Social educator and the UN Convention on the Rights of the Child. What is the Convention on the Rights of the Child Federal legislation and by-laws of the Russian Federation in the development of the Convention

Plan:

1. Convention on the Rights of the Child

2. General provisions of the Convention on the Rights of the Child

1. Convention on the Rights of the Child is the first officially approved international document that includes a complete list of human rights: civil and political rights along with economic, social rights, which emphasizes their importance equally.

The Convention on the Rights of the Child was unanimously approved by the UN General Assembly November 20, 1989. At present, it has been ratified by all states of the world with the exception of two: the United States and Somalia.

Convention defines child as a human being until the age of 18, unless, under the law applicable to the child, he reaches the age of majority earlier.

The Convention establishes the necessary legal and moral standards for the protection of the rights of the child and does not preclude any measures to improve the rights of the child, enshrined in state treaties. The states parties to the Convention bear official and moral obligations to realize the rights of the child through administrative, legislative, legal and other measures to implement the Convention.

Basic principles of the Convention

2. The best interests of the child.

3. The right to life, survival and development.

4. Respect for the views of the child.

The main idea of ​​the Convention is the best interests of the child. The provisions of the Convention boil down to four basic requirements that should ensure the rights of children: survival, development, protection and active participation in society.

The Convention affirms a number of important social legal principles. The main one is the recognition of the child as a full-fledged and full-fledged personality. It is a recognition that children should have human rights in their own right and not as an appendage of their parents and other guardians.

Recognizing the child as an independent subject of law, the Convention covers the whole range of civil, political, economic, social and cultural rights. At the same time, she emphasizes that the exercise of one right is inseparable from the exercise of others. It proclaims the priority of the interests of children over the needs of the state, society, religion, and family.

The Convention states that the freedom necessary for the child to develop his or her intellectual, moral and spiritual abilities requires not only a healthy and safe environment, an adequate level of health care, the provision of minimum standards of food, clothing and housing, but also the provision of these first and foremost, at all times. in priority order, children.

The main provisions of the Convention include:

Every child has the inalienable right to life, and States shall ensure, to the greatest extent possible, the survival and development of the child.


Every child has the right to a name and a nationality from the moment of birth.

In all actions of the courts, social welfare institutions, administrative bodies dealing with children's problems, the best interests of the child are the primary consideration.

States shall ensure that every child enjoys all rights without any discrimination or distinction.

Children should not be separated from their parents unless this is done by the competent authorities in the interests of their well-being.

States should facilitate family reunification by allowing entry into or exit from their territory.

Parents have the primary responsibility for the upbringing of the child, but States must provide them with adequate assistance and develop a network of childcare facilities.

States must ensure that children are protected from physical or psychological harm and abuse, including sexual abuse or exploitation.

States shall provide suitable substitute care for children who have no parents. The adoption process is highly regulated and international agreements should be sought to provide guarantees and legal validity in cases where adopters intend to remove a child from the country of birth.

Children with special needs, including children without one or both parents, deprived of guardianship, street children, children with physical or mental disabilities have the right to special treatment, education and care.

The child has the right to enjoy the most advanced health care services. The State must ensure the health of all children, giving priority to preventive measures, health education and the reduction of child mortality.

Primary education should be free and compulsory.

School discipline must be maintained in a manner that reflects respect for the human dignity of the child. Education should prepare the child for a life of peace and tolerance.

Children should have time for rest, play and the same opportunities to engage in cultural and creative activities.

States must ensure that the child is protected from economic exploitation and work that may interfere with education or be detrimental to his health and well-being.

States must protect children from illicit drug use and participation in drug production or trafficking.

The death penalty or life imprisonment is not imposed for crimes committed by persons under the age of 18.

Children should be detained separately from adults; they must not be subjected to torture or cruel and degrading treatment.

No child under 15 years of age shall take any part in hostilities; children affected by armed conflict are under special protection.

Children from national (ethnic) minorities and the indigenous population should freely use the property of their own culture and mother tongue.

Children who have been ill-treated, abused, detained or neglected should receive appropriate treatment or training for their recovery and rehabilitation.

Children who become involved in violations of the criminal law must be treated in a manner that promotes their sense of dignity and worth and to facilitate their reintegration into society.

States should widely inform both adults and children about the rights contained in the Convention.

UN Convention on the Rights of the Child

UN Convention on the Rights of the Child- an international legal document that defines the rights of children to education, the use of cultural achievements, the right to rest and leisure and the provision of other services to children by UN member states. The Convention on the Rights of the Child is the first and main international legal instrument in which the rights of the child were considered at the level of international law. The document consists of 54 articles detailing the individual rights of young citizens from birth to 18 years of age to develop their full potential in an environment free from hunger and want, cruelty, exploitation and other forms of abuse. The Convention on the Rights of the Child has been ratified by all UN member states except the United States and Somalia.

History of creation

Main provisions of the Convention

First part of the Convention

  • Articles 1-4 define the concept of "child" and affirm the priority of the interests of children over the interests of society.
  • Articles 5-11 define such important rights of children as the right to life, name, citizenship, the right to know their parents, the right to work of parents and not to be separated, the rights and obligations of parents towards children.
  • Articles 12-17 set out the rights of children to express their views, their opinions, to freedom of thought, conscience and religion, association and peaceful assembly, the child's access to the dissemination of information.
  • Articles 20-26 define the list of rights for special categories of children, as well as the obligations of the state to protect and assist such children.
  • Articles 28-31 establish the rights of children to a standard of living necessary for the physical, mental, spiritual, moral and social development of the child, as well as the right to education, recreation and leisure.
  • Articles 32-36 establish the state's responsibility to protect the rights of children from exploitation, illegal drug use, kidnapping and child trafficking.
  • Articles 37-40 define the rights of a child in a place of detention, as well as the rights of children to protection during armed conflicts and wars.

Second part of the Convention

  • Articles 41-45 mention ways of informing the main provisions of the Convention and mechanisms for monitoring the implementation by the parties to the Convention.

Third part of the Convention

  • Articles 46-54 indicate the solution of procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signing by all states, so the Vatican, which is not a member of the UN, could also become a party to it.

The innovation of the Convention lies primarily in the scope of the rights defined for the child. Some of the rights were first recorded in the Convention (see Articles 12-17).

Convention on the right of the child to education and on the upbringing of children

Convention in Art. 28 guarantees children free and compulsory primary education and requires UN Member States to encourage the development of various forms of secondary education, both general and vocational, to ensure its accessibility to all children and to take the necessary measures, such as the introduction of free education. The Convention places a significant emphasis on the right to access to higher education for all on the basis of the abilities of each, with the help of all necessary means.

An integral part of education is upbringing. So among the tasks of family education, the Convention (Article 18) requires that “every possible effort is made to ensure recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. Parents, or where appropriate legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.”

  • Article 20 defines the tasks of public education of children (care for them) who have lost their parents. “Such care may include, inter alia, placement in foster care, adoption or, if necessary, placement in appropriate child care institutions. In considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and to the child's ethnic origin, religious and cultural affiliation and mother tongue."
  • Article 21 of the Convention defines the rights of a child upon adoption in another country: “adoption in another country can be considered as an alternative way of caring for a child if the child cannot be placed in foster care or placed in a family that could provide for his upbringing or adoption, and if it is not possible to provide any suitable care in the country of origin of the child.”
  • Fundamental in ensuring the rights of children to education is Art. 29 of this document. In practice, it regulates for the participating countries the priorities of the goal of public education:

(a) the development of the child's personality, talents and mental and physical abilities to their fullest potential; b) fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations; c) fostering respect for the child's parents, his cultural identity, language and values, for the national values ​​of the country in which the child lives, his country of origin and for civilizations other than his own; d) preparing the child for a conscious life in a free society in the spirit of understanding, peace, tolerance, equality between men and women and friendship between all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population; e) fostering respect for the environment.

Federal legislation and by-laws of the Russian Federation in the development of the Convention

  • 1993 The UN Committee on the Rights of the Child at its 62nd, 63rd and 64th meetings, held on January 21 and 22, 1993, considered the Initial Report of the Russian Federation on the implementation of the Convention on the Rights of the Child submitted in accordance with Article 44 and adopted the relevant comments.
  • 1993 - The Government of the Russian Federation adopted Decree No. 848 of August 23, 1993 "On the implementation of the UN Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children."
  • 1993 - The Government of the Russian Federation, by Decree No. 1977 of October 23, 1993, approved the Regulations "On the Commission for the Coordination of Work Related to the Implementation of the UN Convention on the Rights of the Child and the World Declaration on Ensuring the Survival, Protection and Development of Children in the Russian Federation."
  • 1993 - The Government of the Russian Federation established the Commission for the Coordination of Work Related to the Implementation of the Convention on the Rights of the Child and the World Declaration on Ensuring the Survival, Protection and Development of Children in the Russian Federation (existed until 2004, since 2006 their rights, as well as the Government Commission on the Rights of the Child in the Russian Federation).
  • 1994 - The President of the Russian Federation, by Decree No. 1696 of August 18, 1994, approved the Presidential Program "Children of Russia".
  • 1995 - The President of the Russian Federation signed Decree No. 942 dated September 14, 1995 "On the Approval of the Main Directions of the State Social Policy to Improve the Situation of Children in the Russian Federation until the Year 2000 (National Plan of Action in the Interests of Children)".
  • 1995 - The Family Code of the Russian Federation is adopted.
  • 1995 - The Federal Law of 98-FZ "On State Support for Youth and Children's Public Associations" was adopted.
  • 1997 - Decree of the Government of the Russian Federation of September 19, 1997 No. 1207 "On federal targeted programs to improve the situation of children in the Russian Federation for 1998-2000" approved federal targeted programs to improve the situation of children in the Russian Federation, Decree of the President of the Russian Federation " On the presidential program "Children of Russia" dated January 15, 1998, No. 29, these programs were combined into the program "Children of Russia", which was given the status of a presidential program.
  • 1998 - The Second Periodic Report of the Russian Federation on the implementation of the Convention on the Rights of the Child and an annex to it were approved.
  • 1998 - the State Duma of the Russian Federation, and the President of the Russian Federation approved the Federal Law of July 4, 1998 No. 98-FZ "On Basic Guarantees of the Rights of the Child in the Russian Federation"
  • 2000 - Decree of the Government of the Russian Federation of August 25, 2000 approved 10 federal targeted programs to improve the situation of children for 2001-2002 (due to the expiration of the Presidential program "Children of Russia").
  • 2002 - Decree of the Government of the Russian Federation dated October 3, 2002 No. 732 approved the federal target program "Children of Russia for 2003-2006".
  • 2002 - The Third Periodic Report on the implementation by the Russian Federation of the UN Convention on the Rights of the Child (1998-2002) was approved.
  • 2004 - Federal Law No. FZ-122 dated August 22, 2004 amended the law "On Basic Guarantees of the Rights of the Child in the Russian Federation" in part, the delimitation of powers between the Russian Federation and the constituent entities of the Russian Federation.
  • 2004 - Federal Law No. FZ-190 dated December 21, 1994 amended the law "On the Basic Guarantees of the Rights of the Child in the Russian Federation" in terms of the rights of the child in Russia to rest and recreation.
  • 2006 - Approved by Decrees of the President of the Russian Federation and relevant resolutions of the Government of the Russian Federation mechanisms for the implementation of priority national projects "Education", "Health".
  • 2006 - Decree of the Government of the Russian Federation dated May 6, 2006 No. 272 ​​approved the Government Commission on juvenile affairs and the protection of their rights.
  • 2006 - By a joint order of the Ministry of Health and Social Development of Russia, the Ministry of Education and Science of Russia, the Ministry of Culture of Russia dated June 28, 2006 No. 506/168/294, an Interdepartmental Commission on Family and Children was established.
  • 2007 - Decree of the Government of the Russian Federation dated March 21, 2007 No. 172 approved the federal target program "Children of Russia for 2007-2010".
  • 2007 - By order of the President of the Russian Federation in June 2007, the Government was instructed to develop a new federal targeted program aimed at preventing delinquency among children and youth, including sports and cultural events.

Literature

  • Shneckendorf Z.K. Guide to the Convention on the Rights of the Child. - M., 1997.

see also

  • European Convention for the Protection of Human Rights and Fundamental Freedoms
  • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography ()

Links

  • Official text of the Convention on the Rights of the Child in Russian
  • Swedish organization Save the Children (Rädda Barnen) is at the forefront of support for the Convention on the Rights of the Child
  • Activities of international bodies in the protection of the rights of the child
  • Children's rights in the Russian Federation: legislation and practice
  • Regulations on the Government Commission for Juvenile Affairs and the Protection of Their Rights

Anastasia Sadieva
The social educator and the UN Convention on the Rights of the Child

1. UN Convention on the Rights of the Child.

Convention(from lat. contract, agreement)- An international treaty rule, at the level governments as intergovernmental state agreements; one of the codifications of the international rights at the UN.

UN convention"O rights of the child» - adopted and opened for signature and accession by resolution 44/25 of the UN General Assembly of November 20, 1989. Entered into force on September 2, 1990. Ratified by the Supreme Soviet of the USSR on July 13, 1990. It entered into force for the USSR on September 15, 1990 and retains its status in the Russian Federation.

State Parties conventions take into account the guidance in the Declaration child rights: « child due to his physical and mental immaturity, needs special protection and care, including proper legal protection both before and after birth. They refer to the provisions of the Declaration on social legal principles relating to the protection and well-being of children, especially in foster care and adoption at the national and international levels, the Minimum Standard UN rules concerning administration of justice for minors ( "Beijing regulations» ) and the Declaration on the Protection of Women and Children in Emergencies and in Armed Conflict. Consider the importance of the traditions and cultural values ​​of each nation for the protection and harmonious development child.

SUMMARY OF ARTICLES RELATED TO RIGHTS OF THE CHILD.

Articles 1-4 define the concept « child» (every human being under the age of 18, affirm one of the basic principles conventions- the priority of the interests of children over the interests of society; emphasize the need for a non-discriminatory approach and indicate the legislative and administrative guarantees of the state to ensure the provisions mentioned in rights conventions.

Articles 5 to 11 define children's right to life, name, citizenship; maintaining their individuality; right know your parents and right on their care and inseparability; right and the responsibility and obligation of parents (same for both); right for family reunification.

Articles 12-17 are of a special nature, since they set out rights children to express their views, their opinions, to freedom of thought, conscience and religion, associations and peaceful assemblies, access child to the collection and distribution of information. Rights set out in this block of articles have never been declared in international acts before.

Articles 20-26 define the list rights children of especially disadvantaged categories and the obligation to protect and assist such children: orphans and deprived of parental care, refugees, mentally and (or) physical relationship; also note rights children to an appropriate level of medical care, and children in need to social assistance.

Articles 28-31 set out child's right to education, including receiving free and mandatory elementary school, to ensure school discipline through methods that reflect respect for human dignity child; obtaining education of the appropriate content; right minorities to enjoy their ethnic, religious and linguistic culture; right children for rest and leisure.

Articles 32-36 define child rights to protection by the state, from economic, sexual and any other exploitation, from the illegal use of narcotic drugs, psychotropic substances; from kidnapping and child trafficking.

Articles 37-40 establish child rights in case they commit offenses or crimes; serving a sentence and social reintegration, as well as right for protection during armed conflicts and wars.

Articles 41-45 refer to the second part conventions and determine the means of information about its content and the mechanism for monitoring its implementation by the states that have ratified Convention. The establishment of the International Committee for rights of the child with very broad powers.

Articles 46-54 refer to the third part conventions and determine procedurally legal problems, acceptance and compliance by states with the requirements UN conventions.

What is the benefit in work social educator has a UN Convention document

"O rights of the child» ?

School social teacher

First of all, he is a specialist who carries out an information and intermediary function. It is worth remembering that the security-protective and guardianship function is most often present in the work of the SP of the school. By using UN conventions"O rights of the child» social educator can clearly, relying on this document, convey the pava child as children themselves and their parents through individual and group conversations. When working with difficult families and adolescents, this document helps not only to clarify children's rights, but also to operate with them in court, for example, when depriving parents of parental rights.

Social teacher working in orphanages, boarding schools

UN convention"O rights of the child» assists the joint venture in solving legal and litigation against their wards in administrative and judicial proceedings.

Social teacher, working at Family and Adolescent Care Centers

Children with impaired dignity most often end up in such centers. The reasons may be different, including cruelty (physical, sexual, moral, Convention on the Rights of the Child is the document by which the joint venture can guarantee child not only protection but also help in punishing the offender. Working with a family that may have problems of a national, ethnic and religious nature, the SP also relies on agreements conventions, where it is clearly stated the rights of the child in such situations.

Social teacher working in specialized children's institutions

AT conventions"O rights of the child» talks about children in deprivileged categories, in particular with mental and (or) physical abnormalities. This document allows the joint venture to defend rights such children at the international level, in particular at social and medical care, as well as right receive free primary education.

In this way, UN convention"O rights of the child» helps the SP in working with different categories of children and families. Based on this document, the SP can at the international level express rights children and operate on them in court when defending child rights.

Convention was the fruit of ten years of work of many specialists. The first draft of the Convention was presented to the UN Commission on Human Rights in 1978. Not only representatives of states and intergovernmental organizations of the UN structure, but also scientists, as well as non-governmental organizations took part in the development of the document. 2 Even then, the need to give the rights of children the force of the norms of treaty law became obvious. But only ten years later, on November 20, 1989, the United Nations General Assembly unanimously approved resolution No. 44/25, thereby adopting the Convention on rights child. On the day the Convention was opened for signature, January 26, 1990, 61 countries signed it, which was a kind of record. 3

Since the adoption of the Convention on rights child in 1989 fifteen years have passed.

Currently Convention is the most widely recognized international human rights instrument. Its jurisdiction is universal in the truest sense of the word. As at 30 January 2004, the closing date of the thirty-fifth session of the Committee on the Rights of the Child, there were 192 States parties to the Convention. 6

Convention enshrines the various rights of the child - civil, political, economic, social and cultural, never before united in a single document. It reflects a compromise between different legal and philosophical approaches, international and national political interests. Its provisions take into account the diversity of cultures, traditions, religions, levels of economic development of various countries. All this, as well as the existence of a mechanism for monitoring compliance with the provisions of the Convention, makes this document a unique tool for protecting the rights of the child.

Convention not only identifies the child as a person with specific rights, but also makes it possible for the child to protect his or her rights through national judicial or administrative procedures (art. 12). It is the introduction of the principle of turning the child from a passive object of "protection" into an active subject that is one of the most significant contributions made by the Convention to international human rights law.

When developing the Convention, the leading principle of the UN Declaration "On rights child” (1959) – the best interests of the child. The fact that it is through this principle that all the rights of the child are revealed is recognition of the possibility of a conflict between some of the rights of the child and the rights and obligations of parents / guardians and even the state. Convention not only affirms the priority of the interests of children, but also considers as a principle the observance of the rights and interests of all children without any exceptions or any discrimination. At the same time, it is important not to forget that the principle of non-discrimination does not at all require that children be treated exactly the same in all cases. So, according to Art. 5, 12, of the Convention, the implementation of a number of the rights of the child depends on his age, maturity and degree of his development; and according to Art. 20, 23, special needs are recognized by the Convention for persons with disabilities and children permanently or temporarily deprived of a family.

The Russian Federation has ratified the Convention on rights child August 16, 1990 7 Additionally, on February 15, 2001, Russia signed the Optional Protocol to the Convention on rights on the involvement of children in armed conflict, reaffirming its commitment in this area to the protection of the rights of the child.

Convention on the Rights of the Child

For the purposes of this Convention, a child is every human being under the age of 18, unless, under the law applicable to the child, the majority is reached earlier.

The central idea of ​​the Convention is the requirement “in the best interests of the child” and, unlike earlier adopted documents, it has the force of international law.

All its provisions boil down to four requirements that ensure the rights of children:survival, development, protection and active participation in society.

The significance of the Convention is invaluable, since it is largely directed not so much to the present as to the future of mankind. And this is true for our state, in which more than 32 million children live.

The Convention on the Rights of the Child affirms a number of social and 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, society, family, religion.

The Convention states that the freedom necessary for the child to develop his moral and spiritual abilities requires not only a healthy and safe environment, an appropriate level of medical care, provision of food, clothing and housing, but also providing this as a priority at all times, regardless of condition development of the state.

The Convention is a document of high social and moral significance, based on the recognition of any child as part of humanity, on the primacy
universal values ​​and the harmonious development of the individual, on the exclusion of discrimination of the individual for any motives and characteristics. It emphasizes the priority of the interests of children, specifically highlights the need for special care of any state and society for socially deprived groups of children: orphans, the disabled, refugees, and offenders.

There are no main and secondary articles in the Convention, each article is the main one, as it affirms the specific rights and freedoms of the child, specific mechanisms for their protection.

For a deeper understanding of the provisions of the Convention, it is advisable to distribute all the rights of the child enshrined in it into groups. The following structure of these groups seems to be the most optimal:

a) personal (civil) rights of children;
b) social rights of the child;
c) political rights;
d) the right of the child to education and culture;
e) the rights of children to protection in an emergency situation.

Your Rights and Responsibilities

Since birth

Having been born, the child acquires the right to citizenship, has legal capacity under civil law, has the right to a given name, patronymic and surname, has the right to live and be brought up in a family, know his parents, receive from them the protection of his rights and legitimate interests.
A bank account can be opened in the child's name.
A one and a half year old citizen has the right to attend a nursery.

3 years

A three-year-old citizen has the right to attend kindergarten.

6 years

Six year old citizen:

  1. the right to attend school;
  2. has the right to independently conclude:

Small household transactions;
- transactions aimed at gratuitous profit, not requiring notarization or state registration;
- transactions for the disposal of funds provided by the legal representative or, with his consent, by a third party for a specific purpose or for free disposal.

8 years

An eight-year-old citizen can join children's public associations.

10 years

Ten Year Citizen:

  1. gives consent to change his name and (or) surname;
  2. gives consent to his adoption or transfer to a foster family, or to the restoration of parental rights of his parents;
  3. expresses his opinion about which of his parents who are dissolving the marriage in court, he would like to live after the divorce;
  4. entitled to be heard in any judicial or administrative proceeding.

States Parties shall respect and ensure all the rights provided for in this Convention to every child within their jurisdiction, without discrimination of any kind, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property status, state of health and birth of the child, his parents or legal guardians, or any other circumstances.

The child has individual rights

H inalienable right to life, survival and healthy development (art. 6).

H but registration from the moment of birth, in the name, acquisition of citizenship, knowledge of parents and their care (Article 7).

H but the preservation of one's individuality (v. 8).

H but maintaining ties with parents in case of separation from them (vv. 9-10).

H but the free expression of one's views on all matters affecting the child (if he is able to formulate them) (art. 12).

H and private life, family life, inviolability of the home and secrecy of correspondence, to the protection of the law from unlawful encroachment on his honor and reputation (Article 16).

H a protection from all forms of physical and psychological violence, abuse or abuse, abuse or exploitation, including sexual abuse by parents, legal guardians, illegal use of narcotic drugs and psychotropic substances, sexual exploitation, torture and cruelty, inhuman or degrading types of treatment (Art. 19, 33, 34, 35, 37).

H and the prevention of deprivation of liberty in an unlawful or arbitrary manner. Neither the death penalty nor life imprisonment with no possibility of release is imposed for crimes committed by persons under the age of 18 (art. 37).

H and protection against conscription for military service of children under the age of 15 years, preventing the participation of children under the age of 15 in direct hostilities.

R A child who has violated criminal law has the right to be treated in such a way that promotes the development of a sense of dignity and worth in him, strengthens his respect for the human rights and fundamental freedoms of others (Article 40).

The child is guaranteed social rights

H and the special protection and assistance provided by the state in the event that the child is temporarily or permanently deprived of his family environment or, in his own best interests, cannot remain in such an environment (art. 20).

H and the use of the most advanced health care services and means of treating illness and restoring health (Article 24).

H a full life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society in case the child is mentally or physically handicapped (art. 23).

H and the use of the benefits of social security, including social insurance (art. 26).

H but the standard of living necessary for physical, mental, spiritual, moral and social development (v. 27).

UN Convention on the Rights of the Child- an international legal instrument that defines the rights of children in the participating States. The Convention on the Rights of the Child is the first and main binding international legal instrument dealing with a wide range of children's rights. The document consists of 54 articles detailing the individual rights of persons from birth to 18 years of age (unless the age of majority is earlier under applicable laws) to develop their full potential in conditions free from hunger and want, cruelty, exploitation and other forms of abuse. Parties to the Convention on the Rights of the Child are the Holy See, Palestine and all UN member states

First part

    Articles 1-4 define the concept of a “child”, affirm the priority of the interests of children and the obligation of States Parties to take measures for the non-discriminatory enjoyment of the rights enshrined in the Convention.

    Articles 5-11 define the list of rights to life, name, citizenship, the right to know one's parents, the right to parental care and non-separation, the rights and obligations of parents towards children.

    Articles 12-17 set out the rights of children to express their views, their opinions, to freedom of thought, conscience and religion, association and peaceful assembly, the child's access to the dissemination of information.

    Articles 18-27 define the obligations of the state to assist parents and legal guardians, as well as to protect children from abuse by those who care for them, the rights of children deprived of a family environment or adopted, mentally or physically handicapped, refugees, children's right to health care , social security and the standard of living necessary for their development.

    Articles 28-31 establish the rights of children to education, the use of their native language and culture, the practice of their religion, rest and leisure.

    Articles 32-36 establish the responsibility of the state in protecting the rights of children from exploitation, illegal drug use, seduction, kidnapping and child trafficking.

    Articles 37-41 prohibit the use of the death penalty and life imprisonment without the possibility of release for crimes committed before the age of 18, prohibit torture and humiliating punishment of children, define the rights of the child when accused of a criminal act or imprisonment, as well as the rights of children to protection during armed conflicts and wars. States undertake to take steps towards the rehabilitation and social reintegration of child victims of neglect, exploitation or abuse, and reserve the right to protect the rights of the child to a higher degree than provided by the Convention.

The second part

    Articles 42-45 describe the Committee on the Rights of the Child, its structure, functions, rights and obligations, and oblige states to inform children and adults about the principles and provisions of the Convention.

The third part

    Articles 46-54 indicate the solution of procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signature by all states, so the Holy See, which is not a member of the UN, could also become a party to it.

The innovation of the Convention lies primarily in the scope of the rights defined for the child. Some of the rights were first recorded in the Convention.

On the right to education

Convention in Art. 28 guarantees children free and compulsory primary education and requires UN Member States to encourage the development of various forms of secondary education, both general and vocational, to ensure its accessibility to all children and to take the necessary measures, such as the introduction of free education.

About raising children

An integral part of education is upbringing. Thus, among the tasks of family education, the Convention (Article 18) requires that “every possible effort be made to ensure recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. Parents, or where appropriate legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.”

    Art. 20 defines the tasks of public education of children (care for them) who have lost their parents. “Such care may include, inter alia, placement in foster care, adoption or, if necessary, placement in appropriate child care institutions. In considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and to the child's ethnic origin, religious and cultural affiliation, and mother tongue."

    Art. 21 of the Convention defines the rights of a child upon adoption in another country: “adoption in another country may be considered as an alternative way of caring for a child if the child cannot be placed in foster care or placed in a family that could provide for his upbringing or adoption, and if provision of any suitable care in the country of origin of the child is impossible.”

    Fundamental in ensuring the rights of children to education is Art. 29 of this document. In practice, it regulates for the participating countries the priorities of the goal of public education:

a) development of the personality, talents, mental and physical abilities of the child to their fullest extent; b) fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations; c) fostering respect for the child's parents, his cultural identity, language and values, for the national values ​​of the country in which the child lives, his country of origin and for civilizations other than his own; d) preparing the child for a conscious life in a free society in the spirit of understanding, peace, tolerance, equality between men and women and friendship between all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population; e) fostering respect for the environment.

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