Publication date: 29.05.2024
Protection of children's rights in the family: legal aspects
Legal protection of children's rights in the family is an important aspect of ensuring their well-being and development. There are various legal mechanisms and instruments aimed at protecting children's rights, ranging from national legislation to international legal acts. Let us consider the main legal aspects of protecting children's rights in the family.
International legal acts
UN Convention on the Rights of the Child
The UN Convention on the Rights of the Child, adopted in 1989, is the main international document defining the rights of children and the obligations of states to ensure them. Main provisions of the Convention:
- The right to life, survival and development.
- The right to a name and citizenship.
- The right to family: children have the right to know their parents and be under their care, unless it is contrary to their interests.
- The right to protection from violence, exploitation and abuse.
- The right to education and health care.
European Convention on Human Rights
The European Convention on Human Rights also contains provisions relating to the protection of children's rights, in particular Article 8, which guarantees the right to respect for private and family life. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
National legislation of Ukraine
The Constitution of Ukraine
The Constitution of Ukraine enshrines the fundamental rights and freedoms of children, in particular:
- Article 51: The family, childhood, maternity and paternity are protected by the State.
- Article 52: Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock.
Family Code of Ukraine
The Family Code of Ukraine regulates in detail issues related to the rights of children in the family:
- The right to be brought up in a family: Children have the right to be brought up by their parents and to live with them (Article 153).
- The right to communicate with parents and other relatives: Children have the right to communicate with both parents, regardless of whether they are married (Article 153).
- The right to protection: Children have the right to protection of their rights and interests. This includes the possibility to apply to guardianship and custody authorities, courts and other institutions (Article 155).
The Law of Ukraine "On Protection of Childhood"
This law defines the basic guarantees of children's rights and establishes the legal framework for the implementation of state policy in the field of child protection:
- Ensuring the rights to life and health.
- Ensuring the right to education.
- Ensuring the right to social protection.
Legal mechanisms of protection
Guardianship and trusteeship authorities
Child welfare authorities play an important role in protecting children's rights. They supervise the conditions of children's upbringing and maintenance, and make decisions on deprivation of parental rights and guardianship.
Legal defense
Children and their legal representatives may apply to the court to protect the rights and interests of children in cases where their rights are violated. The court may decide on the deprivation and restoration of parental rights, the establishment of guardianship, determination of the child's place of residence, etc.
