What is the Convention on the Rights of the Child? This is an international treaty that confirms the recognition of a child as a full-fledged person who has rights. The Convention recognizes the whole range of socio-economic, civil, cultural human rights for the child and is aimed at protecting his interests. The Convention identifies children as a vulnerable demographic group that needs increased protection from the state and the international community as a whole. The Convention on the Rights of the Child is a legal act that has special moral significance.
History of the adoption of the Convention
In preparation for the International Children's Day in 1979, Poland initiated the development of the Convention on the Rights of the Child. What year the work on this treaty was going on, and finally, on November 20, 1989, the Convention was signed. Its participants were 20 states, all of them were members of the UN. The Convention on the Rights of the Child entered into force on September 2, 1990. Currently, all 193 UN members are participating in the Convention. The Convention establishes the UN Committee, a special body that monitors compliance by states with the provisions of the Convention and responds to violations of children's rights.
On May 25, two optional protocols were adopted by the Convention on the Rights of the Child in New York. 1 document addresses the issue of the involvement of children in armed conflict, and 2 addresses trafficking in children, child prostitution and pornography. In 2011, the Optional Protocol on the Procedure for Communications to the Committee on the Rights of the Child was adopted. States undertake to comply not only with the requirements of the Convention, but also with additional protocols to it.
Since the Convention was created on the basis of the UN, it develops the basic principles of this organization, expressed in its Charter. The Convention is based on the activities of a specialized agency of the United Nations - the Children's Fund (UNICEF). The logo of the United Nations and the Children's Fund can be variants of the emblem to the Convention on the Rights of the Child.
Main ideas
The essence of the Convention on the Rights of the Child is the recognition of children as a full part of society. Ensuring the rights of the child is reduced to the fulfillment of 4 requirements:
- the survival of the child involves the provision of medical care and the provision of everything that is necessary for normal life;
- child development is carried out through education, leisure and participation in public life;
- child protection means providing him with assistance in adverse situations (during the war, in the event of disability, deprivation of parents, involvement in criminal activity);
- the right to participate in public life (freedom of opinion, conscience, religion, access to cultural heritage, choice of language).
The Convention sets forth 4 basic principles:
- non-discrimination;
- the right of the child to life and decent development;
- respect for the personality of the child;
- priority to protect the interests of children.
The Convention on the Rights of the Child is an act laying down certain requirements for States parties. The state is obliged to create conditions for decent education of children and their preparation for adulthood. The Convention establishes general norms on the basis of which the state selects mechanisms for protecting the rights of children, taking into account their own cultural, political, social features.
Children's rights
In accordance with Article 1 of the Convention, a child is considered to be a person who has not reached the age of 18, unless the law of his country establishes an earlier age of majority. The child has the same basic rights as any person: for life, health, name, citizenship, education, rest, personal integrity, freedom, protection of honor and dignity, choice of language of communication. In addition, the child must have the following rights:
- for games and leisure activities;
- on the family (if the child has lost his parents, the state should take care of his custody);
- to develop in accordance with his abilities and talents;
- to help from adults and the state;
- to receive special conditions of life if the child was born with disabilities.
Adult Responsibilities
The people who must ensure the protection of the rights of the child are parents, guardians, trustees, and the state. They have the following responsibilities:
- respect the opinion of the child and encourage his good intentions;
- comply with the law of your country and the rules of international treaties in the field of protection of children's rights;
- provide education at school, college, university;
- equip a child with everything necessary for life: food, housing, clothes;
- provide the child with protection;
- play with children, create all conditions for their development.
Protecting the rights of children
The Convention on the Rights of the Child is an international treaty under which States commit themselves to the protection of children. The state participating in the Convention is obliged to combat child mortality, to help women during pregnancy and after the birth of a child. These responsibilities stem from the principle of maternity and family protection. The child needs to be protected:
- from violence;
- from the use of his labor, if this impedes learning;
- from involvement in drug addiction;
- from child trafficking, abduction;
- from information harmful to its normal development;
- from war (minors cannot be called to the front);
- to a milder sentence if he commits a crime.
UN Committee
The UN Committee on the Rights of the Child was established by the Convention. This is a special body that reviews reports of violations of the rights of the child. It includes 10 people from countries that are members of the Convention on the Rights of the Child.
The committee reviews incoming messages if they are not anonymous. He offers the state measures to rectify the situation and requests a report. If the situation is related to the sale of children or their involvement in the war, the Committee will investigate. He asks permission from the state in which the violation occurred to be present. Based on the results of the investigation, the committee member proposes to the state measures to eliminate the violation and monitors their implementation.
At present, the Committee may accept reports of violations of rights directly from children.
Committee consideration of communications
By a resolution of the UN General Assembly of December 19, 2011, the Optional Protocol to the Convention for the Protection of the Rights of the Child was adopted, which governs the consideration of communications by the Committee. A message is a personโs complaint about the actions of his state that violate the rights provided for in the Convention. The committee reviews the communication if it meets the following conditions:
- not anonymous;
- written in writing;
- compatible with the requirements of the Convention and protocols;
- the question raised has not yet been considered by the Committee or in the manner of another procedure for international settlement;
- sufficiently justified;
- all public remedies have been exhausted, or the provision of assistance is obviously delayed;
- the message came within a year of the end of domestic remedies.
The committee reviews communications received at meetings. After that, he sends his views to the state in respect of which the complaint has been received. The basic principle of conflict resolution is a friendly settlement of the dispute based on respect for the obligations established by the Convention. If there is a risk of irreparable harm to the victim of the violation, the Committee may ask the state to introduce interim measures. Such a request may be submitted even before a decision is made on the complaint.
Protecting the rights of the child in Russia
The Convention on the Rights of the Child in Russia entered into force on June 13, 1990. In pursuance of the requirements of the Convention, the Law on Basic Guarantees of the Rights of the Child in the Russian Federation was adopted in 1998. He develops the provisions of the Convention and the Constitution of the Russian Federation on the rights of the child. With the assistance of the United Nations Children's Fund and the Ministry of Labor, in 1998, the post of Commissioner for the Rights of the Child appeared in Russia. Initially, this post was introduced in St. Petersburg, Yekaterinburg, Kaluga, Volgograd, Novgorod regions. In 2005, the Commissioners for Children's Rights of Russia entered into a cooperation agreement and created the Association. To date, the institution of the Children's Ombudsman is developing not only at the level of constituent entities of the Russian Federation, but also educational institutions and municipalities.
In 2009, the position of the Commissioner for Children's Rights under the President of the Russian Federation was created. The first to be appointed was Alexey Golovan, who had previously been the Children's Ombudsman from Moscow. At the moment, this position is occupied by Anna Kuznetsova.
In 2009, the Children's Public Council under the Commissioner for the Rights of the Child appeared. He acts on a voluntary basis and deals with issues relating to the rights and legitimate interests of children.
The legislation of the Russian Federation on the rights of the child
The rights of children in the Russian Federation were first enshrined in the Family Code. They are listed in chapter 11 - the rights of minor children:
- The right to life in the family, getting education.
- Know your parents, communicate with them and other relatives. If the parents divorced, the child does not lose the right to communicate with both of them.
- The right to defense. It should be carried out by parents, legal representatives, and in certain cases - the court, prosecutor, guardianship authority.
- The right to express an opinion. Parents must make decisions regarding the interests of the child, taking into account his point of view. If the trial affects the rights of the child, he has the right to be heard.
- The right to a surname, name, patronymic.
- The right to change the last name, first name, patronymic.
- The right to own property and to receive it by inheritance.
Also in Russia, the following laws are in place to protect the rights of children:
- Federal Law on Education.
The law on additional guarantees for the protection of orphans and children without parents.
Law on the social protection of persons with disabilities in the Russian Federation.
Federal Law on Guardianship.
Forms of protection
In accordance with Art. 45 of the Constitution of the Russian Federation, everyone can protect their rights by any means not prohibited by law. The child, by virtue of his immaturity, is not always able to independently assert his own rights and freedoms. Art. 56 of the Family Code of the Russian Federation says that a child can independently apply to the guardianship authority if he considers that his parents (or persons replacing them) violate his rights. From the age of 14, a child can go to court. The state is obliged to help the child if his parents do not fulfill their parenting duties properly or abuse their rights.
According to Art. 64 of the Family Code, parents are representatives of children by law. Since the child has incomplete legal capacity, some legally significant actions for him are carried out by the parents. They protect the interests of the child in relations with citizens, legal entities, as well as in court. For this, parents do not need special powers (power of attorney) - they are representatives by virtue of law.
The persons replacing the parents are adoptive parents, trustees, guardians. They act as legal representatives. If there are no such persons, the duty to protect the rights of the child rests with the prosecutor, court, guardianship authority.
Child protection
The guardianship authority receives messages from citizens and officials about violations of the rights of the child. In addition, the guardianship authority may control certain actions of legal representatives. According to paragraph 2 of Art. 37 of the Civil Code of the Russian Federation, the guardian cannot make transactions aimed at reducing or alienating the property of the ward, without the consent of this body. The trustee cannot give the ward approval for such transactions without the consent of the guardianship authority.
Thus, in the Russian Federation there are legal mechanisms to fulfill the requirements of the Convention on the Rights of the Child.