The Declaration on the Rights of the Child was adopted in the absence of fundamental international norms aimed at protecting children. The rules and requirements for the upbringing of children contained in the Declaration are undoubtedly a model for the upbringing of the modern generation. It can be said that each child is individual in its development, but the concept of "individuality" is not correlated with the concept of "right". All children have equal rights. It is this provision that determines the child's ability to become in the future a worthy member of a truly law-governed state. If the rights of the child are violated, and the actions of third parties do not comply with the norms of the Declaration, then not everyone will answer legally simple questions: "What should be known when determining the fact of violation?" and “Which government agency should I apply to for legal protection?”.
Instructions
Step 1
Remember that the Declaration establishes only the fundamental principles that the legislator should be guided by when issuing a legislative act. The declaration is valid internationally, not at the level of one state. The provisions and principles enshrined in the Declaration of the Rights of the Child are expanded in the Convention on the Rights of the Child, which was adopted in 1974.
Step 2
To determine if there are violations of the provisions of the Declaration in question, carefully read its text. The Declaration contains ten principles that ensure the rights of children from birth until the age of eighteen. It is from the age of 18 that full legal capacity begins by international standards, and in some countries, civil majority. At the same time, it should be understood that the norms prescribed in this document are aimed not only at individuals, but also at all bodies, institutions, departments.
Step 3
Do not exaggerate or try to interpret the text of the Declaration in your own way, trying to turn certain rights in favor of your own situation. All the thesis foundations indicated in the Declaration we are considering are spelled out in a text that is understandable for a person who does not have a legal education. All provisions of the Declaration are clear. Moreover, each rule or each right is spelled out in a broad sense. Thus, under the definition of the concept of treatment degrading the dignity of children, there are numerous actions aimed not only at humiliation of honor, but also hindering the realization of fundamental rights.
Step 4
The document clearly defines that the main responsibilities for the upbringing and care of children are assigned to their parents or other list of representatives provided for by law. These can be legal trustees or guardians. The interests of orphans are represented by the directors of specialized institutions. For example, the director of an orphanage or a children's boarding school.
Step 5
In the absence of the necessary definition and formulation of the violated right in the Declaration, remember that the document contains a recommendatory, but fundamental character in the adoption of norms related to childhood for the UN member states. It can be either a separately issued or a set of documented acts. Each country independently enshrines in its norm-setting acts binding rights for the execution, as well as ways of protecting them. For example, the right of every child to education and the possibility of receiving it for free, provided for in the Declaration, is directly implemented in the Russian Federation through the application of one Federal Law No. 273-FZ “On Education”. And at the same time, the right to education in the Russian Federation is constitutionally enshrined.
