Order of the Ministry of Health of the Russian Federation dated 30.12.

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In 1959, the UN General Assembly proclaimed the Declaration of the Rights of the Child. This international legal document states that some human rights have a direct bearing on children, who need special care and attention because they are extremely vulnerable because of their age.

The adoption of the Declaration was of great importance in protecting children. However, you need to know that any declaration is of a recommendatory nature only and, therefore, its norms are not binding at all. In this regard, the adoption of the Convention on the Rights of the Child on 20 November 1965 was of great importance for the protection of children throughout the world. The Convention was adopted by the UN General Assembly and a year later ratified by our country. In accordance with the Convention, a child is a human being until he reaches the age of 18 (Article 1).

When a child is born, a certain relationship immediately arises between him and his parents. Some of these relationships are governed by moral standards and the rules of cohabitation of people; others - by the rules of law, in particular, by the rules of family law, which establishes the conditions and procedure for marriage and its termination, regulates personal property and property relations between family members: spouses, parents and children, other relatives, and also determines the forms and procedure for arranging in the family of children without parental care.

The problem of human rights is one of the eternal problems that accompany humanity. The importance of its solution is that the exercise (realization) of human rights is one of the main conditions for the physical and mental well-being of a person, his moral development. The UN adopted a number of documents on important issues of human life. The most important of these documents is the Universal Declaration of Human Rights, (December 10, 1948), adopted by the UN General Assembly. For the first time in human history, fundamental human rights have been formulated and recommended for implementation in all countries.

Personal rights include children's rights, such as the right to life and upbringing in the family (as far as possible), the right to know their parents and the right to care for them, and the right to live together with them. The right to parenting, ensuring the interests of the child and respect for his human dignity.

The child also has a right that is personal, such as the right to communicate with both parents, grandfather, grandmother, brothers, sisters, and other relatives (Article 55 of the Family Code of the Russian Federation).

Each child has the right to a name, patronymic and last name (Article 58 of the RF IC). The name of the child is given by agreement of the parents, the middle name is assigned by the name of the father, the surname is determined by the surname of the parents.

The right to defense (Art. 56 SK RF). The right of the child to protect his rights and legitimate interests corresponds to the duties of the parents, and in cases provided for by law, to the guardianship authorities, prosecutors, judges.

The right to protection from abuse by parents or persons substituting them (Art. 56.4.2 of the IC RF).

In case of violation of the rights and legitimate interests of the child, including in case of non-fulfillment or inadequate fulfillment by the parents (one of them) of the duties of raising the child; or in case of abuse of parental rights, the child has the right to independently apply for protection to the guardianship and guardianship authorities, and if he is 14 years old, then to the court.

The current family law of the Russian Federation provides for the right of the child: to express their opinion (Article 57 of the RF IC). The child has the right to express his opinion when deciding in the family any issue affecting his interests, as well as to be heard in the course of any judicial or administrative proceedings. Taking into account the views of a child who has reached the age of ten is mandatory (except in cases where this is contrary to the interests of the child) in the following cases:

Changing the name and surname of a child is possible only with the consent of the child, his opinion is mandatory when deciding in court the question of restoring parental rights. The consent of the child is a prerequisite for a preparatory solution to this issue;

The solution of the issue of adoption;

Deciding on the name, patronymic and surname of the adopted child, on the recording of adoptive parents as parents of the adopted child;

Addressing issues related to the abolition of adoption and the transfer of a child to foster care.

Thus, we can say that the current family law of the Russian Federation provides a wide range of personal rights of the child.

UN Convention on the Rights of the Child:

Art. 19- Defines the concept of “ill-treatment” and defines protective measures;

Art. 6- provides for the maximum possible degree of healthy development of the child;

Art. 16- protection from arbitrary or unlawful interference in the personal life of the child, from encroachment on his honor and reputation;

Art. 24- providing measures to combat disease and malnutrition;

Art. 27- recognition of the right of every child to the standard of living necessary for physical, mental, spiritual, moral and social development;

Art. 34- protection of the child from sexual abuse;

Art. 37- protecting the child from other forms of abuse;

Art. 39- measures to help a child who is a victim of abuse.

The Criminal Code of the Russian Federation provides for liability:

Art. 106 - 136- for the seduction of physical and sexual violence, including against minors;

Art. 150 - 157- for crimes against family and minors.

The Law of the Russian Federation “On Education”:

Art. 5- confirms the right of children studying in all educational institutions to “respect for their human dignity”;

Art. 56- provides for administrative punishment of teachers for physical or mental “violence against the personality of the pupil”.

Family Code of the Russian Federation:

Art. 54- approves the right of the child to respect for his human dignity;

Art. 56- gives the child the right to protection, and also obliges the guardianship authority to take measures to protect the child;

Art. 69- provides for “deprivation of parental rights” as a measure to protect children from abuse in the family;

Art. 77- Gives the right to immediately take the child away from the family with an immediate threat to his life and health.

The law of the Russian Federation “On the protection of children's rights”:

Art. 14- reads: "Abuse of children, physical and psychological abuse of them is prohibited." Code of Administrative Offenses of the Russian Federation

Art. 5.35. Failure by parents or legal representatives of minors to maintain and educate minors.

Failure by parents or other legal representatives of minors to maintain, educate, train, protect the rights and interests of minors

Shall entail a warning or an administrative fine in the amount of one to five minimum wages.

The rights of children in the Russian Federation are governed by the following laws:

"Convention on the Rights of the Child" (approved by the UN General Assembly on November 20, 1989, entered into force for the USSR on September 15, 1990);
Family Code of the Russian Federation;
Federal Law of November 21, 2011 N 323-ФЗ "On the Basics of Protecting the Health of Citizens in the Russian Federation";
Federal Law of December 29, 2012 N 273-ФЗ "On Education in the Russian Federation";
Federal Law of July 24, 1998 N 124-ФЗ "On Basic Guarantees of the Rights of the Child in the Russian Federation";
Federal Law of December 21, 1996 N 159-ФЗ "On Additional Guarantees for the Social Support of Orphans and Children Left Without Parental Care";
Federal Law of November 24, 1995 N 181-ФЗ "On the Social Protection of Persons with Disabilities in the Russian Federation".

A child in the Russian Federation is a person who has not reached the age of 18 years (of majority).

What rights does the child have in accordance with applicable law?

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

The name is given to the child by the parents, middle name - by the name of the father, - of the parents, or if the parents have different surnames, then by mutual agreement the parents choose one of the surnames.

If parents cannot agree on a child’s name and surname, this issue is resolved by the guardianship authority.

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

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

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

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

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

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

Abuses can be expressed in physical or psychological violence, abuse, humiliation of a child, sexual harassment, intimidation of a child, etc.

A child can independently apply to the guardianship and guardianship authorities (and upon reaching the age of 14 years - directly to the court) with a request to protect him from such abuses.

5. The child has the right to freely express his views on all issues that concern himself, relations in the family.

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

The child has the right to express his own opinion also 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 should have a favorable moral orientation, contribute to the full physical and mental development of the child. From other information harmful to the well-being of the child, he must be protected, including at the legislative level.

In order to protect children from information harmful to their health and (or) development, the Federal Law of December 29, 2010 N 436-ФЗ "On the protection of children from information harmful to their health and development" was adopted.

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

In the event of abuse or unlawful interference, the rights of the child shall be protected.

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

For this, adoption procedures are applied, transfer to a foster family, or to the appropriate social institutions created for the care, upbringing and education of children 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 the 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 ensuring the proper standard of living for the child.

For example, low-income families are given some guarantees and benefits. the state provides material support and provides benefits.

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

For this purpose, 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 rehabilitation of children.

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

Pre-school, basic general and secondary vocational education in state and municipal institutions is generally accessible and free of charge.

A child can get a higher education through a competition. Subject to successful completion, higher education in state and municipal universities is also free.

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

14. The child has the right to protection from exploitation, the performance of work that is harmful to his physical or mental health, and hinders the acquisition of education.

For this purpose, the relevant rules are established in the Labor Code of the Russian Federation, in particular, determining the age at which a child can be employed, the length of his working day, the prohibition of certain types of work, etc.

15. A child who is physically or mentally disabled is entitled 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, provides material assistance to their parents.

16. The child has property rights.

These include the right to receive content from their parents. The child has the right of ownership to the income that he received personally, to property donated to him, inherited or acquired at his personal expense.

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

In our country, in addition to these documents, a number of legislative acts have been adopted:

Family Code of the Russian Federation (1996). Education Act".

The listed documents proclaim the basic rights of children: in the name, citizenship, love, understanding, material security, social protection and the opportunity to receive education, to develop physically, mentally, morally and spiritually in conditions of freedom. A special place is given to the protection of the rights of the child. It is indicated that the child must receive timely assistance and be protected from all forms of neglect, cruelty and exploitation.

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Key international documents regarding children's rights:

Declaration of the Rights of the Child (1959).UN Convention on the Rights of the Child (1989).

World Declaration on the Survival, Protection and Development of Children (1990)

Family Code of the Russian Federation (1996).The law "On basic guarantees of the rights of the child in the Russian Federation."Education Act".

Convention on the Rights of the Child

Among them are rights such as:

b) receive advice;

c) the right to apply for the appointment of his own representative.

The General Conference of the International Labor Organization, convened in Geneva by the Governing Body of the International Labor Office, adopted the Convention on the Prohibition and Immediate Eradication of June 1, 1999

the worst forms of child labor, considering that this problem requires immediate and comprehensive action.

protection of the rights of children as the most vulnerable inhabitants of the earth is provided. States Parties have committed themselves to making sure that children who are most affected by

to acquire knowledge.

the environment.

brothers.

Furthering the ideas of the Convention on the Rights of the Child, noting that this document opens up new possibilities for true universal respect for the rights and well-being of children, the participants of the World Summit for Children, held in New York on September 30, 1990, adopted the World Declaration on providing

survival, Protection and Development of Children and the Plan of Action for the Implementation of the World Declaration on the Survival, Protection and Development of Children in the 1990s. Thus, the states declared their readiness to commit themselves to ensuring a better future for each child, to give priority to the rights of children, their survival and development.

The European Convention on the Exercise of Children's Rights, adopted by the Council of Europe on 25 January 1996, complements the Convention on the Rights of the Child and contains measures designed to ensure that children's rights are respected, especially in legal proceedings and administrative practice.

Among them are rights such as:

1. The right to be informed and express one’s opinion in the course of legal proceedings (a child who, in accordance with domestic law, is regarded as having a sufficient level of understanding, should be granted the following rights in legal proceedings affecting which he can apply:

a) receive all the necessary information;

b) receive advice;

c) be informed of the possible consequences associated with this opinion, and the possible consequences of any decision).

2. The right to apply in person, either through other persons or through other bodies, with a request for appointment in the process

court proceedings affecting his interests, the special representative in cases where domestic law deprives the carriers of parental responsibility of the opportunity to represent the child as a result of a conflict of their own interests with his interests.

3. The right to express one’s views, the right to take into account the views of the child:

a) the right to petition for the provision by them of the appropriate person, whom the children choose on their own, assistance in order to help express their opinion to them;

b) the right to apply in person, or through other persons, or through other bodies with a request for the appointment of an independent representative, and, in appropriate cases, a lawyer;

c) the right to apply for the appointment of his own representative.

the worst forms of child labor, considering that this problem requires immediate and comprehensive action.

In accordance with the Convention, the term “worst forms of child labor” includes:

a) all forms of slavery or practices similar to slavery

the worst forms of child labor, considering that this problem requires immediate and comprehensive action.

On the threshold of the new millennium, on 25 May 2000, the United Nations General Assembly adopted two optional protocols to the Convention on the Rights of the Child: 1) The Protocol on the sale of children, children

prostitution and child pornography; and 2) the Protocol on the involvement of children in armed conflict; and September 8, 2000, the United Nations Millennium Declaration. Among the priority areas

natural disasters, genocide, armed conflicts and other emergency humanitarian situations, all kinds of help and protection were provided with a view to their speedy return to normal life.

On May 10, 2002, the United Nations General Assembly addressed all members of society with

a call to form, together with the participating States, a global movement that will help build

a world fit for children, based on a consistent commitment to the following principles and goals:

1. Children - first of all. In all activities related to children, priority should be given to

the best interests of the child.

2. Eradicate poverty: invest in children. States parties solemnly promise to break the vicious cycle of poverty over the course of a generation, guided by the unified belief that investing in children and exercising their rights are one of the most effective ways to eradicate poverty. Urgent action is needed to eliminate the worst forms of child labor.

3. Do not forget a single child. Every girl and every boy is born free and equal in his

dignity and rights; therefore, it is necessary to end discrimination against children in all its forms.

4. Take care of every child. Children need to create the best possible conditions at the beginning of life. The fundamental principle of human development is the survival, protection, growth and development of children with good health and proper

upbringing. For this, it is necessary to make concerted efforts to combat infectious diseases, eliminate the main causes of malnutrition and raising children in safe conditions that would allow them to be physically healthy, mentally developed, emotionally balanced, socially responsible and capable of

to acquire knowledge.

5. Give each child an education. All girls and boys should have access to free, compulsory and high-quality primary education as the cornerstone of universal basic education and be able to receive it. Gender inequality in primary and secondary education should be eliminated.

6. Protect children from harm and exploitation. Children should be protected from all acts of violence, abuse, exploitation and discrimination, as well as from all forms of terrorism and hostage-taking.

7. Protect children from war. Children must be protected from the horrors of armed conflict. It is also necessary to ensure the protection of children living under foreign occupation in accordance with the provisions of international humanitarian law.

8. Fight HIV / AIDS. Children and their families should be protected from the harmful effects of the human immunodeficiency virus / acquired immunodeficiency syndrome (HIV / AIDS).

9. Listen to the children and ensure their participation. Children and adolescents are creative citizens,

able to help build a better future for all. They must respect their right to express their

opinion and participate in resolving all issues affecting them, taking into account their age and maturity.

10. Save the Earth for children. It is necessary to preserve the natural environment with its diversity of life, beauty and resources, all that enhances the quality of life for present and future generations. To this end, any assistance should be provided in order to protect children and minimize the impact of natural disasters and degradation on them.

the environment.

Since the special needs of children are immediate and serious, based on these principles and

goals, the participating states adopted the Declaration and Plan of Action "A World Fit for Children", being confident that together we can build a world in which all girls and boys can enjoy childhood childhood playing and studying in which they are loved, respected and cherished, their rights are promoted and protected without any discrimination, where their safety and well-being are in the first place and where they can develop, being healthy, in peace and dignity.

Reaffirming its commitment to the full implementation of the Declaration and Plan of Action “A World Fit for

the lives of children ”, on the basis that their implementation and fulfillment of obligations under the Convention on the Rights of the Child and

in conjunction with other relevant international documents, they strengthen the protection of the rights of all children and

improving their well-being, the United Nations General Assembly adopted on 13 December 2007

yes Declaration of the participants of the solemn high-level plenary meeting devoted to the consideration of

the following measures to implement the decisions of the special session on the situation of children. The document emphasizes that

to achieve these goals, more ambitious intersectoral measures of governments, more

active international cooperation and wider and more focused partnerships, including

including with the media and the private sector, as well as global, regional and national

initiatives; however, the necessary measures must be taken to mobilize resources for satisfaction

needs of children in accordance with the document "A World Fit for Children".

A world fit for children is a world in which all children receive the best conditions at the beginning of life.

and have access to quality basic education, including primary education, which is compulsory and free for all; a world in which all children, including adolescents, have great opportunities to

the development of their individual abilities in a safe and supportive environment.

Preview:

Key international documents regarding children's rights:

Declaration of the Rights of the Child (1959).UN Convention on the Rights of the Child (1989).

World Declaration on the Survival, Protection and Development of Children (1990)

In our country, in addition to these documents, a number of legislative acts have been adopted:

Family Code of the Russian Federation (1996).The law "On basic guarantees of the rights of the child in the Russian Federation."Education Act".

For this Convention, a child is every human being under the age of 18 years if, under the law applicable to that child, he does not reach the age of majority earlier.

Convention on the Rights of the Childapproves a number of socio-legal principles, the main of which are:

Recognition of the child as an independent, full-fledged and full-fledged person with all rights and freedoms;

The priority of the interests of the child over the needs of the state, the fatherland, family, religion.

The Convention is a document of high social and moral importance, based on the recognition of any child as a part of humanity, on the adoption of universal values \u200b\u200band the harmonious development of the individual, on the exclusion of discrimination against the individual for any reason or sign. She emphasizes the priority of the interests of children, emphasizes the need for special care of any state and society about orphans, people with disabilities, offenders, refugees.

The child has personal rights:

The inalienable right to life, survival and healthy development.

For registration from the moment of birth, in the name, acquisition of citizenship, knowledge of parents and their care.

To preserve their personality.

To maintain contact with parents in case of separation from them.

The free expression of their views on all issues affecting the child (if he is able to formulate them).

On personal life, family life, the inviolability of the home and the secrecy of correspondence, on protection against illegal encroachment on his honor.

To protect against all forms of physical and psychological violence, abuse or abuse, abuse or exploitation, including sexual abuse by parents, legal guardians, from illegal use of narcotic drugs and psychotropic substances, sexual exploitation, from torture and cruelty, inhuman or degrading types of treatment.

To prevent deprivation of liberty illegally or arbitrarily. Neither the death penalty nor life imprisonment, which provides for the possibility of release, shall be imposed for crimes committed by persons under 18 years of age.

The child is guaranteed social rights:
- For special protection and assistance provided by the state in the event that a child is temporarily or permanently deprived of his family environment or in his own best interests cannot remain in such an environment.
- To use the most advanced services of the health care system and the means of treating the disease and restoring health.

A full life in conditions that ensure his dignity, contribute to his self-confidence and facilitate his active participation in society if the child is mentally or physically disabled.

To enjoy the benefits of social security, including social insurance.

At the standard of living necessary for physical, mental, spiritual, moral and social development.

Legislative acts recognize every child - regardless of race, color, sex, language, religion, political or other beliefs, national, ethnic and social origin - legal right: to educate, develop, protect, and actively participate in society. The rights of the child are linked to the rights and obligations of parents and other persons responsible for the lives of children, their development and protection.

Art. 65, paragraph 1 of the Family Code states that “parental rights cannot be exercised contrary to the interests of children. Ensuring the interests of children should be the primary concern of their parents. When exercising parental rights, adults are not entitled to harm the physical and mental health of children, their moral development. Methods of raising children should exclude neglect, cruel, rude, degrading human dignity, treatment, abuse or exploitation of children.