What rights does the child have
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Publication date:
02/10/2024
Children's rights are as important as the broader category of general human rights. They establish the basic conditions for the normal healthy development of any human being in a democratic society.
The rights of the child are...
The main piece of international legislation defining this area is the Convention on the Rights of the Child, adopted by the UN General Assembly. However, before defining what the rights of the child are, it is necessary to define the concept of the child. According to Art. 1 of the Convention on the Rights of the Child, a child is every human being under the age of 18, unless under the law applicable to the person concerned he or she reaches the age of majority earlier.
The rights of the child are a system of opportunities that are necessary for a person to develop comprehensively and holistically in the conditions and in accordance with the requirements of the environment, taking into account the child's immaturity.
States Parties to the Convention must respect and ensure the rights of the child, regardless of whether he or she is a citizen of the country. It is also important to adhere to the principle of equality of all children within the jurisdiction of a particular state, regardless of color, race, gender, religious beliefs, language, origin, etc.
Fundamental rights of the child
Given that all international legislative acts ratified by Ukraine are part of its national legislation, it would be logical to start with the rights enshrined in the text of the Convention. According to its provisions, every child has the right to:
- life;
- name and acquisition of citizenship;
- preservation of individuality and citizenship;
- free expression of their views and opinions on issues that concern them;
- freedom of association and participation in peaceful assembly;
- freedom of thought, religion and conscience;
- access to information from international and national sources;
- use of the most advanced health care services with a focus on primary health care;
- use of social security benefits;
- the standard of living necessary for physical, mental, moral, social and spiritual development;
- education;
- enjoyment of their culture;
- rest and leisure;
- protection from economic exploitation and work that may harm their life and development;
- protection against drug abuse;
- protection from any manifestations of violence.
Minors must know their parents and not be separated from them, and receive care from them (except in exceptional cases, when separation is necessary in the interests of the child). Also, no child may be subjected to arbitrary or unlawful interference with the exercise of his or her right to privacy and family life, inviolability of the home, secrecy of correspondence, or unlawful infringement of his or her honor and dignity.
Regardless of what rights a child has in a particular country, the authorities of that country must provide protection to the child, guarantee safety from sexual abuse, exploitation, pornography, etc.
The Law of Ukraine “On Protection of Childhood” also clarifies and prescribes freedoms, ways and mechanisms of protection. A separate section deals with the responsibilities of parents and relatives to ensure proper upbringing.
Articles 31 and 32 of the Civil Code of Ukraine set out the civil rights of minors and young persons:
- make small domestic transactions;
- independently manage their earnings, scholarship or other income;
- exercise personal non-property rights to the results of creative or intellectual activity;
- receive free secondary legal aid;
- be a participant or founder of legal entities (with certain restrictions), etc..
Ukraine has also ratified many other international conventions, the provisions of which specify a particular area of freedoms for minors and young people.
Some of the rights and obligations of a child come into force at a certain age. For example, only at the age of 16 can a child travel abroad on their own or change their name and surname.
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