24 main provisions of the convention on the rights of the child. Brief information about the UN Convention on the Rights of the Child. About the right to education

UN Convention on the Rights of the Child

UN Convention on the Rights of the Child- an international legal document defining the rights of children to education, enjoyment 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 document 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 fully develop their capabilities in conditions 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 countries 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 assert the priority of the interests of children over the interests of society.
• Articles 5-11 define the most important rights of children, such as the right to life, name, citizenship, the right to know their parents, the right to work for parents and to non-separation, the rights and responsibilities of parents in relation to 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, and the child’s access to the dissemination of information.
• Articles 20-26 define the list of rights of special categories of children, as well as the responsibilities of the state to protect and assist such children.
• Articles 28-31 establish children's rights to a standard of living necessary for the child's physical, mental, spiritual, moral and social development, as well as the rights to education, rest and leisure.
• Articles 32-36 establish the responsibility of the state in protecting the rights of children from exploitation, illegal drug use, abduction and trafficking of children.
• Articles 37-40 define the rights of a child in custody, as well as the rights of children to protection during armed conflicts and wars.

Second part of the Convention

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

Third part of the Convention

• Articles 46-54 indicate the solution to 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 Vatican, which is not a UN member, was able to become a party to it.

The innovation of the Convention lies primarily in the scope of 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 the Raising 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, ensure its accessibility for all children and take the necessary measures, such as introducing free education. The Convention places significant emphasis on the right to make higher education available to all, based on each individual's abilities, through all necessary means.

An integral part of education is upbringing. Thus, among the objectives 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 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, but is not limited to, foster care, adoption or, if appropriate, placement in appropriate child care facilities. When considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and the child's ethnic origin, religious and cultural affiliation and native language.”
• Article 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 it is not possible to provide any suitable care in the child’s country of origin.”
• Fundamental in ensuring the rights of children to education is Art. 29 of this document. In practice, it regulates the priorities of the goals of public education for the participating countries:

a) the development of the child’s personality, talents and mental and physical abilities 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 conscious life in a free society in the spirit of understanding, peace, tolerance, equality of men and women and friendship among all peoples, ethnic, national and religious groups, as well as indigenous people; e) fostering respect for the natural environment.

Federal legislation and regulations 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 relevant comments.
• 1993 - The Government of the Russian Federation adopted Resolution 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 Resolution 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 created a Commission for the coordination of work related to the implementation of the Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children in the Russian Federation (existed until 2004, since 2006 the Government Commission on Minors' Affairs and Protection was created 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 of September 14, 1995 “On approval of the Main Directions of State Social Policy to Improve the Situation of Children in the Russian Federation until 2000 (National Plan of Action in the Interests of Children).”
• 1995 - The Family Code of the Russian Federation was adopted.
• 1995 - Federal Law No. 98-FZ “On state support of youth and children's public associations” was adopted.
• 1997 - By Decree of the Government of the Russian Federation of September 19, 1997 No. 1207 “On federal target programs to improve the situation of children in the Russian Federation for 1998-2000,” federal target programs were approved to improve the situation of children in the Russian Federation, by Decree of the President of the Russian Federation " On the presidential program “Children of Russia” dated January 15, 1998 No. 29, these programs are combined into the “Children of Russia” program, which has been given presidential status.
• 1998 - The Second Periodic Report of the Russian Federation on the implementation of the Convention on the Rights of the Child and its annex 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 - By Decree of the Government of the Russian Federation of August 25, 2000, 10 federal target programs to improve the situation of children for 2001-2002 were approved (in connection with the expiration of the Presidential Program "Children of Russia").
• 2002 - By Decree of the Government of the Russian Federation of October 3, 2002 No. 732, the federal target program “Children of Russia for 2003-2006” was approved.
• 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 of August 22, 2004 amended the law “On Basic Guarantees of the Rights of the Child in the Russian Federation” in terms of the division of powers between the Russian Federation and the constituent entities of the Russian Federation.
• 2004 - Federal Law No. FZ-190 of December 21, 1994 amended the law “On Basic Guarantees of the Rights of the Child in the Russian Federation” in terms of the rights of children in Russia to rest and recreation.
• 2006 - Mechanisms for the implementation of priority national projects “Education” and “Health” were approved by Decrees of the President of the Russian Federation and relevant resolutions of the Government of the Russian Federation.
• 2006 - By Decree of the Government of the Russian Federation of May 6, 2006 No. 272, the Government Commission for the Affairs of Minors and the Protection of Their Rights was approved.
• 2006 - By 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 Issues was created.
• 2007 - By Decree of the Government of the Russian Federation of March 21, 2007 No. 172, the federal target program “Children of Russia for 2007-2010” was approved.
• 2007 - By order of the President of the Russian Federation in June 2007, the Government was instructed to develop a new federal target program aimed at preventing crime among children and youth, including sports and cultural events.

Literature

• Schneckendorf 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
• The 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 protecting children's rights
• Children's rights in the Russian Federation: legislation and practice
• Regulations on the Government Commission on Minors' Affairs and Protection of Their Rights

Convention on the Rights of the Child is an international set of rules defining the protection of minors, their development and freedom. The Convention was adopted in 1989. Almost all countries participating in the UN General Assembly signed it, although many did so with reservations and restrictions. The Convention is a logical development of the Declaration of the Rights of the Child, which was only an advisory document without any legal force.

The Convention on the Rights of Children consists of 54 articles and several optional protocols. Which regulate additional provisions related to children, namely the prohibition of their participation in armed conflicts, human trafficking, pornography, prostitution, and so on.

It should be noted that the Convention on the Rights of the Child has been criticized by some experts for certain nuances that allow the freedoms of children to be misinterpreted. For example, Article 16 defines the child’s right to privacy, which should not be limited by others, including parents, which can be interpreted to mean that the child has the right to engage in homosexual relations, organize orgies in the house, have abortions, and so on. But it should be noted that even with all the shortcomings and conflicts, this document still fulfills its main function - it regulates the rights of children to freedom, protection, education, and so on. Moreover, the Convention is constantly evolving, taking into account recommendations and regional characteristics, and issuing optional protocols.

A short list of fundamental rights and freedoms that are described in the Convention on the Rights of the Child:

1. A child is a minor human being who has not reached 18 years of age. The age limit may be changed in some cases. The States Parties to the Convention undertake to ensure the rights of minors and respect their interests, as well as, taking into account regional characteristics, to adapt their domestic legislation to the maximum extent possible to comply with international law. Parents must properly guide the child for his development and livelihood.
2. The child has an absolute right to life. Each state is obliged to ensure the survival of minors to the maximum extent possible. The child must be registered at birth, have a name and citizenship. At the same time, the state must respect and ensure the safety of self-identification.
3. The child should not be separated from his parents, except for procedures provided for by law. A minor cannot be deprived of contact with his parents, except in cases where this is harmful to his interests.
4. The illegal movement of children between countries and their failure to return to their homeland is not allowed; for this, states must conclude international treaties and jointly ensure the safety of minors.
5. The child has the right to have and freely formulate his own opinion, which must be taken into account, but taking into account the maturity of the person. A minor must have access to information and the ability to transfer it to other people. Restrictions on access to information must be legal. A minor has the right to freedom of conscience, religion and peaceful assembly.
6. Interference in the personal and family life, attack on the property and reputation of minors is unacceptable. A child should have free access to the media, while access to information harmful to him should be limited.
7. Parents or guardians are responsible for the development of the child. The States Parties to the Convention provide them with full support.
8. The child must be fully protected whether from physical or psychological violence. To achieve this, it is necessary to take administrative, legislative and information measures.
9. Minors who are left without parental care must be cared for by the state. At the same time, adoption must be recognized and encouraged by law.
10. Children with physical or mental disabilities should have the right to a decent life and, where possible, to take an active part in the life of the whole society. Minors have the right to the best medical care. Their standard of living must ensure physical, mental, social and moral development. Every child has the right to education. Primary education should be free. The rights of a minor from an ethnic or religious minority should not be limited.
11. The child has the right to rest and entertainment, participation in games and activities appropriate to his age. Economic exploitation cannot be used against a minor.
12. The state undertakes to take all measures to protect minors from the use of drugs and all kinds of psychotropic substances, as well as from sexual violence and the use of minors in pornographic materials. The state must protect children from abduction and smuggling, and all forms of exploitation. Also, a minor cannot be subjected to torture, or be sentenced to death or life imprisonment without the possibility of release.

The Convention on the Rights of the Child is the international law on the rights of children around the world.The Convention on the Rights of the Child was approved by the UN General Assembly in 1989 and came into force for Russia in1990

Brief version of the Convention on the Rights of the Child.

Article 1

A child is every human being under 18 years of age.

Article 2

All children have the same rights and equal value. All necessary measures are taken to ensure that the child is protected from all forms of discrimination or punishment.

Article 3

The best interests of the child are a primary consideration.

Article 4

States shall take all necessary measures to implement the rights of the child (economic, social and cultural), if necessary, within the framework of international cooperation.

Article 5

States Parties respect the responsibilities, rights and obligations of parents.

Article 6

Every child has an inalienable right to life. The survival and healthy development of the child is ensured to the maximum extent possible.

Article 7

From the moment of birth, a child has the right to a name and to acquire citizenship, the right to know his parents and the right to be cared for by them.

Article 8

The child’s right to preserve his individuality.

Article 9

States shall ensure that a child is not separated from his or her parents against their wishes. The child's right to maintain direct contact with both parents is respected, except in cases where this would be contrary to the best interests of the child.

Article 10

The right of the child and his parents to leave any country, including their own, and to return to their own country.

Article 12-15

The right to freely express one's views on all matters. The child has the right to freedom of thought, conscience, religion, and association, as well as freedom of peaceful assembly.

Article 16

The right to privacy, family life, inviolability of home or secrecy of correspondence and unlawful attacks on honor and reputation.

Article 17

States recognize the important role of the media in promoting the social, spiritual and moral well-being, as well as the healthy physical and mental development of the child. To this end, states:

a) encourage the dissemination of materials that are socially and culturally beneficial to the child;

b) encourage the production and distribution of children's literature;

c) encourage the media to pay special attention to the language needs of the child;

d) encourage the development of appropriate principles for protecting the child from information and material harmful to his or her well-being.

Article 18

Recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. In order to guarantee and promote the implementation of rights, states provide assistance to parents and legal guardians in fulfilling their responsibilities in raising children and ensure the development of a network of child care institutions.

Article 19

The right to protection from all forms of physical or psychological violence, insult or abuse.

Article 20 and 21

A child who has lost his family has the right to alternative care. When adopting, states are required to look after the best interests of the child in accordance with applicable laws.

Article 22

The right to ensure that a child seeking refugee status or considered to be a refugee has adequate protection and humanitarian assistance under the applicable rules.

Article 23

Any child with physical or mental disabilities has the right to a full and dignified life that ensures active participation in society.

Article 24

The right of the child to use the most advanced health care services and means of treating illnesses and restoring health. All countries have a responsibility to work to reduce child mortality rates, combat disease and malnutrition, and eliminate traditional and unhealthy practices.

Pregnant women and new mothers have the right to health care.

Article 26

The right to benefit from social security, including social insurance.

Article 27

The right of every child to a standard of living necessary for the physical, mental, spiritual, moral and social development of the child.

Article 28

The child’s right to education: a) free and compulsory primary education; b) development of various forms of secondary education, its accessibility for all children; introduction of free education; c) accessibility of higher education for everyone; d) a decrease in the number of students leaving school. Steps are taken to ensure that school discipline is administered in a manner that respects the human dignity of the child.

Article 29

A child’s education should be aimed at: a) developing the child’s personality, talents, mental and physical abilities; b) to instill respect for human rights and fundamental freedoms, respect to the child's parents; V) to prepare the child for conscious life; d) to develop respect for the environment.

Article 31

The child’s right to rest and leisure. The right of the child to full participation in cultural and creative life.

Article 32

The right of the child to be protected from economic exploitation and from performing any work that may pose a danger to his health.

Article 33

States take all necessary measures to protect children from the illicit use of narcotic drugs and psychotropic substances.

Article 34

Protection of the child from all forms of sexual exploitation and sexual abuse.

Article 35

The theft, sale or trafficking of children must be suppressed.

Article 36

Protecting the child from all other forms of exploitation.

Article 37

States shall ensure that:a) not a single child was tortured;b) no child has been unlawfully deprived of his liberty;c) every child deprived of his liberty has the right to immediate access to legal and other appropriate assistance.

Article 38

Persons under 15 years of age do not have the right to take direct part in hostilities.

Article 39

Promoting the physical and psychological recovery and social reintegration of a child who is a victim of any form of neglect, exploitation or abuse.

Article 40

The right of every child who has violated the criminal law to be treated in a manner that promotes his or her sense of dignity and worth, strengthens respect for the human rights and fundamental freedoms of others.

Article 41

Nothing in this Convention affects any provisions that are more conducive to the realization of the rights of the child.

Article 42

The duty to widely inform both adults and children about the principles and provisions of the Convention.

Article 43-45

Regulations on the activities of countries that have acceded to the Convention in its implementation. The UN Observatory Committee monitors the reports of the Convention countries. UN bodies and voluntary organizations also have the right to participate in informing the UN.

Articles 46-54

Rules regarding the accession of states to the Convention and the timing of their entry into force. Reservations that are contrary to the purposes and purposes of the Convention cannot be permitted.

What is a convention

The Convention on the Rights of the Child was adopted by the UN General Assembly on November 20, 1989 and entered into force on September 2, 1990, when it was signed by 20 states. It contains 54 articles that describe in detail the rights of minor children. In international law, a convention differs from a declaration in that after a country signs a document, it acquires the status of law and is considered binding. The declaration is of a recommendatory nature.

Signature and ratification

The Convention on the Rights of the Child has currently been signed by 193 countries around the world. Only the United States of America and Somalia did not sign it. The US government motivates its refusal to sign the document by the fact that it cannot guarantee its 100% and universal implementation. And Somalia’s refusal needs no comment. The Soviet Union signed the Convention in 1990 without any comments or restrictions. In our country it has the status of law.

History of creation

The Convention on the Rights of the Child was not created in a vacuum. The first attempt to legislatively draw attention to the problems of children was made in 1923, the Declaration on the Protection of Children was signed in Geneva, and in 1924 it was supported by the V Assembly of the League

United Nations. They returned to it only in 1948. The issue of children's rights then arose at one of the UN meetings. There were serious reasons for this. After World War II, millions of children were left orphans and lost their health. But the adopted document again had a declarative nature, and it also formed the basis of the convention adopted in 1989.

Optional Protocols

The Convention on the Rights of the Child is a legislative act that brings together all the rights of the child, which were scattered in different areas of law. In 2000, two more protocols were added to the Convention, the first condemns the involvement of children in armed conflicts, the second condemns the sale of children and prohibits the involvement of children in prostitution and pornography. Russia has only signed the first one so far.

Russian law on children

The rights of the child in Russia are ensured not only by the Convention, but also by our native law. Law No. 124 - Federal Law of July 24, 1998 echoes international legislation. The main principle of the Russian law on the protection of children is that the child has rights, but does not have responsibilities. The main right of a child is the right to live in a family and be raised by parents. The law primarily assigns civil and political rights to the child. Civilians are those who guarantee the protection of the state, respect

personal dignity and defense of interests (by parents, guardianship authorities), protection from exploitation and involvement in drug trafficking, protection from prostitution and pornography.

Right to education

In our state, free education is legally guaranteed. But lately everyone has been discussing school reform. If you dig deeper into it, you will notice a change in the standard of education. That is, changing the clock grid and the number of items. The question arises as to why the hours of core subjects are reduced by reducing the hours spent studying the topic. It becomes clear that the new standard is designed for gifted children who grasp everything on the fly. What should the rest of us do? Hire tutors or pay for additional classes. Will such education be free?

The main document for the protection of children's rights is the Convention on the Rights of the Child. Adopted by the UN General Assembly on November 20, 1989 and ratified by the Supreme Soviet of the USSR on June 13, 1990.

The Convention on the Rights of the Child, adopted by the UN General Assembly in 1989, defines the bearer of these rights as a person under 18 years of age. Ensuring the rights of the child is a multifunctional and complex problem, or rather a complex of interrelated problems, the solution of which largely determines the prospects for the physical survival and moral development of any society.

Comparing the Convention on the Rights of the Child with the Declaration of the Rights of the Child of 1959, the following can be noted: The Declaration contained 10 short, declarative provisions (they were called principles), the Convention has 54 articles that take into account everything related to the life and position of the child in society. The Convention on the Rights of the Child specifies the provisions of the Declaration of the Rights of the Child. The Convention, unlike the Declaration, obliges states that accede to the Convention to bear legal responsibility for their actions towards children. Countries that have ratified or acceded to the Convention on the Rights of the Child should review their national legislation to ensure that it is consistent with the provisions of the Convention. By signing the Convention, states declare their obligation to comply with these provisions and, in case of non-compliance, are responsible to the international community.

The UN Convention on the Rights of the Child was ratified by the USSR on September 15, 1990. Its implementation became the responsibility of Russia as the legal successor and successor of the USSR. Unfortunately, since the entry into force of the Convention, Russia still does not have a comprehensive and effectively functioning system for ensuring the rights of the child in any of the key parameters. Violations of children's rights are systemic. In their overwhelming majority, they are caused not so much by the ill will or irresponsibility of specific officials, but by poor organization of work, meager funding and clearly insufficient attention of government bodies to the rights of the child.

The Convention on the Rights of the Child discusses the legal framework for protecting the rights of the child in a modern educational institution; the problem of protecting children's rights and ways to solve it; implementation of children's rights in the Russian Federation; content, forms and methods of working with the teaching staff of educational institutions to protect the rights of the child.

According to Articles 42 - 45 of Part II of the Convention on the Rights of the Child, a Committee on the Rights of the Child is established, which is the highest authority in matters of protecting the rights of the child. It is intended to review progress in the implementation of obligations by participating States. The Committee consists of 10 experts from among the citizens of the participating States and has high moral character and recognized competence in the field of law. The Committee holds its sessions annually. States parties submit to it, through the UN Secretary-General, reports on measures taken to implement the rights of the child at intervals determined by the Convention. The report shall identify the factors and difficulties affecting the degree of implementation of the obligations, as well as sufficient information to provide the committee with a full understanding of the operation of the Convention in the country concerned. The Committee is also provided with reports on issues within the scope of their powers by specialized agencies, the UN Children's Fund and other UN bodies.

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

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

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

The significance of the Convention is invaluable, since it largely addresses not so much the present as the future of humanity. And this is relevant for our state, where 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, possessing all rights and freedoms
• 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, food, clothing and housing, but also that this be provided 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 a part of humanity, on the primacy of universal human values ​​and the harmonious development of the individual, on the exclusion of discrimination against individuals on any grounds or grounds. It emphasizes the priority of the interests of children and specifically highlights the need for special care of any state and society for socially deprived groups of children: orphans, disabled people, refugees, delinquents.

The Convention does not have primary or secondary articles; each article is the main one, as it affirms 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 child’s rights to education and culture;

e) children’s rights to protection in extreme situations.

Tatiana Alekseeva, Stanislav Shiro. "Convention on the Rights of the Child"