On the eve of our children's holiday - Children's Day, I want to touch on the topic PROTECTION children. After all, Children's Day is not just about dedicating the day to children, buying ice cream, riding on carousels, giving gifts, etc., which in principle is also not bad. However, we must not forget the true meaning of the holiday. We must ensure the protection of the interests and rights of the child. We adults are responsible for children! Our most important task is to protect their lives. And respect their rights.

We all know that a child has rights. But does everyone follow and recognize them? Or maybe someone heard it for the first time?

In the United States, it was unanimously adopted by the UN General Assembly in 1989. The main purpose of the Convention is to call on society and the state to solve problems related to the protection of children, to provide them optimal conditions life, education and health.

The Convention provides for equal and equal rights for all children on Earth. Here are its main provisions:

• Every child has an inalienable right to life, and the state ensures the survival and healthy development of the child to the maximum extent possible.
• Children have the right to freely express their opinions.
• Parents bear the primary responsibility for raising a child.
• States should provide them with assistance and develop a network of child care institutions.
• States must ensure that children are protected from physical or mental harm.
• The child has the right to education.
• States respect the child's right to freedom of thought, conscience and religion.
• No child under 15 years of age should take part in hostilities.
• No child shall be subject to arbitrary or unlawful interference with his right to privacy, family life, inviolability of home or secrecy of correspondence, or illegal infringement on his honor and reputation.

So, according to the law, child- a person under the age of eighteen. 18 years is recognized throughout the world as the age of majority, when a child becomes an adult, fully responsible to himself and the state.

• First of all, the child has the right to life!

Even as a small cell in the mother's tummy, the baby is awarded the main right - the right to life. Dear future parents! Do not deprive children of this right!

• The child has the right to live and be raised in a family

This is one of the most important rights of a child, since family upbringing ensures normal physical, moral, intellectual and social development.

A child has the right to live and be raised in a family, the right to know his parents, the right to be cared for by them, and the right to live together with them.

A child has the right to be raised by his parents, to receive love and affection, care and respect.

In the absence of parents, when deprived of them parental rights and in other cases, the child’s right to be raised in a family is ensured by the guardianship and trusteeship authority.

• The child has the right to communicate with relatives

Regardless of whether the parents live together or separate, the child has the right to communicate with both dad and mom, as well as with all other relatives, including grandparents, aunts and uncles, brothers and sisters.

• The child has the right to protection

The child has the right to protection of his rights and legitimate interests. A child has the right to protection from violence and abuse by parents. A child has the right to protection from exploitation and forced labor, as well as work in dangerous and harmful conditions that are harmful to health.

And the legitimate interests of the child, including in the event of non-fulfillment or improper fulfillment by parents (one of them) of the duties of raising, educating the child or in case of abuse of parental rights, the child has the right to independently apply for their protection to the guardianship and trusteeship authority, and upon reaching the age of fourteen years to court.

• The child has the right to have and express his opinion

The child has the right to express his opinion when deciding any issue in the family that affects his interests, as well as to be heard during any judicial or administrative proceedings. Taking into account the opinion of a child who has reached the age of ten is mandatory, except in cases where this is contrary to his interests.

A child, like an adult, has the right to freedom of speech!

• The child has the right to a first name, patronymic and last name, as well as nationality and citizenship

The child has the right to a first name, patronymic and last name. The child's name is given by agreement of the parents, the patronymic is assigned by the father's name, unless otherwise provided by law or based on national custom.

The child's surname is usually determined by the surname of the parents. If the surnames of the parents are different, the child is assigned the surname of the father or the surname of the mother by agreement of the parents, unless otherwise provided by law.

The child also has the right to change his first and (or) last name. By the way, there is a lot of information about choosing a name, both according to the month of birth and according to personal preferences.

• The child has the right to receive maintenance from his parents

The amounts due to the child as alimony, pensions, benefits are placed at the disposal of the parents (persons replacing them) and are spent by them on the maintenance, upbringing and education of the child.

• Every child has the right to education!

This right implies the acquisition of a knowledge base by children, regardless of gender, age and religion. Every child has the right to comprehensive development according to his interests.

• Every child has the right to medical care

Children have the legal right to be healthy, and in case of illness or injury to receive qualified medical care.

• Every child has the right to rest and

Children have the right to rest and leisure according to their age and health.

We, adults, do not have the right to demand anything from our children due to the fact that they are our children. They don't owe us anything. But we healthy eating, the possibility of sound sleep, clothing, necessary medications, education, protection from evil people and violations of rights, care and love!

Let's protect ours together!

We invite you to watch a fascinating video on our video channel "Workshop on the Rainbow"

The term “child’s rights” is often used not only in speech statesmen and the media, but also in everyday life of ordinary parents. Today we will try to figure out what “CHILDREN’S RIGHTS” are, where and by whom they are registered.

In the Russian Federation, the main regulatory documents on children’s rights are:

• Constitution Russian Federation.
• the federal law dated July 24, 1998 N 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation”
• Federal Law of the Russian Federation “On Education”.
• Family Code of the Russian Federation (hereinafter referred to as the RF IC).
• Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation).
• Regulatory acts of the constituent entities of the Russian Federation and local governments.
• Charters of preschool educational institutions, schools.

Along with national legislative acts, there are international documents in force, which, by the way, must comply with the norms of Russian law. Among them the most significant are:

• Universal Declaration of Human Rights (1949)
• Declaration of the Rights of the Child adopted General Assembly UN (1959).
• UN Convention on the Rights of the Child (1989).
• World Declaration on the Survival, Protection and Development of Children (1990).

Historical reference

The first document regulating children's rights was the Declaration of the Rights of the Child, adopted in 1923 by the International Save the Children Union. This document operated for 36 years.

By adopting the brief Declaration of the Rights of the Child in 1959, the UN set a goal: to develop a document on children's rights that would be binding on states that agreed to sign it. The Convention on the Rights of the Child (1989) became precisely such a document.

The UN Convention on the Rights of the Child is a document on the rights of the child, consisting of 54 articles, each of which describes a specific right.

When a country signs this Convention, it accepts the responsibility to provide these rights to all children without exception. On this moment most countries have signed the Convention on the Rights of the Child (our country acceded to this document on July 13, 1990)

The main act on the rights of the child in Russia is the Federal Law of July 24, 1998 N 124-FZ “On the basic guarantees of the rights of the child in the Russian Federation”, which establishes the basic guarantees of the rights and legitimate interests of the child provided for by the Constitution of the Russian Federation, in order to create legal, socio-economic conditions for the realization of the rights and legitimate interests of the child.

Basic rights of children

A child is a person who has not reached the age of eighteen years (the age of majority).
Basic human (child) rights are specified in the Constitution of the Russian Federation. Human rights, like the rights of the child, begin with the right to life. Life is the first and most important thing given to man. She is unique, holy, inviolable.

In addition to the Constitution, the rights of the child are listed in the Family Code of the Russian Federation:

1. The right to live and be raised in a family (Article 54 of the RF IC). The child’s right to education, ensuring his interests, and comprehensive development presupposes providing each child in the family with the opportunity to grow up physically and spiritually healthy, capable of a full independent life. The child has the right to live together with his parents (except when this is contrary to his interests).
2. The right to communicate with both parents and other relatives (Article 55 of the RF IC). The child's right to know his parents. The origin of children from specific parents is the basis for the emergence of legal relations between parents and children, regardless of whether the parents are married or not, whether they live together or separately.
3. The child has the right to protection of his rights and legitimate interests (Article 56 of the RF IC).
4. The child's right to express his opinion. The consolidation of this right emphasizes that in the family, the child is a person who should be taken into account, especially when resolving those issues that directly affect his interests (Article 12 of the UN Convention on the Rights of the Child and Article 57 of the Family Code).
5. The child’s right to a name (Article 58 of the RF IC). It includes the name, given to the child at birth ( given name), patronymic (family name), surname passed on to descendants.
6. Changing the child's first and last name. At the joint request of the parents, before the child reaches the age of fourteen, the guardianship and trusteeship authority, based on the interests of the child, has the right to allow the child to change the name, as well as change the surname assigned to him to the surname of another parent (Article 59 of the RF IC).
7. Property rights child. The child has the right to receive maintenance from his parents and other family members in the manner and in the amounts established by Section V of the Family Code of the Russian Federation (Article 60 of the RF IC). The child is the owner of the property belonging to him and the income generated by him.

And here is how the rights of the child are described in UN Convention on the Rights of the Child:
“States Parties undertake to provide the child with such protection and care as is necessary for his or her well-being, taking into account the rights and obligations of his parents, guardians or other persons legally responsible for him, and to this end take all appropriate legislative and administrative measures” (Article 3).
“The participating States shall make every possible effort to ensure recognition of the principle of the 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 18).

So, we examined the concept of “child rights” and determined what rights a child has. Next, I will talk in more detail about each of them, and if you have questions or something is not clear, then you can always use

"CARING FOR CHILDREN,

THEIR UPBRINGING -

EQUAL RIGHT AND RESPONSIBILITY OF PARENTS"

(Constitution of the Russian Federation, Article 38)

The rights of the child are guaranteed

Convention on the Rights of the Child

Adults must have the best interests of the child as a primary consideration (Article 3).

The child has the right to life and healthy development (Article 6).

The child has the right to know his parents and to count on their love and protection (Article 7).

The child has the right to maintain his or her identity, including his name and family ties (Article 8).

The child can have his own own opinion and express it freely (Article 12).

The child has the right to receive any information and transmit it to anyone without offending other people (Article 13).

Children have the right to gather together and discuss their affairs in peaceful assemblies (Article 15).

Every child has the right to privacy and his own secrets (Article 16).

The child has the right to protection from ill-treatment(Article 19).

The child has the right to the most advanced medical care (Article 24).

The child has the right to free education and respectful attitude of teachers towards him (Article 28)

All children have equal rights, regardless of nationality, gender, religion (Article 30).

The child has the right to play, creativity, recreation, sports and art (Article 31).

The child has the right to protection from degrading treatment and punishment (Article 37).

Constitution of the Russian Federation

Article 17

In the Russian Federation, the rights and freedoms of man and citizen are recognized and guaranteed in accordance with generally recognized principles and norms international law and in accordance with this Constitution. Fundamental human rights and freedoms are inalienable and belong to everyone from birth. The exercise of human and civil rights and freedoms must not violate the rights and freedoms of others.

Article 20

Everyone has the right to life.

Article 21

Personal dignity is protected by the state. Nothing can be a reason to belittle him. No one should be subjected to violence, cruel or degrading treatment or punishment.

Article 29

Everyone is guaranteed freedom of thought and speech. Promotion of social, racial, national, religious or linguistic superiority is prohibited. Everyone has the right to freely seek, receive, and transmit information in any legal way.

Article 38

Motherhood and childhood, the family is under state protection. Caring for children and raising them is an equal right and responsibility of parents.

Article 41

Everyone has the right to health protection and medical care.
The Russian Federation encourages activities that promote
strengthening human health, development physical culture and sports.

Article 43

Everyone has the right to education. Guaranteed universal access and free pre-school, basic general and secondary education vocational education in government educational institutions.

Article 44

Everyone is guaranteed freedom of literary, artistic and other types of creativity. Everyone has the right to participate in cultural life.

Article 58

Everyone is obliged to preserve nature and environment, treat natural resources with care.

Family code

(Article 65, paragraph 1)

Parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.

When exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children, their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.

Parents who exercise parental rights to the detriment of the rights and interests of children are liable in accordance with the established legal procedure.

Children's rights and their protection

The article in which I write about protecting the rights of children will help answer the questions:

What rights does a child have just after being born?
- from whom should the child be protected?
- what ttypical violations of the rights of a child deprived of parents;
- who is obliged to protect the rights of the child;

Child's rights

The baby, even just born, has his own, guaranteed by the state, legal rights.
Child's rights- a set of children's rights, recorded in international documents on the rights of the child. According to the Convention on the Rights of the Child, a child is a person under eighteen years of age. The state has committed itself to protecting children, so they have the same rights as adults.

The child has the right to a family.

The child has the right to care and protection from the state if there is no temporary or permanent protection from the parents.

The child has the right to attend school and learn.

The child has the right to equality.

The child has the right to freely express his thoughts.

The child has the right to his own opinion.

The child has the right to a name and citizenship.

The child has the right to receive information.

A child has the right to protection from violence and abuse.

The child has the right to medical care.

The child has the right to rest and leisure.

The child has the right to additional assistance from the state if there are special needs (for example, children with disabilities).

At the international and national level, there are many special acts on the rights of the child. The main act on the rights of the child to international level is the Convention on the Rights of the Child (New York, November 20, 1989) - a document on the rights of the child with 54 articles. All rights included in the Convention apply to all children.

Another act protecting the rights of the child is the Declaration of the Rights of the Child, adopted by the UN General Assembly in 1959,

The Declaration of the Rights of the Child establishes the following principles:

1. The child must have all the rights specified in this Declaration. These rights must be recognized to all children, without exception and without distinction or discrimination on account of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status relating to the child himself or herself or his family.

2. The child must be provided with special protection by law and other means and provided with opportunities and favorable conditions which would enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal way and in conditions of freedom and dignity. In making laws for this purpose, the best interests of the child must be the primary consideration.

3. The child must have the right to a name and citizenship from birth.

4. The child must enjoy the benefits social security. He must have the right to healthy growth and development; To this end, special care and protection must be provided to both him and his mother, including prenatal and postnatal care. The child must have the right to adequate food, housing, entertainment and medical care.

5. A child who is physically, mentally or socially disabled must be provided with special treatment, education and care necessary due to his special condition.

6. Child for complete and harmonious development his personality needs love and understanding. He should, whenever possible, grow up under the care and responsibility of his parents and in any case in an atmosphere of love and moral and material security; a young child should not, except in exceptional circumstances, be separated from his mother. On society and on organs public authority There must be a duty to provide special care for children without families and for children without sufficient means of subsistence. It is advisable that large families state or other child support benefits were provided.

7. The child has the right to receive education, which should be free and compulsory, at least in the initial stages. He should be given an education which will contribute to his general cultural development and by which he may, on a basis of equality of opportunity, develop his abilities and personal judgment, as well as a sense of moral and social responsibility, and become a useful member of society. The best interests of the child should be the guiding principle for those responsible for his education and learning; this responsibility lies primarily with his parents. The child must be provided with full opportunity for games and entertainment that are aimed at the goals pursued by education; society and public authorities must make efforts to facilitate the implementation of this right.

8. The child should, under all circumstances, be among those who first receive protection and help.

9. The child must be protected from all forms of neglect, cruelty and exploitation. It must not be subject to trade in any form.

10. The child should not be employed before reaching the appropriate age minimum; he shall in no case be assigned or permitted work or occupation which would be harmful to his health or education or which would interfere with his physical, mental or moral development.

11. The child must be protected from practices that may encourage racial, religious or any other form of discrimination. He should be brought up in the spirit of mutual understanding, tolerance, friendship between peoples, peace and universal brotherhood, and in the full consciousness that his energies and abilities should be devoted to the service of the benefit of other people.

The main act on the rights of the child in Russia is Federal Law No. 124-FZ of July 24, 1998 “On the basic guarantees of the rights of the child in the Russian Federation.”

From whom should a child be protected?

IN real life Situations of violation of children's rights occur, and often the violators themselves do not realize that their actions are contrary to the letter of the law and are criminally punishable. You need to protect yourself from adults, from peers and, sometimes, from yourself.

What situations do you encounter most often? Adults consider it acceptable to spank a child for an offense - after all, to shout at a child - and to keep his mouth shut or to learn better, to call him an “idiot”, “stupid”. Acting with good intentions, they do not see anything reprehensible in such “educational measures”. And these are the most real manifestations of violence - physical or psychological, which is the most common form of violation of children's rights.

Other violations of the rights of a child in the family include restriction of freedom of movement (punishment in the form of locking the child in a room), damage to personal belongings, and deprivation of food.

Violations of children's rights at school often occur. Unfortunately, there are teachers who prefer intimidation, public humiliation, insult, and systematic and unfounded criticism to other educational methods. Many schools have a practice of cleaning classrooms and school grounds after classes. Schedules are drawn up, attendance is monitored, and those absent from cleaning are subjected to various “repressions.” It is also illegal - children may be asked to clean up a classroom or area, but they may consent by putting it in writing. The cruelty of peers, mostly teenagers, is a separate topic of conversation. The only thing I would like to pay attention to is to be extremely attentive to the child, try to catch all non-standard manifestations of behavior; “have conversations” more often; conduct a dialogue, not just questions; so as not to miss the problem.
Problems communicating with peers lead to deviant behavior, a tendency to destructive acts and suicidal attempts. And here you have to save the child from himself.

Ttypical violations of the rights of a child deprived of parents
Orphans or children deprived of parental care end up in children's homes (from birth to three years), and later in orphanages, centers or boarding schools. The main task of such institutions is the socialization of students. Many children left without parental care are placed in foster care, guardianship, or adoption.
The most typical violations of the rights of such children- failure to comply with state guarantees for financial content; underestimation of state standards for the maintenance of children in guardianship families, failure to comply with the federal law “On additional guarantees orphans and children left without parental care" regarding emergency provision of housing. The severity of the problem does not decrease in terms of timely alimony payments for children in full. As a result, the rights of children to receive maintenance from their parents are violated.

Who is responsible for protecting the rights of the child?

In any country in the world, the rights and interests of children must be protected. Violation of the rights of minors is a fairly common phenomenon. Often children do not fight for their rights, and, in principle, it is very difficult to do this on their own. Besides, people who can help just don't want to spend money on it. own time, and effort.

Prosecutor's office

Children must be considered as an independent subject of law.
The prosecutor has the right (and must) independently submit an application to the court in defense of the rights of children, but in defense of the rights of guardians only if the guardian submits an application to the prosecutor's office and justifies his inability to act independently (for example, for health reasons).

Court.

The rights of the child should be protected in courts of general jurisdiction. Absolutely everyone can use this method individuals. A minor defending his rights can use the help of a parent. It is the court that is able to resolve disputes related to raising children. This applies to deprivation of parental rights, their restrictions, as well as adoption and its cancellation. For some reasons, children cannot independently defend their rights and interests. Therefore, it is necessary to have a legal representative. They may be a guardian, adoptive parent, adoptive parents, etc. But it is worth understanding that the minors themselves should also be involved. If the child is incompetent, he or she does not have to attend the trial. A minor can defend his rights independently (e if the child is already 14 years old), and with the help of guardians, parents, adoptive parents.

Parent, foster parent, guardian.

Legal representative (for example, the director of the institution where the child is located).

Guardianship and trusteeship authorities.
If the legitimate interests of children are violated by their parents (guardians, legal representatives), the child himself is able to seek help from the guardianship and trusteeship authorities. If the child is already 14 years old, then he is able to independently go to court.

Commission on Juvenile Affairs.

The problem of protecting children's rights has always been the most pressing, for many countries. It requires enormous responsibility. This is a rather complex process due to the fact that many protection mechanisms do not work or do not do so fully.

That is why it is simply impossible to achieve some kind of justice.
The state is obliged to protect minors and develop a certain system. It is necessary to unite various bodies that are capable of defending the rights and protections of citizens. As for children in this case, protection takes place in two stages. The first is judicial, the second is administrative. You can use both methods at once, but, as a rule, only one is chosen. It is necessary to understand that the effectiveness of protection directly depends on the developed mechanisms.

According to the Russian Constitution, a child is considered a person who has not reached the age of majority. The rights of minors are regulated by the following legislative documents:

• Law No. 159 “On additional guarantees for public support”;

Main regulatory legal act, which regulates marital relationships that arise between citizens during marriage is Family Code of the Russian Federation . In the corresponding document, the rights and responsibilities of children are enshrined in section 4, consisting of 3 chapters and 33 articles.

When does a child have rights?

According to the RF IC, the rights of a child arise from the moment of birth (as do the corresponding rights and obligations of his parents). Upon reaching a certain age, the interests and responsibilities of a minor citizen will increase.

From the moment of birth, the baby has the right:

• addressed;
• by surname;
• for patronymic;
• on citizenship and civil legal capacity;
• live and be raised in a full-fledged family;
• to respect your human dignity;
• for comprehensive development;
• to ensure the freedoms and legitimate interests of parents, guardianship and trusteeship services, the prosecutor and the court;
• to receive benefits and government benefits;
• to have property rights.

Legislative acts of Russia establish the following age categories, upon reaching which the interests and responsibilities of the baby will increase: 1.5; 3; 6; 7; 10; 14; 15; 16; 18 years. As the rights of a minor increase, the amount of responsibility also increases, while parental responsibility decreases with age. If the laws are not followed, a citizen may incur administrative, civil and criminal liability.

Basic rights of the child according to the RF IC

The list of fundamental rights of a minor child is established in Chapter 11 of the Family Code of the Russian Federation, which consists of the following articles:

• The right of a child to live and be raised in a family. Parents or legal guardians are obliged to raise the child, ensure his comprehensive development, both physical and spiritual;
• Art. 55. The right to communicate with parents and other relatives. The corresponding article states that a minor child has the right to know his parents, regardless of whether the parents are officially married or not;
• Article 56. The right to ensure protection of legitimate interests;
• Article 57. The right to express one's opinion and position. A minor citizen should feel like an individual whose opinion must be taken into account, especially when resolving issues affecting his interests;
• According to Article 58 of the RF IC , the child has a list of rights at birth, the main ones being first name, last name and patronymic;
• Article 59. Changing personal details. Upon reaching the age of 14, a minor has the right to apply to the guardianship and trusteeship authorities with a request to change the initials received at birth;
• Art. 60. Property powers. The person concerned has the right to claim maintenance from his parents or other relatives. At birth, parents are required to allocate a certain share in an apartment or other real estate owned by the parents.

The child's responsibilities at home are mainly determined by the parents, whose requirements should not contradict the legislation of the Russian Federation. Social services carefully monitor compliance with the freedoms reserved for minor citizens.

List of child responsibilities according to the RF IC

Main legislative act regulating family relationships. It also establishes the obligations that must be observed by minor citizens.

Child's responsibilities:

• obtaining basic education;
• compliance certain rules behavior that is established in various educational institutions and public places;
• conscientious fulfillment of all duties assigned to him by relevant persons;
• compliance with the charter of the educational institution;
• entry into military registration within the established time limits;
• after reaching the age of 18, provide for their disabled parents or legal guardians.

As already noted, a minor may bear criminal liability, which, according to the generally accepted rule, begins at the age of 16. However, especially serious crime, criminal liability can occur from the age of 14.

Rights and responsibilities of adopted children

A child in a foster family also has rights guaranteed by law. It is worth highlighting that adopted children do not lose the right to communicate with their biological parents, however, such a desire must be consistent with the new parents. In case of controversial situations, they are regulated by the guardianship and trusteeship authorities.

An adopted child has the right:

• count on state protection;
• expression of opinion;
• receiving pensions, benefits and allowances;
• for storage of personal property, for example, photographs biological parents and other family heirlooms;
• have your own territory;
• know the truth about your adoption and information about your biological parents;
• choose your own friends;
• abandon your adoptive family in case of misunderstanding or psychological impact.

In addition to rights, the law also establishes a list of obligations that it must comply with. Adopted child must perform certain duties around the house, carry out various instructions for new parents, follow the rules of hygiene that are established in new family. Also, a citizen who has not reached the age of majority is obliged to respect and listen to the opinions of other family members, take care of property and take care of the new family, if necessary.

Protection of the rights of minor children

First of all, the protection of the rights of minors is carried out government agencies authorities and services of regional self-government. The child’s parents or persons replacing them can also defend their interests. Pedagogical, medical and public employees must also provide protection, since they are directly responsible for the education and health protection of a minor citizen.

The Family Code of Russia states that a minor has the right at any age to contact the guardianship authorities with a complaint and application. However, the issue of protecting the freedoms of minors is complicated by the fact that the child himself rarely seeks help on his own. Experts suggest that this is due to children’s fear of their parents, as well as a reluctance to live in public children’s organizations.