Declaration of the rights of the child: what is worth knowing?
Declaration of the rights of the child: what is worth knowing?
The Declaration on the Rights of the Child was adoptedThe absence of fundamental norms of an international character aimed at the protection of childhood. The rules and requirements for the upbringing of children contained in the Declaration undoubtedly exemplify the upbringing of the modern generation. It can be said that each child in his development is individual, but the concept of "individuality" is not correlated with the concept of "right". All children are entitled to equal rights. It is this provision that determines the child's ability to become in the future a worthy member of a truly right-wing state. If the rights of the child are violated and the actions of third parties do not comply with the norms of the Declaration, then not everyone will answer the legally simple questions: "What should be known in determining the fact of the violation?" And "To which state authority to apply for legal protection?".
Instructions
1
Remember that the Declaration establishes onlythe fundamental principles by which the legislator should be guided when issuing a legislative act. The Declaration is valid at the international level, and not at the level of one state. The provisions and principles enshrined in the Declaration of the Rights of the Child have been expanded in the Convention on the Rights of the Child, which was adopted in 1974.
2
To determine whether there are violations of the provisionsRead the text carefully. The Declaration includes in its content ten principles that ensure the rights of children from birth to the age of eighteen. It is from the age of 18 that, according to international standards, full legal capacity comes, and in some countries, civil majority. At the same time, it should be understood that the norms prescribed in this document are directed not only at individuals, but also at all bodies, institutions, departments.
3
Do not exaggerate or try to interpret in your own waythe text of the Declaration, trying to turn certain rights in favor of one's own situation. All the thesis bases mentioned in the Declaration under consideration are spelled out in a text that is accessible to an understanding of a person who does not have a legal education. All the provisions of the Declaration contain a clear statement. At the same time, every rule or every right is spelled out in a broad sense. Thus, under the definition of the concept of degrading treatment of children, numerous actions are directed not only at the humiliation of honor, but also impede the realization of fundamental rights.
4
The document clearly defines that the mainresponsibilities for the upbringing and care of children are vested in their parents or other list of representatives provided for by law. These can be legal trustees or guardians. The interests of orphans are represented by the directors of specialized institutions. For example, the director of an orphanage or a children's boarding school.
5
If the Declaration does not contain the required definition andformulating the violated right, remember that the document contains a recommendation, but a fundamental one, in the adoption of norms concerning the child countries for UN member countries. This can be both separately issued, and a lot of documented acts. Each country independently fixes in its normative acts the strict enforcement rights, as well as ways to protect them. For example, the right of every child to education and the possibility of receiving it free of charge in the Russian Federation is directly realized through the application of one Federal Law No. 273-FZ "On Education". And at the same time, the right to education in the Russian Federation has a constitutional fixing.