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Protection of children's rights / LAWYER PRACTICE / Articles

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Protection of children's rights in Ukraine - lawyer

Protection of children's rights in Ukraine

THE UN CONVENTION ON THE RIGHTS OF THE CHILD

First of all, the Convention is an agreement.

The text of the Convention on the rights of the child was prepared, discussed and agreed over a decade. The UN Convention on the rights of the child is an agreement between the two countries. It says how the government of each country should take care of the children. The Convention was adopted and opened for signature and accession by resolution 44/25 of the UN General Assembly on 20 November 1989. This particular document was ratified by 191 countries of the world.

The UN Convention on the rights of the child entered into force in Ukraine since 27 September 1991 and is part of the national legislation.

THE RIGHTS OF THE CHILD IN UKRAINE

Ukraine ratified the UN Convention on the rights of the child in the first year of its independence. In our country there is no specific legislation for minors, and their rights are highlighted in separate articles in Family, Civil, Criminal and Criminal procedure codes of Ukraine and are governed by separate laws such as the laws "On protection of childhood", "On social work with children and young people "," On prevention of domestic violence ". Various state institutions and ministries are called to be responsible for the observance of the rights of the child in Ukraine. Many efforts have also made social organizations that work in the protection of child rights for every child to feel protected by law a full member of society.

The UN Convention on the rights of the child - it's your right. They are reflected in the current legislation of Ukraine. You don't have to think about them. You may not use them daily. However, you should know that they exist and they are inseparable from the other rights guaranteed you by the state.

The laws of different countries are different. We are talking in particular about the figure of age and the age at which a teenager is criminally responsible for the crime: in some countries it is 7 years old other - 12, in Ukraine - 14-16 years. But you should know that there are rights that cannot be changed. For example, the right to care and custody. Also unchanged is the assertion that all children have equal rights. The state can be more or less democratic, but to change these rights, it can not. They are yours.

The UN Convention on the rights of the child contains 54 articles. In them you will find 40 of the rights of the child. Below are only those articles of the Convention, concerning your rights. All rights can be classified according to certain principles.

Let's try to classify rights:

1. 1. All children have a right to life

2. 2. All children are entitled to care and concern

3. 3. All children are equal in their rights

4. 4. Entitled "worry-about-me"

5. 5. You have the right to sufficient and healthy food

6. 6. You have a right to education

7. 7. You have the right to medical care

8. 8. You have a right to entertainment

9. 9. Entitled "don't bully me"

10. 10. You have the right to protection from economic exploitation and forced labour

11. 11. You have the right to protection from any work that may be hazardous to your health

12. 12. You have the right not victim of the war

13. 13. You have the right to protection from sexual exploitation

14. 14. Entitled "my own opinion"

15. 15. You have the right to Express their views

16. 16. You have the right to practice their own religion

17. 17. You have the right to associate with other

18. 18. You have a right to information

The rights of "special needs": the lives of some children are heavier than their peers. Therefore, these children need special attention and care, these include:

1. 1. Dita disabled

2. 2. Dita deprived of parental care

3. 3. Dita-refugees

4. 4. Dita in conflict with the law

THE UN CONVENTION ON THE RIGHTS OF THE CHILD READ MORE ...

"The universal Declaration of human rights" was adopted by the UN General Assembly on 10 December 1948 in Paris the Palais de Chaillot. Read more ...

General concepts about the rights of the child read More ...

The preamble (the preamble to the Convention)

 The preamble of the UN Convention on the rights of the child contains such important information as:

- children have the right to special care and assistance;

- the family is responsible for the full and harmonious development of the child;

- the child needs special safeguards, care and protection both before and after birth

- children living in exceptionally difficult conditions that require special attention;

- the importance of the traditions and cultural values of the society in which a child grows;

- the importance of international cooperation for improving the living conditions of children in every country.

Article 1 the concept of CHILD

The child is a human being before achievement of 18 years of age. The child is the person who is growing. Children are the only people on the path to adulthood. All children need a favourable environment for development and growth.

Article 2 Elimination of discrimination

All rights level for each child, regardless of race, colour, sex, language, religion, social origin. The state can not violate none of the rights. The state must actively promote the rights of the child.

Article 3 Best interests of the child

All actions concerning the child should be in the best interests of the child. If my family, or those persons who are responsible for the child, negligently perform their duties, the state must provide the child with proper care and attention.

Article 4 rights of the child

The state should take all necessary measures to implement the rights of the child. The state cannot ignore the rights of the child. All countries must cooperate to ensure that child rights are realized in everyday life. More developed countries should help the poor, economically

Article 5 the Role of parents

The state should respect the responsibilities, rights and duties of parents and families. And, at the same time, the state should require parents to raise and educate children properly.

Article 6 Right to life and development

The state recognizes the fact that every child has the inherent right to life. The state recognizes that every child has the right to healthy development.

Article 7 Name and nationality

Every child after birth has the right to a name and nationality. Every child after birth has the right to know their parents and entitled to their care.

Article 8 Right to identity

The state shall respect the child's identity, his nationality, name and family ties.

Article 9 the Separation of children from parents

The child has the right to live with their parents. If the parents are divorced, the child has the right to contact with both parents except in those cases where it is contrary to the interests of the child.

Article 10 family Reunification

The state contributes was Danny family. The state allows children and their parents the entry or exit to another country with the purpose of family reunification. The state also allows parents who live in different countries, to communicate with the child.

Article 11 Unlawful removal of the child

The state takes all necessary measures to combat the illegal export of children abroad.

Article 12 the views of the child

The state ensures the child (due to her age and maturity) the right to formulate and Express their own views on all matters. The government should pay due attention to the views of the child. The child has the right to be heard in court and administrative bodies.

Article 13 Freedom of expression

The child has the right to freely Express their thoughts. This right shall include freedom to seek, receive and impart information.

Article 14 Freedom of thought, conscience and religion

The child has the right to freedom of thought, conscience and religion. While taken into account the responsibilities, rights and duties of parents and the rules of law.

Article 15 Freedom of Association/fees

The child has the right to be a member of the Association, circle or club. The child has the right to establish associations, circles and clubs in accordance with the law.

Article 16 Right to privacy

No one may illegally interfere in the personal life of the child. The child has the right to the protection of the law against arbitrary interference with his privacy, family, her home and correspondence.

Article 17 Right to information

The state ensures the child's access to information and material from various sources, especially from sources that contribute to the proper development of the child. For example: TV, radio, Newspapers, children's literature, information in their native language, as well as information and materials from international sources. The state provides adequate protection of the child from those materials and information that are harmful to their well-being.

Article 18 parental Responsibility

Parents are equally responsible for the upbringing of the child. The state provides the parents with appropriate assistance in the performance of their duties in respect of children. The state should provide adequate care for children whose parents work.

Article 19 Protection from violence

Children have the right to protection from all forms of physical, psychological, sexual violence and exploitation within the family and outside it. The state should take all measures to prevent violence against the child. The child has the right to necessary support and assistance.

Article 20 a Child deprived of a family environment

A child who cannot live at home (temporarily or permanently) has the right to special protection. The state must provide the child with proper care in accordance with their national laws: adoption, foster care in foster care or in suitable institutions for the care of children.

Article 21 Adoption

Child adoption is allowed only when it meets the interests of the child. The adoption of a child in another country may be considered provided that there is no other, better opportunities for the child within the country.

Article 22 refugee Children

Refugee children are entitled to protection. Equal protection rights are refugee children accompanied by their parents and refugee children who are not accompanied by parents. The government should give protection to the refugee, as well as help in finding her parents or other family members.

Article 23 Children with physical and mental disabilities

Children with physical and mental disabilities have the right to special care. Disabled children need to lead a full and decent life, in conditions which ensure their normal participation in society.

Article 24 health

Every child has the right to the enjoyment of the highest attainable standard of health. The state shall pursue full implementation of this right. Special attention should be paid to:

- reduce mortality rate of infants and children;

- provide necessary medical care, in particular primary health care;

- provision of adequate food and clean drinking water;

- to provide adequate services to mothers in antenatal and postnatal periods;

- provision of information to all segments of the population in health, child nutrition, advantages of breastfeeding, hygiene and sanitation.

The government should take measures to abolish traditional practices prejudicial to the health of children. The important role of international cooperation: developed countries should help developing countries.

Article 25 stay of the child outside the family

Sometimes the child can no longer live at home. In such cases, the child is given for care in a foster family or children's Agency. For example, it happens when the child requires more care and care. Or when a child needs physical or mental therapy. The government should check how this transfer of care is needed.

Article 26 Social security

Social security is the financial support that the government provides to those in need. Every child has the right to benefit from social security.

Article 27 the standard

Every child has the right to a standard of living adequate for physical, mental and spiritual development. This includes adequate food, shelter, clothing. Parents are responsible for ensuring an adequate standard of living child. The state must take the necessary steps to assist parents in the exercise of this right.

Article 28 Education

The child has the right to education. The child must attend school. Every child has the right to free and compulsory education. The state must ensure this right. The government should also ensure the accessibility of secondary and higher education based on the abilities of each child. The state must ensure the availability of information and materials in the field of education and training. The government should take measures to reduce the number of students who have left school. The state should take all necessary measures to ensure that such a school of discipline, which is based on respect for the human dignity of the child. The provisions of the UN Convention on the rights of the child should not be violated during lessons. It is important to develop international cooperation in the field of education. Education should be accessible to all children.

Article 29 areas of education

Education shall be directed to:

- development of the child;

- respect for human rights;

- respect for parents, cultural and national values of the country;

- peace, friendship, mutual understanding;

- respect for the natural environment.

Article 30 Children from ethnic minorities

Some children belong to ethnic, religious and linguistic minorities. Such a child has the right together with other members of her group, to enjoy their own culture, language and to practise their religion.

Article 31 Leisure

Children have the right to rest. Children have the right to leisure and entertainment. Children have the right to participate in games, recreational activities, cultural life and the arts.

Article 32 Economic exploitation

The state must protect the child from those individuals who are earning money, use of child labour. Children should be protected by the state from the dangerous and heavy work. State law sets the minimum age of child for admission to employment and the necessary requirements on the duration of the working day.

Article 33 Protection from drug

Children should be protected from the use of narcotic drugs and psychotropic substances. The government should ensure that legislation protecting children from use, production and trafficking of narcotic drugs and psychotropic substances. The government should conduct an information campaign against drugs in schools and other places where often there are children.

Article 34 Sexual exploitation

Children have the right to protection from all forms of sexual exploitation and sexual rosedene, particularly prostitution and pornography.

Article 35: trafficking in children

The state should take all necessary measures to prevent child abduction, trafficking or smuggling in any form.

Article 36 Other forms of violence

Children have a right to be protected from all forms of exploitation harmful to their well-being.

Article 37 Children in prison

The government prohibits subjecting children to torture or other forms of cruel punishment. Children for crimes not assigned the death penalty or life imprisonment. The arrest, detention or imprisonment of a child shall be in accordance with the law only as a last resort and for the shortest possible period of time. Every child deprived of liberty has the right to humane treatment and respect for dignity. Children should not be behind bars with adults. Each inmate child has the right to maintain contact with his family. Each inmate child has the right to immediate legal assistance.

Article 38 Children and war

During hostilities, children have a special right to protection and care. Children under 15 years cannot take direct part in hostilities.

Article 39 the Child victim

The child victim of exploitation, abuse, torture and neglect has the right to full assistance required for physical and psychological recovery and social reintegration of the child.

Article 40 juvenile justice

The child in conflict with the law, has the right to a fair trial and legal aid. This right is also valid for a child who is suspected of violating the law. The state should provide this behavior, which does not humiliate the child's dignity, and strengthens respect for human rights and fundamental freedoms. The state should facilitate the creation of such laws, procedures, authorities and institutions of relevance to children who have infringed penal law.

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