mental and physical abilities to their fullest extent;
• fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations;
• fostering respect for the child’s parents, his cultural identity, language and values, for the national values ​​of the country in which the child lives, his country of origin and for civilizations other than his own;

Literature

• Schneckendorf Z.K. Guide to the Convention on the Rights of the Child. - M., 1997.

What is a convention

The Convention on the Rights of the Child was adopted by the UN General Assembly on November 20, 1989 and entered into force on September 2, 1990, when it was signed by 20 states. It contains 54 articles that describe in detail the rights of minor children. In international law, a convention differs from a declaration in that after a country signs a document, it acquires the status of law and is considered binding. The declaration is of a recommendatory nature.

Signature and ratification

Convention on the Rights of the Child this moment worldwide signed by 193 countries. Only the United States of America and Somalia did not sign it. The US government motivates its refusal to sign the document by the fact that it cannot guarantee its 100% and universal implementation. And Somalia’s refusal needs no comment. The Soviet Union signed the Convention in 1990 without any comments or restrictions. In our country it has the status of law.

History of creation

The Convention on the Rights of the Child was not created in a vacuum. The first attempt to legislatively draw attention to the problems of children was made in 1923, the Declaration on the Protection of Children was signed in Geneva, and in 1924 it was supported by the V Assembly of the League

United Nations. They returned to it only in 1948. The issue of children's rights then arose at one of the UN meetings. There were serious reasons for this. After World War II, millions of children were left orphans and lost their health. But the adopted document again had a declarative nature, and it also formed the basis of the convention adopted in 1989.

Optional Protocols

The Convention on the Rights of the Child is a legislative act that brings together all the rights of the child, which were scattered in different areas rights. In 2000, two more protocols were added to the Convention, the first condemns the involvement of children in armed conflicts, the second condemns the sale of children and prohibits the involvement of children in prostitution and pornography. Russia has only signed the first one so far.

Russian law on children

The rights of the child in Russia are ensured not only by the Convention, but also by our native law. Law No. 124 - Federal Law of July 24, 1998 echoes international legislation. The main principle of the Russian law on the protection of children is that the child has rights, but does not have responsibilities. The main right of a child is the right to live in a family and be raised by parents. The law primarily assigns civil and political rights to the child. Civilians are those who guarantee the protection of the state, respect

personal dignity and defense of interests (by parents, guardianship authorities), protection from exploitation and involvement in drug trafficking, protection from prostitution and pornography.

Right to education

In our state, free education is legally guaranteed. But in Lately Everyone is discussing school reform. If you dig deeper into it, you will notice a change in the standard of education. That is, changing the clock grid and the number of items. The question arises as to why the hours of core subjects are reduced by reducing the hours spent studying the topic. It becomes clear that the new standard is designed for gifted children who grasp everything on the fly. What should the rest of us do? Hire tutors or pay for additional classes. Will such education be free?

Convention on the Rights of the Child is an international set of rules defining the protection of minors, their development and freedom. The Convention was adopted in 1989. Almost all countries participating in the UN General Assembly signed it, although many did so with reservations and restrictions. The Convention is logical development Declaration of the Rights of the Child, which was only an advisory document without any legal force.

The Convention on the Rights of Children consists of 54 articles and several optional protocols. Which regulate additional provisions related to children, namely the prohibition of their participation in armed conflicts, human trafficking, pornography, prostitution, and so on.

It should be noted that the Convention on the Rights of the Child has been criticized by some experts for certain nuances that allow the freedoms of children to be misinterpreted. For example, Article 16 defines the child’s right to privacy, which should not be limited by others, including parents, which can be interpreted to mean that the child has the right to engage in homosexual relations, organize orgies in the house, have abortions, and so on. But it should be noted that even with all the shortcomings and conflicts, this document still fulfills its main function - it regulates the rights of children to freedom, protection, education, and so on. Moreover, the Convention is constantly evolving, taking into account recommendations and regional characteristics, and issuing optional protocols.

A short list of fundamental rights and freedoms that are described in the Convention on the Rights of the Child:

1. A child is a minor human being who has not reached 18 years of age. The age limit may be changed in some cases. The States Parties to the Convention undertake to ensure the rights of minors and respect their interests, as well as, taking into account regional characteristics, to adapt their domestic legislation to the maximum extent possible to comply with international law. Parents must properly guide the child for his development and livelihood.
2. The child has an absolute right to life. Each state is obliged to ensure the survival of minors to the maximum extent possible. The child must be registered at birth, have a name and citizenship. At the same time, the state must respect and ensure the safety of self-identification.
3. The child should not be separated from his parents, except for procedures provided for by law. A minor cannot be deprived of contact with his parents except in cases where this is harmful to his interests.
4. The illegal movement of children between countries and their failure to return to their homeland is not allowed; for this, states must conclude international treaties and jointly ensure the safety of minors.
5. The child has the right to have and freely formulate his own opinion, which must be taken into account, but taking into account the maturity of the person. A minor must have access to information and the ability to transmit it to other people. Restrictions on access to information must be legal. A minor has the right to freedom of conscience, religion and peaceful assembly.
6. Interference with personal and family life, attack on the property and reputation of minors is unacceptable. A child should have free access to the media, while access to information harmful to him should be limited.
7. Parents or guardians are responsible for the development of the child. The States Parties to the Convention provide them with full support.
8. The child must be fully protected whether from physical or psychological violence. To achieve this, it is necessary to take administrative, legislative and information measures.
9. Minors who are left without parental care must be cared for by the state. At the same time, adoption must be recognized and encouraged by law.
10. Children with physical or mental disabilities should have the right to a decent life and, where possible, to take an active part in the life of the whole society. Minors have the right to the best medical care. Their standard of living must ensure physical, mental, social and moral development. Every child has the right to education. Primary education should be free. The rights of a minor from an ethnic or religious minority should not be limited.
11. The child has the right to rest and entertainment, participation in games and activities appropriate to his age. Economic exploitation cannot be used against a minor.
12. The state undertakes to take all measures to protect minors from the use of drugs and all kinds of psychotropic substances, as well as from sexual violence and the use of minors in pornographic materials. The state must protect children from abduction and smuggling, and all forms of exploitation. Also, a minor cannot be subjected to torture, or be sentenced to death or life imprisonment without the possibility of release.

Brief information about the UN Convention on the Rights of the Child

November 20, 1989 The UN General Assembly adopted the Convention on the Rights of the Child, which today is international law.

The USSR ratified this Convention (the date of ratification by the Supreme Soviet of the USSR was June 13, 1990), the Convention entered into force for the Russian Federation on September 15, 1990.

The Convention on the Rights of the Child establishes equal rights children and adolescents under 18 years of age. Right to life and development. The right to a peaceful childhood and protection from violence. The right to be respected for your way of thinking. The interests of the child must always be taken into account first.

Countries that have acceded to the Convention are obliged to make maximum use of all available means to ensure the rights of the child.

Summary of the Convention on the Rights of the Child

The UN Convention on the Rights of the Child consists of 54 articles. They are all equally important and act as in Peaceful time and during armed conflicts.

Article 1

A child is every person in the world under 18 years of age.

Article 2

Every child, regardless of race, color, gender, language, religion, income and social origin, has all the rights provided for in this Convention. No one should be discriminated against.

Article 3

The interests of the child must always be taken into account first.

Article 4

States that have ratified the Convention must endeavor to implement, to the best of all resources at their disposal, the social, economic and cultural rights of the child. If resources are insufficient, solutions must be sought through international cooperation.

Every child has the right to life and the state is obliged to ensure the survival and healthy development of the child by supporting his mental, emotional, mental, social and cultural level.

Article 7

The child has the right to a name and nationality. The child has the right, as far as possible, to know who his parents are. The child has the right to count on care from his parents.

Article 9

A child should not live separately from his parents against his will, unless it is in his best interests. A child who does not live with his parents has the right to see them regularly.

Article 10

Requests from family members living in different countries and those wishing to join must be treated kindly, humanely and quickly,

Article 12-15

The child has the right to express his opinion on all issues relevant to him. When the court and authorities consider cases concerning a child, it is necessary to listen to his testimony and act primarily in his interests. The child's rights to freedom of thought, conscience and religion must be respected.

Article 18

Parents have general and primary responsibility for the upbringing and development of the child. They are obliged to think about the interests of the child first.

Article 19

A child has the right to protection from physical and mental violence, from neglect or from being taken advantage of by parents or guardians.

Articles 20-21

A child who has lost his family has the right to alternative care. When adopting, states are obliged to take care of the interests of the child in accordance with applicable laws.

Article 22

A refugee child arriving alone, with his parents or a third party has the right to protection and assistance.

Article 23

Any child with physical or mental disabilities has the right to a full and dignified life, ensuring active participation in the life of society.

Article 24

The child has the right to full medical care. All countries have a responsibility to work to reduce child mortality rates, combat disease and malnutrition, and eliminate traditional and unhealthy practices.

Pregnant women and new mothers have the right to health care.

Articles 28 - 29

The child has the right to free primary education. Education must prepare the child for life, develop respect for human rights and educate in the spirit of understanding, peace, tolerance and friendship between peoples.

Article 30

A child belonging to a national minority or indigenous population has the right to his own language, culture and religion.

Article 31

The child has the right to games, rest and leisure.

Article 32

The child has the right to be protected from economic exploitation and hard work that harms or interferes with education and endangers the child's health.

Article 33

A child has the right to protection from illegal drug use.

Article 34

The child has the right to protection from all forms of sexual violence and use in prostitution and pornography.

Article 35

The theft, sale or trafficking of children must be stopped.

Article 37

The child must not be subjected to torture or other cruelty, inhuman or degrading treatment or punishment. A child should not be unlawfully or arbitrarily deprived of his liberty. A child should not be punished with life imprisonment or the death penalty. Every child deprived of his or her liberty must be treated humanely and with respect. The child has the right to immediately receive legal assistance. A child in custody has the right to contact and meetings with his family.

Article 38

A child under 15 years of age should not be used for direct participation in armed conflicts. It is prohibited to recruit children of this age as soldiers to participate in armed conflicts.

Article 39

A child who is a victim of abuse, exploitation, neglect, torture, armed conflict or other inhumane treatment has the right to rehabilitation and adjustment to society.

Article 40

A child accused of a crime or convicted of punishable acts has the right to treatment that promotes a sense of respect both for himself and for the rights and fundamental freedoms of others.

Article 41

Convention rights do not apply if other national laws provide the child with better opportunities to exercise his or her rights.

Article 42

States , Those who have acceded to the Convention undertake the responsibility to disseminate information about the provisions and principles of the Convention among adults and children.

Articles 43 - 45

Regulations on the activities of countries that have acceded to the Convention in its implementation. The UN Observatory Committee monitors the reports of the countries participating in the Convention. UN bodies and voluntary organizations also have the right to participate in informing the UN.

Articles 46 - 54

Rules regarding the accession of states to the Convention and the start dates for their validity. Reservations that are contrary to the purposes and purposes of the Convention cannot be permitted.