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International standards on children's
rights and Russian legislation
Considering the theme of children's rights
in the world and their security in it, for the base, or rather the foundation
we can take the study of the standards of the Declaration on the Rights of
children, also we can take the study of the International Convention on the
rights of children , which provides for the legal protection of children from
violence, discrimination, etc.
Convention, 1990 declared that children
were full-fledged persons, independent subjects of law, taking into
consideration the need to protect children in the conditions of modern society.
A child is a person under the age of eighteen, unless conforming the law
applicable to the child, he or she is attained earlier. Any discrimination
based on race, nationality or ethnic indication to baby is prosecuted. States -
Participants recognize that every child has the inherent right to life and they
provide with the survival and development of the child [2].
During the analysis of the work of the UN
Committee on the Rights of the Child noted the following problems in the field
of children's rights in modern Russia:
2)child labor and economic exploitation of children; 3)an increase in
drug abuse and other substances;
4) the failure of the legistation, policy and programs to protect
children from commercial exploitation, sexual abuse and pornography; 5)the possibility
of "abuse of international adoption."
Let us consider at one of the problems.
The problem of domestic violence is relevant nowadays. Violence against
children caused by their parents trigger a strong reaction in the community,
and if we look into the problem deeper, we will see that the violence against
children is a process caused by the general decline in the standard of living
of the population, reduction of education culture, morality fall. A child who
became a victim of domestic violence has a lot of damage in terms of
socialization, mental disorders, and a sudden decline in self-esteem.
Solution the problem of violence against children should be joint efforts, it
is important to take more effective techniques and methods, and to strengthen
the liability for such acts.
Referring to the issue of violence it
would be correct to emphasize the article 19 "of the Convention on Rights
of the Child": 1.States - Participants shall take all appropriate
legislative, administrative, social and educational measures to protect
children from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including sexual
abuse, from parents, legal guardians or any other person who takes care of
children.
2.Such protection measures include
effective procedures for the establishment of social programs to provide
necessary support for children and persons who take care of them and for other
forms of prevention and for identification, reporting, referral, investigation,
treatment and follow-up with cases of child abuse, and for judicial involvement
[1].
Referring to the figures, according to the
2012 about 2.2 million children were beaten by their parents in Russian
families. About 12% of this number of children were killed; . About 1.8
thousand committed suicide, and more than 45 thousand left home (Unified interdepartmental information
and statistical system: Official site [electronic resource] [3].
Thus, according to statistics,
unfortunately we can see, , the fact that domestic violence is progressing, but
not vice versa. Nevertheless, Article 56 of the Family Code clearly stated that
a child is entitled to protection from abuse by parents (persons replacing
them) .This article gives a good basis to protect the rights of all children in
our country.
The UN Convention on the Rights of the
Child, in contrast to previous UN international instruments on the rights of
children, proclaimed such new rights as the preservation of individuality,
non-participation in hostilities, the right to physical and psychological
recovery. Taking into account these and other provisions of the Convention in
December 1995, the State Duma of the Russian Federation adopted the Family Code
of the Russian Federation, which included a special chapter entitled "The
rights of minor children". For the first time in the history of Russian
legislation, international standards for the rights of children were
recognized, and the rights of children were given independent legal regulation.
Thus, the weak legal protection of the
rights and freedoms of children, the child's inability, due to age and
immaturity, to defend their rights, as well as the growth of crimes against
minors in Russia, increase the interest of researchers in studying the
constitutional and legal status of the child.
Literature:
1. Constitution of the Russian Federation
1993.
2. International Convention on the Rights
of the Child.
3. Family code 1995.