What rights does the country give to children? What does a child have a right to?

Adults don't always understand that a child also has his rights. Moreover, the Family Code of the Russian Federation protects these rights along with Universal Declaration of the Rights of the Child. Failure to respect these rights, infringement little man Any of the rights guaranteed by law is punishable, so you shouldn’t think that adults are allowed everything.

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Administrative penalties are summarized in Code of Administrative Offenses.

The most important principles of children's rights under state protection

The rights and interests of children are called upon to be respected by parents, guardianship authorities, the prosecutor's office and the court.. There are many nuances to this issue. For example, exactly parents are the child's direct representatives, obliged to ensure that the rights of their offspring are not infringed in any way.

But it happens that it is dad and mom who trample on these rights, caring more about his own interest, then the protection of children’s rights is taken into their own hands by the guardianship authorities.

Where to look for protection if a child is bullied?

In case if there is physical, sexual or mental violence, or other violation of rights, a minor may seek help from the following persons:

• representatives of the children's assistance center;
• workers social shelter for children;
• center specialists emergency assistance(via communications);
• prosecutor;
• representatives of guardianship authorities, etc.

Children require protection of rights simply because they are weak, small, and do not have a lot of knowledge and skills known to adults.

The baby cannot give a worthy rebuff to physical or sexual violence , it is easy to offend and humiliate him, which is what adults with a low level of education and culture take advantage of.

It happens that rights of the child as enshrined in the UN Declaration, violated by parents who lead an indecent lifestyle - drinking, beating children, forcing them to beg.

In cases of any violence against a child The relevant government bodies are obliged to come to the defense.

Law protecting children's rights in the world around them, regulates the participation of guardianship and trusteeship authorities, the prosecutor’s office, law enforcement agencies in ensuring the full rights of a minor and their protection.

Children's rights in Russian Federation are governed by the following laws:

• "Convention on the Rights of the Child" (approved General Assembly UN 11/20/1989, entered into force for the USSR 09/15/1990);
• Family Code of the Russian Federation;
• Federal Law of November 21, 2011 N 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;
• Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”;
• Federal Law of July 24, 1998 N 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation”;
• Federal Law of December 21, 1996 N 159-FZ "On additional guarantees on social support for orphans and children left without parental care";
• Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in the Russian Federation".

A child in the Russian Federation is a person under the age of 18 (the age of majority).

What rights does a child have under current legislation?

1. The child has the right to a first name, patronymic and last name, and citizenship.

The first name is given to the child by the parents, the patronymic is given by the name of the father, by the parents, or if the parents have different last names, then by mutual agreement the parents choose one of the last names.

If parents cannot come to a common opinion on the issue of the child’s first and last name, this issue is resolved by the guardianship and trusteeship authority.

Parents, until the child is 14 years old, can change his first or last name with the permission of the guardianship authority. If the child is 10 years old, changing his first or last name is possible only with his consent.

2. A child has the right to live and be raised in a family, with his parents, who must take care of his upbringing, education, and development.

The child has the right to communicate with both of his parents, as well as other relatives. parents and their separation should not affect the rights of the child, even if one of the parents lives in another state.

Competent authorities may prohibit one of the parents (or both parents) from communicating with the child only if such actions are necessary to protect the rights and interests of the child.

3. The child has the right to protect his rights and interests.

The responsibility to protect the rights and legitimate interests of the child rests with the parents or legal representatives, and in their absence, with the guardianship and trusteeship authorities.

If a child, before reaching the age of 18, is recognized as fully capable in accordance with the law, he has the right to independently defend his rights.

4. The child has the right to protection from abuse by his parents or legal representatives (guardians, trustees, etc.).

Abuse may include physical or psychological violence, insult, humiliation of a child, in sexual harassment, intimidation of a child, etc.

A child can independently apply to the guardianship and trusteeship authorities (and upon reaching the age of 14, directly to the court) with a demand to protect him from such abuse.

5. The child has the right to freely express his views on all issues that concern himself and family relationships.

The child's opinion may be heard in court hearings. Taking into account the opinion of a ten-year-old child in a court hearing is mandatory if this does not infringe on the rights of the child.

Yours own opinion the child also has the right to express in the form of receiving and transmitting any information, both in written and oral form (works of art and other means).

6. The child has the right to freedom of thought, conscience and religion, freedom of association and assembly.

7. The child has the right to access information.

Information must have a favorable moral orientation and contribute to the full physical and mental development of the child. He must be protected from other information that is harmful to the well-being of the child, including at the legislative level.

In order to protect children from information harmful to their health and (or) development, Federal Law No. 436-FZ of December 29, 2010 “On the protection of children from information harmful to their health and development” was adopted.

8. The child has the right to personal and family life, the inviolability of his home, the right to keep his correspondence, telephone conversations, and personal data secret.

In case of infringement or unlawful interference, the rights of the child are protected.

9. A child deprived of parents has the right to protection and assistance from the state.

For this purpose, adoption procedures, transfer to a foster family, or to the appropriate social institutions created for the care, education and training of children left without parents.

10. The child has the right to a full standard of living.

Parents, due to their physical and financial capabilities, are obliged to provide their child with the standard of living necessary for his physical and spiritual development.

The state, in turn, is obliged to provide support to parents whose capabilities do not allow them to provide an adequate standard of living for their child.

For example, low-income families are provided with some guarantees and benefits. the state provides financial support and benefits.

11. The child has the right to health care and medical care, and the use of the most advanced methods and services, as well as priority in the provision of medical services.

For these purposes, the child is provided with free medical care in state (municipal) institutions, including the prevention of various diseases, diagnosis and treatment, rehabilitation, sanatorium treatment and health improvement for children.

Education should be aimed at the comprehensive development of the child’s personality, talents, physical and moral education.

Preschool, basic general and secondary vocational education in state and municipal institutions, publicly available and free of charge.

A child can receive higher education by passing a competition. Subject to successful completion higher education in state and municipal universities is also free.

13. A child has the right to rest and entertainment appropriate to his age, the right to participate in cultural events, and engage in creativity and art.

14. The child has the right to protection from exploitation, from performing work that is harmful to his physical or mental health, or interferes with his education.

To this end, in Labor Code The Russian Federation has established appropriate rules, in particular determining the age at which a child can be hired, the length of his working day, the prohibition of performing certain types of work, etc.

15. A child who is physically or mentally disabled has the right to special care and special conditions.

Such a child also has the right to a full and dignified life. The state provides such children with appropriate guarantees and benefits and provides their parents with financial assistance.

16. The child has property rights.

These include the right to receive maintenance from one's parents. A child has the right of ownership to income that he personally received, to property given to him, inherited or acquired with his personal funds.

He can dispose of this property according to the rules established by the Civil Code of the Russian Federation (Articles 26 and 28 of the Civil Code of the Russian Federation).

When giving a child a name, we most often think about its euphony, influence on fate, the combination of first and patronymic, and similar things. It would seem that choosing a name for a child is only a “private” matter for his parents. In fact, this is a matter of truly national importance. It is no coincidence that the legislation provides for a whole set of rules relating to the name. They will become the subject of our conversation.

A very important right

First, the right to a name is established in the Convention on the Rights of the Child. Article 7 of the Convention provides that a child has the right to a name from the moment of birth. This means that parents do not have the right to decide whether or not to give the baby a name, or to think for a long time about what to name the child - they are obliged to give him a name from the moment of birth. Unfortunately, in our country this right of the child is not protected in any way: our legislation does not provide for a specific deadline, nor does it provide for liability for too late registration.

Secondly, for the law a person's name has special meaning. Under his in his name, a citizen acquires and exercises rights and responsibilities, acts as a student educational institution, as a patient of a medical institution, etc. On behalf of their minor child, parents (or persons replacing them) act to protect his rights and legitimate interests in court and other government bodies. Children aged 14 to 18 years already have the right to enter into certain transactions on their own behalf. The child has the right to a name and as the author of a creative work.

Thirdly, if someone misrepresents your name or uses it in ways or in a form that affects your honor, dignity or business reputation, you have the right to demand compensation for the harm caused.

What's your name?

From the point of view of the law, the name includes the surname, the given name, as well as the patronymic, unless the law or national custom requires otherwise. Of course, there are some rules for the formation of a name, and they are also determined by law.

So, the child gets the surname from his parents.

If the parents are married and they have a common surname, then the situation is extremely simple and standard - the child is automatically assigned the same surname.

If the parents have different surnames, then the child's surname is written down by agreement of the parents. In certain regions of Russia, other rules for choosing a surname may be established. However, any rules they adopt cannot violate the principle of equality of spouses. Such a violation could be, for example, the rule that the child’s surname is always determined only by the father’s surname.

Parents are free to choose a name. They have the right to give the child any name they wish. Both parents choose the child's name. When registering a birth at the request of one of them, it is assumed that the other agrees with the chosen name.

However, in life a situation may arise when parents cannot come to a common opinion about the child’s last name and first name. In this case, the authority to resolve this dispute lies with government agency guardianship and trusteeship. It is on his instructions that the first and last name is recorded. True, these bodies themselves may find themselves in a difficult position: only in some cases the preferences of one of the parents have any objective basis. This happens, for example, if another parent wants to give the child a strange or rare name, the wearing of which in the future may create communication difficulties for the child, especially in a group of children.

Patronymic is national peculiarity naming. However, not all peoples inhabiting our country have a tradition of calling people not only by name, but also by patronymic. Currently, the constituent entities of the Russian Federation have the right to establish that the assignment of a patronymic on their territory is not mandatory and can be carried out at the request of the persons registering the child, if this corresponds to their national tradition.

The patronymic is written according to the father's name, unless otherwise provided by national customs.

But there are some controversial situations. Our reader reported one of them in a letter:

“I have been living in a mixed marriage for several years now, my husband is a Tatar. When our son was born, he gave him a national name - Omar - and wanted the Tatar version - Farid-uly - to be written down in the passport instead of the Russian version of the patronymic “Faridovich”. But the registry office employee categorically refused to do this, without motivating her refusal. I would like to know if she is right.”

Of course, the civil registry office employee is wrong. Assigning a patronymic is generally a personal matter for parents. The law in no way restricts parents’ right to assign a patronymic to their child in accordance with their preference and national traditions. It is difficult to say why this situation arose. In such cases, I would advise you to submit a written application addressed to the head, the registry office. You should receive a reasoned response to this letter, and if it also contains a refusal, then you can appeal such actions in court.

Want to change your name?

No matter how carefully parents think through the child’s name, situations may arise when changing the name becomes simply necessary. The desire to change a first or last name in children can be caused by cacophony, difficulty in pronunciation, an unsuccessful combination of first name, patronymic and last name, or the desire for a son or daughter to bear a name in accordance with national traditions.

If parents have such an intention, then they need to apply for permission from the guardianship and trusteeship authorities. Whether such permission is obtained or not directly depends on the interests of the child, which must be respected in this situation.

Parents can change their child's name until he or she is 14 years old; older children do this on their own. There is no simplified procedure (say, for children under one year of age).

In order to change a child's first or last name, a joint application by the parents is required. The application is submitted to the state body that protects the rights of children. Based on the interests of the child, the guardianship and trusteeship authority may allow changing the name, as well as the assigned surname, to the surname of the other parent. As a rule, if the name change is due to serious reasons and both parents want it, then there will be no problems with registration. In general, it can be stated that there are no specific criteria for assessing the seriousness of the reasons - in each case everything is decided individually. Parents make a decision, and if it does not harm the child, then the decision of the guardianship and trusteeship authority will be positive.

If the parents live separately and the one with whom the child lives wants to assign his surname to him, then he also needs to submit an application to the guardianship and trusteeship authority. To allow or not to allow is decided in each case individually, based on the interests of the child and listening to the opinion of the other parent. This does not mean that his consent is necessarily necessary, but this opinion must be taken into account. The opinion of the other parent is not taken into account if it is impossible to establish his place of residence, if the court has declared him incompetent, deprived him of parental rights, and also if he systematically evades the upbringing and maintenance of the child. In other words, the opinion of a parent who does not care about his child does not matter at all.

The main thing that is taken into account is that the change of surname does not traumatize the child, and corresponds to his desires, habits, attachment to, etc.

If a child is born from unmarried parents and paternity has not been legally established, the guardianship and trusteeship authority, based on the interests of the child, has the right to allow changing his surname to the mother’s surname, which she bears at the time of making such a request (premarital or acquired in a new marriage).

I would like to draw your attention to the fact that it is possible to change the first or last name of a child who has reached the age of ten years only with his consent. As for children under ten years of age, taking into account their opinion is not necessary, but it is desirable so that the change of name or surname does not become a deep and unforgettable trauma for them.

Registration rules

A change of name in the legal sense of the word occurs at the moment it is registered. Such registration is carried out by the civil registry office. It is carried out at the place of permanent or temporary registration of the child.

In order to register a new name, it is necessary to obtain the consent of the guardianship and trusteeship authority (this was discussed above). Then you need to submit an application to the civil registry office, attaching the child’s birth certificate.

The application is considered within 1 month from the date of its submission. This period is set in order to request information about previous registration records before registering a name change. In the event that such verification requires more time (for example, in the geographical distance of the place of residence from the place of registration of birth), the period may be extended by another 2 months. It may happen that as a result of this check you will be refused. The refusal must be submitted in writing and indicating specific reasons. If you consider such a refusal to be unreasonable, you can certainly appeal it in court.

Civil registry offices independently report name changes to internal affairs bodies. Thanks to this, your child will not have to collect the relevant documents himself when he receives a passport as a Russian citizen.

After registering a name, the child is issued a new birth certificate, which contains his new last name, first name and patronymic.

Yulia Sazonova,
lawyer of specialized legal consultation No. 38
Primorsky Regional Bar Association, Vladivostok

Article from the May issue of the magazine.

Discussion

farid-uly it's like.

12/31/2004 14:53:49, farid

All my life I dreamed of naming my daughter Ksenia; when she was born, she was foolishly named Oksana. I really regret this!

03/17/2004 13:11:08, Julia

So what?

Comment on the article "Name and Law"

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