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, privacy of home or 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 or her health.
Article 33
States take all necessary measures to protect children from the illegal 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.
Convention on the Rights of the Child (summary)
The Convention is an international document recognizing all human rights for children from 0 to 18 years of age. Adopted November 20, 1989.
The Convention is a legal document of a high international standard. It proclaims the child to be a full-fledged person, an independent subject of law. There has never been such an attitude towards a child anywhere. By defining children's rights, which reflect the full range of civil, political, economic, social and cultural human rights. The Convention also establishes legal norms of state responsibility, creates a special control mechanism (UN Committee on the Rights of the Child) and vests it with high powers.
The Convention is a document of the highest pedagogical significance. She calls on both adults and children to build their relationships on moral and legal standards, which are based on genuine humanism and democracy, respect and caring attitude towards the child’s personality, his opinion and views. They should be the basis of pedagogy, education and the decisive elimination of the authoritarian style of communication between an adult and a child, a teacher and a student. At the same time, the Convention affirms the need to develop in the younger generation a conscious understanding of the laws and rights of other people, and a respectful attitude towards them.
The ideas of the Convention should introduce many fundamentally new things not only into our legislation, but above all into our consciousness. The main idea of Convection is to ensure the best interests of the child. ITS situation boils down to four essential requirements that must ensure the rights of children: survival, development, protection and ensuring active participation in society. Convection affirms a number of important social legal principles, the main one of which is the recognition of the child as a full-fledged and full-fledged person. It is a recognition that children should have human rights in their own right, and not as an appendage of their parents or guardians. According to the Convection, a child is every human being under 18 years of age, unless national law establishes an earlier age of majority. Recognizing the child as an independent subject of law, the Convection covers the entire range of civil, political, economic, social and cultural rights. At the same time, she emphasizes that the implementation of one right is inseparable from the implementation 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 intellectual, moral and spiritual abilities requires not only a healthy but also a safe environment, an adequate level of health care, and provision of minimum standards of food, clothing and housing. Moreover, these rights must be given to children first, always as a matter of priority.
Since the Convention on the Rights of the Child came into force on the territory of our state on September 15, 1990, the provisions of this Convention must be respected.
Article 1 Definition of a child. A person under 18 years of age is considered a child and has all the rights contained in this Convention.
Article 2 Non-admission and prevention of discrimination. Every child, regardless of race, color, sex, religion or social origin, has the rights provided for in this Convention and should not be discriminated against.
Article 3 Respect for the interests of the child. When making decisions, the state must ensure the interests of the child and provide him with protection and care.
Article 4 Realization of rights. The state must implement all the rights of the child recognized by this Convention.
Article 5 Education in the family and development of the child’s abilities. The state must take into account the rights, duties and responsibilities of parents when raising a child.
Article 6 Right to life and development. Every child has the right to life and the state is obliged to ensure his healthy mental, emotional, mental, social and cultural development.
Article 7 Name and nationality. Every child has the right to a name and nationality at birth, and the right to know and count on his or her parents.
Article 8 Preservation of individuality. The state must respect the child’s right to preserve his individuality and must help the child in the event of their deprivation.
Article 9 Separation from parents. A child should not be separated from his parents unless it is in his best interests. In cases of state separation from one or both parents, the state must provide all necessary information about the whereabouts of his parents (except in cases where this could cause harm to the child).
Article 10 Family reunification. If the child and parents live in different countries, then they should all be able to cross the borders of these countries in order to maintain personal relationships.
Article 11 Illegal movement. The state must prevent the illegal removal of children from the country.
Article 12 Views of the child. A child, in accordance with his age, has the right to freely express his views on all issues affecting him.
Article 13 Freedom of opinion. The child has the right to freely express his opinion, receive and transmit information, as long as this does not harm other people or violate state security and public order.
Article 14 Freedom of thought, conscience and religion. The state must respect the child’s right to freedom of thought, conscience and religion.
Article 15 Freedom of Association. Children have the right to meet and form groups as long as it does not harm others or disrupt public safety and order.
Article 16 Protection of the right to privacy. Every child has the right to privacy. No one has the right to harm his reputation, or enter his house and read his letters without permission.
Article 17 Access to necessary information. Every child has the right to access information. The state should encourage the media to disseminate materials that promote the spiritual and cultural development of children and prohibit access to information that is harmful to the child.
Article 18 Parental responsibility. Parents bear equal responsibility for the upbringing and development of the child. The state must provide parents with adequate assistance in the upbringing and development of children and ensure the development of a network of child care institutions.
Article 19 Protection from abuse. The state must protect the child from all types of violence, neglect and abuse by parents or others, including helping a child who has been abused by adults.
Article 20 Protection of a child deprived of a family. If a child is deprived of his family, he has the right to count on special protection from the state. The state can hand over the child to be raised by those people who respect his native language, religion and culture.
Article 21 Adoption. The state must ensure that when adopting a child, his interests and guarantees of his legal rights are strictly observed.
Article 22 Refugee children. The state must provide special protection to refugee children, including assistance in obtaining information, humanitarian assistance and facilitation of family reunification.
Article 23 Disabled children. Every child, whether mentally or physically disabled, has the right to special care and a life of dignity.
Article 24 Healthcare. Every child has the right to protect their health: to receive medical care, clean drinking water and nutritious food.
Article 25 Assessment during care. The state must regularly check the living conditions of the child in care.
Article 26 Social security. Every child has the right to enjoy social benefits, including social insurance.
Article 27 Standard of living. Every child has the right to a standard of living necessary for his physical, mental, spiritual and moral development. The state must help those parents who cannot provide their children with the necessary living conditions.
Article 28 Education. Every child has the right to education. Schools must respect children's rights and respect their human dignity. The state must ensure that children attend school regularly.
Article 29 Purpose of education. Educational institutions must develop the child’s personality, his talents, mental and physical abilities, and educate him in the spirit of respect for his parents, understanding, peace, tolerance, and cultural traditions.
Article 30 Children belonging to minorities and indigenous populations. If a child belongs to an ethnic, religious or linguistic minority, he has the right to speak his native language and observe his native customs and practice his religion.
Article 31 Rest and leisure. Every child has the right to rest and play, as well as to participate in cultural and creative life.
Article 32 Child labor. The state must protect children from dangerous, harmful and backbreaking work. Work should not interfere with the education and spiritual and physical development of the child.
Article 33 Illegal use of narcotic drugs. The state must do everything possible to protect children from the illegal use of drugs and psychotropic substances, and to prevent children from participating in the production and trade of drugs.
Article 34 Sexual exploitation. The state must protect children from all forms of sexual violence.
Article 35 Trade, smuggling and theft. The state must fight with all its might against the abduction, smuggling and sale of children.
Article 36 Other forms of exploitation. The state must protect the child from any actions that may harm him.
Article 37 Torture and deprivation of liberty. The State shall ensure that no child is subjected to torture, ill-treatment, unlawful arrest or imprisonment. Every child deprived of his liberty has the right to maintain contact with his family, to receive legal assistance and to seek protection in court.
Article 38 Armed conflicts. The state should not allow children under 15 to join the army or directly participate in hostilities. Children in conflict zones should receive special protection.
Article 39 Restorative care. If a child is a victim of abuse, conflict, torture or exploitation, the state must do everything possible to restore his health and self-esteem.
Article 40 Administration of juvenile justice. Every child accused of breaking the law has the right to basic guarantees, legal and other assistance.
Article 41 Application of the highest standards. If the legislation of a particular country protects the rights of the child better than this Convention, then the laws of that country should apply.
Article 42 Compliance and entry into force. The State must disseminate information about the Convention to adults and children.
Articles 43-54 include the norm that adults and the state must jointly ensure all children's rights.
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?
Convention was the fruit of ten years of work by many specialists. The first draft of the Convention was submitted to the UN Commission on Human Rights in 1978. Not only representatives of states and intergovernmental organizations of the UN structure, but also scientists and non-governmental organizations took part in the development of the document. 2 Even then, the need to give children's rights the force of treaty law became apparent. 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 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 the child in 1989 was fifteen years old.
Currently Convention is the most widely recognized international document on human rights issues. Its jurisdiction is universal in the truest sense of the word. As of January 30, 2004, the closing date of the thirty-fifth session of the Committee on the Rights of the Child, 192 states were parties to the Convention. 6
Convention enshrines various rights of the child - civil, political, economic, social and cultural, which have never previously been combined 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, and levels of economic development of different 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 instrument for protecting the rights of the child.
Convention not only identifies the child as a person entitled to specific rights, but also makes it possible for the child to protect his rights through national judicial or administrative procedures (Article 12). It is the introduction of the principle of transforming 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 contradiction between some of the rights of the child and the rights and responsibilities of parents/guardians and even the state. Because of this 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 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 rights of the child depends on his age, maturity and degree of development; and according to Art. Art. 20, 23, special needs are recognized by the Convention for disabled people 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 protecting 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 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
universal human values and harmonious development of the individual, excluding discrimination of the individual based on any motives or characteristics. 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.
Your rights and responsibilities From birth Having been born, a child acquires the right to citizenship, has legal capacity under civil law, has the right to a first name, patronymic and last name, has the right to live and be raised in a family, to know his parents, to receive from them protection of his rights and legitimate interests. 3 years A three-year-old citizen has the right to attend kindergarten. 6 years Six-year citizen:
Small household transactions; 8 years An eight-year-old citizen can join children's public associations. 10 years Ten-year citizen:
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States Parties shall respect and ensure all 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, health and birth of the child, his parents or legal guardians or any other circumstances.
The child has personal rights N The inalienable right to life, survival and healthy development (Article 6). N and registration from the moment of birth, in the name, acquisition of citizenship, knowledge of parents and their care (Article 7). N but the preservation of one’s individuality (v. 8). N and maintaining connections with parents in the event of separation from them (vv. 9-10). N but the free expression of one’s views on all matters affecting the child (if he is able to formulate them) (Article 12). N and personal life, family life, inviolability of home and secrecy of correspondence, to the protection of the law from illegal attacks on his honor and reputation (Article 16). N and protection from all forms of physical and psychological violence, insult or abuse, maltreatment or exploitation, including sexual abuse by parents, legal guardians, from illegal use of narcotic drugs and psychotropic substances, sexual exploitation, from torture and cruelty, inhuman or degrading types of treatment (Articles 19, 33, 34, 35, 37). N and preventing deprivation of liberty in an unlawful or arbitrary manner. Neither the death penalty nor life imprisonment without the possibility of release are imposed for crimes committed by persons under 18 years of age (Article 37). N and protection from conscription for military service of children under the age of 15, preventing the participation of children under 15 years of age in direct hostilities. R A child who has violated criminal law has the right to be treated in a manner that promotes his sense of dignity and worth and strengthens his respect for the human rights and fundamental freedoms of others (Article 40). The child is guaranteed social rights N and special protection and assistance provided by the state in the event that a child is temporarily or permanently deprived of his family environment or, in his own best interests, cannot remain in such an environment (Article 20). N and the use of the most advanced health care services and means of treating illness and restoring health (Article 24). N and a full life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in the life of society if the child is mentally or physically disabled (Article 23). N and the use of social security benefits, including social insurance (Article 26). N but a 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 document defining the rights of children in member states. The Convention on the Rights of the Child is the first and main international legal document of a binding nature, dedicated to a wide range of rights of the child. The document consists of 54 articles detailing the individual rights of every human being, until he reaches the age of 18 (unless the age of majority is earlier under applicable laws), to the full development of his capabilities in an environment free from hunger and want, cruelty, exploitation and other forms of abuse. The parties to the Convention on the Rights of the Child are the Holy See, Palestine and all UN member countries except the United States.
History of creation
On the 20th anniversary of the adoption of the Declaration of the Rights of the Child, the UN declared 1979 the International Year of Children. To commemorate this, a number of legal initiatives were put forward, including a proposal made in 1978 by Poland to consider a draft Convention on the Rights of the Child at the UN Human Rights Commission. The author of the original project was the Polish professor of international relations A. Lopatka. Work on the text of the draft Convention took ten years and was completed in 1989, exactly thirty years after the adoption of the Declaration of the Rights of the Child.
During the work on the Convention and after its adoption by the General Assembly, meetings were organized with the participation of UN organizations, bodies and specialized agencies in order to attract attention and disseminate information about the Convention, which has global significance for the implementation of human rights - the rights of children. The Convention was adopted by resolution 44/25 of the UN General Assembly on November 20, 1989, and the signing of the Convention began on January 26, 1990. The Convention entered into force on September 2, 1990, after being ratified by twenty states. At the Vienna Conference on Human Rights in 1993, it was decided that by 1995 the Convention would become universal for all States.
Article 43, paragraph 2, of the Convention was amended in 1995 and entered into force in 2002.
In 1996, on the initiative of France, the day the UN General Assembly adopted the text of the Convention, it was decided to celebrate November 20 annually as Children's Rights Day.
In 2000, two optional protocols to the convention were adopted and entered into force in 2002 - on the participation of children in armed conflict (161 participating countries as of October 2015) and on the sale of children, child prostitution and child pornography (174 participating countries as of July 2018).
In December 2011, the UN General Assembly adopted the third optional protocol, which was opened for signature in 2012 and entered into force in 2014, reaching the number of ten participating countries. The Protocol provides for the possibility of consideration by the Committee on the Rights of the Child of complaints of violations of the Convention against countries party to the Protocol. As of September 2016, 28 countries participate in the third protocol.
Basic provisions
First part
- Articles 1-4 define the concept of “child”, affirm the primacy of the interests of children and the obligation of states parties to take measures to ensure that the rights enshrined in the Convention are free from discrimination.
- 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 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 18-27 define the duties of the state to assist parents and legal guardians, and to protect children from abuse by those caring for them, the rights of children deprived of a family environment or adopted, mentally or physically disabled, refugees, children's rights to health care , social security and the standard of living necessary for their development.
- Articles 28-31 establish children's rights to education, use of their native language and culture, 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, abduction and trafficking of children.
- Articles 37-41 prohibit 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 a child when accused of criminal acts or imprisonment, as well as the rights of children to protection during armed conflicts and wars. States undertake to take measures for 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 the higher degree provided for in the Convention.
Second part
- Articles 42-44 introduce the Committee on the Rights of the Child, its structure, functions, rights and responsibilities, and oblige states to inform children and adults about the principles and provisions of the Convention.
The third part
- Articles 45-54 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 Holy See, 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 [ ] .
About the right to education
The Convention in Article 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 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 in intercountry adoption: “intercountry adoption may be considered as an alternative means of caring for a child if the child cannot be placed in foster care or placement with a family that could provide care or adoption, and if it is not possible to provide any suitable care in the child’s country of origin.”
Article 29 of this document is fundamental in ensuring the rights of children to education. In practice, it regulates the priorities of the goals of public education for the participating countries:
- development of the child’s personality, talents, mental and physical abilities to their fullest extent;
- fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations;
- 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;
- preparing the child for conscious life in a free society in the spirit of understanding, peace, tolerance, equality of men and women and friendship between all peoples, ethnic, national and religious groups, as well as indigenous people;
- fostering respect for the natural environment.
Convention in Russia
see also
Notes
- List of States Parties to the Convention on the Rights of the Child (English)
- 31/169. International Year of Children // Official Records of the General Assembly: Thirty-First Session. - New York: UN, 1976. - T. V: Resolutions adopted on the reports of the second committee. - pp. 84–85.
- Text of the amendment
- Amendment Ratification Data
- Data on ratification of the Optional Protocol on the involvement of children in armed conflict
- Data on ratification of the Optional Protocol on the sale of children, child prostitution and child pornography
- UN rights chief welcomes new measure to stop violence against children (English)
- Draft protocol Archived copy of August 9, 2014 on the Wayback Machine Adopted by the UN Human Rights Council without a vote on June 17, 2011. A/HRC/17/L.8
- Data on ratification of the 3rd Optional Protocol (English)
- Concluding remarks of the Committee on the Rights of the Child
Literature
- Convention on the Rights of the Child: Adopted by General Assembly resolution 44/25 of 20 November 1989 // Official Records of the General Assembly: Forty-fourth Session: [ arch. February 16, 2011] = Convention of the Rights of the Child. New York, 20 November 1989: [trans. With English]. - New York: UN, 1989. - pp. 230–239. - Official text of the Convention on the Rights of the Child in Russian.