Comparative Characteristics of International and Legal Standards in the Field of Children Rights Protection

Keywords: children rights, child abuse, children protection, Child Ombudsman, counteraction to violence.

Abstract

The current state of child protection through the prism of international, criminal and constitutional law has been studied. The concept of “a child” and the age limits, which are contained in the Convention on the Rights of the Child and the Family Code of Ukraine, have been analyzed. The legislation of some countries has been studied for further establishment of features and ways of counteraction to violence against children.

The emphasis has been placed on the current legislation, such as the murder of a newborn by the mother and the online harassment of children.

Child abuse and neglect of the interests have serious consequences: deterioration of the health; developmental delay; socialization of a child; threat to life and sometimes death of a child. It has been stated that every child, regardless of status and origin, has rights and has to be protected.

It has been established that the issues in the field of children rights’ protection currently need to be comprehensively considered and supplemented. At the legislative level, a system of measures for the rights and interests of the child has been developed, but according to the practice, it is ineffective, because there is no control over children rights’ protection in Ukraine. An important role in this matter is played by the Ombudsman, who must monitor the rights of the child, as well as must respond to cases of abuse and take appropriate measures to prevent and counteract them.

It has been noted that the international mechanism for children rights’ protection testifies to the urgency of this problem throughout the world. Public policies in many countries are aimed at combating various forms of violence against children, but such measures in most countries are ineffective. To solve this problem, we need appropriate programs of a social protection and informational function. The authors have elaborated propositions to improve the legal provisions that can help to resolve the problematic issues of protecting children from various forms of violence.

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Author Biographies

K. V. Katerynchuk, Taurida National V. I. Vernadsky University

Doctor of Juridical Sciences, Associate Professor.
Head of the Department of Public and Private Law Educational and Scientific Humanities Institute.

O. L. Matsiuk, Taurida National V. I. Vernadsky University

Student of the Educational and Scientic Humanitarian Institute.

References

Vlasenko M.N., 2016. General concepts of children's rights [Zahalni poniattia pro prava dytyny]. [online] Kyiv Vocational College with Enhanced Military and Physical Training. Available at https://pkvfp.kiev.ua/2016/02/12/prava-cheldren/ [Accessed 11 September 2021].

Katerynchuk K.V. and Matsiuk O.L., 2020. Bullying: legal and socio-psychological aspects [Bulinh: pravovi ta sotsialno-psykholohichni aspekty]. Slovo Nacìonalʹnoï školi suddìv Ukraïni – The Slovo of the National School of Judges of Ukraine, No. 3, pp. 113-124.

Mamych O.V., 2012. Council of Europe Convention on the Exercise of Children's Rights 1996 and implementation of its provisions in Ukraine [Konventsiia Rady Yevropy «Pro zdiisnennia prav ditei» 1996 r. ta vykonannia yii polozhen v Ukraini]. Aktualʹnì problemi deržavi ì prava – Current Problems of State and Law, No. 64, pp. 40-46.

Katerynchuk K.V., 2020. Problems of criminal-legal characteristics of premeditated murder of the mother of her newborn child [Problemy kryminalno-pravovoi kharakterystyky umysnoho vbyvstva matiriu svoiei novonarodzhenoi dytyny]. Včenì zapiski Tavrìjsʹkogo nacìonalʹnogo unìversitetu ìmenì V.Ì. Vernadsʹkogo. Serìâ: Ûridičnì nauki, Vol. 31, Part 3, No. 2, pp. 41-46.

Bespal O.L. and Katerynchuk K.V., 2020. Determinants of crimes against life and health committed against children in the family [Determinanty zlochyniv proty zhyttia ta zdorovia, shcho vchyniaiutsia shchodo ditei u simi]. Včenì zapiski Tavrìjsʹkogo nacìonalʹnogo unìversitetu ìmenì V.Ì. Vernadsʹkogo. Serìâ: Ûridičnì nauki, Vol. 31, No. 3, pp. 161-165.

Published
2021-09-29
How to Cite
Katerynchuk, K. V. and Matsiuk, O. L. (2021) “Comparative Characteristics of International and Legal Standards in the Field of Children Rights Protection”, Bulletin of Kharkiv National University of Internal Affairs, 94(3), pp. 304-315. doi: 10.32631/v.2021.3.28.