Law is a concept from jurisprudence, which implies a set of norms and rules established by the state to regulate relations in society. Prescriptions allow a person to act in one way or another, to demand respect for rights in relation to himself.
Children, until they reach adulthood, are dependent on their parents or guardians. Due to their age, they cannot make certain decisions regarding their own lives. In order to protect young members of the legal society from possible dangers and attacks, the rights of the child are regulated by laws.
The individual rights and freedoms of children are legally secured. In this article we will study in detail the rights of minors of all ages, the documents regulating them, government guarantees, and penalties for failure to comply with norms and requirements.
Content:
- Features of children's rights
- Basic rights of a child in Russia What general rights does a child have in our country?
- Rights of the child in the family
- Social rights of the child
- Personal rights of a child
- Property rights of children
- Child's rights to child support
- About labor rights
- Right to medical care
Features of children's rights
According to the Convention on the Rights of the Child, approved by the UN General Assembly in 1989, a child is any person under eighteen years of age. From birth, children receive equal rights and freedoms. Discrimination based on gender, country of birth, nationality, race, religion, language, or financial status is unacceptable. Considering the immaturity of the physical and psychological plane, children need special protection, care, and protection of the state.
Human life is in the leading position in the hierarchy of values. The right to life is recognized as a fundamental basic good. The Constitution of Russia (Article 20) enshrines the right of every person to life.
A citizen of the Russian Federation is endowed with legal capacity by birth. Protecting children's rights begins even before this moment. An unborn child is endowed with conditional legal capacity before birth . He is a contender for inheritance (Civil Code of the Russian Federation, Art. 1166). The division of property can be done after the birth of an heir. According to the Family Code of the Russian Federation, divorce does not entail changes in the rights of the child, including the unborn (Article 30). Consequently, Russian law gives the child certain rights after the fact of conception has been established. The embryo is protected by laws regulating the medical field and social norms.
Protecting children's rights, providing opportunities to develop, learn, and socialize are important tasks for Russia. Parents and guardians must convey to children information about their rights, instill self-respect, and cultivate belonging to a legal society. The child is a citizen of the Russian Federation of no less importance, and equality between members of society is regulated by the Constitution of the Russian Federation.
What documents contain the rights of a child?
The main documents defending children's interests in Russia:
- Constitution. The basic law of the state regulating the rights of citizens regardless of age. Children are granted legal capacity upon birth.
- Family code. Set of rules for regulating family norms. Contains social, personal, property rights of children.
- Criminal Code. Determines the degree of criminal offenses and penalties for juvenile offenders.
- Federal Law N 124-FZ “On basic guarantees of the rights of the child in the Russian Federation” (06/24/1998). An expanded set of rules regarding the protection of the rights of the child in the field of life support, study, social adaptation, and health improvement.
- Federal Law N 273-FZ “On Education” (December 29, 2012). It justifies the child’s right to education in various institutions, determines the level of responsibility of parents or guardians for the child’s education.
- Federal Law N 159-FZ “On additional guarantees for social support for orphans and children left without parental care” (December 21, 1996). The document establishes standards for the upbringing and maintenance of children who have lost their breadwinners.
- Federal Law N 181-FZ “On social protection of disabled people in the Russian Federation” (11/24/1995). Regulates the freedoms of children with developmental disabilities.
- Regulatory documents formed by the constituent entities of the Russian Federation and self-government bodies. Laws on the education of children that do not contradict the Constitution and Federal Laws, issued locally.
- Charters of preschool educational institutions, schools. Educational institutions can draw up their own regulatory documents containing standards regarding behavior, appearance, and methods of teaching children. They are also subject to the basic laws of the Russian Federation.
In addition to the main regulations, there are targeted state programs to create favorable conditions for the growth and development of children. All regional laws are adopted in accordance with the main provisions of the country and international laws.
Rights and responsibilities of schoolchildren material on the topic
Rights and responsibilities of schoolchildren
An integral component of education is upbringing - pedagogically rational management of the processes of development of a child’s personality. This understanding is enshrined in the Law of the Russian Federation “On Education” and is confirmed in the practice of educational institutions in Moscow. The modern school builds its activities based on the rights and freedom of man and citizen, which are enshrined in international and legal documents.
Our school has developed an original educational system. It is based on a complex of pedagogical ideas, system-forming activities, and a unique structure. The core of this system was a closely knit team of children, parents and teachers, using democratic forms of management in their work. They are based on the study of human rights and fundamental freedoms.
Knowledge of one's rights and freedoms, the ability to realize and protect them, a clear understanding of personal freedom and responsibility, the ability to resolve disputes and conflicts by legal means - this is what currently forms the basis of the legal culture of citizens.
RIGHTS AND RESPONSIBILITIES OF THE STUDENT
The student has the right:
1. The right to receive free education in accordance with state educational standards. Development of your personality, your talents, mental and physical abilities.
2. The right to education within the framework of the state educational standard according to individual curricula, in the manner determined by the charter of the school (home education for medical reasons).
The teaching load and the schedule of students’ classes are determined by the school’s Charter on the basis of recommendations agreed with the health authorities.
3. The right to freely express one’s own views, beliefs and opinions in a correct form that does not humiliate the rights of other people.
The student's views are given due weight in accordance with his age and maturity.
4. The right to be heard.
5. The right to receive information appropriate to his age, goals and objectives of the educational process.
6. The right to freedom of thought, conscience and religion.
7. The right to respect for human dignity.
8. The right to teacher assistance in additional classes provided for by the school schedule.
9. The right to receive additional paid educational services, in accordance with the School Charter.
10. The right to an open assessment of a student’s knowledge and skills, receiving a grade in each subject solely in accordance with their knowledge and skills.
11. The right to advance notice in carrying out control work in accordance with the schedule.
12. The right to know about the number of control works during the day and per week in accordance with sanitary standards.
13. The right to know about the grades assigned to him for oral answers and written work.
14. The right to confidentiality of the evaluation of your answer or written work.
15. The right to request a postponement of test dates after absences due to illness, confirmed by medical documents.
16. The right to rest during breaks between lessons and during vacations.
17. The right to participate in the cultural life of the school and events organized there that are appropriate to the student’s age.
18. The right to participate in the management of an educational institution in the manner determined by the school’s Charter (School Council).
19. The right to participate in speeches of the school press, conferences, open microphones.
20. The right to contact the Commissioner for the rights of participants in the educational process.
21. The right to transfer to another educational institution implementing an educational program of the appropriate level, with the consent of this educational institution and their successful completion of certification.
Student responsibilities:
General rules of conduct
1. The student comes to school 15 minutes before the start of classes, is clean and tidy, takes off his outerwear in the wardrobe, puts on a change of shoes, takes a workplace and prepares all the necessary school supplies for the upcoming lesson.
2. You cannot bring weapons (including knives), explosives, or flammable substances into the school territory for any purpose and use them in any way; alcoholic drinks, cigarettes, drugs.
3. Chewing gum is not allowed at school.
4. It is not allowed to use players and mobile communications during lessons.
5. It is prohibited to use obscene expressions and gestures.
6. You cannot leave school during school hours without the permission of the class teacher and the administrator on duty (nurse). You can leave the school by presenting a note from the class teacher and the administrator on duty, (medical worker) to the school security guard who, together with the duty officer on the 1st floor, writes down the student’s time of leaving school in the duty notebook.
7. In case of absence from classes for up to 3 days, the student must present to the class teacher a certificate from the clinic or a statement from the parents (their substitutes) about the reason for absence from classes. For more than 3 days, the student must provide a certificate from a medical institution.
8. Smoking is prohibited on school premises. If this clause is repeatedly violated, the student’s parents will be held administratively liable in accordance with the law.
9. School students must respect the dignity of students and school employees.
10. Physical violence, intimidation and bullying, attempts at personal humiliation, and discrimination based on nationality are unacceptable forms of behavior.
A student who violates this clause is subject to administrative or criminal liability in accordance with the law.
11. Disciplinary measures will be taken against a student who does not maintain cleanliness and order on the territory and in the school building.
12. The student takes care of school property and treats his own and other people’s property carefully. In case of damage to school property (breakage or damage to furniture, equipment, dishes, walls, etc.), parents (legal representatives) are obliged to compensate it.
13. The student must respect property rights. School supplies, clothing and other personal items in the school belong to their owners.
14. Disciplinary measures are taken against a student who has appropriated or damaged other people’s things, including criminal liability.
15. A student who finds lost or forgotten items hands them over to the administrator on duty or the security guard on duty.
16. Takes part in activities to improve the school and school grounds, to the best of his physical abilities.
Behavior in class
1. When the teacher enters the class, the students stand up and greet the teacher. Students will similarly greet any adult who enters the classroom during class (except during computer time and during tests and labs).
2. The student is required to complete homework within the time limits set by the teacher.
3. At the first request of the teacher, the student presents his diary.
4. Students from grades 1-11 are required to keep a diary. At the first request of the teacher, the student presents his diary.
5. The student is required to have the necessary textbooks, notebooks, manuals, tools and writing materials during classes.
6. During lessons, it is forbidden to be distracted yourself or distract others from classes with extraneous conversations, games and other matters not related to the lesson.
7. The student raises his hand if he wants to ask the teacher a question or answer a teacher’s question.
8. The student has the right to ask questions to the teacher during the lesson if he does not understand the explanation material.
9. If during class a student needs to leave the classroom, he must ask the teacher’s permission.
Student behavior during breaks and after classes.
1. During a break, the student must:
• bring cleanliness and order to your workplace;
• be in the school's recreation areas;
2. Recess time is each student’s personal time. The student must not violate the rules of conduct at school:
• It is prohibited to run around the school, push each other, throw objects and use physical force.
• Unauthorized opening of windows, sitting on window sills.
• Submit to the requirements of the teacher on duty for the floor.
3. The duty class helps the duty teacher to monitor compliance with discipline during breaks.
4. During recess, each student can turn to his class teacher, duty teacher, duty administrator or authorized representative for the protection of the rights of participants in the educational process for help if an illegal action is committed against him.
Student behavior in the cafeteria
1. During meals, students should adhere to good manners and behave decently:
• The student treats cafeteria workers with respect.
• Students treat the property of the school canteen with care.
• It is not allowed to talk loudly, run or play in the dining room.
• The student is required to clear the dishes from the table after eating.
2. It is not allowed to take drinks, sandwiches, and other food products purchased from the buffet out of the dining room.
3. The student has the right to bring breakfast brought from home to the dining room.
4. Class attendants set the table for meals for the whole class in advance (10 minutes before the end of the lesson) (express breakfasts, lunches)
5. The class on duty monitors the cleanliness and order in the dining room and helps set tables for the primary classes.
6. It is prohibited to come to the dining room in outerwear.
Responsibilities of the class attendant
1. Duty officers are appointed in accordance with the class duty schedule.
2. They help the teacher prepare the class for the lesson and clean the classroom as much as possible.
3. During breaks, they ventilate the classroom, help the teacher hang up educational material for the next lesson, and distribute notebooks at the teacher’s request.
4. After finishing the lessons, they prepare the classroom for the next working day (they wipe dust from the furniture, water the flowers, wash the floor, take out the trash).
5. The attendants of grades 1-4 carry out all possible cleaning (wiping desks, watering flowers, taking out trash).
Responsibilities of the duty class at school.
The class on duty comes to school for morning assembly at 7:45 am. They hand over duty to the duty administrator after school.
1. School duty officers:
- maintain cleanliness and order in the school;
— carry out the instructions of the teacher on duty and the administrator;
- report violators of discipline to the teacher on duty and the administrator;
2. Dining room attendants:
- monitor the cleanliness and order in the dining room;
— help set tables for primary classes;
- they are not allowed to leave the dining room with sandwiches and drinks. To take action against troublemakers, turn to the teacher on duty for help.
or the duty administrator;
— after breaks, they remove the dishes left on the tables, sweep the floor in the dining room and on the school grounds.
3. Person on duty at the entrance:
— carries out the instructions of the security guard and the administrator on duty. Invites teachers and students to the 1st floor for a conversation if parents contact them.
Recommendations for the appearance of students
1. Students come to school in neat clothes intended for class. It is prohibited to come to school wearing tank tops, miniskirts, low-cut tops, and shorts.
2. You cannot wear excessive makeup or jewelry at school.
3. At school, all students wear removable shoes.
4. Sportswear is intended only for physical education lessons.
5. It is not permitted to wear outerwear at school without any special reason.
6. Students come to formal school events in full dress uniform (boys - suit, tie; girls - white top, dark bottom)
7. For holiday discos and evenings, students choose clothes on the recommendation of their parents and at their own discretion.
Basic rights of the child in Russia
Ignorance of the law does not exempt you from responsibility, and ignorance of personal rights does not exempt you from violating them. Often the rights of minor children, enshrined in the basic laws of the country, are not respected or are not fully respected.
What general rights does a child have in our country?
A minor child in the Russian Federation is entitled to the following rights:
- life and upbringing in the family;
- protection of interests;
- communication with parents and relatives;
- expressing one's own opinion;
- name and its change;
- education;
- medicine;
- property.
Rights of the child in the family
Families, as structural units of society, are protected by the state. The main provisions are fixed in the Family Code. Regulatory acts regulate family relations and protect the rights of adults and minors.
Basic family rights of a Russian child:
Children have the right to live in a family, to be raised and cared for by their parents (Article 54 of the RF IC of 1995)
Staying in a family is a significant factor in the development of an individual’s personality. A full member of society must have high moral principles. Moral standards must be instilled by parents. The decision to remove a child from the family can be approved by the court if it is in his interests, or if being with his parents threatens life and health.
Placement into care of relatives or another family is possible only with the consent of the parents, if they have parental rights to the child. In case of divorce, children over 14 years of age independently choose which parent to remain with.
The right to freely communicate with relatives and parents
Communication with blood relatives, including grandparents, brothers, sisters, helps to grow in a friendly atmosphere and cultivate family values. It is impossible to protect children from contact with relatives in the event of a quarrel, divorce, or move. If the child’s right to unhindered communication is violated, relatives can file a complaint with the guardianship authorities. If the decision is not enforced, you can go to court.
The child has the right to be protected by his parents
They are the ones who represent interests legally. Parents are obliged to act in the interests of the minor, to defend his rights in court and in everyday situations. Family law is designed to protect children from the dishonest performance of their duties by parents. If a citizen of the Russian Federation notices a violation of the rights of a child, he should contact the guardianship authorities with a complaint. The case will be reviewed by regulatory authorities.
Always take care of your children, even when you are not in the immediate vicinity! Know where your child is, what route he is taking, what he is doing and what is happening around him with the Where are My Kids app.
Social rights of the child
Children are entitled to social security. A child under 18 years of age who becomes an orphan due to the death of their breadwinners or deprivation of parental rights is transferred to another family or an orphanage to be raised. The first case involves maintaining the child at the expense of the trustee or guardian, the second - at the expense of state funding.
Minor children left without parents must be sent to institutions for the prevention of neglect (Federal Law of the Russian Federation “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”, edition 04/24/2020). For preventive purposes, homeless children, vagrancy, drug use, and children who have committed offenses and criminal offenses are subject to forced detention in special institutions for preventive purposes.
According to Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care” (dated December 21, 1996), children without parents are entitled to benefits for education, medical services, and property. Social protection is carried out by government agencies and regional self-government bodies in the field of children's law.
Personal rights of a child
Personal non-property rights of children include:
Opportunity to express your opinion
The child’s wishes are taken into account when resolving issues that directly affect his interests. In judicial or administrative proceedings, the opinion of children who are ten years old is required to be heard. Verdicts against the will of the child can be accepted only in exceptional cases when the child wants something that is contrary to his interests.
Change of full name
The surname is passed on to the child from the parents. If spouses have different surnames, they choose the appropriate option at their own discretion, just like the name. Disagreements on this issue are resolved by the guardianship authority or trustee. Up to the age of 14, parents can change the surname and first name of their children with the permission of a social worker. The procedure cannot be carried out unilaterally, for example, if one parent does not agree. The following circumstances are exceptions:
- lack of parental rights;
- failure to pay child support;
- unknown location;
- inparticipation in the educational process.
From the age of 10, when changing a name, the child’s opinion must be taken into account. The guardianship authority will consider how justified and valid the reasons for the event are. The decision will be made in the interests of the minor citizen.
The change of patronymic is carried out by court decision. A weighty argument is the adoption process. The presence of a living father, whose last name is indicated on the birth certificate, will become an obstacle to a decision in favor of the adoptive person if the father has parental rights.
When a child turns 14 years old, he has the right to independently submit an application for a name change to the registry office. You can change your full name or only part of it. The document will need to explain the reason for this decision. A mandatory requirement is a written, notarized agreement of both parents (in case of a complete family).
If the parents do not agree to change the name, a child over 14 can apply to the court to resolve the issue. The document must be submitted to the registry office. Alternative legal options for a minor to change their name are emancipation (with confirmed employment and recognition of legal capacity) or marriage.
Right to freedom of religion and assembly
A child, like an adult citizen, is endowed with freedom of belief regarding God. Article 28 of the Constitution of the Russian Federation guarantees freedom in terms of choosing religion. By age, the child does not have developed critical thinking and a sufficient amount of knowledge, therefore he is easily influenced by the environment and various manipulations. Parents, educational institutions, and others are prohibited from forcing children to participate in religious gatherings against their will. Thus, the law prevents the exertion of moral and psychological pressure on minor citizens.
Property rights of children
The Civil Code regulates the rights of the child regarding the disposal of personal property (Art.,). From the age of 14, children are allowed to enter into transactions with written permission from a parent or guardian. Personal earnings and scholarships can be used at the discretion of the minor without written certification.
Children under fourteen cannot dispose of property. This right is transferred to their parents or guardians. The exception is small household purchases. The powers of parents in property transactions are regulated by the Civil Code of the Russian Federation (Article 37). The article contains a list of restrictions on the disposal of the property of a minor ward. Without the consent of the guardianship authorities, parents and guardians cannot sell, rent, or donate the child’s property.
Children have the right to use the property of their parents when living together with them by mutual consent (RF IC, Article 60).
Minor members of society are endowed with inheritance rights. A child may receive property by inheritance, will, or as a gift. Also, children are heirs of the second priority, if there are no primary heirs.
Child's rights to child support
The maintenance of the child is entrusted to the parents and other family members. If money for maintenance is not received from one or two parents, the court imposes a forcible penalty. The amount of alimony depends on the official salary and income. One child is entitled to ¼ of the income. The amount of penalties increases proportionally depending on the number of children. It is possible to reduce or increase the amount of alimony by court order.
If a parent receives money irregularly, a fixed monthly amount is established for the child's life. The funds go to the bank account of the parent or guardian with whom the child actually lives. The money received must be spent exclusively on the needs of the little citizen (Article 60 of the Family Code of the Russian Federation).
Class hour on the topic: Rights and responsibilities of a child in elementary school
Topic: Rights and responsibilities of a child in primary school
NOVEMBER 20 - World Children's Day is a holiday of joy and happy childhood, which is celebrated in many countries around the world.
And the reason for all this was the Geneva Declaration of 1924 - it was then that the issue of social protection of children’s rights was first raised.
I offer you material that can be used for primary and secondary school children as a conversation, class hour, or extracurricular activity. A fabulous quiz dedicated to children's rights can be found on my blog. It serves as a direct continuation of this class hour. Goal:
formation of ideas about the main legal documents: “Universal Declaration of Human Rights”, “Convention on the Rights of the Child”, correction of thinking and active-volitional defects of behavior through play.
Objectives:
1. To acquaint children with the history of the emergence of legal documents and their significance in the life of a child.
2. Using the example of literary works, introduce the articles of the Convention and show the unity of rights and obligations. 3. Expand the legal knowledge of students, develop the ability to apply it in practice. 4. Foster legal self-awareness and respect for the rights of another person. Equipment:
S.I. Ozhegov’s explanatory dictionary, brochures - “Declaration”, “Convention”, “Constitution”;
posters for hall decoration; cards with definitions, laptop, (presentations of articles, legal and fairy-tale quiz). Teacher:
I bring to your attention fabulous pictures, look at them carefully. (Russian folk tale Geese and Swans)
(H.H. Andersen Thumbelina)
(D.N. Mamin-Sibiryak Gray Neck)
(H.H. Andersen The Snow Queen)
(A.S. Pushkin The Tale of Tsar Saltan...")
(Russian folk tale The Fox and the Hare)
(Russian folk tale The Cockerel is a golden comb)
-Illustrations for what fairy tales do you see? What rights of fairy-tale characters are violated in these fairy tales? (The right to inviolability of the home, the right to physical inviolability, the right to life and freedom, to protection, to live and be raised in a family, to communicate with parents and other relatives, to protect your rights.) - Why do you think so? (Everyone is equal in their rights and no one should violate them.) Teacher:
Think and tell me what the word “right” means?
(children's statements). — For a precise definition, let’s turn to Ozhegov’s dictionary. I will ask the best reader in our library to read it. (One child reads aloud). LAW is a set of norms and rules established and protected by state authorities that regulate relations between people.
— Every person (both adults and children) has their own rights.
Human rights are the rules by which he and the people around him live.
People must live according to the rules that are laid down in society, determined by customs, traditions, and the life experiences of many generations, then the principles of reason, justice, conscience and order will operate in this society.
-Tell me, who shows concern for you, tries to protect you from troubles, creates all the conditions necessary for your development, protects your interests and rights? (Children answer). — First of all, the adults who are around you every day are concerned about you: at home - your parents, and at school - the director, head teacher, social educator, teachers, educators and many others. But children are also taken care of by public and government organizations that Their main task is to protect children. The most authoritative among them is the United Nations Organization (UN). It arose after the Second World War, which was unleashed by Nazi Germany, and as a result of which more than 50 million people died and many cities, towns and villages were destroyed. People all over the world have realized the consequences of violating human rights, namely the most important right, the right to life, and that war is the worst way to resolve disputes and problems. Today, humanity has such powerful weapons that if World War III happens, it will destroy all of humanity. To prevent a global catastrophe, the people of many countries decided to unite, so that disagreements and contradictions would force people not to fight, but to enter into negotiations, so that conflicts could be resolved peacefully. It was for this purpose that the United Nations (UN) was created in October 1945. On December 10, 1948, the UN member states signed the Universal Declaration of Human Rights.
— This is a document in which states promised their people civil rights and freedoms: equality of all before the law, personal integrity, freedom of conscience, the opportunity to believe or not to believe in God, and much more. — The Universal Declaration of Human Rights is a necessary and useful document. But it talks about people in general - and not a word about children! But it is children who need special attention, care and protection from the state, since military conflicts, terrorist attacks, accidents, natural disasters, epidemics still occur somewhere, and crimes are committed, as a result of which children suffer. On November 20, 1959, the UN General Assembly adopted the Declaration of the Rights of the Child, and 30 years later, in 1989, the Convention on the Rights of the Child, which was signed by 61 states, including the USSR (September 15, 1990)
-Listen to the difference between the Convention and the Declaration: The Convention, as an international document, differs from the Declaration in that Declarations are calls on peoples and states to comply with the provisions written in them. And the Conventions, if signed by a representative of a state, are the obligation of that state to strictly follow this international treaty. From the moment of birth, in accordance with the Convention on the Rights of the Child, a small citizen is taken under the protection of the state and has the following rights:
Live and be raised in a family Communicate with parents and other relatives Protect your rights Express your opinion The right to a first name, patronymic and last name Change of last name and name The right to property The right to medical care The right to education and others. Thus,
in the twentieth century, two holidays dedicated to little boys and girls appeared in the world: World Children's Day (November 20) and International Children's Day (June 1).
On November 20, many countries around the world celebrate a holiday of joy and happy childhood - World Children's Day.
The Convention on the Rights of the Child adopted in 1989 is called the “Children's Constitution”. The Convention on the Rights of the Child as an international legal act has the highest legal force and is an integral part of the legal system of the Russian Federation in accordance with Art. 15 of the Constitution of the Russian Federation.
— The Convention has 54 articles on the rights of the child. Today we'll look at the most important ones you should know.
Article 1 “A child is every human being under the age of 18.”
Until the age of 18, adults are responsible for you; after 18, you are responsible for your actions.
What is the name of this fairy tale? What will happen now? What rule does the Fox break? (Right to security, right to life and liberty) Article 6 “Every child has the right to life.”
This is the main right of every person. -Tell me, is it necessary to take care of disabled children and other sick children? (Children's answers) In ancient times there was a state of Sparta, which was famous for its invincible warriors - hardy, strong, healthy, undaunted! But how did the Spartans treat their citizens? As soon as a boy was born, they examined him and decided: if he is strong and healthy, let him live. And if he is weak, sick, Sparta does not need him. Throw him off the cliff! But a weak child, if he trains, can grow up strong and dexterous: he can become a scientist-inventor or a talented artist, a wise doctor or even a commander! It’s just that the sick need to be treated, the weak need to be helped...
Alexander Vasilyevich Suvorov (November 24, 1730—May 18, 1800) was a great Russian commander, military theorist, and national hero of Russia.
A.V. Suvorov grew up as a very sick and frail boy. Great willpower and physical training allowed him to become a great commander of Russia.
Article 7 “From the moment of birth, a child has the right to a name.”
Each of you has a first name, last name and patronymic. This information is recorded in a special document - a birth certificate.
Here you also write your date of birth, where you were born and who your parents are. This is the child's first document. Each of you has it! When you turn 14 years old, another document is issued. Who knows what it's called? (Passport) The passport changes at the age of 20 and 45.
Article 13 “The child has the right to freely express his opinion.”
The child can express out loud everything he thinks; write and even publish in a newspaper or magazine.
Article 16 “Everyone has the right to own property and the inviolability of their home.”
No one has the right to deprive you of your property or home. Remember in which fairy tales this right is violated? (Fairy tale “The Three Little Pigs”)
(“Zayushkina’s hut”)
Article 28 “The child has the right to free education”
Not all countries have the opportunity for children to receive free education. This once again confirms that our state takes special care of the future of our children. Therefore, you must exercise this right and study well.
Article 31 “Every child has the right to rest and leisure.”
You have a responsibility to respect the rights of others.
Article 32 “The child has the right to protection from exploitation.”
What does the word "exploitation" mean? (From S.I. Ozhegov’s dictionary: “Exploitation is the appropriation of the results of someone else’s labor”). Illegal use of other people's labor for one's own purposes. With an 8-hour working day for adults, children from 14 to 16 years old have the right to work 4 hours a day, from 16 to 18 years old - 6 hours a day in free time from school with the consent of their parents or guardians. Very often, declaring one's rights serves as an excuse for not wanting to do anything, to receive everything and not give anything in return. For example, you are asked to take out the trash, clean your room or closet with personal belongings.
You will say: “You have no right to use children’s labor.” -Tell me, will you be right? Of course not. This is not forced labor, but help with housework that is feasible for you, self-service. Article 37 a) “No child shall be subjected to torture or other cruel treatment or punishment.”
b) “No child shall be deprived of his liberty by unlawful means.” The arrest or detention of a child is carried out in accordance with the law and only as a last resort. Do you know at what age criminal liability begins? (From the age of 16, for especially serious crimes - from the age of 14). Rights do not need to be purchased, earned, or inherited. They belong equally to all people, regardless of nationality. Rights cannot be taken away—no one can take away the rights of another person, for any reason. We are all born free and equal. All children are equal in their rights and no one should violate them!
To become a full-fledged citizen of society, you need to know your rights. I invite you to exercise your right to rest and leisure and answer the quiz questions.
QUIZ "Child's rights"
1.Name the basic law of the state. (Constitution of the Russian Federation)
2.What international document enshrines children's rights? (The Convention on the Rights of the Child is an international legal instrument.)
3.In what year was the Convention on the Rights of the Child adopted? (On November 20, 1989, the UN adopted a special document called the “Convention on the Rights of the Child”) 4. What is law? (RIGHT is a set of norms and rules established and protected by the state authorities that regulate relations between people.) 5. A child is...? (A child is every human being under the age of 18. Article 1) 6. Which children are entitled to special care and protection? (All children have this right). 7. The child has the right: Every child has the right to life. Article 6 The child has the right to freely express his or her opinion. Article 13 8. At what age do citizens begin to fully exercise their rights? (Article 60 of the Constitution of the Russian Federation states “A citizen of the Russian Federation can independently exercise in full his rights and obligations from the age of 18.”) 9. How old is the Convention on the Rights of the Child this year? (26 years old) 10.What identification documents does each child have? (Up to 14 years of age - a birth certificate, and then a passport). -Conclusions:
You cannot put your rights above the rights of other people, then your rights will be respected.
Remember the golden rule of morality: “Never do to others what you would not wish for yourself.”
These words belong to the ancient philosopher - Chinese thinker Confucius.
— Now let’s listen to the poems: 1. We are citizens, but still children. Sometimes there is a reason to protect ourselves. That's why the Convention was invented in the world, So that we know our rights and defend our honor. 2. The Convention gives everyone an equal right, So that there are much fewer children’s tears, They not only dream about the happiness of children, They are not afraid of problems, they solve them together. 3. Fifty-four - neither more nor less. There are many laws for the happiness of children, so that there are fewer violations on our entire planet. 4. The main right to life and freedom, to love and family care. For study, relaxation, hobby. Social protection and treatment. 5. I understood the law, but still, friends, I’m not very mature - that’s the problem. They won’t listen to me, they might beat me. How can I resolve the issues myself? 6. Don’t be afraid, your family is with you, the Teacher will not leave you in trouble. There are many good people in the world - They will help, stay cheerful. 7. Until the age of 18, your rights are protected by adults, they are always ready to support you. Do you understand now? Well, in general - yes! Teacher:
Guys, tell me what was important for you in class today? — Why do you need to know your rights? (You need to know them in order to be able to protect yourself. Knowing your rights is very useful, it gives you self-confidence). — You need to not only know your rights, but also always remember your responsibilities. “I hope that the knowledge gained will definitely be useful to you in your future life.” Our class hour has come to an end.
Rights of the child from birth and by age
The legal status of a child changes as they grow older. The older the little citizen, the more rights to independent actions and decisions he acquires. Let us briefly consider the gradation of children’s rights in the Russian Federation depending on age:
- 1.5 years. The child has the right to attend the nursery.
- 3 years. Children can be sent to kindergarten.
- 6 years. The child receives the right to attend school (the Constitution of the Russian Federation) and make small household purchases (office supplies, groceries). He can enter into transactions to dispose of funds provided by legal representatives, with their consent. Any transactions can also be concluded with the aim of receiving benefits free of charge, which do not require notarized confirmation.
- 8 years. Children can participate in public associations (Federal Law No. 82-FZ “On Public Associations” dated May 19, 1995).
- 10 years. The right to express an opinion appears, which may affect the change of name, place of residence with one of the parents, or adoption.
- 14 years old. At this age, the list of rights increases significantly. Upon turning fourteen years old, a child has the right to change citizenship, cancel adoption, dispose of personal earnings at his own discretion without parental consent, and bear responsibility for transactions made. You can independently dispose of the results of intellectual activity and protect your personal interests in court. You can work part-time after school.
- 15 years. A teenager can get a job and make decisions about medical interventions.
- 16 years. If there is a good reason, you can get married. This will require permission from local authorities. At the age of sixteen, teenagers can become members of cooperatives.
- 18 years. Young people are becoming adults.
Responsibility for violation of children's rights
Most often, the violators of children's rights are parents themselves, family members, teachers, peers, and officials. Let's look at the most common offenses against children:
Violation of the right to family life
Proof of this is the number of street children and juvenile delinquency. According to statistics from the Prosecutor General's Office on the state of crime in Russia, the number of crimes against minors is increasing every year. By law, parents are obliged to provide their child with normal conditions for development and upbringing. The presence of a large number of children in special institutions with living parents, deprived of parental rights or evading responsibilities, confirms the number of violations of this child’s right.
Violation of the right to education
The lack of normal living conditions is closely related to studies. Neglected children from low-income families often do not attend educational institutions. Citizens are required to receive secondary general education in any case. Failure by parents to fulfill their obligations to support and raise a child is considered an administrative offense (Administrative Code of the Russian Federation, Article 5). The amount of the established penalty varies between 100-500 rubles. If a repeated offense is recorded, the fine increases to 4000-5000 rubles.
Violation of rights to decent content
Material costs fall on the shoulders of the parents. According to statistics from the bailiff service for 2021, in the first 6 months the department received 1.2 million requests for the collection of alimony in the amount of 167 billion rubles. As of 2021, every third person evades paying money for child support . Men make up the majority of defaulters (about 78%). Many even close private businesses to reduce official income or quit their jobs so as not to pay alimony.
Civil liability is enshrined in the Civil Code of the Russian Federation (Article 5.35.1). A penalty of 0.5% is charged daily from the resulting amount of the defaulter’s debt. An administrative penalty in addition to the specified penalty additionally provides for the payment of a fine in the amount of up to 2,500 rubles.
According to the Criminal Code of the Russian Federation, Article 157, malicious evasion of alimony payments entails criminal liability. Punishment includes correctional labor for up to 1 year, compulsory labor for up to 180 hours, arrest for up to 3 months. The court has the right to deprive the defaulter of parental rights.
If the amount of alimony debt exceeds 10,000 rubles, the bailiff may impose a ban on traveling abroad. There is also a ban on re-registration of movable and immovable property and the use of a driver’s license. If the debt exceeds 3,000 rubles, the property may be seized and subsequently sold. For particularly persistent defaulters with large sums, bailiffs are allowed to use several measures simultaneously.
Violation of property rights
Children's rights to housing are protected by the norms of family, housing, and civil law. Parents often act contrary to the interests of their children, against the law. The reason for this is dishonesty, irresponsible attitude and financial insolvency. The child retains the right to housing owned by the parents, even after the divorce.
The sale of housing with registered minors is illegal (Article 167 of the Civil Code of the Russian Federation). The consent of the guardianship authorities acts as an insurance factor, but in court the purchase and sale transaction can easily be declared illegal. Guardianship authorities allow the sale of real estate in the event of purchasing children of equivalent housing. Since it is impossible to control this in advance, a violation of rights can only be challenged after the fact. To do this, you will need to collect evidence. Due to their age, young citizens cannot defend their rights, and after a long time it is very difficult to prove they are right.
Child abuse
Abuse includes all forms of physical and psychological violence, including beatings, insults, sexual assault, and neglect. A complete list is not recorded in the law due to the variety of factual circumstances under which a minor may suffer.
Families with children exposed to violence from parents or other persons should be monitored by the authorities for the prevention of juvenile delinquency. Any citizen has the right to contact the police if illegal actions against a child are detected. If measures are not taken, citizens have the right to write a statement to the prosecutor's office.
For physical violence in the form of beatings, torture, and other physical influence, criminal liability is provided (Chapter 16 of the Criminal Code of the Russian Federation).
Prohibition to communicate with parents and close relatives
If the ban on communicating with relatives is contrary to the interests of the child, an administrative fine of 2-3 thousand rubles is possible. The same applies to concealing the location of children against their will, failure to comply with a court decision at the child’s place of residence.
Violation of sexual integrity of children
Children are vulnerable members of society in need of protection. They often do not understand the nature and illegality of the actions committed against them, therefore they need the protection of the state especially carefully.
According to the Russian Ministry of Internal Affairs, the number of sexual crimes involving minors has increased by 42% over 5 years. Every 6th crime is committed in the family. One in twelve children suffers from parental sexual abuse.
Crimes against sexual integrity are regulated by the Criminal Code (Chapter 18). Rape is punishable by imprisonment for a term of 3 to 20 years, depending on the severity of the crime and the consequences. Additionally, the offender’s rights to hold certain positions and conduct activities related to children may be limited. For especially serious crimes committed against children under 14 years of age, the court may impose life imprisonment.
Punishments for indecent acts are specified in Article 135 of the Criminal Code of the Russian Federation. If a child aged 14-16 years is injured, imprisonment for a term of 3 to 8 years is provided. Gang violence, as well as crimes committed by previously convicted persons, are punishable by imprisonment from 5 to 20 years.
Violation of information security of children on the Internet
Children are protected by law from information that could harm their physical and psychological health. Such information includes incentives for violence, suicide, and the use of drugs. It is prohibited to disseminate information to the masses that refutes family values.
In 2021, the law tightened liability for violating the information security of children on the Internet. An ordinary citizen faces a fine of up to 3,000 rubles, officials up to 200,000 rubles, legal entities – up to 600,000 rubles. respectively.
Basic rights with lawyer's comments
There is a certain set of rights and interests of children and parents that are violated often and everywhere. At the same time, as a rule, the rights of children and their parents are interconnected: if the rights of one are violated, the rights of the other are directly or indirectly violated.
Let's consider the basic rights of each of the main participants in the educational (and not only) process - parents (guardians, trustees), children and teachers.
Parents' rights
They are outlined in Article 44 of the Education Law and are the same for all legal representatives of the child (for convenience, we will call them parents).
To begin with, it should be noted that parents have an advantage over all other persons in the education and upbringing of their children. Authorities and educational organizations are only assistants in these processes. This provision of the law is very important because it clearly dots the i’s in the question of who has the main role in teaching children.
Parents' rights at school:
- Choose forms of education and training, the school their child will attend, the language of education, optional (optional) and elective (elected) academic subjects, courses and modules from the set offered by the school.
- Choose family education instead of school-based education, and also change this decision later and send the child to school to continue education.
- Get acquainted with the school charter and other documents regulating the work of the school and its educational activities.
- Get acquainted with the methods of teaching and education used by the school, educational technologies, as well as the content of education in general.
- Know about the planned psychological examinations of the child, give or refuse consent to them, participate in them or refuse to participate, and also know about the results of the examinations.
- Be present during the psychological, medical, and pedagogical examination of the child, discuss the results and recommendations, and express your opinion on this matter.
- Know about the child’s progress, get acquainted with his grades.
- Protect the rights and interests of the child.
- Participate in the management of the school in the form and manner determined by the charter of the organization.
Parents have all the fundamental rights to determine where and, accordingly, how their child will receive school education. It is impossible to impose schooling if parents consider it necessary and possible to educate the child in the family. Despite the fact that it is necessary to take into account the opinions of children and the advice of specialists, the final decision on the issue is still up to the parents.
The choice of school also belongs to the parents. However, their desire is not enough. Firstly, the choice is limited to specific programs, forms, and subjects of study that a particular school offers. Secondly, the school may be overcrowded. In addition, there are benefits and benefits for enrolling certain categories of children. Special schools where certain subjects (directions) are studied in depth have the right to conduct selection on a competitive basis. All this says one thing: schools can refuse to admit a child, despite the choice and desire of the parents. Of course, if there are grounds for this, and the decision is justified and does not contradict Russian legislation.
Parents also play an important role in school management. However, this does not mean that you can interfere in the educational and educational process as you wish. Parental participation is set out in the school's charter and must be followed. Usually parent committees are created, and not the opinion of one parent is taken into account, but a collective decision. On the other hand, the opinion of any parent matters. This right can be exercised by direct appeals to the school management or individual teachers. It is also not prohibited to visit school, talk with teachers and the director - this approach, as a rule, benefits everyone if it is carried out in a peaceful manner.
Parents have the right to familiarize themselves with the documentation regulating the activities of the school. As a rule, documents are presented on the school website. If necessary, they can be requested from the administration. The school management has no right to refuse.
Also, the school (individual teachers, director) cannot deny parents access to information about the child’s progress, about how much, what and how he is taught. As a rule, there are no problems with this, unless the school deliberately hides some data. If there are suspicions of concealment of information, the parent has the right to contact the school director.
Separately, it is worth considering financial issues. The problem for many parents is collections for various needs. The school may demand money for the purchase of some things, equipment, repairs, for participation in competitions, additional training and classes. The school has no right to impose services. It is also the right of parents to pay or not to pay for additional classes, electives and other services not included in the compulsory educational program. Raising money for the purchase of things, repairs, trips, etc. is a collective decision, which, as a rule, is made at the level of the parent committee. Parents who disagree have the right not to pay and no one can force them.
The rights of parents are realized through the responsibilities of the school and its assistance. If rights are violated, their protection is carried out at the level of the management of the educational institution, local authorities in the field of education, and will not help - in court.
Children's rights
They are listed separately in Article 34 of the Education Law. But for the most part they are declarative in nature - they are fixed and must be observed. However, the realization by schoolchildren of their rights and their protection are actually and legally impossible without the participation of parents and the assistance of the school.
Basic rights of a child at school:
- Participate together with parents in choosing a school, form and language of instruction, optional and elective subjects.
- Receive appropriate learning conditions - established by regulations and school rules, both in terms of the educational and educational process, as well as in relation to nutrition, compliance with hygiene standards, physical development and health preservation.
- To have a full rest (the right to vacations), to participate in feasible work activities with the consent of the child and parents.
- Free use of library, scientific and educational literature on the school premises, equipment and sports equipment, school cultural objects.
- Receive 2 full meals a day in accordance with established standards and requirements.
- Choose electives, clubs, sections, etc. offered by the school.
- Have equal opportunities and conditions with other schoolchildren to participate in olympiads, competitions and other events organized and (or) conducted by the school.
- Receive rewards for success in studies, sports, and extracurricular activities.
- Receive protection from violation of your rights, from violence, threats, insults, etc.
- Be able to express your opinion, even if it differs from the opinions of others.
- Receive an individual training plan if there are reasons for this (developmental disabilities, giftedness, frequent illnesses, frequent participation in sports competitions and training camps).
Unfortunately, as a rule, a child cannot defend his rights on his own. The task of parents is to explain to the child his rights and responsibilities, ways to implement and protect rights. In high school, conscious collective expression of opinion is possible - both parents and teachers should take it into account.
One of the main problems that children themselves often complain about is involving them in work, for example, cleaning the classroom. There are also conflicts due to the fact that teachers force the child to do something, but he does not want to or cannot do it. Such problems must be resolved with the involvement of parents. The consent of the child and parents is a mandatory condition for performing work, with the exception of those provided for in the educational process (for example, in labor lessons).
While the child is at school (on school grounds) or outside of school, but under the responsibility of the teacher, the school will be responsible for harm to his life and health. And, if, say, there was a fight at school, then complaints should be addressed, first of all, to the management.
Teachers' rights
When implementing and protecting the rights of children and parents, it is impossible to ignore the rights of teachers - teaching staff and school leaders. Their legal status is regulated by Articles 47 and 51 of the Education Law.
In relations with children and their parents, teachers have the right:
- Freely choose and use pedagogically sound means, forms, methods of education and training, freely express your opinion.
- Teach in conditions of non-interference in professional activities.
- Show creative initiative, participate in research, scientific, innovative activities, develop and apply original programs and teaching methods within the educational program and a specific subject.
- Participate in the development of educational programs, including the development of curricula, schedules, subjects, teaching materials and other elements of such programs.
- Choose textbooks, manuals and other teaching aids according to the educational program.
- Participate in school management and discussion of educational issues.
- Seek protection of professional honor, demand a fair and objective investigation of violations, as well as the settlement of disputes between participants in the educational process.
Thus, parents cannot interfere in the pedagogical process or tell teachers how to teach a particular subject. The choice of students and teaching materials also belongs to teachers. If controversial situations arise, both parties can contact the school management or bring the issue of conflict resolution to a special commission. It is unacceptable for both children and parents to insult teachers and other ways of humiliating their professional honor and dignity.
International rights of the child
What documents regulate children's rights at the international level?
The main regulatory and legal international acts are:
- Declaration of Human Rights (11/10/1949).
- Declaration of the Rights of the Child (November 20, 1959).
- Convention on the Rights of the Child (11/20/1989).
- World Declaration on the Survival, Protection and Development of Children (30.09.2000).
UN Convention: Basic Principles
Let us briefly consider the essence of the Convention:
- Principle 1. All children, without exception, are covered by the Declaration.
- Principle 2. Children need to be provided with favorable conditions for life and development.
- Principle 3. The child receives a name and citizenship after birth.
- Principle 4. The child and his mother are required to be provided with prenatal and postnatal medical care, social security, as well as subsequent medical services.
- Principle 5. Children with developmental disabilities need specialized care and concern.
- Principle 6: Children need love and understanding. A child is most comfortable in a family. If a child is left without parents, the responsibility for his maintenance falls on the state.
- Principle 7: Children should receive an education. Basic education should be free for everyone.
- Principle 8: Children have the primary right to protection.
- Principle 9. Cruelty and exploitation of children, including labor activity before the legal age, is unacceptable.
- Principle 10. It is unacceptable to cultivate any type of discrimination when raising children.
Children's rights at school and at home
According to international law, a child is a human being from birth to 18 years of age. He is endowed with natural and inalienable rights to life, liberty, personal integrity, name, citizenship, and has the ability to have rights (legal capacity). At the same time, its legal status is marked by a certain originality. In particular, full legal capacity occurs only at the age of 18. Due to age, psychological, physiological, social and other reasons, children need special legal regulation based on the recognition of their rights and freedoms and based on the need to protect them. Students must know their rights and be able to defend their interests in the ways provided by law. Of course, they need clear ideas about their responsibilities. Responsibility to society, parents, peers, adults.
“Don’t build a church, build an orphan,” says a Russian proverb. Alas, not everyone follows this call. Wealth and poverty still coexist in the world. Millions of children are deprived of the basic necessities, dying of hunger and disease, not receiving an education, and having no prospects in life. When work was underway on the Convention on the Rights of the Child (adopted by the UN in 1989), facts were collected indicating the plight of children in the modern world. Let's list some of them.
About 100 million children are abandoned by their families, subsisting only on backbreaking work, petty theft, prostitution or poverty. 120 million children aged 6 to 11 are unable to attend school. Every year, about 3.5 million children die from preventable or treatable diseases. In developing countries, approximately 155 million children under 5 years of age live in absolute poverty.
In our country, the problem of child protection has always been extremely acute. The revolutionary events of 1917 and the civil war doomed the country to devastation and famine. Many families broke up. Millions of children found themselves on the streets, suffering from cold, hunger, disease, becoming criminals, and dying.
The Great Patriotic War claimed hundreds of thousands of children: they died under bombs and bullets, suffered and died from hunger, cold and disease in besieged Leningrad, under occupation, in fascist captivity.
Let's solve a simple logical problem: a person has rights, a child is a person, which means the child also has rights. Moreover, respect for human rights begins with respect for children's rights. Society is obliged to take care of ensuring their freedom and dignity, to create conditions under which they can fully develop their abilities, and lay the foundations for a full and fruitful life.
The Declaration of the Rights of the Child, which the UN adopted in 1959, states that certain human rights are directly relevant to children. These are the rights to life, to protection of the law, to not be a slave and not to be subjected to torture and cruel treatment, to social security and many others.
But it is more difficult for a child than for an adult to protect himself. He is weaker physically and psychologically, vulnerable, dependent on the care of his elders. A child is a growing, developing creature. Therefore, he has special rights, somewhat different from the rights of adults. They are closer to the child’s needs and correspond to his nature and age.
Labor legislation provides significant benefits for minors: reduced working hours are provided (from 16 to 18 years old - no more than 36 hours a week, from 15 to 16 - no more than 24 hours a week); additional guarantees for labor protection and health of minors have been established; Heavy work, work in harmful or dangerous conditions is prohibited; limited carrying of heavy objects; The next vacation is granted in the summer for at least 1 month.
Takes into account the age and other capabilities of minors and criminal law. Criminal liability begins at the age of 16 for all types of crimes specified in the Criminal Code of the Russian Federation. But for a strictly defined number of crimes listed in Article 20 of the Criminal Code of the Russian Federation (murder, intentional infliction of grievous bodily harm, sexual assault, theft, robbery, robbery, etc.), criminal liability begins at the age of 14. Certain types of punishment cannot be applied to minors. For example, the death penalty is excluded, imprisonment is imposed for a term of no more than 10 years. Correctional work imposed by a court sentence cannot last more than 1 year. Convicted minors, as a rule, serve their terms of imprisonment in a general or enhanced regime correctional colony. If a teenager has committed a crime of minor or moderate gravity for the first time, he may be released from criminal liability and compulsory educational measures will be applied to him.
Human rights norms are based on our morality, on the desire for goodness, truth, justice, and humanity. This is especially true in relation to children's rights. F. M. Dostoevsky argued: the happiness of all mankind, world harmony is not worth even one tear of an innocent child. The suffering of children in the distant past could be explained by savagery and backwardness. In the modern world, there is no excuse for the misfortunes of children, no matter what country they happen to be born in.
1. 2. International documents on the protection of childhood. Convention on the Rights of the Child
Humanity realized the need to adopt international instruments ensuring the rights and interests of children only in the middle of the 20th century.
The United Nations played a major role in their development. In 1948, the UN General Assembly approved the Universal Declaration of Human Rights. It became the basis for further efforts in this direction. In 1959, the UN General Assembly proclaimed the Declaration of the Rights of the Child. As a declaration, it was of a recommendatory nature. It formulates 10 basic principles, the key of which is, perhaps, the one contained in Article 6: “For the full and harmonious development of his personality, a child needs love and understanding. He should, whenever possible, grow up under the care and responsibility of his parents and, in any case, in an atmosphere of love and moral and material security; a young child should not, except in exceptional circumstances, be separated from his mother. Society and public authorities must have a duty to provide special care for children who do not have sufficient means of subsistence. It is desirable that large families be provided with state or other child support benefits.”
By adopting the short Declaration of the Rights of the Child, the UN set a goal: to develop a document on children's rights that would be binding on states that agreed to sign it.
In the International Year of the Child (1979), the UN Commission on Human Rights began to develop a draft Convention on the Rights of the Child. The complex work lasted 10 years. Finally, on November 20, 1989, the Convention on the Rights of the Child was unanimously adopted by the UN General Assembly. A year later it was ratified by our country.
The Convention is the most comprehensive document in which the rights of the child have the force of international law. The Convention is also valuable because it represents a commitment to the future: it is designed to create favorable conditions for the development of children who will build a just, humane world. The norms set out in it serve as a guide for governments, parties, organizations and movements in their attempts to change the lives of children for the better and to mobilize all the necessary resources to achieve this goal.
The rights of the child (according to the document, they are a human being under the age of 18) are devoted to 40 articles in the convention. They are usually divided into several groups:
1. Fundamental rights: to life, name, citizenship, etc.
2. Rights designed to ensure children a normal family life.
3. Rights designed to ensure the free development of the child’s personality: the right to freedom of opinion, freedom of conscience, religion, etc.
4. Rights that preserve the health and promote the physical development of children.
5. Rights ensuring the normal cultural development of children, in particular the right to education.
6. Rights that protect the child in unusual, dangerous situations: in war, in prison, etc.
The possibilities for realizing children's rights in different regions and states, of course, are not the same. But all states that have signed the convention are obliged to implement its provisions in accordance with its “spirit and letter.” And the spirit of the Convention on the Rights of the Child can be expressed as follows: “As much respect as possible for the child, his rights, care for him, love for him.”
Chapter 2. Children's rights at school
To find out the level of knowledge of schoolchildren about their rights at school, I started with a survey. Interested students were asked the following questions:
1. What rights do you have in our school?
2. What responsibilities do students have in our school?
3. What incentives are provided for schoolchildren? Have you ever received them?
4. What penalties are there at school, and for what?
The respondents interviewed mainly noted that they have the right to free education and immunity. They included among the responsibilities of schoolchildren: to attend school, study conscientiously, be on duty in school and class, not damage school property, and maintain discipline. All respondents received incentives in the form of letters of gratitude, acknowledgments, certificates, and diplomas. Students also have an idea about penalties; they listed a summons to the school principal, a summons from parents to school, a reprimand, and expulsion from school.
Next, I decided to conduct a survey among students in grades 8-11. I borrowed the “School Lifestyle” questionnaire from the regional campaign “The World of Your Rights,” which was held last school year. This questionnaire allows you to determine the extent to which a democratic way of life has been formed at the school. Students were asked to answer a series of questions about the degree of development of one or another characteristic of a democratic structure. After completing the survey, I compiled a summary table based on the responses.
37 students from grades 8-11 took part in the survey. When comparing the survey results, the following conclusions can be drawn:
1. Most students in grades 9 and 10, and students in grades 8 have the opportunity to participate in various types of elections. 11th grade students mostly chose the answers “never”, “very rarely” and “not very often”. - "not very often";
2. students can participate in the creation of legal norms at school, mostly “sometimes”, 8th grade students chose almost all answers (33);
3. Almost all students in grades 8, 9, 10, 11 can participate in the work of student self-government bodies.
4. a third of 8th grade students, 9th grade students, “not very often” and “sometimes” 10th and 11th grade students can participate in the School Council;
5. almost all respondents can participate in conflict resolution and protection of human rights (25);
6. are confident that their opinions and interests will be heard by the team of teachers, almost all respondents from the 9th grade, “not very often” and “sometimes” - students of the 8th and 10th grades, “Very rarely” - the 11th grade.
7. Pupils from all classes can prepare at school for the norms of life in a democratic society (31).
An analysis of the questionnaires shows that the majority of students in the senior classes of our school admit that a democratic way of life has developed at school. At the same time, it is noteworthy that students of grades 8, 10, 11 chose all points from 0 to 5 for all questions, students of grade 9. – from 3 to 5, i.e. the answers are “not very often”, “quite often”, “all the time”.
The regional campaign “The World of Your Rights” proposed to measure the temperature of human rights at school using a questionnaire; I used the questionnaire and the methodology for measuring the temperature of rights. The maximum possible temperature using this method is 48 degrees human rights.
I conducted a survey in grades 8-11, and when calculating, it turned out that in grade 8 the temperature was 32 degrees, in grade 9 – 39 degrees, in grade 10 – 30 degrees, in grade 11 – 39.5 degrees. Graphically it looks like this.
Next, I was interested in the question of how much the students of our school recognize the rights of other people. I tested students in grades 6-8 using the test “I and the rights of other people”, the test was developed by the authors of the textbook “Civics” for grade 9, Y. V. Sokolov and A. S. Prutchenkov. A total of 30 students from these classes participated. A total of 14 students scored 58-80 points, 16 students scored 37-57 points. This indicates that 46.7% of tested students are quite democratic; they respect the rights of other people and their interests. 53.3% of students look like ordinary people, who are the majority; they prefer their own well-being and peace of mind. It is gratifying to note that no one scored 24-36 points, which would indicate a complete disrespect for the rights of other people. I present this result graphically as follows.
Chapter 3. Rights of the child at home
The main defenders of children's rights are parents. But parents are not omnipotent; it is difficult for them to manage raising children without the help of society and the state. The state is obliged to allocate the necessary funds for the needs of education, health care, the creation of household amenities, food, and culture for children. Local governments are called upon to ensure the operation of schools, children's clinics and hospitals, children's art centers, stadiums and other institutions. The courts and prosecutor's office need to be active in protecting the rights of minors and identifying facts of infringement of their interests. The role of public organizations, national and international, is great.
But parents also violate the rights of the child most of all. More than 500 thousand violations of the rights of children and adolescents were recorded by the Prosecutor General's Office of the Russian Federation in 2007. As a REGNUM correspondent reports, on April 14, during a round table meeting held in the State Duma of the Russian Federation on the topic “Problems of development of the institution of ombudsmen for children’s rights in the constituent entities of the Russian Federation”, Elena Mizulina, Chairman of the State Duma Committee on Family, Women and Children, also noted that the number of violations of the current legislation regarding minors tripled last year, and the number of cases of violence against children is also growing. According to the head of the committee, children's rights ombudsmen should have the opportunity to appeal to the courts in case of violations or possible violations of the rights of minors. According to Mizulina, such amendments to the law need to be made to the law “On Basic Guarantees of the Rights of the Child in the Russian Federation.” Mizulina recalled that children’s rights ombudsmen currently work in 23 constituent entities of the Russian Federation, but they should work in all Russian regions.
The round table participants recommend that the plenipotentiary representatives of the President of the Russian Federation in the federal districts consider holding regional meetings on the issue of promoting the institution of ombudsmen for children's rights in the constituent entities of the Russian Federation. The Commissioner for Children's Rights in Moscow received 1,654 appeals in 2007, notes the report on the activities of the Commissioner for Children's Rights in Moscow on the observance and protection of the rights, freedoms and legitimate interests of the child in 2007, Alexey Golovan. “Comparing the data obtained with the indicators of 2006, it should be noted that the majority of requests come from parents of minors - 62.5% (in 2006 - 56.8%), the number of requests from graduates of orphanages, as well as from orphans, has increased and children left without parental care,” the report says.
In the process of working on citizen complaints, 204 cases of violations of the rights of minors were identified. An analysis of appeals to the Commissioner shows that, as in 2006, the rights of children are violated in most cases by their parents - 32.3%, other relatives - 7.8%, guardians and trustees - 1%. “It should be noted that there are a large number of cases of violations of the rights and legitimate interests of children (inaction - in cases where protection and restoration of these rights are required) by institutions subordinate to executive authorities - 14.7%, executive authorities - 7.4%, guardianship authorities and trustees - 4.9%, internal affairs bodies - 2.9%, courts - 2.5%, other organizations - 15%,” the report says. The Commissioner for Children's Rights in Moscow notes that the structure of complaints to him is dominated by complaints about violations of children's housing rights - 47.1%, complaints about parents' evasion of their duties - 5.7%, complaints about violations of children's rights to social security - 2.4%, complaints about violation of property and inheritance rights of a child - 1%.
In order to monitor the observance of children's rights at home among students at our school, I developed a questionnaire and conducted a survey in grades 6-11. 70 students took part in the survey. I then tallied the results and analyzed them.
1. To the question about the rights designed to ensure children a normal family life, the respondents answered as follows: a) Which parent do you live with:
• with both – 58
• with mom – 10
• with dad – 0
• other – 2 b) Do your parents protect you in front of your peers:
• yes – 36
• sometimes – 12
• never – 24 c) Do your parents take your opinion into account:
• yes – 39
• not always – 11
• no – 20
2. When asked about the rights that call for ensuring the free development of the child’s personality: the right to freedom of opinion, conscience, religion, etc., the results were as follows: a) Your family is well provided for:
• good – 23
• average – 35
• not very – 12 b) How often do conflicts arise in your family:
• often – 18
• rarely – 34
• doesn’t happen – 18
3. When asked about the rights that preserve the health and promote the physical development of children, the respondents answered: a) Do you do exercises at home:
• yes – 10
• rarely – 12
• no – 48 b) Do they play sports in the family:
• all – 5
• 2 people – 26
• no one – 39
4. To the question about the rights ensuring the cultural development of children, the following answers were received: a) do you and your parents visit theaters:
• yes – 16
• rarely – 18
• no – 36 b) do you and your parents visit cinemas:
• yes – 19
• rarely – 23
• no – 28 c) do you go on tourist trips with your parents:
• yes – 15
• rarely – 17
• no – 38
Graphically, these answers look like this.
Conclusion
The topic of children's rights is more relevant today than ever. Having selected and studied the literature on this topic, conducting oral and written surveys at our school, I came to the following conclusions:
1. A civilized society, such as the human society of the 21st century, cannot afford to violate the rights of the child.
2. To protect the rights of children today, the world community has created a solid legal framework; there are international legal documents - Declaration of the Rights of the Child, 1959, Convention on the Rights of the Child, 1989, etc.
3. The possibilities for implementing all the provisions of the Convention on the Rights of the Child in different regions and states are not the same, but all states that have signed the Convention are obliged to comply with it.
4. At our school, students generally have an understanding of children's rights.
5. A generally democratic way of life has developed at school; students have the opportunity to participate in self-government in school and class, defend their rights, and prepare for life in a democratic society.
6. At the same time, in some issues, students note uncertainty about their rights, in particular, that their opinions and interests will be heard by the team of teachers.
7. In the area of human rights measurement at school, grades 9 and 11 stand out positively.
8. Children’s rights in the areas of economic, cultural and personal rights are not always respected at home.
Guarantees of the rights of the child, protection of his interests. How are they protected in Russia?
In addition to the regulatory documents previously mentioned in the article, the following laws ensure the protection of the rights of the child:
- Federal Law No. 48-FZ “On guardianship and trusteeship” (04/24/2008).
- Decree of the President of the Russian Federation “On the concept of national security of the Russian Federation” (Article 170, 01/10/2000).
- Decree of the President of the Russian Federation No. 986 “On the Commissioner under the President of the Russian Federation for Children’s Rights” (September 1, 2009).
According to Decree of the President of the Russian Federation N 986 (as amended on January 15, 2019), the protection of children’s rights in Russia is carried out by the Commissioner for Human Rights, the Commissioner for Children’s Rights. These persons are appointed and removed from office by the President.
Scope of powers of children's ombudsmen:
- protection and upholding of the rights of a specific minor;
- preventive inspections of children's institutions for violations of children's rights;
- active participation in the formation of new legislative acts regarding children;
- writing proposals to improve mechanisms for legal protection of children;
- educational work among children, parents and legal representatives.
The Commissioner for Children's Rights of the Russian Federation is obliged to monitor the legality of the implementation of legislation by bodies of any organizational and legal form whose activities are related to the upbringing, education, medical care, health improvement, and safety of children.
The current family legislation has been brought into compliance with the international obligations of the Russian Federation. The protection of the rights of the child is entrusted to parents, guardians, and officials with appropriate powers.
What rights and responsibilities do students have?
Let's start with responsibilities.
General rules of behavior within the walls of an educational institution prohibit schoolchildren from insulting the honor and dignity of other students and teaching staff, using obscene gestures and expressions, and smoking on the premises. In addition, schoolchildren are required to respect property rights and take care of school property and personal belongings of other students. In case of damage to someone else's property, compensation for damage is assigned to the parents or legal representatives of the child. In general, the responsibilities of schoolchildren boil down to getting an education themselves, not interfering with the educational process, and not interfering with the learning of other students.
Schoolchildren's rights
Students of secondary schools have the following rights:
- free education in accordance with current standards established at the state level;
- independently choose a general educational institution and form of education: studying at school or at home, taking a course according to an accelerated program;
- maintaining personal dignity without discrimination on any grounds;
- decent learning conditions: warm classrooms, quality food, etc.;
- free expression of thoughts and beliefs, provided that this occurs in a correct form;
- learn in a timely manner about the conduct of tests and examinations;
- take a school curriculum in your native language;
- receive grades in each discipline in accordance with the knowledge acquired, without prejudice on the part of the teacher;
- attend extracurricular activities;
- take part in cultural events;
- get free access to any school resources necessary for the educational process, for example, library books;
- rest between classes, weekends and holidays.
Important!
Schoolchildren retain the rights to freedom of speech, press, conscience and information. In March 2021, a legislative innovation appeared that makes it possible to provide free meals to children studying in primary school, starting from September 1, 2021 - taking into account the transition period - until September 1, 2023. In accordance with the new law, primary school students will be provided free hot meals (hot dish and drink) at least once a day. Starting in 2021, implementation will begin for those schools that have canteens equipped to provide hot meals and the necessary kitchen equipment.
Financing will come from federal, regional, local budgets and other sources. Responsibility for providing hot meals rests with the founder of the school.
What does the school charter say?
The school charter is a set of internal rules governing the work of educational institutions.
This regulatory document is drawn up in accordance with paragraphs of Article 25 of Federal Law No. 273-FZ. In particular, the charter must contain the following information:
- information about the type of educational institution;
- information about the founders;
- information about educational programs and areas of study;
- organizational structure and division of powers.
Important! The general educational organization must create conditions for familiarizing students, parents and teaching staff with this charter.