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, therefore, in international practice, so much attention is paid to legislation dedicated 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.
The rights of the child in Russia are regulated by such legislative documents as:
- Family Code of the Russian Federation;
- Constitution of the Russian Federation;
- Legislation of the Russian Federation on the protection of public health;
- The law on basic guarantees of the rights of the child in the Russian Federation;
- Federal Education Act ;
- 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.
The fundamental international instrument for the protection of children is the Convention on the Rights of the Child . It was received on November 20, 1989 by countries led by the United Nations. It entered into force on September 2, 1990, after it was ratified by 20 states. Among them was the USSR. After joining the Convention, she received the status of law in the territory of the former USSR, and now in the territory of the 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 the age of eighteen.” According to this document, all children have the right to develop their abilities, freedom from hunger and want, as well as cruelty and other forms of abuse.
The Convention on the Rights of the Child connects the capabilities of children with all the rights and obligations of parents or those responsible for them. Based on this, children can participate in decisions that can affect his present and future.
The Convention on the Rights of the Child provides the following rights to children :
- have a family;
- to be protected by the state in cases where there is no permanent or temporary protection by the parents;
- on equality;
- protection against violence;
- on medical care and health care;
- study and attend school;
- freedom of thought and speech;
- in the name and citizenship;
- to receive information;
- for rest and leisure;
- to help the state with special needs (for example, disability).
The rights of minor children in the Russian Federation
Children under the Family Code of the Russian Federation include all persons under 18 years of age. The fact that a person under the age of majority is fully competent in accordance with the Civil Code of the Russian Federation does not affect the ability to consider this person as a child.
Chapter 11 of the Family Code provides children with the following basic rights:
- the right to live and be raised in a family;
- the right to protect legal rights and interests;
- the right to communicate with parents and relatives;
- right to first name, middle name and last name;
- the right to express an opinion;
- property rights, including property rights.
The responsibilities of children in the family are not legally defined. They are established only by moral standards; the law cannot force a child to perform any duties in the family.
The protection of the rights of children in Russia today is organized by the Commissioners for the Rights of the Child, which exist in 20 regions of Russia. The most high-profile case on protecting the rights of the child, in the resolution of which the commissioners were involved, was the trial between the spouses Kristina Orbakaite and Ruslan Baysarov. This case became high-profile due to the popularity of the people involved in it. However, there are not a few such disputes in the country. Today there is someone to decide.
The Commissioners for Children's Rights solve problems that arise due to cases of domestic violence, child crime, drug abuse, homelessness and other non-childish problems.