Practical application of the convention on the rights of the child. The main provisions of the UN Convention on the Rights of the Child, the purpose of the document and the date of its adoption and entry into force in Russia

Article 1 Definition of a child

Until you reach the age of 18, you are considered a child and have all the rights set forth in this Convention.

You must not be discriminated against for any reason, including because of race, color, sex, language, religion, belief, origin, social or property status, health and birth, your parents or legal guardians, or any other circumstances .

Article 3. The best guarantee of the rights of the child

In all actions concerning children, the best interests of you and any child must be a primary consideration.

Article 4 Exercise of the rights of the Convention

The state must take care that the rights of this Convention are available to you and all children.

Article 5. Education in the family and development of the abilities of the child

Your family is primarily responsible for raising you so that as you grow up, you learn to use your rights properly. The state must respect this right.

Article 6. Right to life and development

You have the right to live and develop. The state is obliged to ensure your survival and healthy development.

Article 7. Registration of health, name, citizenship and parental care

You have the right to an official registration of your birth, name and nationality. You have the right to know your parents and count on their care.

Article 8. Preservation of individuality

The state must respect your right to a name, citizenship and family ties.

Article 9. Separation from parents

You should not be separated from your parents unless it is in your best interest (for example, when your parents do not care for you or treat you abusively). If your parents are divorced, you have the right to meet with them regularly, except when doing so would harm you.

Article 10 Family reunification

If you and your parents live in different countries, you should be able to cross the borders of those countries and enter your own in order to maintain a personal relationship with your parents or reunite with your family.

Article 11 Protection against illegal transfer to another country

The state must take measures to prevent illegal removal of you from your country.

Article 12. Respect for the views of the child

If adults make decisions that affect you, you have the right to freely express your opinion and your opinion must be taken into account in making such decisions.

Article 13. Freedom of expression and information

You have the right to have, seek, receive and transmit information of any kind (for example, through writing, art, television, radio or the Internet), as long as this information does not harm you or other people

Article 14. Freedom of thought, conscience and religion

You have the right to belief and religion and you can practice your religion as long as it does not violate the rights of others. Your parents should explain these rights to you.

Article 15. Freedom of association and peaceful assembly

You have the right to meet and form groups with other children, as long as it does not harm other people.

Article 16. Private life, honor and reputation

You have the right to privacy. No one has the right to harm your reputation, nor to enter your house and read your letters or email without permission. You and your family have the right to be protected from unlawful attacks on your honor and reputation.

Article 17. Access to information and mass media

You have the right to reliable information from a variety of sources, including books, newspapers and magazines, television, radio and the Internet. Information should be useful and accessible to your understanding.

Article 18. Responsibility of parents

Parents have an equal responsibility for your upbringing and development and must always consider your best interests. The state must provide parents with adequate assistance in the upbringing and development of their children, especially if the parents work.

Article 19 Protection from all forms of violence, neglect and abuse

The state must ensure that you are well cared for and protect you from violence, neglect and abuse by your parents or those who care for you.

Article 20. Protection of a child deprived of a family

If your parents and family cannot take care of you enough, then you should be looked after by people who respect your religion, tradition and language.

Article 21 Adoption

If you are being adopted, your best interests must be put first and foremost, regardless of whether you are adopted in the country where you were born, or you have been transferred to live in another country.

Article 22 Refugee children

If you come to a new country because it is dangerous to live in your homeland, you have the right to protection and support. You are entitled to the same rights as children born in this country.

Article 23. Disabled children

If you are mentally or physically disabled, you are entitled to special care, support and education so that you can lead a full and independent life and participate in society according to your ability.

Article 24. Health and healthcare

You have the right to care for your health (for example, medicines, access to hospitals and trained health professionals). You have the right to drinking water, nutritious food, a clean environment and disease prevention to keep you healthy. Rich countries should help poorer countries achieve these standards.

Article 25

If you are in care and cared for by local authorities or institutions rather than your parents, the state should check your living conditions regularly to make sure you are well cared for.

Article 26, Social security

The society in which you live should give you the opportunity to enjoy its benefits that help you develop and live in good conditions(eg education, culture, nutrition, health and welfare). The state should provide additional funds for children in needy families.

Article 27. Standard of living

You have the right to the right to a standard of living necessary for your physical, mental, and spiritual and moral development. The state should help those parents who cannot provide for their children the necessary conditions life.

Article 28. Right to education

You have the right to education. Schools must respect the rights of the child and show respect for their human dignity. Primary education should be compulsory and free. Rich countries should help poorer countries achieve these standards.

Article 29. Purposes of education

Educational institutions should develop your personality and fully develop your talents, mental and physical abilities. They should prepare you for adult life and teach you to respect your parents, cultural values ​​and traditions, your own and other countries. You have the right to learn how to properly use your rights.

Article 30 Children belonging to minorities and indigenous people

You have the right to speak mother tongue, observe native customs and practice your religion, regardless of whether they are shared by the majority of people in your country.

Article 31. Recreation, leisure and cultural life

You have the right to rest and play, as well as to participate in cultural and artistic life.

Article 32. Child labor

The state must protect you from dangerous, harmful and backbreaking work that interferes with your education and allows others to exploit you.

Article 33. Children and illegal drug use

The state must do everything possible to protect you from illegal drug use, to prevent your participation in the production and sale of drugs.

Article 34 Protection from sexual exploitation

The state should protect you from any form of sexual violence.

Article 35. Protection from child trafficking, smuggling and kidnapping

The state must fight with all its might against the kidnapping, smuggling and sale of children to other countries for the purpose of exploitation.

Article 36 Protection from other forms of exploitation

You must be protected from any activities that may harm your development and well-being.

Article 37. Protection from torture, ill-treatment and deprivation of liberty

If you have broken the law, you should not be treated cruelly. You cannot be put in jail with adults, you must be able to keep in touch with your family.

Article 38 Protection of children affected by armed conflicts

If you are under the age of 15 (18 in most European countries), the state should not allow you to join the army or directly participate in armed conflicts. Children in conflict zones should receive special protection and care.

Article 39. Rehabilitation care

If you find yourself a victim of abuse, conflict, torture, neglect or exploitation, then the state must do everything possible to restore your physical and mental health and allow you to return to the ranks of society.

Article 40. Administration of justice in relation to juvenile offenders

If you are accused of breaking the law, you must be treated in such a way that your human dignity is preserved. You are entitled to legal assistance and can only be sentenced to prison for very serious crimes.

Article 41. Application of the highest standards

If the laws of your country protect the rights of the child better than the provisions of this Convention, then the laws of that country should apply. Article 42 Dissemination of information about the Convention

The state should disseminate information about the Convention among adults, institutions and children.

Articles 43-54. State obligations

These articles explain how adults and governments should work together to ensure that children's rights are respected.

Note: The Convention on the Rights of the Child was adopted by the United Nations General Assembly in 1989 and entered into force in 1990. The Convention has 54 articles that define the rights of children and how these rights should be ensured and supported by states. Almost all countries in the world have ratified this Convention, promising to respect all the rights and freedoms of this Convention.

Convention on the Rights of the Child

Right to protection

Article 20. Provides the child with the right to protection not only from external adverse factors but also from adverse conditions in the family. If the child cannot remain in such conditions, he may be placed under the special protection of the state.

Article 24. Ensures the right of the child to enjoy the most advanced health care services. Participating States are taking measures to reduce mortality, provide children with the necessary medical care, combat disease and malnutrition, and provide mothers with adequate prenatal and postnatal services.

Article 26. Guarantees the child's right to enjoy the benefits of social security, the rights are granted taking into account the available resources and capabilities of the child and those responsible for the maintenance of the child.

Art.32. States Parties shall recognize the right of the child to be protected from economic exploitation and from performing any work that may endanger his health, establish a minimum age for admission to work, determine the necessary requirements for the length of the working day and working conditions.

Right to development

Art.8. States Parties undertake to recognize and respect the right of the child to preserve his or her identity, including citizenship, name and family.

Art.13. The child has the right to freely express his opinion; freedom to seek, receive and impart information of any kind. Although this right may be subject to certain restrictions.

Article 28. The participating states recognize the right of the child to education, introduce free primary, encourage various forms of secondary education, and ensure the availability of higher education. Measures are taken to ensure that school discipline does not infringe on the human dignity of the child. Education should be aimed at developing the personality, mental and physical abilities of the child in full.

Eligibility

Art.15. States Parties recognize the right of the child to freedom of association and peaceful assembly. Restrictions of this option of freedoms are not allowed if they do not threaten the state, public or personal security of the child or his morals.

Article 23. Guarantees the child's right to participate in society, regardless of mental or physical disability. States guarantee him special protection.

Art.30. The child is guaranteed the right to use his culture, language, religion.

The right to live

Art.6. States Parties recognize that every child has the inalienable right to life. States shall ensure, to the greatest extent possible, the survival and development of the child.

Article 34. Participating States undertake to protect the child from all forms of sexual exploitation and sexual abuse, and take measures to prevent children from being kidnapped, trafficked or smuggled for any purpose and in any form.

Article 37. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

Adopted by General Assembly resolution 44/25
dated November 20, 1989.
Entered into force on September 2, 1990.

PART I

Article 1
For the purposes of this Convention, a child is any human being under the age of 18 years, unless, under the law applicable to the child, he or she reaches the age of majority earlier.

Article 2
1. States Parties shall respect and ensure all the rights set forth 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.
2. States Parties shall take all necessary measures to ensure that the child is protected from all forms of discrimination or punishment based on the status, activities, views expressed or beliefs of the child, the child's parents, legal guardians or other family members.

Article 3
1. In all actions concerning children, whether undertaken by public or private welfare agencies, courts, administrative or legislative bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure to the child such protection and care as is necessary for his well-being, taking into account the rights and duties of his parents, guardians or other persons legally responsible for him, and to this end, take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and bodies responsible for the care or protection of children comply with the standards set by the competent authorities, in particular in the field of safety and health and in terms of the number and suitability of their staff, and competent supervision.

Article 4
States Parties shall take all necessary legislative, administrative and other measures to give effect to the rights recognized in this Convention. With regard to economic, social and cultural rights, participating States shall take such measures to the maximum extent of their available resources and, where necessary, within the framework of international cooperation.

Article 5
States Parties shall respect the responsibility, rights and obligations of parents and, as appropriate, members of the extended family or community, as provided by local custom, guardians or other persons legally responsible for the child, to adequately manage and guide the child in the exercise of the rights recognized by this Convention. rights and do so in accordance with the developing abilities of the child.

Article 6
1. States Parties recognize that every child has the inalienable right to life.
2. States Parties shall ensure, to the greatest extent possible, the survival and development of the child.

Article 7
1. The child is registered immediately after birth and from the moment of birth has the right to a name and to acquire a nationality, as well as, as far as possible, the right to know his parents and the right to be cared for by them.
2. States Parties shall ensure the exercise of these rights in accordance with their national law and the fulfillment of their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family ties, as provided by law, without unlawful interference.
2. If a child is unlawfully deprived of part or all elements of his or her identity, States Parties shall provide him with the necessary assistance and protection for the speedy restoration of his identity.

Article 9
1. States Parties shall ensure that a child is not separated from his or her parents against their will, unless the competent authorities, by judicial decision, determine in accordance with applicable law and procedures that such separation is necessary in the best interests of the child. Such a determination may be necessary in a particular case, for example, where the parents are abusive or neglectful of the child, or where the parents are separated and a decision needs to be made as to where the child lives.
2. In any proceeding under paragraph 1 of this article, all interested parties shall be given the opportunity to participate in the proceeding and to present their views.
3. States Parties shall respect the right of a child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, unless this is contrary to the best interests of the child.
4. Where such separation results from any decision taken by a State Party, such as upon arrest, imprisonment, expulsion, deportation or death (including death occurring for any reason while the person is in the custody of the State) one or both parents or a child, such State Party shall provide the parents, the child or, if necessary, another member of the family, at their request necessary information regarding the whereabouts of the absent family member/members, if the provision of this information is not detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request does not in itself lead to adverse consequences for the person(s) concerned.

Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his parents to enter or leave a State Party for the purpose of family reunification must be dealt with by States Parties in a positive, humane and expeditious manner. The participating States further ensure that such a request does not lead to adverse consequences for the applicants and their family members.
2. A child whose parents live in different States has the right to maintain, on a regular basis, except in special circumstances, personal relations and direct contact with both parents. To this end, and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his parents to leave any country, including their own, and to return to their country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and are necessary for the protection of national security, public order (ordre public), public health or morals, or the rights and freedoms of others, and are consistent with the other rights recognized in this Convention.

Article 11
1. States Parties shall take measures to combat the illegal movement and non-return of children from abroad.
2. To this end, the participating States shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12
1. States Parties shall ensure to the child who is capable of formulating his own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall, in particular, be afforded the opportunity to be heard in any judicial or administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13
1. The child has the right to freely express his opinion; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, whether orally, in writing or in print, in the form of art, or through any other medium of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these restrictions may only be such as are provided by law and are necessary:
a) to respect the rights and reputations of others; or
b) for the protection of national security or public order (ordre public), or the health or morals of the population.

Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
2. States Parties shall respect the rights and obligations of parents and, where appropriate, legal guardians, to guide the child in the exercise of his right in a manner consistent with the evolving capacities of the child.
3. Freedom to manifest one's religion or belief may be subject only to such restrictions as are prescribed by law and are necessary for the protection of national security, public order, public morals and health, or the protection of the fundamental rights and freedoms of others.

Article 15
1. States Parties recognize the right of the child to freedom of association and freedom of peaceful assembly.
2. No restrictions may be placed on the exercise of this right other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), public health or morals. or protect the rights and freedoms of others.

Article 16
1. No child shall be the object of arbitrary or unlawful interference with his or her right to privacy, family life, home or correspondence, or unlawful attacks on his honor or reputation.
2. The child has the right to the protection of the law against such interference or abuse.

Article 17
States Parties recognize the important role of the media and ensure that the child has access to information and materials from a variety of national and international sources, especially such information and materials aimed at promoting social, spiritual and moral well-being as well as healthy physical and mental development child. To this end, participating States:
(a) Encourage the media to disseminate information and materials that are socially and culturally useful to the child and in the spirit of Article 29;
b) encourage international cooperation in the preparation, exchange and dissemination of such information and materials from various cultural, national and international sources;
c) encourage the production and distribution of children's literature;
(d) Encourage the media to pay particular attention to the language needs of a child belonging to a minority or indigenous group;
e) encourage the development of appropriate principles for the protection of the child from information and material harmful to his well-being, taking into account the provisions of Articles 13 and 18.

Article 18
1. States Parties shall make every possible effort to ensure that the principle of common and equal responsibility of both parents for the upbringing and development of the child is recognized. Parents or, where applicable, legal guardians have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.
2. In order to guarantee and promote the realization of the rights set forth in this Convention, States Parties shall provide parents and legal guardians with appropriate assistance in the performance of their duties in the upbringing of children and shall ensure the development of a network of childcare facilities.
3. States Parties shall take all necessary measures to ensure that children of working parents have the right to enjoy the services and institutions for the care of children.

Article 19
1. States Parties shall take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or psychological abuse, abuse or abuse, neglect or neglect, abuse or exploitation, including sexual abuse, by parents , legal guardians or any other person caring for the child.
2. Such protective measures shall, as appropriate, include effective procedures for the development of social programs to provide the necessary support to the child and those caring for him, as well as for other forms of prevention and detection, reporting, referral, investigation, treatment and follow-up to the cases of child abuse referred to above, as well as, if necessary, to initiate legal proceedings.

Article 20
1. A child who is temporarily or permanently deprived of his family environment or who, in his own best interest, cannot remain in such an environment shall be entitled to special protection and assistance provided by the State.
2. States Parties shall, in accordance with their national laws, provide for substitute care for such a child.
3. Such care may include, inter alia, placement in foster care, kafala under Islamic law, adoption or, if necessary, placement in appropriate institutions for the care of children. When considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and to the child's ethnic origin, religious and cultural affiliation and mother tongue.

Article 21
States Parties that recognize and/or permit the existence of an adoption system shall ensure that the best interests of the child are a primary consideration and they:
(a) ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the status of the child in relation to parents, relatives and legal guardians and that, if required , interested persons have given their informed consent to the adoption on the basis of such consultation as may be necessary;
b) recognize that 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 with a family that could provide for his upbringing or adoption, and if the provision of any suitable care in country of origin of the child is impossible;
c) ensure that, in the event of a child being adopted in another country, the same guarantees and standards apply as apply to domestic adoptions;
d) take all necessary measures to ensure that, in the event of an adoption in another country, the placement of a child does not result in undue financial gain for those involved;
e) contribute, where necessary, to the achievement of the objectives of this article by concluding bilateral and multilateral arrangements or agreements, and endeavor on this basis to ensure that the placement of the child in another country is carried out by the competent authorities or authorities.

Article 22
1. States Parties shall take the necessary measures to ensure that a child who seeks or is considered a refugee in accordance with applicable international or domestic law and procedures, whether or not accompanied by his or her parents or any other person, is adequately protected and humanitarian assistance in the enjoyment of the applicable rights set forth in this Convention and other international human rights or humanitarian instruments to which the said States are parties.
2. To this end, States Parties shall, where they consider it necessary, cooperate with any efforts of the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist such a child and search for parents or other family members of any refugee child, in order to obtain the information necessary for his reunification with his family. Where parents or other family members cannot be found, that child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as provided for in this Convention.

Article 23
1. States Parties recognize that a child who is mentally or physically handicapped should lead a full and dignified life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society.
2. States Parties recognize the right of the handicapped child to special care and promote and ensure that, subject to the availability of resources, to an eligible child and those responsible for their care, assistance requested and appropriate to the condition of the child and the situation of his or her parents or other persons providing care for the child.
3. In recognition of the special needs of the handicapped child, assistance under paragraph 2 of this article shall be provided, to the extent possible free of charge, taking into account the financial resources of the parents or other caregivers of the child, and is intended to ensure that the handicapped child has effective access to educational services, vocational training, medical care, restoration of health, preparation for work and access to recreational facilities in a manner that results in the fullest possible involvement of the child in social life and the achievement of the development of his personality, including the cultural and spiritual development of the child.
4. Participating States shall promote, in a spirit of international cooperation, the exchange of relevant information in the field of preventive health care and the medical, psychological and functional treatment of handicapped children, including the dissemination of information on methods of rehabilitation, general education and vocational training, as well as access to this information in order to enable participating States to improve their capabilities and knowledge and expand their experience in this area. In this regard, special attention should be paid to the needs of developing countries.

Article 24
1. States Parties recognize the right of the child to the enjoyment of the most advanced health care services and facilities for the treatment of illness and the restoration of health. States Parties shall endeavor to ensure that no child is deprived of his or her right to access such health care services.
2. States Parties shall strive for the full realization of this right and, in particular, take the necessary measures to:
(a) reducing infant and child mortality rates;
(b) Ensuring the provision of essential medical care and the health of all children, with priority given to the development of primary health care;
(c) Combating disease and malnutrition, including in primary health care, through, inter alia, the use of readily available technology and the provision of adequately nutritious food and clean drinking water, taking into account the danger and risk of environmental pollution;
(d) providing mothers with adequate antenatal and postnatal health services;
e) ensuring that all sectors of society, in particular parents and children, are aware of the health and nutrition of children, the benefits breastfeeding, hygiene, sanitation of the child's environment and accident prevention, as well as their access to education and their support in the use of such knowledge;
f) development of educational work and services in the field of preventive health care and family planning.
3. States Parties shall take all effective and necessary measures to abolish traditional practices that adversely affect the health of children.
4. States Parties undertake to encourage and develop international co-operation with a view to achieving progressively the full realization of the right recognized in this article. In this regard, special attention should be paid to the needs of developing countries.

Article 25
States Parties recognize the right of a child placed in care, protection or physical or mental care by the competent authorities to have the treatment provided to the child and all other conditions associated with such care of the child periodically assessed.

Article 26
1. States Parties shall recognize the right of every child to enjoy the benefits of social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.
2. These benefits shall be provided as necessary, taking into account the available resources and capabilities of the child and those responsible for the maintenance of the child, as well as any considerations relating to the receipt of benefits by or on behalf of the child.

Article 27
1. States Parties recognize the right of every child to a standard of living adequate for the physical, mental, spiritual, moral and social development child.
2. The parent(s) or others responsible for the child have the primary responsibility to ensure, within their abilities and financial means, the living conditions necessary for the development of the child.
3. States Parties shall, in accordance with national circumstances and within their means, take the necessary measures to assist parents and other persons raising children in the enjoyment of this right and, where necessary, provide material assistance and support programmes, especially with regard to providing food, clothing and housing.
4. States Parties shall take all necessary measures to ensure that the maintenance of the child is restored by the parents or other persons financially responsible for the child, both within the State Party and from abroad. In particular, if the person financially responsible for the child and the child reside in different States, the participating States shall facilitate accession to or conclusion of international agreements, as well as the achievement of other relevant arrangements.

Article 28
1. States Parties recognize the right of the child to education and, with a view to progressively achieving the realization of this right on the basis of equal opportunity, they shall, in particular:
a) introduce free and compulsory primary education;
b) encourage the development of various forms of secondary education, both general and vocational, ensure its accessibility to all children and take such necessary measures as the introduction free education and providing, if necessary, financial assistance;
c) provide accessibility higher education for all on the basis of the ability of each by all necessary means;
(d) ensure that information and materials in the field of education and training are accessible to all children;
e) take measures to promote regular school attendance and reduce the number of students dropping out of school.
2. States Parties shall take all necessary measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in accordance with this Convention.
3. The participating States shall encourage and develop international cooperation in matters relating to education, in particular with a view to contributing to the eradication of ignorance and illiteracy throughout the world and facilitating access to scientific and technological knowledge and modern methods learning. In this regard, special attention should be paid to the needs of developing countries.

Article 29
1. States Parties agree that the education of the child should be directed to:
a) the development of the personality, talents and mental and physical abilities of the child to their fullest extent;
(b) teaching respect for human rights and fundamental freedoms and for the principles enshrined 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 a conscious life in a free society in the spirit of understanding, peace, tolerance, equality between men and women and friendship between all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population;
e) fostering respect for the environment.
2. Nothing in this article or article 28 shall be construed as restricting the freedom of individuals and bodies to establish and administer educational institutions, provided that the principles set forth in paragraph 1 of this article are observed at all times and that the education provided in such educational institutions, complied with the minimum standards that can be established by the state.

Article 30
In those States where there are ethnic, religious or linguistic minorities or persons belonging to indigenous populations, a child belonging to such minorities or indigenous populations shall not be denied the right, in community with other members of his group, to enjoy his culture, to profess his religion and to practice his its rituals, and to use their native language.

Article 31
1. States Parties recognize the right of the child to rest and leisure, the right to participate in games and recreational activities appropriate to his age, and to freely participate in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall promote appropriate and equal opportunities for cultural and artistic activities, leisure and recreation.

Article 32
1. States Parties recognize the right of the child to be protected from economic exploitation and from any work that may endanger his health or interfere with his education or be detrimental to his health and physical, mental, spiritual, moral and social development. .
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of this article. To this end, guided by the relevant provisions of other international instruments, the participating States, in particular:
a) establish a minimum age or minimum ages for employment;
b) determine the necessary requirements for the duration of the working day and working conditions;
(c) provide for appropriate penalties or other sanctions to ensure the effective implementation of this Article.

Article 33
States Parties shall take all necessary measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances, as defined in relevant international instruments, and to prevent the use of children in the illicit production and trade of such substances.

Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. To this end, the participating States shall, in particular, take at the national, bilateral and multilateral levels all necessary measures to prevent:
a) inducing or coercing a child into any illegal sexual activity;
b) exploitation of children in prostitution or other illicit sexual practices;
c) use for the purpose of exploitation of children in pornography and pornographic materials.

Article 35
Participating States shall take all necessary measures at the national, bilateral and multilateral levels to prevent the abduction, sale or trafficking of children for any purpose and in any form.

Article 36
States Parties shall protect the child from all other forms of exploitation that are detrimental to any aspect of the child's well-being.

Article 37
States Parties shall ensure that:
(a) No child has been subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither the death penalty nor life imprisonment with no possibility of release is imposed for crimes committed by persons under 18 years of age;
(b) No child has been deprived of liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in accordance with the law and used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of his liberty shall be treated with humanity and with respect for the inherent dignity of his person, taking into account the needs of persons of his age. In particular, every child deprived of liberty must be separated from adults, unless it is considered in the child's best interest not to do so, and have the right to maintain contact with his family by correspondence and visits, except in special circumstances;
(d) Every child deprived of liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the lawfulness of his or her deprivation of liberty before a court or other competent, independent and impartial body, and the right to have them decide without delay on any such procedural action.

Article 38
1. Participating States undertake to respect and enforce the rules of international humanitarian law applicable to them in the event of armed conflict and relevant to children.
2. Participating States shall take all possible measures to ensure that persons under 15 years of age do not take a direct part in hostilities.
3. The participating States shall refrain from conscripting any person under 15 years of age into their armed forces. When recruiting from among persons who have attained the age of 15 but who have not yet attained the age of 18, States Parties shall endeavor to give preference to persons of an older age.
4. Consistent with their obligations under international humanitarian law relating to the protection of civilians in times of armed conflict, States parties undertake to take all feasible measures to ensure the protection and care of children affected by armed conflict.

Article 39
States Parties shall take all necessary measures to facilitate the physical and psychological recovery and social reintegration of a child who is a victim of any form of neglect, exploitation or abuse, torture or any other cruel, inhuman or degrading treatment, punishment or armed conflict. Such recovery and reintegration must take place in an environment that promotes the health, self-respect and dignity of the child.

Article 40
1. States Parties recognize the right of every child who is believed to have violated the criminal law, is accused of or found guilty of having violated it, to treatment that promotes the development of the child’s sense of dignity and worth, strengthens his respect for human rights and fundamental the freedoms of others, and which takes into account the age of the child and the desirability of facilitating his reintegration and his fulfillment of a useful role in society.
2. To this end, and taking into account the relevant provisions of international instruments, participating States shall, in particular, ensure that:
(a) No child has been considered, charged with or found guilty of a criminal offence, on account of an act or omission that was not prohibited by national or international law at the time it was committed;
(b) Every child who is believed to have violated the criminal law or is accused of having violated it has at least the following guarantees:
i) the presumption of innocence until proven guilty according to law;
(ii) informing him immediately and directly of the charges against him and, if necessary, through his parents or legal guardians, and obtaining legal and other necessary assistance in preparing and exercising his defence;
(iii) A competent, independent and impartial body or tribunal decides on the matter at hand, without delay, in a fair hearing in accordance with the law in the presence of a lawyer or other appropriate person, and, unless it is considered to be contrary to the best interests of the child, in particular, taking into account his or her the age or position of his parents or legal guardians;
iv) freedom from compulsion to testify or confess guilt; examining the testimony of witnesses for the prosecution, either alone or with the assistance of others, and ensuring equal participation of witnesses for the defense and the examination of their testimony;
v) if the child is considered to have violated criminal law, a re-examination by a higher competent, independent and impartial authority or judicial authority in accordance with the law of the relevant decision and any measures taken in this regard;
vi) free assistance of an interpreter if the child does not understand or speak the language used;
vii) full respect for his private life at all stages of the proceedings.
3. Participating States shall endeavor to promote the establishment of laws, procedures, bodies and institutions of direct relevance to children who are considered to have violated, accused of or found guilty of violating the criminal law, and in particular:
(a) Establishing a minimum age below which children are considered incapable of contravening criminal law;
(b) Where necessary and desirable, taking steps to deal with such children without recourse to judicial proceedings, subject to full respect for human rights and legal safeguards.
4. A variety of arrangements such as care, custody and supervision provisions, counseling services, probation, education, education and training programs and other forms of care replacing institutional care are needed to ensure that the child is treated in a way that would be appropriate to his well-being, as well as his position and the nature of the crime.

Article 41
Nothing in this Convention shall affect any provisions that are more conducive to the realization of the rights of the child and may include:
(a) in the law of the State Party; or
b) in the rules of international law in force in relation to the given state.

PART II

Article 42
States Parties undertake to make the principles and provisions of the Convention widely known to both adults and children by appropriate and effective means.

Article 43
1. For the purpose of reviewing the progress made by States Parties in fulfilling the obligations assumed under this Convention, a Committee on the Rights of the Child shall be established, which shall exercise the functions set out below.
2. The Committee shall be composed of ten experts of high moral character and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by the States Parties from among their own nationals and shall serve in their personal capacity, with attention being paid to equitable geographical distribution as well as to the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from among the listed persons nominated by the States Parties. Each State Party may nominate one person from among its nationals.
4. Initial elections to the Committee shall be held no later than six months after the date on which this Convention enters into force, and thereafter every two years. At least four months before the day of each election, the Secretary-General of the United Nations shall write to participating States, inviting them to submit their candidatures within two months. The Secretary-General then draws up alphabetical order a list of all persons so nominated, indicating the States Parties which have nominated those persons, and shall submit that list to the States Parties to this Convention.
5. Elections shall be held at meetings of the States Parties convened General Secretary at United Nations Headquarters. At these meetings, at which two thirds of the States Parties constitute a quorum, those candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting shall be elected to the Committee.
6. Members of the Committee are elected for a four-year term. They have the right to be re-elected if they are re-nominated. The term of office of the five members elected at the first election shall expire at the end of a two-year period; immediately after the first election, the names of these five members are determined by lot by the President of the meeting.
7. In the event of the death or retirement of a member of the Committee, or if for any other reason he or she is no longer able to serve as a member of the Committee, the State Party that nominated that member of the Committee shall designate another expert from among its nationals for the remaining term, subject to approval by the Committee.
8. The Committee shall establish its own rules of procedure.
9. The Committee shall elect its officers for a term of two years.
10. Sessions of the Committee shall normally be held at United Nations Headquarters or at any other suitable location determined by the Committee. The Committee, as a rule, meets annually. The duration of the session of the Committee shall be determined and, if necessary, revised by the meeting of the States Parties to this Convention, subject to the approval of the General Assembly.
11. The Secretary-General of the United Nations shall provide staff and facilities for the effective exercise by the Committee of its functions under this Convention.
12. Members of the Committee established under this Convention shall receive remuneration approved by the General Assembly from the funds of the United Nations in such manner and on terms and conditions as the General Assembly may determine.

Article 44
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to secure the rights recognized in the Convention and on the progress made in the realization of these rights:
(a) within two years of the entry into force of the Convention for the State Party concerned;
b) every five years thereafter.
2. Reports submitted under this Article shall indicate the factors and difficulties, if any, affecting the extent to which the obligations under this Convention are fulfilled. The reports also contain sufficient information to enable the Committee to fully understand the operation of the Convention in a given country.
3. A State Party that has submitted a comprehensive initial report to the Committee need not, in subsequent reports submitted in accordance with paragraph 1 (b) of this article, repeat the basic information previously provided.
4. The Committee may request further information from States Parties concerning the implementation of this Convention.
5. Reports on the activities of the Committee are submitted once every two years to the General Assembly through the Economic and Social Council.
6. States Parties shall ensure that their reports are widely publicized in their own countries.

Article 45
With a view to promoting the effective implementation of the Convention and encouraging international cooperation in the field covered by this Convention:
(a) The specialized agencies, the United Nations Children's Fund and other organs of the United Nations shall be entitled to be represented when considering the implementation of such provisions of this Convention as fall within their competence. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies, as it deems appropriate, to submit expert opinion on the implementation of the Convention in areas falling within their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund and other United Nations bodies to submit reports on the implementation of the Convention in areas falling within the scope of their activities;
(b) The Committee shall transmit, as it deems appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States parties requesting or indicating a need for technical advice or assistance, as well as comments and the Committee's proposals, if any, for such requests or instructions;
(c) The Committee may recommend to the General Assembly that it invite the Secretary-General to undertake studies on its behalf on selected issues relating to the rights of the child;
(d) The Committee may make suggestions and recommendations of a general nature based on information received in accordance with Articles 44 and 45 of this Convention. Such proposals and recommendations of a general nature shall be transmitted to any State Party concerned and communicated to the General Assembly, together with the comments of the States Parties, if any.

PART III

Article 46
This Convention is open for signature by all States.

Article 47
This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48
This Convention is open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 49
1. This Convention shall enter into force on the thirtieth day following the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2. For each State which ratifies or accedes to this Convention after the twentieth instrument of ratification or accession has been deposited, this Convention shall enter into force on the thirtieth day after such State has deposited its instrument of ratification or accession.

Article 50
1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall then communicate the proposed amendment to the States Parties with a request that they indicate whether they favor a conference of States Parties for the purpose of considering and voting on the proposals. If, within four months from the date of such communication, at least one third of the States Parties favor such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at this conference shall be submitted to the General Assembly of the United Nations for approval.
2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force upon its approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties.
3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, while the other States Parties shall remain bound by the provisions of this Convention and any earlier amendments which they have accepted.

Article 51
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.
2. A reservation inconsistent with the object and purpose of this Convention is not permitted.
3. Reservations may be withdrawn at any time by appropriate notification addressed to the Secretary-General of the United Nations, who then informs all States accordingly. Such notification shall take effect from the date of its receipt by the Secretary General.

Article 52
Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the receipt of the notification by the Secretary General.

Article 53
The Secretary-General of the United Nations is designated as the depositary of this Convention.

Article 54
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Convention.

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 the age of 18. Ensuring the rights of the child is a multifunctional and complex problem, rather, even a complex of interrelated problems, on the solution of which the prospects for the physical survival and moral development of any society largely depend.

Comparing the Convention on the Rights of the Child with the Declaration on 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 be legally responsible for their actions in relation to 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 in line with the provisions of the Convention. By signing the Convention, states declare their obligation to comply with these provisions and, in case of their failure to comply, 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.

The convention on the rights of the child considers the legal framework for the protection of the rights of the child in a modern educational institution; the problem of protecting the rights of children and ways to solve it; implementation of the rights of the child in the Russian Federation; content, forms and methods of work with the teaching staff of educational institutions for the protection of the rights of the child. For the purposes of this Convention, a child is every human being under the age of 18, unless, under the law applicable to the child, the majority is reached earlier.

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

All its provisions boil down to four requirements that ensure the rights of children: survival, development, protection and provision active participation in the life of society.

The significance of the Convention is invaluable, since it is largely directed not so much to the present as to the future of mankind. And this is true for our state, in which 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 with all rights and freedoms

· the 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, provision of food, clothing and housing, but also providing this 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 part of humanity, on the primacy universal values and harmonious development of the individual, on the exclusion of discrimination of the individual for any motives and characteristics. It emphasizes the priority of the interests of children, specifically highlights the need for special care by any state and society for socially deprived groups of children: orphans, the disabled, refugees, and offenders.

There are no main and secondary articles in the Convention, each article is the main one, as it affirms the 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 right of the child to education and culture; e) the rights of children to protection in an emergency situation.

No. 57 Characteristics of the Law on Education of the Russian Federation (2013)

Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” (hereinafter referred to as Federal Law No. 273-FZ) is the fundamental document that sets the legal framework for regulating the sphere general education In Russian federation. The federal law consolidates the key aspects of the already established system of general education, and also sets new prospects for its development.

At the same time, some issues are transferred to the level of subordinate regulation, respectively, the final idea of ​​​​solving certain problems will develop only after the adoption of the relevant by-laws (for example, on the issues of disciplinary responsibility of students, the Ministry of Education and Science of Russia re-posted on the official website a draft document that is fundamentally different from the original published).

(Rights of children) - these are the rights and freedoms that every child should have (every person under 18 years old is recognized as a child), regardless of any differences: race, gender, language, religion, place of birth, national or social origin, property, estate or other provisions.The definition of the rights of the child follows logically from the basic ideas Universal Declaration of Human Rights. Her separate article is devoted to children. It states that "Motherhood and childhood give the right to special care and assistance." Thus, while recognizing the equal rights of children to all the freedoms proclaimed in the declaration, the international community recognizes the need for additional assistance and support for children.For the harmonious development of the personality, the child must grow up in an atmosphere of love and kindness, in the family, among relatives and friends. loving people. The task of adults is to help the child prepare for an independent life, to become a full member of society, to create conditions for the child's normal physical and intellectual development.The development of the concept of human rights has led to the fact that the rights of the child have been singled out in a special category. At the beginning of the 20th century, children's rights were usually considered in the context of the existing problems of child labor, child trafficking and prostitution of minors. The need to legally ensure the protection of the health of children, the protection of their rights prompted the League of Nations to adopt Geneva Declaration of the Rights of the Child in 1924 . The next important step was the adoption of the UN in 1959 Declaration of the Rights of the Child , in which the social and legal principles relating to the protection and well-being of children were proclaimed. It noted that “The child, due to his physical and mental immaturity, needs special protection and care, including due legal protection, both before and after birth. The document consists of 10 provisions (principles, as they were called in the Declaration), the recognition and observance of which should allow "ensuring children a happy childhood."Convention on the Rights of the Child. By the end of the 1970s, the level of development of society, the situation of children, new problems showed that declarative principles alone were not enough. Documents were required in which, on the basis of legal norms, measures and methods for protecting the rights of children would be fixed. For these purposes, in 1974 was adopted Declaration on the Protection of Women and Children in Emergencies and in Armed Conflict, in 1986– Declaration on Social and Legal Principles for the Protection and Welfare of Children, especially when placing children in foster care and their adoption in the national (host family– compatriots) and international(host family - foreigners) levels. For 10 years (from 1979 to 1989), experts from many countries of the world, participating in the UN Commission on Human Rights, developed the text of a new provision on the rights of the child, which would take into account as much as possible all aspects of a child's life in society. This document is called Convention on the Rights of the Child, and was adopted by the UN General Assembly on November 20, 1989.Basic provisions of the Convention. According to the Convention, the main principle of the protection of children's rights is the recognition of the priority of the interests of children. Particularly stands out is the demand for special care by society for socially vulnerable groups of children: orphans, the disabled, refugees, etc.

According to these principles:

1. The child has the right to life and healthy development.

2. The child has the right to preserve his or her identity, including citizenship, name and family ties.

3. The child has the right to freedom of personality, freedom of thought, conscience and religion. This right includes the freedom to express one's opinion orally, in writing or in print, in the form of art or through any other medium of the child's choice.

4. The child has the right to be protected from all forms of physical or psychological abuse, exploitation, abuse, negligence or maltreatment by both parents and legal guardians or any other person caring for the child.

5. A child deprived of his family environment is entitled to special protection and assistance provided by the State.

6. The child has the right to a standard of living necessary for his physical, mental, spiritual, moral and social development. A mentally or physically handicapped child should lead a full and dignified life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society.

7. The child has the right to health care and social security, including social insurance.

8. The child has the right to education, which shall be directed to the development of the personality, talents and mental and physical abilities of the child to their fullest extent.

9. A child has the right to use his native language, to profess the religion of his parents, even if he belongs to an ethnic, religious or linguistic group that is a minority in this state.

10. The child has the right to rest and leisure, the right to participate in games and recreational activities appropriate to his age, freely participate in cultural life and engage in art.

11. The child has the right to be protected from economic exploitation and from performing any work that may endanger his health or be detrimental to his physical, mental, spiritual, moral and social development.

12. The child has the right to be protected from all forms of sexual exploitation and sexual abuse.

13. States Parties shall ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment; no child has been unlawfully or arbitrarily deprived of liberty; every child deprived of liberty has the right to prompt access to legal and other appropriate assistance.

14. States undertake to take measures to combat the illegal movement and non-return of children from abroad.

15. States undertake to respect and comply with the norms of international humanitarian law in relation to children caught in a zone of armed conflict. States shall take all possible measures to ensure that persons under the age of 15 do not take a direct part in hostilities.

Recognizing the child as an independent subject of law, the Convention sets before the states the task of preparing the child for an independent life in society, educating him in the “spirit of peace, dignity, tolerance, freedom, equality and solidarity”.

Unlike the Declaration of the Rights of the Child, which simply proclaimed certain principles, the Convention established minimum standards in the field of morality and law. These rules are binding on all countries that have ratified the Convention. The Convention was the first international document that most fully outlined the rights of children: not only economic, social and cultural, but also civil and political rights. Another important feature Convention was that for the first time the rights of children acquired the force of international law.

By 2002, the document had been ratified by 191 states. All of them submit reports to the UN Committee on the Rights of the Child every 5 years on what steps are being taken in their countries to ensure the protection of the rights of the child, what difficulties arise in the implementation of certain provisions of the Convention, and what are the ways to solve these problems. Based on the information provided, the Committee on the Rights of the Child prepares an expert assessment and recommendations for each country: what should be paid special attention to, what problems need to be addressed in the first place, what methods exist for their solution, etc.

In addition, the dialogue between the international expert community, international and national organizations for the protection of children's rights is conducted outside the UN - at special international meetings.

So a representative international summit was held on September 29-30, 1990 in New York. It was accepted World Declaration on the Survival, Protection and Development of Children in 1990- e years. In addition, an Action Plan for the implementation of this document was developed. It included practical activities aimed at:

– Improving the living conditions of children and increasing their chances of survival by increasing access to health care for women and children;

– reducing the spread of preventable diseases;

– creating more opportunities for education;

– solution of the food problem; protection of children in emergency zones.

In May 2002, a special session of the UN General Assembly on children was held in New York. Members of the governments of 150 countries of the world, as well as about 3,000 representatives of international children's human rights organizations took part in it. At this session, the results of 11 years of operation of the Convention on the Rights of the Child were summed up. Approximately 155 countries have prepared reports on action to implement the World Declaration on the Survival, Protection and Development of Children. When summing up, positive shifts were noted in solving the problems identified at the 1990 meeting. For example, one of the main goals set by World Declaration 1990, there was a one-third reduction by 2000 in the under-5 death rate. Globally, this ratio fell by only 14%, but more than 60 countries achieved the desired result in this indicator. There has been a 17% reduction in the number of reported cases of child malnutrition in developing countries. The situation has improved with drinking water: Between 1990 and 2000, an additional 816 million children were able to use quality drinking water. Significant progress has been made in the field of education: the number of students in primary schools Many countries have extended basic schooling, and the longer the period of compulsory education, the higher the minimum age at which children are allowed to work.

At the same time, the participants of the session noted that the most important problems in the field of protecting the rights of children still remain unresolved.

Every year more than 10 million children die, although in most cases they could be saved; 100 million children (of which 60% are girls) are still unable to attend school; 150 million children suffer from malnutrition; The AIDS virus among children is spreading at a catastrophic rate. Poverty and discrimination are still prevalent; social services do not receive sufficient funding. Millions of children continue to suffer from labor exploitation, the child slave trade and other forms of abuse, exploitation and violence.

To successfully address these problems, the UN General Assembly in May 2002 adopted a declaration A world fit for children, which defines the basic principles for the further development of the system for protecting the rights of children around the world, as well as an action plan for its implementation.

The main provisions of the declaration can be divided into three groups:

- creation of the most favorable conditions at the initial stage of life for all children (this includes the problems of infant mortality, nutrition, medical care, the development of a system of social services, etc.). Particular attention is paid to the problem of HIV-infected children and the prevention of the spread of this virus among children and young people;

– ensuring quality basic education for all children;

- providing all children, especially adolescents, with opportunities for active participation in the life of their communities (opportunities for active participation in the society of children with disabilities, the creation in states of systems and programs that allow them to receive education, a profession, visit public places, participate in cultural and social social life).

Summing up, it can be noted that, at the beginning of the 21st century Convention on the Rights of the Child is the fundamental international document regulating the rights of children in modern world. As for meetings at the international level, in addition to a practical assessment of the implementation of the provisions of the Convention in certain countries and the development of a plan for further action, taking into account current problems modern society, they perform another important task

– focus the attention of the international community on the problems of protecting the rights of children.Unicef. UNICEF plays an important role in solving children's problems at the international level(UNICEF) - United Nations Children's Fund.Over the past decade XX century, as a result of wars and civil unrest, about 1 million children were orphaned or separated from their parents, 12 million were left homeless and about 10 million were psychologically traumatized. UNICEF helps children and women affected by wars, civil unrest and natural disasters by providing food, medicine and clean water to emergency zones. To address the special challenges posed by hostilities, UNICEF organizes assistance to children on both sides of the conflict. UNICEF has pioneered and promotes the concept of "children as a zone of peace" to ensure their better protection.

UNICEF builds its activities on the principles of cooperation. Cooperation with the authorities, public organizations, other international funds and organizations.

In developed countries, UNICEF programs aim to educate society and governments about the problems of child development in developing countries. Fundraising is underway for assistance programs in which volunteers are actively involved.

UNICEF attracts movie, show business and sports stars to participate in its projects. One of the most famous UNICEF Goodwill Ambassadors was the late Audrey Hepburn. Other notable contributors to this unique activity include Harry Belafonte, Roger Moore, Jane Seymour, Liv Ullman and Sir Peter Ustinov. The UNICEF office in Russia was opened in March 1997. One of the main tasks of UNICEF is to help and support the practical implementation Convention on the Rights of the Child in Russia.

In 1999, the total cost of UNICEF projects in Russia reached $2.5 million. The main part of these funds was provided by donor countries - Germany, the USA, Great Britain, Finland - for the implementation of targeted programs. Under the auspices of UNICEF, international events in the field of culture and art are being held in Russia. UNICEF provides humanitarian assistance to children affected by armed conflict and natural disasters.

The national coordinator of UNICEF activities in Russia is the Ministry of Labor and Social Development of the Russian Federation, and the leading partners are the Ministries of Education, Health, Foreign Affairs, Justice, Internal Affairs, as well as local authorities state power.

Child abuse ( child abuse). One of the global problems in the field of protection of children's rights is the problem of child abuse.

Abuse refers to “all forms of physical or mental abuse, battery or abuse, neglect, negligence or abuse, exploitation, including sexual abuse of a child.”

Moreover, this phenomenon is typical not only for developing countries, where children's problems are quite obvious and lie on the surface: famine, wars, lack of normal housing, healthcare, etc. - anything that poses a threat to the life and health of the child. This problem also exists in developed, quite prosperous countries. After all, the concept of “child abuse” includes any form of ill-treatment committed by parents, guardians, caregivers, teachers, educators and law enforcement officials in relation to a child. Child abuse forms poorly educated people who do not know how to work, create a family, be good parents, citizens of their country, leads to the reproduction of violence and cruelty in society.

Violence has four main forms: physical, sexual, mental, social.

Physical abuse is the intentional infliction of physical harm to a child, causing damage to his health, disrupting his development and even depriving him of his life, as well as introducing a child to the use of drugs, alcohol, poisonous substances or "medical" drugs that cause intoxication.

Sexual abuse is the involvement of a child with his consent and without it in sexual activities, as well as in prostitution and pornography. The consent of the child to sexual contact does not give grounds to consider it non-violent, since the child is not yet able to foresee all the negative consequences of such actions.

Mental abuse is a periodic, prolonged or constant mental impact on a child, as well as the presentation of demands to the child that do not correspond to his age capabilities, hindering the development of the personality and leading to the formation of psychological complexes.

Social violence - neglect of the interests and needs of the child - the lack of elementary care for the child and the proper provision of his basic needs (food, clothing, housing, education, medical care). As a result, the emotional state of the child is disturbed, there is a threat to health and normal development.

Statistics show that up to 40% of cases of violence against children are committed in the family, 38% - in schools, children's institutions, etc. Therefore, the system of protection of children's rights is of great importance, allowing to monitor and control such variants of violation of the rights of the child.

In this sense, one of the most demonstrative countries is America. In the United States, there are a huge number of laws passed in the interests of children.

For example, there is a law providing for liability for non-payment of alimonyAnd they take it very seriously. Often, negligent parents are "caught" when re-registering driver's licenses - a computer quickly helps to identify a debtor who will not be given a driver's license until he pays his children the entire amount required. Some states have laws requiring every employer to screen job applicants for parental debt. The rules are the same: first - the payment of alimony, and only then - a new place of service.

On the example of the US experience, one can very well trace the breadth of the concept of “child abuse”. There are many laws that provide for the responsibility of parents for a variety of cases of violation of the rights of children.

Domestic violence is considered a serious crime. Each state has its own programs to protect children from adult abuse. Employees of schools and medical institutions are required to report to social services about possible cases of child abuse. Even if there is the slightest suspicion of a case of "domestic violence"

– the doctor (nurse, teacher) is obliged to report his suspicions to the social service. In addition, there is a developed network of non-profit public organizations involved in children's issues, including tracking such cases.. Let's take such a case. The positive in all respects father of the family once slapped his fourteen-year-old daughter for coming home at dawn. The reaction of the girl was purely American: from home she ran straight to the police, where she presented a fresh bruise. A few minutes later, my father was arrested. In the morning, the daughter, accompanied by her mother, came to take her application back. But it turned out to be not so easy. In the United States, this act of the father was taken very seriously. The "criminal" was threatened with eviction from the family and deprivation of parental rights. The case was saved by a lawyer, although the father's reputation was thoroughly damaged.

There is a law in the United States that provides for the responsibility of parents "for creating a situation dangerous to the life of a child." Here is one typical example. A young married couple (by the way, from Russia) decided to visit a trendy night disco. For some reason, it was not possible to find a nanny - to look after the child while mom and dad are having fun at the disco - it was not possible. The couple decided that nothing bad would happen if they left their five-year-old daughter alone, as they had done at home more than once in Moscow. But they were out of luck. The girl woke up at night, burst into tears and began to call her mother. Vigilant American neighbors, making sure that the child was alone in the apartment, called the police. The girl was immediately sent to a clinic to determine if she had been physically abused, after which they were taken to the city's child care service. Parents, not finding their daughter at home, rushed to the police station, where they fell into the hands of American justice.

Because they endangered the life of a child - in terms of American law - they were arrested. And only a week later, the “criminals” were able to get their daughter, and then only after the childcare workers made sure that mom and dad were “in order” and the girl was being kept in decent conditions. But that's not all: now the family is regularly visited by a representative of the child protection department, wondering if the girl is being offended here.

Sometimes, of course, anecdotal situations arise. In 2002, a funny story made the rounds in the newspapers. The parents of a 16-year-old boy threw a party for him, to which he invited his friends. Parents, apparently, were people of progressive views, and wanting to please their son and his friends, they invited to the evening ... a stripper. As usual, vigilant neighbors intervened - and the case ended in court. Parents were accused of "abuse of a child", "seduction of minors", etc.

Of course, there is already some overkill in this, but, nevertheless, this system performs its task of protecting the rights of children properly.

Similar systems for protecting children from abuse exist in many other countries (Germany, England, France, Scandinavian countries). Each country has its own legislation and its own methods of dealing with violators.However, there are two general points that make it possible to effectively protect children from abuse. First, it is a system of laws and regulations on adult responsibility. Secondly, social services responsible for the practical implementation of the relevant legislation.

In the Russian Federation, similar control over children and families is carried out by guardianship and guardianship authorities. However, compared to Western models, the Russian system is not fully formed, and therefore is recognized as less effective.

. One of the key problems is the lack of preventive work. Serious measures are taken against violators when it is already very difficult to correct the situation.. For example, if we are talking about parents, then this is already a “deprivation of parental rights”, for which serious grounds are needed. If this“ill-treatment” of the personnel of children's institutions - teachers, educators - as a rule, such incidents are noticed by the public and the relevant authorities when the actions of adults are already qualified as a criminal offense.Juvenile justice. Another very important tool systems for the protection of children's rights - juvenile justice. This is a special juvenile justice system. This system is based on the doctrine of "parens patrie", according to which the state behaves as a trustee or responsible person for minors, protecting them from dangerous behavior and harmful environments.

This approach is based on two ideas: that adolescents are not yet capable of actually being aware of their actions and taking full responsibility for them; that adolescents are still at an age when they can be re-educated so that they will not have any impulses to commit any offenses in the future. Thus, in juvenile justice, the offender is more important than the offense itself.

The idea of ​​special treatment for children who have committed a crime has a long tradition in the history of justice. Even in ancient law, there was a principle of "forgiveness justified by minority." Unfortunately, the Middle Ages, with its understanding of the child as a "little adult", rejected this principle.

According to a well-known researcher in the field of juvenile justice, a researcher at the Institute of State and Law of the Russian Academy of Sciences Evelina Melnikova, medieval legal acts were characterized by "primitive cruelty, ignoring childhood as a natural state of the human personality." Based on the principle “malicious intent makes up for the lack of age”, all types of punishments were applied to children, up to the death penalty. A seven-year-old kid could be imprisoned, sworn in, tortured.

Down to the middle

XIX centuries, echoes of the medieval attitude to the topic “children and justice” were traced in the legislations of many countries. According to contemporaries, prisons became "schools of crime" for young children.The impetus for changing the system of justice in relation to children was an unprecedented increase in juvenile delinquency in the late 19th and early 20th centuries, when Europe was flooded with crowds of young vagrants and delinquents.

True, the first experience in creating a new judicial system for working with children refers again to the United States. On July 2, 1899, a special court was created in Chicago for the first time, which began to consider cases exclusively of minors. The innovation quickly spread throughout America and beyond - in Great Britain (1908), France and Belgium (1912), Spain (1918), Germany (1922), Austria (1923). In 1931 juvenile courts existed in 30 countries.

In Russia, the system of children's courts appeared in 1910. According to Evelina Melnikova, “The Russian model of juvenile justice was very successful. - Up to 70% of juvenile offenders "children's" courts sent not to prison, but under the supervision of trustees who observed their behavior. Yes, and the court itself was considered as “a body of state care for minors.”

However, in 1918 the Council of People's Commissars of Russia decided to abolish this practice, replacing it with another, in the opinion of the government, more "humane". Then the commissions on minors appeared, to which the courts that ruled on "children's" cases were actually subordinate. Participation of lawyers in such commissions was reduced to a minimum.

But the complete collapse of the juvenile justice system in Russia was the decision of the Central Executive Committee and the Council of People's Commissars of the USSR (April 1935), according to which the age of responsibility for offenders was reduced to 12 years. Children could again be subjected to all types of punishment - in fact, the death penalty. A few months later, “in order to increase the responsibility of children and parents,” the commissions for minors, which at least somehow protected the rights of children, were abolished. In 1941, a decree was adopted by the Presidium of the Supreme Soviet of the USSR, extending the responsibility of children not only to intentional crimes, but also to crimes committed through negligence (the decree of 1935 in this legislative act was criticized for excessive loyalty to juvenile delinquents). Both decrees were valid in the USSR until the end

19 50s. Many experts believe that these acts set the tone for the Soviet justice system for children for a long time. And last but not least, that is why today the problem of organizing the juvenile justice system is one of the most urgent problems of the Russian Federation in the field of protecting the rights of children.Children's rights in Russia. Today in Russia the rights of children are regulated by the following basic laws:

- The Constitution of the Russian Federation.

– Family Code of the Russian Federation.

– Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens.

– Federal law on education.

– Law on Basic Guarantees of the Rights of the Child in the Russian Federation.

– Law on additional guarantees of social protection of orphans and children left without parental care.

– Law on social protection of disabled people in the Russian Federation.

In addition, there are government federal targeted programs (FTP), the purpose of which is to create favorable conditions for the development of children, to ensure the protection of their rights. An example of such a program is the “Children of Russia” Program, adopted in August 1994. It included the FTP “Gifted Children”, “Organization of Children’s Summer Vacations”, “Children of Refugee and IDP Families”, “Children

Chernobyl", "Orphans", "Children with Disabilities", "Children of the North", "Family Planning", "Industry Development baby food”, as well as “Safe motherhood”. Since 1997, the program "Children of Russia" has two more FTPs: "Prevention of neglect and juvenile delinquency" and "Development of social services for families and children." Since 1999 - FTP "Comprehensive measures to combat drug abuse and illicit trafficking."

In the conditions of the socio-economic situation in post-perestroika Russia, the situation of children became more complicated. The transition to a market economy, the breakdown of traditional social protection structures, family difficulties and the consequent disruption of social ties have had a particularly detrimental effect on the health and well-being of children. This is due to the fact that children, like the elderly, are more dependent on the state and the system of social institutions.

. The child population of Russia decreased from 1996 to 2001 by 4.4 million. The health of the younger generation is constantly deteriorating: according to the Ministry of Health (February 2001), the overall incidence of children under 14 in Russia as a whole increased by 10.2% for all classes of diseases, the increase in the incidence of tuberculosis reached 21.8%.On the positive side, one can note a decrease in the infant mortality rate: in 1990 it was 17.4 ppm, in 2000– dropped to 15.3. Also for the period from 1990 to 2000 the mortality rate for children aged 1 to 14 years has decreased by 20%.In addition, the period from 1990 to 2000 was marked by a stabilization of the mortality rate for children aged 0 to 4 years: in 1990 - 21, 4, in 1999 - 21.One of the serious social problems in the post-perestroika period was the family crisis. During the period from 1990 to 1999, the number of children whose parents were deprived of parental rights increased by 1.5 times.The crisis of the family has led to an increase in child homelessness and neglect, child drug addiction and alcoholism, and child crime.

The number of homeless children has increased. Hundreds of thousands of Russian children are deprived of parental warmth and care, often subjected to cruel treatment. Most of them became pupils public institutions(orphanages and boarding schools). According to the Prosecutor General's Office, as of June 2001, there were 678 thousand children left without parental care in Russia, and only 5% of them are really orphans, the rest are “social orphans” with living parents. Of these, pupils of state institutions - 173.4 thousand people.

The number of actually neglected children cannot be counted, about 440 thousand adolescents are registered with the bodies for the prevention of juvenile delinquency, at the end of 2000 more than 27 thousand children and adolescents were in pre-trial detention centers and colonies.

In Russia, there are almost 30,000 boarding schools for disabled children, 40% of them are officially recognized as "unteachable".

As a result of the existing, often formal, procedures for diagnosing a child's mental retardation, thousands of Russian children, instead of the necessary social rehabilitation, find themselves forever isolated from society and deprived of the opportunity to develop normally. Children are usuallyare placed in state boarding schools, where they are not provided special programs development and social rehabilitation. As a result, they degrade even more, they spend their whole lives in a confined space, having no opportunity to communicate with their peers, to lead an emotionally and socially rich life.

Meanwhile, the practice of the work of public organizations with disabled children clearly demonstrates that it is possible to train and develop mentally retarded children. For this purpose, there are a lot of methods and technologies, both Western and Russian. Children who are recognized as "unteachable" as a result of these classes are quite capable of learning to read, write, use a computer, and master any professional skills.

Experience of many Western countries(Sweden, Denmark, Germany, USA, etc.) clearly demonstrates that special support services for families of children with intellectual disabilities, the topics of integration education, as well as the system of state control over the observance of their rights, allow such children (and later adults) to lead an active social life: study, work, communicate with other people.

Every year, about 100,000 children in need of care are identified in Russia.

Russia ranks first in the world in terms of the number of orphans per every 10,000 children (and according to the Russian State Statistics Committee in 2000, there were almost 40 million children living in the Russian Federation).

One of the most serious problems in Russia is social orphanhood. However, the same as for many Eastern European countries. Among children who are brought up in orphanages and boarding schools, the number of social orphans (in fact, orphans with living parents) is, according to various estimates, from 85 to 95%.

A qualitatively new phenomenon is the so-called "hidden" social orphanhood, the result of which is neglected children. These children formally live in families, but their parents are not involved in their upbringing, the children are actually left to their own devices, while violations of their rights - to normal living conditions, to the protection of adults, to education, medical care, etc. - are not calculable.

According to the well-known human rights activist, head of the public organization “Right of the Child” B.L. Altshuller, “... the rights of children and families with children are violated everywhere. In this case, of course, we are talking not only about violence, etc., but also about socio-economic rights, not only about violations of rights BY ACTION, but about their violation by the inadmissible INACTION of state bodies, when a child or family who finds himself in a difficult life situation, there is nowhere to turn for help. Hence, hundreds of thousands of social orphans, and millions of neglected and homeless children.

It follows from this that the problem of protecting the rights of children and ensuring the practical mechanism for the operation of the Convention on the Rights of the Child on the territory of the Russian Federation is now of great importance for our country. The USSR joined the Convention on the Rights of the Child in 1990. In 1992, Russia, as its successor, submitted the first report on the implementation of the Convention. On its basis, the UN Committee in 1993 formulated its comments and recommendations. Since that time, some policy documents and laws have been adopted to ensure the practical implementation of the requirements of the Convention in Russia.

In 1999, after Russia submitted its second Report, new recommendations were made by the Committee. However, by 2002, not all of them were completed. The main provisions of the recommendations of the UN Committee are as follows:– Establishment at all levels – federal, regional, local – of effective organizational mechanisms for considering complaints from children and monitoring the observance of their rights.

– Involving civil society in solving childhood problems and protecting children's rights, as well as overcoming departmental division of responsibility for the child.

– Development of family forms of life arrangement for children, alternative to placing children in state institutions, active work on the rehabilitation of “families at risk”.

– Adoption of laws on specialized juvenile justice (juvenile justice), focused on the rehabilitation of the child and his family environment.

In general, during the period from 1999 to 2002 the situation began to change for the better. First of all, local, regional programs operating within the region or territory have received great development.

. It should be taken into account that in many regions the solution of the problems of practical protection of children's rights is ensured through the cooperation of the relevant authorities and public organizations. Moreover, the role of public organizations in the field of assistance to children and families has noticeably grown over this period. The civil sector in Russia at the beginning 21 century is a fairly developed community, a powerful resource for the development of social partnership between public organizations and the state.

As an example, we can cite the activities of the head of the public organization “Complicity in Fate” (Moscow) Alexei Golovan. The organization "Complicity in Fate" provides legal assistance to children and graduates of orphanages - from simple consultation to representation in court.

The most demanded is assistance in solving the housing problem of graduates of orphanages.According to the existing legislation of the Russian Federation, graduates and pupils of orphanages have the right to receive free housing. However, this law is often not observed, and the children themselves, as a rule, do not have sufficient knowledge to defend their rights. It is not uncommon for teenagers to be tricked into scams with apartments, as a result of which the child is left homeless.With the help of the “Complicity in Fate” employees, hundreds of graduates of orphanages were able to restore their housing rights and get apartments.

In addition, for several years, Alexey Golovan has been seeking the introduction in Moscow of the position of the Commissioner for Children's Rights. In February 2002, such a position appeared, Alexey Golovan became the first commissioner for children's rights in Moscow.

Public organizations deal not only with the housing rights of orphans. They are active in almost all areas of assistance to children and families.

Here are just a few of their activities:

– providing direct legal protection and work to improve legislation (“Right of the Child”, “Complicity in Fate”, Committee “For Civil Rights”);

– work with disabled children, creation of favorable conditions for their adaptation to society, creation and development of integration education centers (“Ark”, “Rodnik”, “Down Syndrome”, “Same as you”, “Road to the world”) . These organizations work with children with disabilities, organize day care centers for

children, assistance services for families with such children, etc.;

– work with crisis families, creation of “social hotels”; Crisis families are one of the most difficult categories. It is in these families that the elementary rights of children are often violated: to healthy development, education, a normal standard of living, and so on. There are already public organizations in Russia that create help and support centers not only for children from such families, but also for all family members. Their work is aimed not only at helping a child (or family) in a crisis situation, but also at helping to solve the problems that provoked this crisis, restore the normal life of the family (and, accordingly, the child);

– social adaptation of children brought up in orphanages and boarding schools, etc.

In March 2001, the first All-Russian conference dedicated to the problems of Russian children took place - "Civil Society for the Children of Russia". The conference adopted a draft concept of priority measures to protect the rights of the child in Russia. It was immediately decided to create the Union of Public Regional Organizations "Civil Society for the Children of Russia" - a joint instrument in defending children's interests at all levels of government. A year later, in April 2002, about 500 public organizations, whose activities are in one way or another connected with children, gathered in Moscow for the Coordinating Council "Civil Society for the Children of Russia", where they approved the Concept and elected regional representatives. Ella Pamfilova became the chairman of the Union.

According to the Concept, Russian non-profit organizations they see their role in the field of protecting the rights of children in systematizing and disseminating the experience of the most effective social programs and projects in the field of protecting the rights of children, adolescents and youth in priority areas:

- family support in the interests of ensuring the health, well-being and full development of future generations of the nation;

– promotion of healthy lifestyle programs for adolescents and young people;

– support for the forms of employment of adolescents and youth;

- organization of leisure activities for children, adolescents and youth within the framework of cultural, creative, sports and recreational initiatives;

– prevention of childhood disability;

– rehabilitation of disabled children without leaving their families, promoting the development of integrated education, creating an environment that allows a person to use their own resources for full development;

- development of family forms of placement of children left without parental care;

– social reintegration of boarding school graduates

- Reconstruction of the juvenile justice system in Russia;

- introduction of institutions and mechanisms of independent public control over the observance of children's rights at the federal, regional and local levels - such as commissioners for children's rights, public inspectors, etc.;

- development of cooperation with state bodies and structures, including through the system of social contracting for programs implemented in the interests of children;

– development of partnership models with socially responsible business;

– promotion of bills that encourage charity in the interests of children and in support of relevant civil initiatives.

Thus, Russian NGOs are a promising partner for the state in the development and improvement of mechanisms for the protection of children's rights.

Summing up, it can be noted that at the beginning 21 century, the world has developed a system of protection of the rights of children at the international level, supported by relevant legal documents. As for Russia, the main task of the state is the practical implementation of the principles of the Convention on the Rights of the Child, the implementation of the UN recommendations.Julia FedkushovaAPPENDIX CONVENTION ON THE RIGHTS OF THE CHILD

Adopted by resolution 44/25General Assembly from 20november 1989of the year. entered into force 2September 1990of the year.

Preamble

States Parties to this Convention,

counting that, in accordance with the principles enshrined in the Charter of the United Nations, recognition of the inherent dignity, equal and inalienable rights of all members of society is the foundation of freedom, justice and peace on earth,

pay attention to that the peoples of the United Nations have reaffirmed in the Charter their faith in fundamental human rights, in the dignity and worth of the human person, and are determined to promote social progress and better living conditions in greater freedom,

recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone should enjoy all the rights and freedoms set forth therein, without distinction of any kind, such as race, color skin, gender, language, religion, political or other opinions, national or social origin, property, birth or other circumstances,

reminding that the United Nations, in the Universal Declaration of Human Rights, has proclaimed that children are entitled to special care and assistance,

convinced that the family, as the basic unit of society and the natural environment for the growth and well-being of all its members, and especially children, must be afforded the necessary protection and assistance to enable it to fully assume its responsibilities within society,

recognizing that for the full and harmonious development of his personality, a child needs to grow up in a family environment, in an atmosphere of happiness, love and understanding,

counting that the child should be fully prepared for independent life in society and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and especially in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

pay attention to that the need for such special protection of the child was provided for in the Geneva Declaration of the Rights of the Child of 1924 and the Declaration of the Rights of the Child adopted by the General Assembly on November 20, 1959, and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular, in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10), as well as in the statutes and relevant documents of specialized institutions and international organizations dealing with the welfare of children,

pay attention to that, as stated in the Declaration of the Rights of the Child, “the child, because of his physical and mental immaturity, needs special protection and care, including appropriate legal protection, both before and after birth”,

referring to the provisions of the Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, Especially in the Placement and Adoption of Children at the National and International Levels, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“the Beijing Rules”) and Declaration on the Protection of Women and Children in Emergencies and in Armed Conflict,

recognizing that in all countries of the world there are children living in exceptionally difficult conditions, and that such children need special attention,

due regard the importance of the traditions and cultural values ​​of each nation for the protection and harmonious development of the child,

recognizing the importance of international cooperation to improve the living conditions of children in every country, in particular in developing countries,

agreed about the following:

PART I

Article 1

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

Article 2

1. States Parties shall respect and ensure all the rights set forth 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.

2. States Parties shall take all necessary measures to ensure that the child is protected from all forms of discrimination or punishment based on the status, activities, views expressed or beliefs of the child, the child's parents, legal guardians or other family members.

Article 3

1. In all actions concerning children, whether undertaken by public or private welfare agencies, courts, administrative or legislative bodies, the best interests of the child shall be a primary consideration.

2. States Parties undertake to ensure to the child such protection and care as is necessary for his well-being, taking into account the rights and duties of his parents, guardians or other persons legally responsible for him, and to this end, take all appropriate legislative and administrative measures.

3. States Parties shall ensure that the institutions, services and bodies responsible for the care or protection of children comply with the standards set by the competent authorities, in particular in the field of safety and health and in terms of the number and suitability of their staff, and competent supervision.

Article 4

States Parties shall take all necessary legislative, administrative and other measures to give effect to the rights recognized in this Convention. With regard to economic, social and cultural rights, participating States shall take such measures to the maximum extent of their available resources and, where necessary, within the framework of international cooperation.

Article 5

States Parties shall respect the responsibility, rights and obligations of parents and, as appropriate, members of the extended family or community, as provided by local custom, guardians or other persons legally responsible for the child, to adequately manage and guide the child in the exercise of the rights recognized by this Convention. rights and do so in accordance with the developing abilities of the child.

Article 6

1. States Parties recognize that every child has the inalienable right to life.

2. States Parties shall ensure, to the greatest extent possible, the survival and development of the child.

Article 7

1. The child is registered immediately after birth and from the moment of birth has the right to a name and to acquire a nationality, as well as, as far as possible, the right to know his parents and the right to be cared for by them.

2. States Parties shall ensure the exercise of these rights in accordance with their national law and the fulfillment of their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family ties, as provided by law, without unlawful interference.

2. If a child is unlawfully deprived of part or all elements of his or her identity, States Parties shall provide him with the necessary assistance and protection for the speedy restoration of his identity.

Article 9

1. States Parties shall ensure that a child is not separated from his or her parents against their will, unless the competent authorities, by judicial decision, determine in accordance with applicable law and procedures that such separation is necessary in the best interests of the child. Such a determination may be necessary in a particular case, for example, where the parents are abusive or neglectful of the child, or where the parents are separated and a decision needs to be made as to where the child lives.

2. In any proceeding under paragraph 1 of this article, all interested parties shall be given the opportunity to participate in the proceeding and to present their views.

3. States Parties shall respect the right of a child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, unless this is contrary to the best interests of the child.

4. Where such separation results from any decision taken by a State Party, such as upon arrest, imprisonment, expulsion, deportation or death (including death occurring for any reason while the person is in the custody of the State) of one or both parents or a child, such State Party shall provide the parents, the child or, if necessary, another family member, at their request, with the necessary information regarding the whereabouts of the absent family member/members, if the provision of this information is not prejudicial to the well-being of the child. States Parties shall further ensure that the submission of such a request does not in itself lead to adverse consequences for the person(s) concerned.

Article 10

1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his parents to enter or leave a State Party for the purpose of family reunification must be dealt with by States Parties in a positive, humane and expeditious manner. The participating States further ensure that such a request does not lead to adverse consequences for the applicants and their family members.

2. A child whose parents live in different States has the right to maintain, on a regular basis, except in special circumstances, personal relations and direct contact with both parents. To this end, and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his parents to leave any country, including their own, and to return to their country. The right to leave any country shall be subject only to such restrictions as are prescribed by law and are necessary for the protection of national security, public order (ordre public), public health or morals, or the rights and freedoms of others, and are consistent with the other rights recognized in this Convention.

Article 11

1. States Parties shall take measures to combat the illegal movement and non-return of children from abroad.

2. To this end, the participating States shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

Article 12

1. States Parties shall ensure to the child who is capable of formulating his own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall, in particular, be afforded the opportunity to be heard in any judicial or administrative proceedings affecting the child, either directly or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Article 13

1. The child has the right to freely express his opinion; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, whether orally, in writing or in print, in the form of art, or through any other medium of the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these restrictions may only be such as are provided by law and are necessary:

a) to respect the rights and reputations of others; or

b) for the protection of national security or public order (ordre public), or the health or morals of the population.

Article 14

1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.

2. States Parties shall respect the rights and obligations of parents and, where appropriate, legal guardians, to guide the child in the exercise of his right in a manner consistent with the evolving capacities of the child.

3. Freedom to manifest one's religion or belief may be subject only to such restrictions as are prescribed by law and are necessary for the protection of national security, public order, public morals and health, or the protection of the fundamental rights and freedoms of others.

Article 15

1. States Parties recognize the right of the child to freedom of association and freedom of peaceful assembly.

2. No restrictions may be placed on the exercise of this right other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), public health or morals. or protect the rights and freedoms of others.

Article 16

1. No child shall be the object of arbitrary or unlawful interference with his or her right to privacy, family life, home or correspondence, or unlawful attacks on his honor or reputation.

2. The child has the right to the protection of the law against such interference or abuse.

Article 17

States Parties recognize the important role of the media and ensure that the child has access to information and materials from a variety of national and international sources, especially such information and materials aimed at promoting social, spiritual and moral well-being as well as healthy physical and mental development of the child. To this end, participating States:

(a) Encourage the media to disseminate information and materials that are socially and culturally useful to the child and in the spirit of Article 29;

b) encourage international cooperation in the preparation, exchange and dissemination of such information and materials from various cultural, national and international sources;

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

(d) Encourage the media to pay particular attention to the language needs of a child belonging to a minority or indigenous group;

e) encourage the development of appropriate principles for the protection of the child from information and material harmful to his well-being, taking into account the provisions of Articles 13 and 18.

Article 18

1. States Parties shall make every possible effort to ensure that the principle of common and equal responsibility of both parents for the upbringing and development of the child is recognized. Parents or, where applicable, legal guardians have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.

2. In order to guarantee and promote the realization of the rights set forth in this Convention, States Parties shall provide parents and legal guardians with appropriate assistance in the performance of their duties in the upbringing of children and shall ensure the development of a network of childcare facilities.

3. States Parties shall take all necessary measures to ensure that children of working parents have the right to enjoy the services and institutions for the care of children.

Article 19

1. States Parties shall take all necessary legislative, administrative, social and educational measures to protect the child from all forms of physical or psychological abuse, abuse or abuse, neglect or neglect, abuse or exploitation, including sexual abuse, by parents , legal guardians or any other person caring for the child.

2. Such protective measures shall, as appropriate, include effective procedures for the development of social programs to provide the necessary support to the child and those caring for him, as well as for other forms of prevention and detection, reporting, referral, investigation, treatment and follow-up to the cases of child abuse referred to above, as well as, if necessary, to initiate legal proceedings.

Article 20

1. A child who is temporarily or permanently deprived of his family environment or who, in his own best interest, cannot remain in such an environment shall be entitled to special protection and assistance provided by the State.

2. States Parties shall, in accordance with their national laws, provide for substitute care for such a child.

3. Such care may include, inter alia, placement in foster care, kafala under Islamic law, adoption or, if necessary, placement in appropriate institutions for the care of children. When considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and to the child's ethnic origin, religious and cultural affiliation and mother tongue.

Article 21

States Parties that recognize and/or permit the existence of an adoption system shall ensure that the best interests of the child are a primary consideration and they:

(a) ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the status of the child in relation to parents, relatives and legal guardians and that, if required the persons concerned have given their informed consent to the adoption on the basis of such consultation as may be necessary;

b) recognize that 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 with a family that could provide for his upbringing or adoption, and if the provision of any suitable care in country of origin of the child is impossible;

c) ensure that, in the event of a child being adopted in another country, the same guarantees and standards apply as apply to domestic adoptions;

d) take all necessary measures to ensure that, in the event of an adoption in another country, the placement of a child does not result in undue financial gain for those involved;

e) contribute, where necessary, to the achievement of the objectives of this article by concluding bilateral and multilateral arrangements or agreements, and endeavor on this basis to ensure that the placement of the child in another country is carried out by the competent authorities or authorities.

Article 22

1. States Parties shall take the necessary measures to ensure that a child who seeks or is considered a refugee in accordance with applicable international or domestic law and procedures, whether or not accompanied by his or her parents or any other person, is adequately protected and humanitarian assistance in the enjoyment of the applicable rights set forth in this Convention and other international human rights or humanitarian instruments to which the said States are parties.

2. To this end, States Parties shall, where they consider it necessary, cooperate with any efforts of the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist such a child and search for parents or other family members of any refugee child, in order to obtain the information necessary for his reunification with his family. Where parents or other family members cannot be found, that child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as provided for in this Convention.

Article 23

1. States Parties recognize that a child who is mentally or physically handicapped should lead a full and dignified life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society.

2. States Parties recognize the right of the handicapped child to special care and promote and ensure that, subject to the availability of resources, to an eligible child and those responsible for their care, assistance requested and appropriate to the condition of the child and the situation of his or her parents or other persons providing care for the child.

3. In recognition of the special needs of the handicapped child, assistance under paragraph 2 of this article shall be provided, to the extent possible free of charge, taking into account the financial resources of the parents or other caregivers of the child, and is intended to ensure that the handicapped child has effective access to educational services, vocational training, medical care, restoration of health, preparation for work and access to recreational facilities in a manner that results in the fullest possible involvement of the child in social life and the achievement of the development of his personality, including the cultural and spiritual development of the child.

4. Participating States shall promote, in a spirit of international cooperation, the exchange of relevant information in the field of preventive health care and the medical, psychological and functional treatment of handicapped children, including the dissemination of information on methods of rehabilitation, general education and vocational training, as well as access to this information in order to enable participating States to improve their capabilities and knowledge and expand their experience in this area. In this regard, special attention should be paid to the needs of developing countries.

Article 24

1. States Parties recognize the right of the child to the enjoyment of the most advanced health care services and facilities for the treatment of illness and the restoration of health. States Parties shall endeavor to ensure that no child is deprived of his or her right to access such health care services.

2. States Parties shall strive for the full realization of this right and, in particular, take the necessary measures to:

(a) reducing infant and child mortality rates;

(b) Ensuring the provision of essential medical care and the health of all children, with priority given to the development of primary health care;

(c) Combating disease and malnutrition, including in primary health care, through, inter alia, the use of readily available technology and the provision of adequately nutritious food and clean drinking water, taking into account the danger and risk of environmental pollution;

(d) providing mothers with adequate antenatal and postnatal health services;

(e) Ensuring that all sectors of society, in particular parents and children, are aware of the health and nutrition of children, the benefits of breastfeeding, hygiene, sanitation of the child's environment and accident prevention, as well as their access to education and their support in the use of such knowledge;

f) development of educational work and services in the field of preventive health care and family planning.

3. States Parties shall take all effective and necessary measures to abolish traditional practices that adversely affect the health of children.

4. States Parties undertake to encourage and develop international co-operation with a view to achieving progressively the full realization of the right recognized in this article. In this regard, special attention should be paid to the needs of developing countries.

Article 25

States Parties recognize the right of a child placed in care, protection or physical or mental care by the competent authorities to have the treatment provided to the child and all other conditions associated with such care of the child periodically assessed.

Article 26

1. States Parties shall recognize the right of every child to enjoy the benefits of social security, including social insurance, and shall take the necessary measures to achieve the full realization of this right in accordance with their national law.

2. These benefits shall be provided as necessary, taking into account the available resources and capabilities of the child and those responsible for the maintenance of the child, as well as any considerations relating to the receipt of benefits by or on behalf of the child.

Article 27

1. States Parties recognize the right of every child to a standard of living adequate for the physical, mental, spiritual, moral and social development of the child.

2. The parent(s) or others responsible for the child have the primary responsibility to ensure, within their abilities and financial means, the living conditions necessary for the development of the child.

3. States Parties shall, in accordance with national circumstances and within their means, take the necessary measures to assist parents and other persons raising children in the enjoyment of this right and, where necessary, provide material assistance and support programmes, especially with regard to providing food, clothing and housing.

4. States Parties shall take all necessary measures to ensure that the maintenance of the child is restored by the parents or other persons financially responsible for the child, both within the State Party and from abroad. In particular, if the person financially responsible for the child and the child reside in different States, the participating States shall facilitate accession to or conclusion of international agreements, as well as the achievement of other relevant arrangements.

Article 28

1. States Parties recognize the right of the child to education and, with a view to progressively achieving the realization of this right on the basis of equal opportunity, they shall, in particular:

a) introduce free and compulsory primary education;

b) Encourage the development of various forms of secondary education, both general and vocational, ensure its accessibility to all children and take such necessary measures as the introduction of free education and the provision of financial assistance in case of need;

c) ensure that higher education is accessible to all on the basis of the abilities of each by all necessary means;

(d) ensure that information and materials in the field of education and training are accessible to all children;

e) take measures to promote regular school attendance and reduce the number of students dropping out of school.

2. States Parties shall take all necessary measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in accordance with this Convention.

3. The participating States shall encourage and develop international co-operation in matters relating to education, in particular with a view to contributing to the eradication of ignorance and illiteracy throughout the world and facilitating access to scientific and technological knowledge and modern teaching methods. In this regard, special attention should be paid to the needs of developing countries.

Article 29

1. States Parties agree that the education of the child should be directed to:

a) the development of the personality, talents and mental and physical abilities of the child to their fullest extent;

(b) teaching respect for human rights and fundamental freedoms and for the principles enshrined 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 a conscious life in a free society in the spirit of understanding, peace, tolerance, equality between men and women and friendship between all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population;

e) fostering respect for the environment.

2. Nothing in this article or article 28 shall be construed as restricting the freedom of individuals and bodies to establish and administer educational institutions, provided that the principles set forth in paragraph 1 of this article and the requirement that the education provided in such institutions establishments, complied with the minimum standards that can be established by the state.

Article 30

In those States where there are ethnic, religious or linguistic minorities or persons belonging to indigenous populations, a child belonging to such minorities or indigenous populations shall not be denied the right, in community with other members of his group, to enjoy his culture, to profess his religion and to practice his its rituals, and to use their native language.

Article 31

1. States Parties recognize the right of the child to rest and leisure, the right to participate in games and recreational activities appropriate to his age, and to freely participate in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic life and shall promote appropriate and equal opportunities for cultural and artistic activities, leisure and recreation.

Article 32

1. States Parties recognize the right of the child to be protected from economic exploitation and from any work that may endanger his health or interfere with his education or be detrimental to his health and physical, mental, spiritual, moral and social development. .

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of this article. To this end, guided by the relevant provisions of other international instruments, the participating States, in particular:

a) establish a minimum age or minimum ages for employment;

b) determine the necessary requirements for the duration of the working day and working conditions;

(c) provide for appropriate penalties or other sanctions to ensure the effective implementation of this Article.

Article 33

States Parties shall take all necessary measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances, as defined in relevant international instruments, and to prevent the use of children in the illicit production and trade of such substances.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. To this end, the participating States shall, in particular, take at the national, bilateral and multilateral levels all necessary measures to prevent:

a) inducing or coercing a child into any illegal sexual activity;

b) exploitation of children in prostitution or other illicit sexual practices;

c) use for the purpose of exploitation of children in pornography and pornographic materials.

Article 35

Participating States shall take all necessary measures at the national, bilateral and multilateral levels to prevent the abduction, sale or trafficking of children for any purpose and in any form.

Article 36

States Parties shall protect the child from all other forms of exploitation that are detrimental to any aspect of the child's well-being.

Article 37

States Parties shall ensure that:

(a) No child has been subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither the death penalty nor life imprisonment with no possibility of release is imposed for crimes committed by persons under 18 years of age;

(b) No child has been deprived of liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in accordance with the law and used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of his liberty shall be treated with humanity and with respect for the inherent dignity of his person, taking into account the needs of persons of his age. In particular, every child deprived of liberty must be separated from adults, unless it is considered in the child's best interest not to do so, and have the right to maintain contact with his family by correspondence and visits, except in special circumstances;

(d) Every child deprived of liberty has the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the lawfulness of his or her deprivation of liberty before a court or other competent, independent and impartial body, and the right to have them decide without delay on any such procedural action.

Article 38

1. Participating States undertake to respect and enforce the rules of international humanitarian law applicable to them in the event of armed conflict and relevant to children.

2. Participating States shall take all possible measures to ensure that persons under 15 years of age do not take a direct part in hostilities.

3. The participating States shall refrain from conscripting any person under 15 years of age into their armed forces. When recruiting from among persons who have attained the age of 15 but who have not yet attained the age of 18, States Parties shall endeavor to give preference to persons of an older age.

4. Consistent with their obligations under international humanitarian law relating to the protection of civilians in times of armed conflict, States parties undertake to take all feasible measures to ensure the protection and care of children affected by armed conflict.

Article 39

States Parties shall take all necessary measures to facilitate the physical and psychological recovery and social reintegration of a child who is a victim of any form of neglect, exploitation or abuse, torture or any other cruel, inhuman or degrading treatment, punishment or armed conflict. Such recovery and reintegration must take place in an environment that promotes the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child who is believed to have violated the criminal law, is accused of or found guilty of having violated it, to treatment that promotes the development of the child’s sense of dignity and worth, strengthens his respect for human rights and fundamental the freedoms of others, and which takes into account the age of the child and the desirability of facilitating his reintegration and his fulfillment of a useful role in society.

2. To this end, and taking into account the relevant provisions of international instruments, participating States shall, in particular, ensure that:

(a) No child has been considered, charged with or found guilty of a criminal offence, on account of an act or omission that was not prohibited by national or international law at the time it was committed;

(b) Every child who is believed to have violated the criminal law or is accused of having violated it has at least the following guarantees:

i) the presumption of innocence until proven guilty according to law;

(ii) informing him immediately and directly of the charges against him and, if necessary, through his parents or legal guardians, and obtaining legal and other necessary assistance in preparing and exercising his defence;

(iii) A competent, independent and impartial body or tribunal decides on the matter at hand, without delay, in a fair hearing in accordance with the law in the presence of a lawyer or other appropriate person, and, unless it is considered to be contrary to the best interests of the child, in particular, taking into account his or her the age or position of his parents or legal guardians;

iv) freedom from compulsion to testify or confess guilt; examining the testimony of witnesses for the prosecution, either alone or with the assistance of others, and ensuring equal participation of witnesses for the defense and the examination of their testimony;

v) if the child is considered to have violated criminal law, a re-examination by a higher competent, independent and impartial authority or judicial authority in accordance with the law of the relevant decision and any measures taken in this regard;

vi) free assistance of an interpreter if the child does not understand or speak the language used;

vii) full respect for his private life at all stages of the proceedings.

3. Participating States shall endeavor to promote the establishment of laws, procedures, bodies and institutions of direct relevance to children who are considered to have violated, accused of or found guilty of violating the criminal law, and in particular:

(a) Establishing a minimum age below which children are considered incapable of contravening criminal law;

(b) Where necessary and desirable, taking steps to deal with such children without recourse to judicial proceedings, subject to full respect for human rights and legal safeguards.

4. A variety of arrangements such as care, custody and supervision provisions, counseling services, probation, education, education and training programs and other forms of care replacing institutional care are needed to ensure that the child is treated in a way that would be appropriate to his well-being, as well as his position and the nature of the crime.

Article 41

Nothing in this Convention shall affect any provisions that are more conducive to the realization of the rights of the child and may include:

(a) in the law of the State Party; or

b) in the rules of international law in force in relation to the given state.

PART II

Article 42

States Parties undertake to make the principles and provisions of the Convention widely known to both adults and children by appropriate and effective means.

Article 43

1. For the purpose of reviewing the progress made by States Parties in fulfilling the obligations assumed under this Convention, a Committee on the Rights of the Child shall be established, which shall exercise the functions set out below.

2. The Committee shall be composed of ten experts of high moral character and recognized competence in the field covered by this Convention. The members of the Committee are elected by the States Parties from among their own nationals and serve in their personal capacity, with attention being paid to equitable geographical distribution as well as to the principal legal systems.

4. Initial elections for the Committee shall be held no later than six months after the date on which this Convention enters into force, and thereafter every two years. At least four months before the day of each election, the Secretary-General of the United Nations shall write to participating States, inviting them to submit their candidatures within two months. The Secretary-General shall then prepare, in alphabetical order, a list of all persons so nominated, indicating the States Parties which have nominated them, and shall submit this list to the States Parties to this Convention.

5. Elections shall be held at meetings of the States Parties convened by the Secretary-General at the Headquarters of the United Nations. At these meetings, at which two thirds of the States Parties constitute a quorum, those candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting shall be elected to the Committee.

6. Members of the Committee are elected for a four-year term. They have the right to be re-elected if they are re-nominated. The term of office of the five members elected at the first election shall expire at the end of a two-year period; immediately after the first election, the names of these five members are determined by lot by the President of the meeting.

7. In the event of the death or retirement of a member of the Committee, or if for any other reason he or she is no longer able to serve as a member of the Committee, the State Party that nominated that member of the Committee shall designate another expert from among its nationals for the remaining term, subject to approval by the Committee.

8. The Committee shall establish its own rules of procedure.

9. The Committee shall elect its officers for a term of two years.

10. Sessions of the Committee shall normally be held at United Nations Headquarters or at any other suitable location determined by the Committee. The Committee, as a rule, meets annually. The duration of the session of the Committee shall be determined and, if necessary, revised by the meeting of the States Parties to this Convention, subject to the approval of the General Assembly.

11. The Secretary-General of the United Nations shall provide staff and facilities for the effective exercise by the Committee of its functions under this Convention.

12. Members of the Committee established under this Convention shall receive remuneration approved by the General Assembly from the funds of the United Nations in such manner and on terms and conditions as the General Assembly may determine.

Article 44

1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to secure the rights recognized in the Convention and on the progress made in the realization of these rights:

(a) within two years of the entry into force of the Convention for the State Party concerned;

b) every five years thereafter.

2. Reports submitted under this Article shall indicate the factors and difficulties, if any, affecting the extent to which the obligations under this Convention are fulfilled. The reports also contain sufficient information to enable the Committee to fully understand the operation of the Convention in a given country.

3. A State Party that has submitted a comprehensive initial report to the Committee need not, in subsequent reports submitted in accordance with paragraph 1b of this article, repeat the basic information previously provided.

4. The Committee may request further information from States Parties concerning the implementation of this Convention.

5. Reports on the activities of the Committee are submitted once every two years to the General Assembly through the Economic and Social Council.

6. States Parties shall ensure that their reports are widely publicized in their own countries.

Article 45

With a view to promoting the effective implementation of the Convention and encouraging international cooperation in the field covered by this Convention:

(a) The specialized agencies, the United Nations Children's Fund and other organs of the United Nations shall be entitled to be represented when considering the implementation of such provisions of this Convention as fall within their competence. The Committee may invite the specialized agencies, the United Nations Children's Fund and other competent bodies, as it deems appropriate, to submit expert opinion on the implementation of the Convention in areas falling within their respective mandates. The Committee may invite the specialized agencies, the United Nations Children's Fund and other United Nations bodies to submit reports on the implementation of the Convention in areas falling within the scope of their activities;

(b) The Committee shall transmit, as it deems appropriate, to the specialized agencies, the United Nations Children's Fund and other competent bodies, any reports from States parties requesting or indicating a need for technical advice or assistance, as well as comments and the Committee's proposals, if any, for such requests or instructions;

(d) The Committee may make suggestions and recommendations of a general nature based on information received in accordance with Articles 44 and 45 of this Convention. Such proposals and recommendations of a general nature shall be transmitted to any State Party concerned and communicated to the General Assembly, together with the comments of the States Parties, if any.

PART III

Article 46

This Convention is open for signature by all States.

Article 47

This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 48

This Convention is open for accession by any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 49

1. This Convention shall enter into force on the thirtieth day following the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State which ratifies or accedes to this Convention after the twentieth instrument of ratification or accession has been deposited, this Convention shall enter into force on the thirtieth day after such State has deposited its instrument of ratification or accession.

Article 50

1. Any State Party may propose an amendment and submit it to the Secretary-General of the United Nations. The Secretary-General shall then communicate the proposed amendment to the States Parties with a request that they indicate whether they favor a conference of States Parties for the purpose of considering and voting on the proposals. If, within four months from the date of such communication, at least one third of the States Parties favor such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at this conference shall be submitted to the General Assembly of the United Nations for approval.

2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force upon its approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties.

3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, while the other States Parties shall remain bound by the provisions of this Convention and any earlier amendments which they have accepted.

Article 51

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.

2. A reservation inconsistent with the object and purpose of this Convention is not permitted.

3. Reservations may be withdrawn at any time by appropriate notification addressed to the Secretary-General of the United Nations, who then informs all States accordingly. Such notification shall take effect from the date of its receipt by the Secretary General.

Article 52

Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the receipt of the notification by the Secretary General.

Article 53

The Secretary-General of the United Nations is designated as the depositary of this Convention.

Article 54

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Convention.

Plan:

1. Convention on the Rights of the Child

2. General provisions Convention on the Rights of the Child

1. Convention on the Rights of the Child is the first officially approved international document that includes a complete list of human rights: civil and political rights along with economic, social rights, which emphasizes their importance equally.

The Convention on the Rights of the Child was unanimously approved by the UN General Assembly November 20, 1989. At present, it has been ratified by all states of the world with the exception of two: the United States and Somalia.

Convention defines child as a human being until reaching the age of 18, unless, under the law applicable to the child, he reaches the age of majority earlier.

The Convention establishes the necessary legal and moral standards for the protection of the rights of the child and does not interfere with any measures to improve the rights of the child, enshrined in state treaties. The states parties to the Convention have official and moral obligations to realize the rights of the child through administrative, legislative, legal and other measures to implement the Convention.

Basic principles of the Convention

2. The best interests of the child.

3. The right to life, survival and development.

4. Respect for the views of the child.

The main idea of ​​the Convention is the best interests of the child. The provisions of the Convention boil down to four basic requirements that should ensure the rights of children: survival, development, protection and active participation in society.

The Convention affirms a number of important social legal principles. The main one is the recognition of the child as a full-fledged and full-fledged personality. It is a recognition that children should have human rights in their own right and not as an appendage of their parents and other guardians.

Recognizing the child as an independent subject of law, the Convention covers the whole range of civil, political, economic, social and cultural rights. At the same time, she emphasizes that the exercise of one right is inseparable from the exercise 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 his or her intellectual, moral and spiritual abilities requires not only a healthy and safe environment, an adequate level of health care, the provision of minimum standards of food, clothing and housing, but also the provision of all these first and foremost, at all times. in priority order, children.

The main provisions of the Convention include:

Every child has the inalienable right to life, and States shall ensure, to the greatest extent possible, the survival and development of the child.


Every child has the right to a name and a nationality from the moment of birth.

In all actions of the courts, social welfare institutions, administrative bodies dealing with children's problems, the best interests of the child shall be the primary consideration.

States shall ensure that every child enjoys all rights without any discrimination or distinction.

Children should not be separated from their parents unless this is done by the competent authorities in the interests of their well-being.

States should facilitate family reunification by allowing entry into or exit from their territory.

Parents have the primary responsibility for the upbringing of the child, but States must provide them with adequate assistance and develop a network of childcare facilities.

States must ensure that children are protected from physical or psychological harm and abuse, including sexual abuse or exploitation.

States shall provide suitable substitute care for children who have no parents. The adoption process is carefully regulated and international agreements should be sought to provide guarantees and legal validity in cases where adopters intend to remove a child from the country of birth.

Children with special needs, including children without one or both parents, deprived of guardianship, street children, children with physical or mental disabilities have the right to special treatment, education and care.

The child has the right to enjoy the most advanced health care services. The State must ensure the health of all children, giving priority to preventive measures, health education and the reduction of child mortality.

Primary education should be free and compulsory.

School discipline must be maintained in a manner that respects the human dignity of the child. Education should prepare the child for a life of peace and tolerance.

Children should have time for rest, play and the same opportunities to engage in cultural and creative activities.

States must ensure that the child is protected from economic exploitation and work that may interfere with education or be detrimental to his health and well-being.

States must protect children from illicit drug use and participation in drug production or trafficking.

The death penalty or life imprisonment is not imposed for crimes committed by persons under the age of 18.

Children should be detained separately from adults; they must not be subjected to torture or cruel and degrading treatment.

No child under 15 years of age shall take any part in hostilities; children affected by armed conflict are under special protection.

Children from national (ethnic) minorities and the indigenous population should freely use the property of their own culture and mother tongue.

Children who have been ill-treated, abused, detained or neglected must receive appropriate treatment or training for their recovery and rehabilitation.

Children who become involved in violations of the criminal law must be treated in a manner that promotes their sense of dignity and worth and to facilitate their reintegration into society.

States should widely inform both adults and children about the rights contained in the Convention.