Convention on the Rights of the Child.
Recognizing the need for "literacy in the field of human rights", the UN declared the period from 1995 to 2005 a decade in human rights education. The problem of human rights is a priority in UN and UNESCO. For half a century, these organizations adopted more than a hundred documents (Declarations, Convention, Packages and Recommendations) on this issue. However, not only their number serves as an indicator of the significance of international civilization efforts, the main thing is that the UN for the first time in world history has developed documents in which the basic rights and freedoms of the person are identified, which are international standards. One of these documents is the Convention on the Rights of the Child, adopted by the General Assembly.
On November 20, 1989, the United Nations General Assembly unanimously adopted the Convention on the Rights of the Child. The Assembly had only two minutes in order to officially turn the international legal act to the universal standard, which from now on serves as a measure of the fundamental rights of children in the world. This act, the international community has spread the right to one of the most vulnerable groups of society - children.
The event is so important and significant that many publicists and public flock figures call the Convention of the Great Charter of Wolnities of Children, the World Constitution of the Child.
Development of documents on the rights of the child has its own history.
The question of a separate consideration of the rights of children arose relatively recently. Only as a result of democratic movements for reforms in the XIX century, States assumed responsibility for protecting the child from the arbitrariness of parents, economic exploitation of employers. Even before the formation of the UN, the right was considered mainly as measures that needed to be taken against slavery, child labor, trafficking in children and prostitution of minors. In this regard, the League of Nation in 1924 adopted the Geneva Declaration of the Rights of the Child.
Children, their well-being and rights were in the center of UN focus since its inception in 1945. One of the first acts of the General Assembly was the formation of the UN Children's Fund (UNICEF), which is currently the main mechanism for international assistance to children.
The United Nations adopted in 1948, the Universal Declaration of Human Rights is noted that children should be an object of special concerns and assistance.
The need for special protection of the rights of the child was also recognized in the International Covenant on Economic, Social and cultural rights (in particular, in Article 19), in the International Covenant on Civil and Political Rights (in particular, in Articles 23 and 24), as well as in the Charters and Related Documents of Specialized Institutions and International Organizations dealing with the welfare of children.
In 1959, the UN adopts the Declaration of the Rights of the Child. The main thesis was that humanity is obliged to give the child the best of what has. It was proclaimed ten social and legal principles related to the protection and well-being of children at the national and international levels. The declaration called on parents, individuals, non-governmental organizations, local authorities and governments to recognize the rights and freedoms presented in it and strive for their observance. The declaration also said that children should be provided with special protection and the possibilities and conditions were presented to develop healthy and normal in terms of freedoms and dignity. This document had a significant impact on the policies and practical actions of governments and individuals around the world.
However, there soon aroused the adoption of a new document - convection. International documents, including human rights, can be divided into not two large groups: declarations and convection, and if the declaration (from Latin - proclaim) has no mandatory powerBeing a recommendation in which the basic principles are proclaimed and software, The Convention (from Latin - Agreement, Agreement) is an agreement on a special issue that have binding force for those states that have joined it (signed, ratified).
The deterioration of the situation of children demanded from the global community of adoption of such a document in which their rights would not be declared, and on the basis of legal norms would be recorded to protect these rights. For the 30 years of the existence of the Child Rights Declaration, many ideas have changed, new concepts have developed, therefore the Convention of Children's Rights has gained a wider character. The need for giving the rights of children's forces of the norm of contractual law with particularly sharply manifested itself during the preparation for the international year of the child, which was celebrated in 1979. Ten years old, C1979 to 1989, the Commission on Human Rights, in which lawyers, doctors, teachers, psychologists, sociologists, culturalists, patients, psychologists and religious denominations of many countries have taken part, developed this project.
Compared with the Declaration on the Rights of the 1959 Rights, where there were 10 short, wearing declarative nature of the provisions (they were called principles), the Convention has 54 articles that take into account almost all moments associated with the life and position of the child in society. The Convention on the Rights of the Child Not only develops and specifies the provisions of the Declaration of the Rights of the Child, but also goes on, arguing that States that join it carry legal responsibility For their actions against children. Countries that ratified the Convention on the Rights of the Child or joined it should review their national legislation to ensure that it meets the provisions of the Convention. By signing the Convention, States declare their obligation to comply with these provisions and in case of non-compliance, they are responsible to the international community.
The Convention has an equal importance to peoples in all regions of the world. This is the result of long and fruitful negotiations of representatives of countries of various socio-economic systems, ethical and religious approaches to life in developing a complex of common values \u200b\u200band goals having universal use.
Despite the fact that the Convention establishes general norms, it takes into account various cultural, social, economic and political realities of individual states, which allows each state on the basis of common to all rights to choose its own national funds to fulfill these norms. This gives reason to argue that the Convention has a universal nature.
Speaking about the history of the Declaration and the Convention, it is impossible not to recall the name of a prominent domestic teacher, a passionate fighter for the rights of children and the free education of the identity of K.N. Ventcel. Relying on the humanistic philosophical thought, he still developed and published a declaration of the rights of the child. This kind of humanistic manifesto was one of the first in world practice, which for several decades ahead of the similar Declaration of the UN.
The international community highly appreciated the Convention as an outstanding humanistic document of our time. The Executive Council of UNICEF at its annual session (June 1992) offered States annually on November 20 (the day of adoption of the Convention of the Rights of the Child) celebrate World Children's Day.
The Convention is a document of special socio-moral importance, for it approves the recognition of a child by part of humanity, inaccessibility of its discrimination, primacy of universal values \u200b\u200band harmonious personal development. The Convention proclaims the priority of children's interests before the needs of the state, society, religion, families, it specifically identifies the need for special care of the state and society about socially deprivified groups of children: orphans, disabled, refugees, offenders.
"The best interests of the child" - the concept of universal. It includes the right to survival, healthy development and protection against abuse. These rights are generally recognized and become international norms.
Convention - Legal Document of High International Standard. She proclaims a child with a full-fledged person, an independent subject of law. There was no such attitude towards a child anywhere. Defining the rights of children who reflect the entire complex of civil, political, economic, social and cultural human rights. The Convention establishes the legal regulations of the state, creates a special control mechanism (UN Committee on the Rights of the Child) and gives it high powers.
Convention - a document of the highest pedagogical value. It encourages adults and children to build their relationships on moral and legal norms, which are based on genuine humanism and democratism, respect and careful attitude towards the identity of the child, his opinion and views. They should be the basis of pedagogy, upbringing and determining the authoritarian style of adult and child communication, teacher and student. At the same time, the Convention approves the need for the formation of the permanent generation of a conscious understanding of the laws and the rights of other people, respectful to them.
The ideas of the Convention should make a lot of fundamentally new not only in our legislation, but primarily in our consciousness.
The basic idea of \u200b\u200bconvection is the best of the interests of the child. Its position is reduced to the four most important requirements to ensure the rights of children: survival, development, protection and ensuring active participation in society.
Convection approves a number of important social legal principles, the main of which is the recognition of a child with a full-fledged and full person. This is the recognition that children should have human rights on their own right, and not as an appendage of their parents or guardians.
According to convection, the child is every human being until the age of 18, if the national law has not been established earlier than the achievement of majority.
Recognizing the child with an independent subject of law, convection covers the entire complex of civil, political, economic, social and cultural rights. At the same time, it emphasizes that the implementation of one right is inseparable from the implementation of others. She proclaims the priority of children's interests before the needs of the state, society, religion, families. The Convention argues that the freedom necessary for the child for the development of intellectual, moral and spiritual abilities requires not only healthy, but also safe ambientcorresponding to the level of health care, minimal nutritional, clothing and dwellings. In addition, these rights should be provided to children in the first place, always in priority.
We do not set ourselves the task in detail to set out the content of all 54 articles of the Convention, but we will try to briefly describe them.
- Each child has an inalienable right to life, and states provide for the highest possible degree of survival and healthy child development
- Each child has the right to the name and citizenship from the moment of birth.
- In all the actions of ships, social security institutions, administrative bodiesThe problems of children, priority pays the best to ensure the interests of the child. The child's opinion should be taken into account properly.
- States ensure each child of all, rights without any discrimination or differences.
- Children should not be separated from their parents, with the exception of cases when it is carried out by the competent authorities in the interests of their well-being.
- States should promote family reunion, allowing entry into their territory or departure from it.
- Parents are primarily responsible for the education of the child, but States should provide them with proper assistance and develop a network of children's institutions.
- States should ensure the protection of children from causing them actual or psychological damage and from poor circulation, including sexual abuse or operation.
- States provide a suitable replacement of child care, which have no parents. The establishment process is carefully regulated to ensure guarantees and legal reasonableness in cases where adopters intend to enter a child from the country where he was born.
- Infectious children have the right to special appeal, education and care. (I would like to emphasize the idea unusual for recently for our society, which is not a disabled person to the conditions, and the environment, life to its capabilities and features.)
- The child has the right to use the most advanced services of the health care system. The state should ensure the protection of the health of all children with primary attention to preventive measures, health education and reduction of infant mortality.
- Primary education should be free and mandatory.
- School discipline must be maintained using methods reflecting respect human dignity Child. Education should prepare a child for life in the spirit of understanding, peace and tolerance.
International Legal Standards
Concept, general characteristics
The concept of international legal standards in the field of human rights (MPCH) in the science and practice of the application of international law is not always the same. In some cases, such standards recognize all the heterogeneous norms of international law in the field of human rights and freedoms. These standards include rules international treatiesResolutions of international organizations, political agreements (an example of such an agreement can serve as Helsinki Final Act of 1975, documents of the Vienna and Copenhagen meetings), international customs (R.A. Mullerson) Mullerson R.A. Human rights: ideas, norms, reality. M. 2001. P. 22. A similar interpretation of international standards for human rights, only in the "European" interpretation, is proposed by S.A. Gorshkova, which believes that such standards should recognize the legal norms of the conventions and formed on the basis of the decisions of the European Court and the Commission on Human Rights, the case entitled to which the legal system of European states is based on Gorshkova S.A.. Standards of the Council of Europe on Human Rights and Russian legislation. M. 2001. p.12.
It seems that it is closer to the correct interpretation of the term "Standard" (from the English. Standart - sample, standard, model adopted for the initial for comparison with other similar objects) Interpretation of international human rights standards as a regulatory minimum determining the necessary and sufficient level State regulation of human rights and freedoms and citizen, as well as the realization of these rights and freedoms with legislatively admissible deviations in one or another situation in the form of exceeding or specifying this minimum.
In other words, standards that are usually expressed in the form of provisions of conventions, recommendations, principles, rules, there are such minimum international legal norms, whose addressee is the entire world community or a group of states that are included in this or that international organization. At the same time, the minimum of such norms means that the volume of its content is that any unreasonable (arbitrary), that is, exercised outside of legal establishments and regulations, a decrease in this volume (the amount of rights, freedoms of man and citizen, provided for by the "standard norm") is considered as Violation of the International Standard, causing those or other international legal consequences.
It was so that universal (international) standards of human rights and freedoms began to be understood, and then some categories Persons - children, women, persons in places of imprisonment, persons responsible for maintaining the rule of law, etc., starting with the Universal Declaration of Human Rights of 1948 and two documents of a universal nature - the International Covenant on Civil and Political Rights and the International Covenant on Economic, social and cultural rights adopted in 1966
International human rights standards, accounting for a part of the general system of protecting human rights, are characterized by a number of specific functions. The main functions of international human rights standards include:
Determination of the list of rights and freedoms related to the category of basic and mandatory participants of the Covenants and Conventions for all States;
The formulation of the main features of the content of each of the rights and freedoms that should be implemented in the relevant constitutional and other regulations of national (internal) legislation;
Establishing the obligations of states to recognize and ensure proclaimable rights and freedoms and the introduction of the most necessary guarantees that determine their (rights and freedoms) reality;
Fixing the conditions of use of rights and freedoms associated with legitimate restrictions, including forns Badalianz Yu.S. Human rights. Lecture course. Ryazan, 2006. p.239-240 ..
The MPCH functions do not directly include the establishment of compliance mechanisms by states of international human rights standards. Nevertheless, this is envisaged by adopting a state or another in accordance with its constitutional procedures of legislative, administrative and legal measures to consolidate, ensure and protect rights and freedoms. Moreover, this commitment is fixed in international and, naturally, in national state acts-documents using ratification procedures representative bodies State authorities. Failure to comply with the state of such an obligation entails the responsibility provided for by international law. In the case of non-fulfillment by the state of their international obligations In the field of ensuring and protecting human rights and freedoms, we can talk, for example, to attract the capabilities of international judicial authorities specializing in human rights (European Court, International Criminal Court, the Hague Military Tribunal, etc.)
The literature highlighted the types of international human rights standards. In the circle of participants relevant agreements, standards are regional and universal. Universal standards are recognized worldwide. They are contained, in particular, in the Covenant on Civil and Political Rights. Regional standards operate within a certain territory (European Convention on the Protection of Human Rights and Fundamental Freedoms).
It seems to be appropriate to list the basic standards in the field of human rights, as they recorded in international documents.
Of course, at first it is necessary to mention the right to life. This right is provided for in Art. 6 Covenant on Civil and Political Rights: "The right to life is the inalienable right of every person. This right is protected by law. No one can be arbitrarily deprived of life. " The standard includes norms regulating the purpose of the death penalty. It can be appointed only "for the greatest crimes in accordance with the law, which acted during the commission of a crime and which does not contradict the requirements of this Covenant and the Convention on the Prevention of the Crime of Genocide and Punishment for the Negomizmouth Covenant on Civil and Political Rights // Sat. dock. M., 1998. ". The death sentence can only be carried out by a competent court. The death penalty is not fulfilling against pregnant women, and the sentence is not made for the crime committed by persons under the age of 18. In addition, the Convention on the Prevention of the Crime of Genocide and Punishment for Him prohibits actions (including, of course, the change in national legislation) committed with the intention to destroy, fully or partially, any national, ethnic, racial or religious group as such.
However, these standards were fairly considered by the participants of the Covenant only as basic. For example, Art. 59 of the Criminal Code prohibits the assignment of the death penalty to those who have reached 65 years of age, and all women. But at present, as mentioned above, the death penalty is prohibited in states that ratified Protocol No. 6 to the European Convention on the Protection of Human Rights and Fundamental Freedoms of April 28, 1983, and a moratorium on its application is imposed.
Recommetively approved by the ECOSOC resolution of May 25, 1984 measures guaranteeing the rights of those who are sentenced to death. They declared the right to appeal to appeal, to submit to pardon, the requirement of humanity to bring the sentence to execution and negotiate a number of other points.
It is forbidden to expose people to torture or cruel, inhuman or degrading their dignity or punishment, in particular to put medical or scientific experiences in humans without their consent. This standard is installed in Art. 7 Covenants on civil and political rights and are developed in the Convention against Torture and other cruel, inhuman or degrading treatment and punishment.
Torture in the convention is called "any action that a person is caused by severe pain or suffering, physical or moral, to get information or recognition from it or from it, to punish it for the action that it has committed or a third party or in which They are suspected, as well as intimidate or force it or a third party, or for any reason based on discrimination against any nature, when such pain or suffering is caused by state official or other person speaking in official quality, or by their incitement, or from their knowledge or silent agreement "(Art. 1 of the Convention) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment. // Sat. dock. M., 2002 .. There is also noted that "this definition does not include pain or suffering, which arise as a result of legal sanctions, are inseparable from these sanctions or cause them by chance." Torture is prohibited in principle, even in the most exclusive circumstances, including the war (Art. 2 of the Convention). Even the issuance of persons to another state is prohibited, if there are serious grounds to believe that the use of torture may be threatened there (Article 3 of the Convention).
The Covenant and Political Rights Covenant also prohibits slavery and slave trade, forced or mandatory work (Art. 8). Forced or mandatory work according to the Covenant are not:
Safety or other work appointed by the court sentence;
Work performed in an alternative service or a military service;
Any service, mandatory in case of emergency;
Service included in ordinary civil duties.
The concept of slavery is determined in the Convention regarding slavery of September 25, 1926 (Article 1): "Slavery is a state or position of a person who are carried out over the attributes of ownership or some of them." The definition of the slave trade is contained in the Additional Convention on the abolition of slavery, slave trade and institutions and customs similar to slavery of September 7, 1956 (Article 7): "Under the slave trade is understood and all actions related to the seizure, acquiring a person or with orders to appeal to slavery; All actions related to the acquisition of slave for the purpose of selling it or exchange; All the actions for the sale or exchange of a person acquired for this purpose, and in general, any action on trade or transportation of slaves by any vehicle. " In addition to this in the Convention regarding slavery to the definition of slavery, the Additional Convention on the abolition of slavery, slave trade and institutions and customs similar to the slavery to the specified features prohibits the following:
Debt boala, i.e. The position or condition arising from the debtor as a debtor to ensure the debt of his personal labor or labor dependent on it, if the proper value of the work performed is not counted into debt repayment, if the duration of this work is not limited and its nature is not defined;
Fortress condition, i.e. Such use of the Earth in which the User is obliged to live on the law, custom or agreement to live and work on land owned by another person, and perform a certain job for such or another person, for remuneration or without it, and this will not change its condition;
Women's family rights to issue a woman married without her consent, transfer it to another person or inherited after the death of her husband;
The right of a child's family or adolescent younger than 18 years old to transfer it to third parties in order to exploit his own or his labor.
Of great importance is the standard that guarantees each right to freedom and personal integrity. It includes several standards at once, concerning not only the right to free movement, but also conditions for arrest and condemnation. Therefore, it seems appropriate to consider these standards by individual items. Golovatikova A.N.., Grudtsina L.Yu. Human rights. M. 2008. p.43 ..
1. The detainment of the person is made only on the grounds specified in the law. The delayed during the arrest reports the causes of his arrest and urgently reports any presented charge (paragraph 2 of Art. 9 of the Covenant on Civil and Political Rights). The duration of "urgency of order" in different countries is determined in different ways.
The package contains that the detainee or arrested person should be immediately delivered to the judge (there is no such norm in the domestic legislation). An integral part of the standard is the requirement of consent of the court to the legality of arrest or detention. We currently have sanctions can also give the prosecutor, although the Constitution requires exclusively judge sanctions (however, before making changes to the Code of Criminal Procedure continues to operate the old order).
The accused whenever possible is placed separately from the convicts, and the accused minors - separately from adults.
Each detainee and arrested has the right to trial during reasonable period or on liberation. If you illegal arrest or detention, the victim has the right to compensation. It is forbidden to deprive freedom for non-fulfillment of civil obligations (Art. 11 of the Covenant).
2. All persons deprived of their liberty are entitled to humane treatment and respect for the dignity inherent in the human personality (paragraph 1 of Art. 10 of the Covenant). There are minimal standard rules for the treatment of prisoners of August 30, 1955, which regulate this issue in detail. They establishes standards for keeping accounting for prisoners, premises, personal hygiene and nutrition, clothing, etc. It is limited to excessive severity against prisoners: for example, it is forbidden to use as a means of punishment by vectors, shackles, etc.
The essential goal of the penitentiary establishment regime is the correction and social re-education of prisoners (clause 3 of Article 10 of the Covenant).
Minimum rules are implemented through national legislation. They are not obligatory, but only a recommendation character (paragraph 1 of the Rules) Minimum standard rules for the treatment of prisoners 1955.// Comments on the Criminal Code of the Russian Federation and the minimum standard rules for handling prisoners. M., 1997 ..
3. Declare the right to move freely and choose a place of residence within the state in which the face is legally located. Everyone can freely leave any country, including its own. No one can be arbitrarily deprived of the right to enter his own country. These rights can be limited only on the basis of the law in order to protect state security, public order, health or morality of the population, rights and freedoms of others (Art. 12 of the Covenant).
The expulsion of foreigners is permitted, but they are given some guarantees against arbitrariness in the form of a need to revise the decision on the expulsion of the court (Art. 13 of the Covenant). It was mentioned above that extradition in the state is prohibited, where torture can be threatened to be threatened. However, in practice, this rule is interpreted in different ways.
Back in Art. 9-11 declarations included standards that guarantee the criminal procedural rights of the individual, primarily the suspect (accused, defendant), which were developed in the Covenant Covenant and Political Rights (Article 15, 16 of the Covenant), where partly are governed and civil - Processing rights. Principles are fixed:
1) equality of all before the court and law;
2) the right to fair consideration of the case by a competent, independent and impartial court established on the basis of the law;
3) the publicity and publicity of the process. However, the exceptions from the principle of publicity are enshrined. Closed session is appointed:
For considerations of morality, public order or state security;
Under special circumstances, when publicity would violate the interests of justice, but only to the extent that, by decision of the court, it is strictly necessary. As already mentioned earlier, such special circumstances can be attributed to ensure the security of the participants in the process.
There are exceptions from the principle of publicity. They relate to family-legal relations ("Matrimonional disputes" and guardianship of children), as well as when protecting the interests of juvenile.
4) the right to translate services if necessary;
5) the principle of the presumption of innocence is enshrined;
6) urgency and timeliness of the trial;
7) notification of the accused on the nature and foundation of the charges;
8) the right to defense, and if necessary, the right to free use of the service of the defender;
9) the right to interrogate and challenge witnesses, the prohibition to force accused to give the testimony against himself or to recognizing himself guilty;
10) Accounting for the peculiarities of the age of minors and the promotion of the process of their re-education;
11) the right of convict to revise the case by the higher authority;
12) the right to compensation for mistakenly or illegally convicted, if this did not happen due to the fault of the convicted person;
14) the principle of the inverse force of the criminal law, mitigating the punishment, and the direct action of the law aggravating the punishment;
15) the right of everyone to recognize its legal personality (Art. 16 of the Covenant on Civil and Political Rights).
The listed principles are only basic and developed by states in national legislation on their own. In this case, the question of compliance with standards is particularly acute. For example, in Russia, in addition to other issues of legal proceedings, there are serious difficulties with the timeliness of consideration of cases and, especially with the impartiality of the court.
The basic principles of the independence of the judicial authorities adopted by the VII Congress of the United Nations on the prevention of crime and appeal with offenders on September 6, 1985 have a recommendation value. They addresses issues of professional activities and civil rights judges. So, it is said about the freedom of judges to create associations and join them to protect their interests, improve their vocational training and preserve their judicial independence. It is indicated that the judges must have a guaranteed term of office before retirement or before the expiration of this period, if installed.
The system of standards in family legal relationship is enshrined. The Covenant of Civil and Political Rights limits arbitrary interference with the personal and family life of the person, guarantees the right to the inviolability of dwellings, the secret of correspondence, protects against encroachments to honor and business reputation (Article 17). In addition, the right to protect the family from society and the state is declared.
In relation to this group of relations, the principle of the equality of people is repeated (in this case, it is said about a man and a woman and spouses). The state is proclaimed to protect children.
However, these are only the greatest norms. They are developed in special documents, in particular in the Convention on Women's Political Rights of March 31, 1953, the Convention on the Elimination of All Forms of Discrimination against Women of December 18, 1979, the Convention on the Rights of the Child, adopted in 1989, and other acts.
Thus, the Convention on Political Rights Women protects the active and passive election law of women, the Convention on the Rights of the Child establishes exceptionally humane rules for the treatment of children. This is the right to receive free primary education, right to name and citizenship, special regime for physically or mentally defective children, etc.
At the same time, sometimes the desire for perfection turns out to be erroneous. Thus, the ILO Convention dated July 9, 1948 on the night labor of women in industry banned such labor. However, a number of states originally ratified this convention, later at the request of their citizens were forced to denounce it, because She, according to the women of the women, conceived their equality with men and was thus the source of discrimination.
A whole set of standards refers to the regulation of political rights:
1) The right to peaceful assembly, which may be limited only in the interests of state or public security, public order of health and population morality or the protection of the rights of others (Art. 21 of the Covenant).
2) freedom of thought, conscience and religion (Art. 18 of the Covenant). These are individual I. collective rights For the departure of religious rites, confessing its religion in private or public. Of course, in some cases, restrictions on these freedoms can be established in the protection of public security, order, health and morality, as well as the rights and freedoms of other persons (paragraph 3 of Art. 18 of the Covenant on Civil and Political Rights). In addition, parents and other legal representatives have the right to carry out religious and moral education of children in accordance with their own beliefs.
3) freedom of speech. Restrictions on freedom of speech are established in the interests of other persons, society and state. Freedom of speech is the right to the unimpeded expression of his opinion on specific issues. Freedom is included here to search, receive and distribute different kinds of information and ideas, regardless of the territorial boundaries and the form of expression of relevant information.
The pact prohibits the propaganda of war, as well as any performance in favor of national, racial or religious hatred (Art. 20 of the Covenant). This was for a number of Western states the reason for demagogic statements that this provision contradicts the freedom of speech and should not be included in the pact. Obviously, their leaders have a short historical memory: it is unlikely that this requirement would be exhibited if the pact was accepted immediately after World War II. The propaganda of the war was convicted even in the resolution of the UN General Assembly 110 (II) of November 3, 1947, nevertheless, this article became one of the grounds for a complete refusal of individual states to ratify the entire document or at least for tightening ratification Kartashkin V. A. International protection of human rights. - M., 1976. P. 93 - 94.
3) The Pact Political Rights includes the right to create associations, including associations to protect their professional interests - trade unions (Art. 22). There is no doubt that this is a very important right, but the right to establish and participate in the trade unions is rather economic, not a political right. The inclusion of it in the Covenant Covenant and Political Rights is due not to the subject of regulation of the Covenant, but the similarity of regulated relations, because Trade unions are one of the types of associations.
Restrictions on the use of this right are the same as in other similar cases: necessary in the interests of state or public security, public order, health and moral safety or the protection of rights and freedoms of other persons. In addition, it is allowed to limit the activities of associations and trade unions in the police and the armed forces (paragraph 2 of Art. 22 of the Covenant).
4) Rights to participate in management. This is a participation in the activities of the institutions of direct democracy, and indirectly managed by the use of institutions of representative democracy. Universal equal voting right is guaranteed during a secret ballot, providing free voters. In addition, the specified rights establishes the admission criterion to the public service - the equality of applicants.
Finally, the Covenant on civil and political rights declares the equality of all people and prohibits discrimination, and for representatives of various minorities (ethnic, religious and linguistic), the Regulations on freedom of religion, freedom to enjoy their culture and native language. These standards are generally accepted and do not need special comments.
In general, it should be said that the above list of human rights, not being exhaustive, fully reflects the main directions of international regulation of the relevant rights. Bringing the full list, given the limited amount of this work, it seems inappropriate.
It is worth noting the next fact. Do not detract the values \u200b\u200bof the relevant standards, we note that they are not today in the center of scientific disputes, but the practice of their use. To understand the essence and values \u200b\u200bof standards, it is necessary to understand the forms and methods of activity of international judicial and other guaranteing and advisory bodies.
In domestic science, international law is characterized as a special legal complex. It is understood as its difference from the right as a set of legal norms of the state (respectively, the domestic legal system). This difference is traced on the subject of regulation, the main subjects, the method of creating (forming) norms, the method of legal regulation, the forms of existence (sources) of norms, the mechanism for ensuring their implementation.
As shown in the previous paragraph of this chapter, the main the subject of regulation International law are primarily interstate relations, and national law - domestic relations.
Basic subjects In the first case, there are irreversible to the state of the state and the international organizations created by them, in the second, are under the jurisdiction of states, state bodies under the jurisdiction of states.
Method for creating norms of international law (International rules) is a complex mechanism for coordination by states of its interests and foreign policy positions. As a result of the agreed will of several, many or all states (the international community as a whole), the content of the rules is determined and their obligation is recognized. The norms of national law are created by one-sided adoption of acts of the competent authorities of the state.
At the heart of the distinction lies and method of legal regulation.Basic B. international Law is the method of coordination, coordination of interests, positions of various states at the conclusion of contracts, developing in practice and recognizing the obligation of a specific rule as the norm of customary law. In the inner right (especially in regulating public relations) is used first of all method of power prescriptions (subordinate method).
Forms of existence rules (norm), i.e. sources International law, traditionally presented in the form of international treaties and international customs, which does not exclude the emergence of new options for the embodiment of the normative activities of states and interstate structures. The main sources of national law are primitive legal acts The competent authorities of the state.
International law is inherent special mechanism and specific procedures for ensuring implementation Its norms, including the application in the necessary cases of compulsory measures in the absence of a centralized coercion apparatus. It has a sufficiently effective mechanism for ensuring the implementation of adopted norms, mutually acceptable procedures for solving interstate disputes by peaceful means, effective means of countering threats and shares incompatible with international law and order.
Compliance with national law is provided by the state itself using a hierarchical centralized apparatus, including law enforcement, forced and punitive organs.
Regulatory structure of international law specific, since it includes as uniform for all or for most states rules, referred to universal, main, generally accepted principles and norms, So the rules relating to a certain group of states or received only two or several states and referred to local standards.
Modern international law is common to all states in the sense that it is the universal principles and norms that characterize its main content, its social and universal value. At the same time, it has "binding" to each individual state, since, on the basis of such principles and norms and in accordance with them, each state creates its international legal sphere that has been emerging from the local norms adopted by him.
The noted circumstance does not give a reason for approval, as if every state has its international law. But each state as a general entity, universal international law has its own international legal components.
The main sources of international law for Russia, as for all other states, are universal international legal acts - the UN Charter, the Vienna Convention on the Right of International Contracts of 1969, the Vienna Convention on Diplomatic Relations of 1961, the Vienna Convention on Consular Relations 1963 ., International Covenants on Human Rights of 1966, UN Convention against Transnational Organized Crime 2000, on the fight against acts of nuclear terrorism, on the maritime law, the Space Agreement and the General Compact Conscious Treaties, as well as generally accepted customs.
At the same time, only for Russia and interacting with it in specific issues of states, international law sources are, for example, the Charter of the CIS 1993, the 1992 Outdoor Treaty, the Charter of the Council of Europe 1949 and the European Conventions that have signed and ratified Russia (ECHR, on the protection of national minorities, for issuance, on mutual legal assistance in criminal cases, on the suppression of terrorism, etc.), the Charter of SCO 2002, the Treaty on Long-Term Neighborhood, Friendship and Cooperation of the SCO Member States 2007, Convention On the preservation of reserves of anadromic species in the northern part of the Pacific Ocean 1992, concluded by Russia, the USA, Canada and Japan, as well as dozens of other local acts with several participants and thousands of bilateral contracts (agreements, conventions, protocols) of a different nature - on the state border regimen , on the distinction of the continental shelf and the exceptional economic zone, on legal assistance and legal relations in civil, family and criminal cases, about the equivalence of diplomas about education, scientific degrees and titles, economic, scientific and technical and cultural cooperation, etc.
International law exists in two dimensions and therefore can be characterized in two aspects. It formed and functions as part of the interstate system covering the heterogeneous components of relationships within the international community. Accordingly, this approach predetermines an understanding of international law as legal complexexisting in the interstate system (and only in it) regulating international relations, foreign policy actions of states. In the accepted understanding, therefore, international law is an independent legal complex and based on its norms and the legal system implementing these norms.
At the same time, international law is part of the emerging world legal complex, which includes, along with international law, the domestic (national) right of interacting states. It refers to the coordination, within which certain norms of international law are involved in the regulation of domestic relations, directly apply as components of the state system.
This is connected with what can be called counter movement in modern right: international treaties and other international legal acts focus on interaction with national legislation, while maintaining a valid attitude towards him, to the jurisdictional prerogatives of each state; Laws and other regulatory acts of states are enriched with norms due to international law containing references to international treaties, provisions on the joint application of national and international rules and priority in conflict situations to apply international rules.
According to Part 4 of Art. 15 of the Constitution of the Russian Federation "Generally accepted principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system." Thus, in the constitutional interpretation, international legal norms adopted by Russia are an integral part of the legal system of the state.
The functional purpose of the generally accepted principles and norms of international law and international treaties of the Russian Federation in its legal system is characterized by a two-way genuine.
First, it is an impact on the content of the Constitution of the Russian Federation, first of all its ch. 2, and the provisions of federal legislation, including codes. In relation to the Constitution, it is not only about the introduction of the principles and other norms of international law, which have already been embodied in constitutional formulations, but also on the subsequent impact on the situation of the interpretation of the content of many prescriptions, which primarily indicate legal positions expressed in the decisions of the CS RF, and On the need for concretization, manifested in certain rules of legislation.
Among the numerous facts of contractual influence on federal codes can be noted the wording of Art. 4 of the Labor Code of the Russian Federation on the prohibition of forced labor, which takes into account the norms of the ILO Convention on the abolition of forced labor of June 25, 1957, and Art. 8 International Covenant on Civil and Political Rights, as well as the prescriptions of Art. 131 On the forms of remuneration with reference to international treaties of the Russian Federation.
Secondly, this is a direct action (direct application) of generally accepted principles and norms of international law and international treaties of the Russian Federation as part of their participation in the domestic legal regulation (for more details, see Chapter 7 of this textbook).
The theory has developed arguments in favor of the concept of distinction created state, i.e., domestic, national law, and used state and in the state of law. The second set is significantly wider and more complicated by the first, because along with its own law of state, it covers the norms that are subject to the national law that are subject to use or can be applied in the field of domestic jurisdiction. There are due to the norms of interstate law adopted by the state and intended for internal regulation, and the norms of foreign law, the use of which in the planned situations is allowed by individual laws and international treaties.
Thus, modern international law is characterized expansion of the sphere his applications And therefore, and expansion of the regulatory frameworkBecause a new scope of application involves the creation of it for it to and to her adapted legal norms. This refers to the scope of domestic relations to be in principle in the principle of domestic legal regulation. Its certain elements in coordination between the states themselves are considered both the objects of joint regulation - with the participation of both domestic and international legal norms.
Marked circumstances allow to characterize the norms of international law not only as the rules of interstate relations, but also as agreed by states of their mutually acceptable actions within their own jurisdiction, as well as rules relating to the status and activities of other subjects (including individuals and individuals and legal entities) In accordance with the common interests of states.
- For details, see: International Law. M., 1989. T. 1. P. 9-12; Tun-Kin G. I. Theory of international law. M., 1970.
The fundamental international standard for the protection of children's rights is the United Nations Declaration of Child Rights of November 20, 1959 and the Convention on the Rights of the Child of November 20, 1989.
The adoption of the child's rights declaration was caused by the need to create universal recommendations, which rights and freedoms of children without the difference in races, gender, language and religion should be subject to universal respect and compliance. The declaration consists of the preamble and 10 principles proclaiming the basic rights and freedoms that should belong to children, such as:
Right to the name and citizenship
For social security
On healthy growth and development,
For special care
For love and understanding
To receive education
On the game
Protection against negligent, cruelty and operation and others.
The Child Rights Declaration was adopted to provide happy childhood children, and encourages parents, individuals, organizations, government agencies and states to recognize and try to abide by the rights and freedoms of children.
The Declaration of Rights of the Child is an international recommendation document and does not impose a commitment to the UN participants to implement the principles set out in the Declaration.
This flaw in 1989 eliminated the Convention on the Rights of the Child, which not only concretized the provisions of the Declaration (Part I of the Convention), but also provided for the creation of a mechanism for monitoring compliance with States of the provisions of the Convention (Part II of the Convention).
The Convention on the Rights of the Child consists of the preamble, III parts and 54 articles that take into account almost all moments associated with the life and position of the child in society.
According to the Convention, the child is every human being before reaching 18 years of age, if the national legislation has not yet established an earlier age of the achievement of majority. The Convention proclaims the priority of the interests of children to the needs of the state, society, religion, families. The need for special concerns of the state and society about socially vulnerable groups of children is especially allocated: orphans, disabled, refugees, offenders, etc.
The Convention covers a wide list of rights that can be grouped into three categories:
Security,
Participation.
Children have the right to ensure in the widest limits, starting with the name and citizenship and ending with health care and education. They have the right to defense against certain actions, for example, torture, operation, arbitrary deprivation of freedom and unreasonable deprivation of family care. Children also have the right to participate in decision-making relating to their lives and to participate in society.
The Convention is not so much a list of rights of the child, as a comprehensive list of obligations that states are willing to recognize in relation to the child. These obligations can be direct, such as providing opportunities for education or ensuring proper administration of juvenile justice, or indirect, giving parents, other family members or guardians to play their main roles and fulfill the duties of educators and defenders.
Fastening the basic rights of children, the Convention pursues three main objectives:
Reaffirm the rights that have already been provided to people in the framework of other treaties. Some of these rights, such as torture, are quite obvious, also concerns children. Others, for example, the right to express opinion, freedom of assembly, freedom of religion and the right to social security, led to hot discussions during the preparation of a document regarding whether children should have such rights and if so, in what cases. It was very important to confirm again that they should have such rights, as well as the fact that children are also people;
Strengthen some basic human rights in order to take into account the special needs and vulnerability of children. An obvious example is working conditions that should be easier for children and young people than for adults. Another example is the conditions under which children can be deprived of freedom;
Set the rules in those areas that are particularly relevant for children. The Convention affects highly specific issues related to children, such as adoption procedures (adoption), access to primary education, protection against abuse and lack of care in the family, as well as the recovery of alimony.
The objectives of the Convention on the Rights of the Child are reflected in Figure 4 ( cm. Appendix A2).
The Convention contains three main innovations. First, it introduces the concept of "participation rights" for children and recognizes the importance of informing children themselves about their rights. Secondly, the Convention raises such issues that were never seen in international documents: the right of children affected by cruelty and exploitation, to rehabilitate and the obligation of governments to take steps for traditional practices harming children's health. Thirdly, it includes the principles and norms that previously appeared only in legally non-binding texts, and in particular issues related to adoption (adoption) and the administration of juvenile justice.
The Convention also introduces two important concepts that are of great importance:
- "The best to ensure the interests of the child" (Art. 3) becomes a mandatory criterion for "all actions against children";
The principle, in accordance with which parents (or other persons responsible for the child) are obliged to properly manage and lead the child in their rights and do this in accordance with the developing abilities of the child to receive and implement these rights (Article 5).
As guidelines that are the basis for all rights, it is possible to allocate the following:
On preventing discrimination (Art. 2);
On the best interests of the child (Art. 3);
On the right to life, survival and development (Art. 6);
On respect for the views of the child (Art. 12).
Given the fact that the Convention is a ban on call and recruitment into armed forces and participation in the hostilities of children under the age of 15, the UN General Assembly on May 25, 2000 adopted the Optional Protocol to the Convention on the Rights of the Child on the participation of children in armed conflicts. The protocol provides that the states involved in it will ensure that persons who have not reached 18 years of age would not directly participate in hostilities and should not be binding on military service.
On 25 May 2000, the UN General Assembly also adopted the Optional Protocol to the Convention on the Rights of the Child regarding trafficking in children, child prostitution and child pornography.
The Republic of Belarus has ratified both the Convention on the Rights of the Child and the Optional Protocols to it ,.
The requirements of the Convention are subject to unconditional fulfillment by each state-signed. The UN Control Body in this area of \u200b\u200bthe Convention (Article 43) recognized the Committee for the Rights of the Child.
In addition to the above-mentioned documents of the United Nations, for the purpose of childhood protection, a number of other documents were adopted, such as:
Convention on Combating Discrimination in Education 1960,
Declaration on the protection of women and children in emergency circumstances and in the period of armed conflicts of 1974,
Declaration on social and legal principles related to the protection and well-being of children, especially when the transfer of children to education and their adoption at the national and international levels of 1986,
Minimum standard UN rules regarding the administration of juvenile justice (Peking Rules) and others.
2. Since then, significant progress has been reached, reflected in the report of the Secretary-General "We, Children". Millions of young lives saved, more children than ever, began to attend school, more children are actively involved in making decisions regarding their lives, and important agreements have been concluded to protect children. However, these achievements and successes of unequal, and still have to overcome numerous obstacles, especially in developing countries. The goal of providing a brighter future for all children has not been implemented, and general achievements do not meet national and international obligations.
3. We, the heads of states and governments and representatives of States participating in, confirming our commitment to goals and principles embodied in, are determined to take advantage of this historical opportunity to change the world for children and together with them. Therefore, we confirm our commitment to complete what has been left in advance on the World Summit on Children's World Summit, and solve other new issues that are vital to achieve long-term goals and tasks approved at recent major meetings and United Nations conferences, in particular those established in the United Nations Millennium Declaration, acting at the national level and on the line of international cooperation.
4. We confirm our commitment to take measures to encourage and protect the rights of each child - every person under the age of 18, including adolescents. We are determined to respect the dignity and ensure the well-being of all children. We recognize that in the Convention on the Rights of the Child, the Human Rights Agreement, which is ratified by the largest number of states, and in the Optional Protocols it contains a comprehensive complex of international legal standards regarding protection and ensuring the well-being of children. We also recognize the importance of other international legal instruments related to children.
5. We emphasize our commitment to the creation of a world, suitable for children in which the sustainable development of a person with the best of ensuring the interests of the child is based on the principles of democracy, equality, non-discrimination, peace and social justice, as well as versatility, indivisibility, interdependence and interconnectedness of all rights man, including the right to development.
6. We recognize and support parents and families or, in appropriate cases, legitimate guardians as persons who are primarily carrying care of children, and we will strengthen their ability to provide for children with optimal care, nutrition and protection.
7. Now we appeal to all members of the Company with a call to form together with us the worldwide movement, which will help build a world suitable for children, based on our consistent commitment to the following principles and goals:
1. Children - above all. In all the activities related to children, priority should be paid to the best to ensure the interests of the child.
2. Eradicate poverty: invest in children. We confirm our solemn promise to break the vicious circle of poverty during the life of one generation, guided by a single faith in the fact that investing in children and their rights are one of the most effective ways to eradicate poverty. Urgent measures should be taken to eliminate the worst forms of child labor.
3. Do not forget a single child. Each girl and every boy is born free and equal in their dignity and their rights; Therefore, it is necessary to commit discrimination against children in all its forms.
4. Take care of each child. Children need to create as best conditions at the beginning of life. The primary general human development is survival, protection, growth and development of children with good health and proper nutrition. We will make concerted efforts to combat infectious diseases, eliminating the main reasons for the malnutrition and raising children in safe conditions that would allow them to be physically healthy, mentally developed, emotionally balanced, socially responsible and able to acquire knowledge.
5. Give each child education. All girls and boys should have access to free, compulsory and high-quality primary education as the cornerstone of universal basic education and be able to get it. Inequality of floors in the field of primary and secondary education should be eliminated.
6. Protect children from harm and exploitation. Children should be protected from any acts of violence, abuse, operation and discrimination, as well as all forms of terrorism and hostage seizure.
7. Protect children from war. Children should be protected from horrors of armed conflicts. It is also necessary to ensure the protection of children living in conditions of foreign occupation, in accordance with the provisions of International Humanitarian Law.
8. Fight HIV / AIDS. Children and their families should be protected from the harmful effects of human immunodeficiency virus / acquired immunodeficiency syndrome (HIV / AIDS).
9. Listen to children and ensure their participation. Children and teenagers are creative citizens who are able to assist in building a better future for everyone. We must respect their right to express their opinions and participate in solving all issues affecting them, taking into account their age and maturity.
10. Save land for children. We must preserve our natural environment, with its diversity of life, its beauty and its resources, all what improves the quality of life, for current and future generations. We will provide all kinds of assistance in order to protect children and minimize the impact on them of natural disasters and environmental degradation.
8. We recognize that the implementation of this Declaration and Action Plan requires not only confirmation of political will, but also mobilization and allocation of additional resources at the national and international levels, since the special needs of children are urgent and serious.
9. In accordance with these principles and objectives, we accept the action plan contained in Section III below, being confident in what we will build such a world in which all girls and boys will be able to rejoice in childhood - the game time and study in which they are They love, respect and cherish, their rights are encouraged and protected without any discrimination, where their safety and well-being are in the first place and where they can develop, being healthy, in the context of peace and dignity.
II. Overview of the achieved progress and learned experience
10. The World Declaration and Action Plan of the World Summit in the interests of children relate to the number of such international obligations of the 90s of the 20th century, which are carried out and are monitored in the most stable way. At the national level, reviews are held annually, and the General Assembly submitted reports on the progress of work. An overview was conducted in the middle of the decade and a thorough global review at the end of the decade. Within the framework of the Global Review in Beijing, Berlin, Cairo, Kathmandu and Kingston, regional high-level meetings were held, on which the progress achieved was appreciated, measures were taken to fulfill the decisions of the summit and other major conferences; It was recommended to strengthen the commitment to achieving the goals of the World Summit and appreciated the future. Complementing the efforts of governments, a wide range of other entities, including children, youth organizations, educational institutions, religious groups, civil society organizations, parliamentarians, media, United Nations agencies, donors and large national and international non-governmental organizations participated in .
11. As noted by the Secretary-General at the end of the decade, the 80s were the decades of great expectations and modest achievements in the interests of children in the interests of children. As for the positive parties, thanks to the summit and entry into force of the Convention on the Rights of the Child, the interests of children became a political priority. The record number of countries - 191 - ratified, signed the Convention or joined it. About 155 countries have prepared national action programs to fulfill the tasks set at the highest level. Regional obligations were taken. International legal States And the mechanisms have improved the protection of children. Efforts to implement the goals set at the highest level meeting, gave a number of tangible results in improving the situation of children: this year will remain alive for 3 million children more than 10 years ago; Poliomyelitis is almost eliminated; and, due to the iodization of salt; 90 million newborns annually get rid of the significant loss of the ability to acquire knowledge.
12. Nevertheless, it is necessary to do much more. The resources that were promised at the highest level meeting both at the national and international levels were not fully received. The most important problems remain unresolved: every year more than 10 million children die, although in most cases they could be saved; 100 million children still do not attend school, 60 percent of whom are girls; 150 million children suffer from malnutrition; HIV / AIDS is distributed with catastrophic speed. Still spread poverty, alienation and discrimination; Social services do not receive sufficient investments. In addition, the burden of debt, excessive military expenses incompatible with the needs of national security, armed conflicts, foreign occupation, hostage seizure and all forms of terrorism, as well as the lack of efficient use of resources, among all other factors can restrain national efforts to combat poverty and Ensuring the well-being of children. Childhood of millions is still overshadown by the harmful and exploitative labor, trade and illegal protection of children, including adolescents, and other forms of abuse, inattention, operation and violence.
13. The experience of the last decade confirms that in all efforts in the field of development of one of the priority tasks should be satisfying the needs and ensuring the rights of children. Based on this experience, you can make a number of important findings: it is possible to change the situation, the rights of children are an effective unifying factor here; The policy should be aimed at eliminating both the direct causes of the dysfunctional position or alienation of groups of children and wider and deep reasons for the inadequate protection of children and violations of their rights; It is necessary to apply address approaches that give a quick effect, while paying due attention to the principles of sustainability and participation; Efforts should be based on the viability and forces of the children themselves. Multi-sectoral programs, concentrated in minors and to help families, especially in advanced risk, deserve special support, since they have a positive impact on the growth, development and protection of children for a long time.
III. Action plan
A. Creating a world suitable for children
14. The world suitable for the life of children is such a world in which all children receive the best possible conditions at the beginning of life and have access to high-quality basic education, including primary education, which is mandatory and free for everyone, and in which all children , including adolescents, have ample opportunities for the development of their individual abilities in a safe and favorable environment. We will promote the physical, psychological, spiritual, social, emotional, cognitive and cultural development of children as a priority area of \u200b\u200bnational and global actions.
15. The family is the main cell of society and how such should be strengthened. It has the right to comprehensive protection and support. The family lies the main responsibility for the protection, education and development of children. All institutions of society must respect the rights and well-being of children and provide relevant assistance to parents, families, legal care and other people who take care of children so that children can grow and develop in a safe and stable environment, happiness, love and understanding atmosphere , given the fact that in various cultural, social and political systems there are different forms of the family.
16. We also recognize that a significant number of children live without parental support, for example, orphans, street, displaced children and children refugees, children who have become the object of trade and sexual and economic exploitation, and children deprived of their liberty. It is necessary to take special measures to support such children and institutions, institutions and services that care about them, as well as to create and strengthen the possibilities of the children themselves to defend themselves.
17. We are determined to achieve parents, families, legitimate guardians, people who take care of children, and the children themselves have had the widest access to information and services that promote the survival, development, protection and participation of children.
18. Chronic poverty remains the largest separate obstacle to the satisfaction of the needs, protection and promotion of children's rights. It must be struggling at all fronts: from providing basic social services to the creation of employment opportunities, from providing access to microcredits before investing in infrastructure and to facilitate the burden of debt before the principles of fair trade. Children are most suffering from poverty, as it affects themselves the foundations of their development potential - their developing organism and mind. Therefore, the eradication of poverty and the reduction in inequality should be one of the key tasks of all development efforts. Objectives and strategies adopted at the last major conferences of the United Nations and within the framework of the following activities, in particular at the Millennium Summit, are laid by the useful international basis for national poverty reduction strategies in order to implement and protect the rights and strengthening the well-being of children.
19. We recognize that globalization and interdependence reveal new opportunities through trade, investment and capital movement, as well as technology development, including information technology, for the growth of the global economy, development and raising vital level worldwide. At the same time, serious problems remain, including severe financial crises, uncertainty in tomorrow, poverty, social alienation and inequality between societies and within society. Developing countries, in particular least developed countries, as well as some countries with economies in the transition period are still facing significant obstacles in further integration and complete participation in the global economy. If the benefits of socio-economic development will not be provided to all countries, an increasing number of people in all countries and even in whole regions will be marginalized, remaining outside the global economy. We must act now, in order to overcome these obstacles, affecting the peoples and countries, and to realize the full potential of opportunities arising for the benefit of all, in particular children. We speak for an open, fair, based on rules predictable and non-discriminatory multilateral trading and financial system. Investment, in particular, in education and training, will help to provide children with the opportunity to use the benefits of major achievements in the field of information and communication technologies. Globalization opens up opportunities and creates problems. Developing countries and countries with economies of the transition period are faced with special difficulties in response to these problems and opportunities. Globalization must be fully open and fair, and there is an urgent need for strategies and measures at the national and international levels, formulated and implemented with the full and effective participation of developing countries and countries with a transitional economy in order to help them effectively respond to these Problems and opportunities, paying the most primary attention to achieving progress in the interests of children.
20. Discrimination perpetuates the socio-economic alienation and undermines the ability of children to develop its potential fully. We will make all sorts of efforts to eliminate discrimination against children, regardless of whether it is connected with race, skin color, gender, language, religion, political or other convictions, national, ethnic or social origin, property status, disabilities, status Birth or other status of a child, his parents or legitimate guardians.
21. We will take all measures to ensure that children with disabilities and children with special needs fully and on equal basis enjoyed all human rights and basic freedoms, including access to health care, education and recreation, to ensure the dignity of these children, Promoting their independence and facilitate their active participation in society.
22. Children from the number of indigenous people, children belonging to minorities and vulnerable groups, are in incommensurable more unfavorable position in many countries due to different forms of discrimination, including racial discrimination. We will take appropriate measures to terminate discrimination, providing special support and ensuring equal access to services for them.
23. The achievement of the goals relating to children, especially girls, would be facilitated if women fully enjoyed all human rights and basic freedoms, including the right to development, had the opportunity to fully and on equal basis to participate in all spheres public Life And they would be protected from all forms of violence, abuse and discrimination. We are determined to eliminate all forms of discrimination against girls throughout their lives and pay special attention to their needs in order to encourage and protect all their human rights, including the rights not to be coercive and do not become victims of practices and sexual exploitation harmful to their health. We will encourage gender equality and equal access to such basic social services such as education, food, health care, including sexual and reproductive health, immunization and protection against diseases that are the main causes of mortality, and ensure that gender issues in all policies and in all development programs.
24. We also recognize the need to take into account the changing role of men in society as they become youngsters and fathers from boys, and also aware of the difficulties that faces boys growing in today's world. We will continue to promote the collaborative responsibility of both parents in the formation and education of children and will make every effort to ensure that the fathers have the opportunity to participate in the lives of their children.
25. It is extremely important that national goals relating to children include the targets for reducing any inequality, especially inequality, which is a consequence of discrimination on the basis of race, between girls and boys, between rural and city children, children of rich and poor parents, disabled and healthy children.
26. To ensure the health and well-being of children, it is necessary to eliminate a number of environmental problems and trends, such as global warming, the depletion of the ozone layer, air pollution, hazardous waste, the impact of hazardous chemicals and pesticides, inadequate sanitation, bad hygiene, lack of safe drinking water and food and inadequate housing conditions.
27. Adequate housing conditions favors family cohesion, contribute to social justice and strengthen the feeling of involvement, security and human solidarity, which is of great importance for the well-being of children. Therefore, we will pay the most priority attention to solving the problem of the lack of housing and the satisfaction of other infrastructure needs, especially in the interests of children living in marginal suburban and remote rural areas.
28. We will take measures to the rational use of our natural resources and to protect and preserve the environment surrounding on a sustainable basis. We will achieve changes in unstable production and consumption systems on a fundamental basis, including, in particular, on the basis of the principle, in accordance with which states, taking into account their unequal contribution to the process of global and environmental degradation, have general, but differentiated duties. We will help ensure that all children and adults brought up in the spirit of respect for the natural environment in the interests of their health and well-being.
29. The Convention on the Rights of the Child and the Optional Protocols contain a comprehensive complex of international legal standards regarding protection and ensuring the well-being of children. We also recognize the importance of other international legal instruments related to children. General principles, in particular, the highest interests of children, refusal of discrimination, participation, survival and development, provide a framework for our actions in the interests of children, including adolescents. We urge all countries to urgently consider signing and ratifying the Convention on the Rights of the Child, Optional Protocols to It and Conventions 138 and 182 of the International Labor Organization or accession to them. We urge the participating States to fully fulfill their contractual obligations, to decline the reservations incompatible with the subject and purpose of the Convention and consider other reservations in order to relieve them.
30. We welcome the entry into force of the Optional Protocols to the Convention on the Rights of the Child regarding the participation of children in armed conflicts and trafficking in children, children's prostitution and child pornography, and urge the participating States to fully implement them.
31. We, governments participating in a special session, undertake to implement this action plan through consideration of such measures as:
a.) Implementation, when it is advisable, effective national legislation, policies and action plans and allocating resources for the implementation and protection of the rights of children and ensure their well-being;
b.) Creating or strengthening such national authorities, as, in particular, independent authorized children, when it is advisable, or other institutions in the interests of encouraging and protecting the rights of children;
c.) the creation of national monitoring and assessment systems for analyzing the impact of our actions to the situation of children;
d.) Promoting wider awareness and understanding of the rights of children.
Partnership and participation
32. In order to implement this action plan, we will strengthen our partnership with the following applicable persons who are able to make a unique contribution, and we will encourage the use of all methods to ensure mass participation for our common cause - the well-being of children and promotion and protect their rights:
1. Children, including adolescents, should be able to carry out the right to freely express their opinions as they develop and educate self-esteem, acquire knowledge and skills, in particular relating to the settlement of conflicts, making decisions and communicate to solve the tasks that life poses. The right of children, including adolescents, should be respected and encouraged for the free expression of their opinions, and their opinions should be properly taken into account in accordance with the age and maturity of the child. It is necessary to encourage the energy and creativity of children and young people so that they can take an active part in the formation of their environment, their society and the world, which they inherit. The disadvantaged and marginalized children, including adolescents, need special attention and support in terms of accessing major services, upbringing self-esteem and preparations for themselves to respond to their lives. We will strive to develop and implement programs aimed at promoting the constructive participation of children, including adolescents, in decision-making processes, including families and schools, as well as at the local and national levels.
2. Parents, families, legitimate guardians and other people who take care of children play a major role and bear the main responsibility for the well-being of children, and they must be supported when they fulfill their responsibilities for the education of children. All our programs and policies should help the parents, families, legal guardians and other persons who take care of children, as well as society as a whole, became responsible for raising children.
3. Governments and government bodies through, in particular, the strengthening of the partnership at all levels can ensure that children occupy a central place in development programs. Based on such initiatives, as "communities favorable for children" and "Cities without slums", mayors and local leaders can significantly improve the lives of children.
4. Parliamentarians or members of the legislative bodies play a cardinal role in implementing the present plan of actions, for whose success requires that they increase public awareness, they have taken the necessary laws and allocated financial resources for this purpose, and also monitored their effective use.
5. Non-governmental and community organizations will receive support in their activities, and in appropriate cases should be created by mechanisms that promote civil society participation in solving issues related to children. The subjects of civil society are designed to play a special role in promoting and supporting positive behavior and in creating a medium that promotes the well-being of children.
6. The private sector and corporations can make a special contribution here: from the adoption and compliance with the principles demonstrating social responsibility, prior to the allocation of resources, including those responsible for children in the interests of innovative sources of financing and community development programs as microcredit systems.
7. Religious, spiritual and cultural leaders, as well as the leaders of the indigenous population due to their enormous influence can play a key role as leading chambers of the interests of children, helping to convert the goals and objectives contained in the present plan of actions in priorities for their communities and mobilizing and inspiring People for action in the interests of children.
8. The media and their organizations can play a key role in raising awareness of the situation of children and problems facing them; They should also play a more active role in informing children, parents, families and the general public about initiatives to protect and promote children's rights and should also contribute to the training of curriculum for children. In this regard, the media must remember their influence on children.
9. Regional and international organizations, in particular all United Nations bodies, as well as Bretton Woods and other multilateral institutions should be encouraged to cooperate and ensure a leading role in accelerating and achieving progress in the interests of children.
10. On people who work directly with children, is a huge responsibility. Improving their status, moral spirit and professionalism is important.
B. Goals, Strategies and Measures
33. After the World Summit in the interests of children, many goals and objectives relating to children were approved at large summits and United Nations conferences, as well as in the process of conducting their review. We strongly confirm our commitment to achieving these goals and tasks and creating children's opportunities for the current and future generations that their parents were deprived of. As a step towards creating a solid foundation for achieving international tasks in the field of development and goals established at the Millennium Summit, we declare our determination to achieve the achievements of those goals and objectives that have not been fulfilled, as well as the agreed series of intermediate tasks and indicators during this decade (2000-2010) in the following priority areas of action.
34. Given the highest interests of children, we undertake to seek the following goals and implement the following strategies and measures, adequately adapting them to a specific situation in each country and various situations and conditions in different regions and countries around the world.
1. Promoting a healthy lifestyle
35. As a result of poverty and lack of access to major social services from preventable diseases and malnutrition every year more than 10 million children under five years old, and almost half of them in the first months of life. As a result of complications for pregnancy and childbirth and anemia and malnutrition, more than half a million women and girls per year and even greater than their number are injured and become disabled. More than one billion people do not have access to clean drinking water; 150 million children under five years of age are undernourished; Over two billion people do not have access to adequate sanitation.
36. We are determined to break this tested by many generations a vicious circle of poor nutrition and diseases by creating safe and healthy conditions at the beginning of life for all children, providing access to effective, equal, stable and sustainable primary health care systems in all communities, ensuring Access to information services and services to the areas of specialists, the organization of adequate water supply and sanitation, as well as the promotion of a healthy lifestyle among children and adolescents. In this regard, we are determined to ensure the achievement of the following goals in accordance with the decisions of recent United Nations Conferences, Summit and Special Sessions of the General Assembly, reflected in their respective reports:
a.) reduction of the infant mortality rate and mortality of children under five years of at least one third in the process of achieving the goal of reducing this coefficient for two thirds by 2015;
b.) Reducing the maternal mortality rate of at least one third in the process of achieving the goal of reducing this coefficient by three-quarters by 2015;
c.) reduction of the number of malnutritions under five years of at least one third with particular attention to children under the age of two years and a decrease in the fertility fertility with insufficient weight of at least one third compared to the current level;
d.) reduction of at least one third of the number of households that do not have access to sanitary and hygienic conditions and safe to health drinking water at an affordable cost;
e.) Development and implementation of national strategies and programs for the development of children at an early age in order to ensure the active physical, social, emotional, spiritual and intellectual development of children;
f.) Development and implementation of national health strategies and programs for adolescents, including the establishment of goals and indicators, to facilitate their physical and mental health;
g.) Provision as soon as possible, but no later than 2015, access through the primary health care system for reproductive health for all people of relevant ages.
37. To achieve these goals and tasks, taking into account the best interests of children in accordance with national laws, religious beliefs, moral values \u200b\u200band cultural history of their peoples and according to all human rights and basic freedoms, we will implement the following strategies and measures:
1. Ensure that the decrease in the indicators of maternal and early childhood morbidity and mortality has become one of the priorities of the health sector and that women, in particular pregnant adolescence, have easy access to low-cost and necessary obstetric services, well-equipped and adequately equipped personnel in service The care of mother's health, qualified assistance in childbirth, emergency obstetric care, an effective direction and transportation system, if necessary, to specialists, care after childbirth and family planning, so that in particular, to promote safe motherhood.
2. Ensure all children access to adequate, convenient and quality health services, enlightenment and information.
3. In the interests of all persons of the appropriate age, it is effective to promote a healthy lifestyle, including reproductive and sexual health, in accordance with the obligations and decisions of recent conferences and summary meetings of the United Nations, including the World Summit on the Provision of Children, the Conference United Nations Environment and Development, International Conference on Population and Development, World Summit on Social Development and the Fourth World Conference on Women's Status, the results of their five-year reviews and their reports.
4. Promote the health and survival of children and reduce the disproportions as soon as possible between the developed and developing countries and within them, paying particular attention to the elimination of excessive and preventable mortality among infant and younger girls.
5. Keep, encourage and maintain only breastfeeding babies for six months from the date of birth and continued breastfeeding in combination with a safe, appropriate and adequate additional nutrition during the first two years of child's life or for a longer period. Provide mothers infected with HIV or Patients with AIDS, advice on child nutrition, so that they can make a free and conscious choice.
6. It is necessary to do a special emphasis on the prenatal and postpartum care, the main obstetric care and care for newborn, especially in areas where there is no access to medical care.
7. Ensure complete immunization of 90 percent of children under one year at a national scale and at least 80 percent of children in each separate area or equivalent administrative unit; reduce death mortality twice by 2005; eliminate tetanus in mothers and newborns by 2005; and provide children in all countries with new and improved vaccines and other preventive benefits.
8. Provide by 2005 the eradication of poliomyelitis around the world.
9. Liquidation of Dracuncools.
10. Strengthen the child development programs at an early age by providing relevant services and support to parents, including disabled parents, families, legal care and persons who have taken care of children, especially during pregnancy, childbirth, infancy and early childhood, In order to ensure the physical, mental, social, spiritual and mental development of children.
12. Reduce the incidence of malaria and ensure that 60 percent of all people exposed to the risk of malaria disease, especially children and women, used mosquito nets.
13. Improve the nutrition of mothers and children, including adolescents, through the provision of food safety, providing access to major social services and ensure adequate care.
14. Support the population and countries suffering from acute food shortage and from hunger.
15. Strengthen health and enlightenment systems and intensify the activities of social security systems in order to expand access to comprehensive and efficient services. medical care, food and care for children in families, communities, schools and institutions of primary health care, including urgent payments to the disadvantaged boys and girls.
16. Reduce children's injuries caused by accidents or other reasons by developing and implementing proper preventive measures.
17. Ensure effective access of disabled children and children with special needs, to comprehensive services, including services for rehabilitation and medical care, and contribute to the care of children in the family conditions and the introduction of appropriate support systems for parents, families, legitimate guardians and individuals, Taking care of such children.
18. To provide special assistance to children suffering from mental and psychological disorders.
19. Promote the physical, mental and emotional health of children, including adolescents, through playing, sports, leisure, artistic and cultural expression.
20. Develop and implement strategies and programs for children, including adolescents aimed at preventing drug use, psychotropic substances and inhalants, except in medical purposes, and to reduce the negative effects of abuse, and provide support for preventive strategies and programs, especially directed against smoking and alcohol consumption.
21. Develop intended for children, including adolescents, strategies and programs to reduce the scope of violence and the number of suicides.
22. Provide for 2005 the sustainable liquidation of diseases caused by the lack of iodine, and by 2010 - diseases caused by the lack of vitamin A; reduce by 2010 for one third of the prevalence of anemia, including lack of iron; and accelerate the achievement of progress towards a decrease in the prevalence of diseases caused by the lack of other microelements, by providing diversity of nutrition, vitaminization of food and food additives.
23. As part of efforts to ensure universal access to clean drinking water and adequate sanitary and hygienic conditions, pay more attention to building the capacity of families and communities in the field of regulating existing systems and promoting changes in health education behavior, including in the school program .
24. Eliminate any differences in the health level and access to major social services, including medical care, children belonging to indigenous people and minorities.
25. Develop legislation, policies and programs, when it is advisable, at the national level and strengthen international cooperation in order to prevent, among other things, the impact on children of harmful environmental pollutants in air, water, soil and food.
2. Ensuring high-quality education
38. Education is one of the human rights and key factor in reducing poverty and child labor and in promoting democracy, peace, tolerance and development. Nevertheless, over 100 million children of younger school age, most of their girls, do not attend school. Classes with millions of other children in crowded, not meet the requirements of sanitation and poorly equipped classes lead unprepared and low-paid teachers. And one third of all children finish five school classes, i.e. Do not reach the minimum required level of basic literacy.
39. As agreed on the World Education Forum in Dakar, confirming the United Nations Developed United Nations on Education, Science and Culture The role of coordination of partners' actions in the framework of the "Education for All" initiative and supporting their collective desire to ensure basic education, we will devote The most priority attention to ensuring that by 2015 all the children have access to free, compulsory and high-quality initial education and have the opportunity to get it. We will also strive to gradually ensure secondary education. As a step on the way to achieving these goals, we determined to achieve the following:
a.) expand and improve the integrated care systems at an early age and their training, both for girls and boys, and this is especially true of the most vulnerable and disadvantaged children;
b.) to reduce 50 percent the number of young children who do not attend school, and increase the net rack of children in primary school or their training in the system of alternative high-quality primary education at least 90 percent by 2010;
from) to liquidate inequality to 2005 between girls and boys in obtaining primary and secondary education; and achieve gender equality in the field of education by 2015 with particular attention to ensuring that the girls have full and equal access to the basic education of high quality and the ability to get such an education;
d.) Improve all aspects of the quality of education so that children and young people reaches a recognized and measuring the level of learning, especially account, literacy and basic life skills;
e.) To ensure that the needs of all young people in education are satisfied with ensuring access to relevant training programs and the acquisition of life skills;
f.) Provided by 2015 an increase of 50 percent of literacy among adults, especially women.
40. To achieve these goals and tasks, we will implement the following strategies and measures:
1. Develop and exercise special strategies to ensure that the school becomes easily accessible to all children and adolescents and that basic education is available in terms of its value for all families.
2. To promote the implementation of innovative programs that would encourage schools and communities to more actively identify children who have thrown or not attending school and non-learning, especially girls and working children, children with special needs and disabled children, and assist them in admission to school , Its visiting and successfully completed training with the participation of governments, as well as families, the public and non-governmental organizations as partners in the education process. Special measures should be taken to prevent and reduce the number of cases of cessation of study due to the need to go work.
3. Eliminate the gap between formal and informal education, taking into account the need to ensure good quality education, including the competence of teachers, and recognizing that informal education and alternative approaches allow you to acquire useful experience. In addition, develop the complementarity between these two learning systems.
4. Provide all major learning programs We were available, open and taken into account the needs of children with special needs in terms of training and children with various disability forms.
5. Ensure that children of indigenous peoples and children belonging to minorities, have access to high-quality education on the same basis as other children. It is necessary to make efforts to ensure that this formation is ensured by respect for their heritage. It is also necessary to make efforts to create opportunities for learning in such a way that children of indigenous peoples and children belonging to minorities could realize and maintain their cultural identity, including such important aspects as language and spiritual values.
6. Develop and implement special strategies aimed at improving the quality of education and meet the needs of all children in training.
7. Create together with children comfortable learning conditions for them, in which they would feel safe, were protected from ill-treatment, violence and discrimination, and were also healthy and encouraged to acquire knowledge. Ensure that curricula and materials fully reflect the promotion and protection of human rights and such values \u200b\u200bas peace, tolerance and equality of men and women, and used any opportunity to be opened in connection with the international decade of the culture of peace and non-violence for children of the planet , 2001-2010.
8. Strengthen children's care systems at an early age and their training through the organization of services and the development and support of programs intended for families, legitimate guardians, persons who have taken care of children and communities.
9. Provide adolescent opportunities for obtaining education and training so that they can provide themselves with sustainable livelihoods.
10. Develop when necessary, and implement programs that allow pregnant and teenage mothers to continue and complete their education.
11. To urge further developing and implementing programs for children, including adolescents, especially in schools, to prevent and terminate smoking and alcohol consumption; identify, counteract and prevent drug trafficking, psychotropic substances and their use, except for medical purposes, in particular, by facilitating the media campaigns on the dissemination of information on their harmful consequences and the danger of drug addiction, and making the necessary measures to eliminate The root causes of this phenomenon.
12. Encourage innovative programs that provide incentives for low-income families with school children in order to increase the number of girls and boys attending school, and ensure that they are not forced to work to the detriment of their studies at school.
13. Develop and implement programs that are specifically aimed at eliminating the inequality of girls and boys when enrolling in school, as well as gender prejudice and stereotypes in educational systems, curriculum and materials, regardless of whether they arise from any discriminatory practices. , social or cultural views or legal and economic circumstances.
14. Improve the status, moral spirit, the level of training and professionalism of teachers, including educators of young children, providing them with appropriate remuneration for their work, as well as opportunities and incentives to increase their qualifications.
15. Develop flexible, open to the wide participation of the population and ensuring accountability of the management system and management of educational institutions in school, community and national levels.
16. Satisfying the special needs for the knowledge of children affected by crises by ensuring that training is carried out during and after crises, and exercise training programs for the formation of the culture of the world in such a way that it contributes to the prevention of violence and conflict and promoted the rehabilitation of victims.
17. Provide available conditions and opportunities for recreation and sports in schools and communities.
18. To master the rapidly developing information and communication technologies in support of education at an affordable price, including open and absentee education, reducing injustice in the availability and quality of education.
19. Develop strategies aimed at reducing HIV / AIDS on education and school systems, students and learning process.
3. Protection against ill-treatment, operation and violence
41. Hundreds of millions of children suffer and die as a result of wars, violence, exploitation, dismissive relationships and cruelty and discrimination in all forms. Worldwide, children live in particularly difficult conditions, becoming disabled for all life with disabilities or having received heavy injuries as a result of armed conflicts, as faces displaced in the country, or forced to leave their countries as refugees, suffering from natural and anthropogenic disasters, including such hazards As affected by the effects of radiation and hazardous chemicals, such as children from the families of migrant workers and other groups in socially disadvantaged, as victims of racism, racial discrimination, xenophobia and related intolerance.
Illegal trade, smuggling provisions, physical and sexual exploitation and abduction, as well as the economic operation of children even in its worst forms are the daily reality surrounding children in all regions of the world, while domestic violence and sexual violence against women and children remain serious problems.
In several countries there is a social and humanitarian impact of economic sanctions on the civilian population, in particular women and children.
42. In some countries, unilateral measures have adversely affect the situation of children who do not agree with the international law and charter of the United Nations, creating obstacles to trade relations between states that prevent the full implementation of socio-economic development and make it difficult to ensure the well-being of the population in the countries affected by these countries. Special consequences for women and children, including adolescents.
43. Children have the right to defense against all forms of ill-treatment, inattention, operation and violence. Societies should eliminate all forms of violence against children. In this regard, we determined:
but) Protect children from all forms of ill-treatment, inattention, operation and violence;
b.) Protect children from the impact of armed conflict and ensure compliance with the norms of international humanitarian law and human rights standards;
from) Protect children from all forms of sexual exploitation, including pedophilia, trade and abduction;
d.) take urgent and effective measures to eliminate the worst forms of child labor, as defined in the International Labor Organization Convention No. 182, and develop and implement strategies aimed at eliminating child labor contrary to adopted international standards;
e.) To facilitate the fate of millions of children living in particularly difficult conditions.
44. To achieve these goals, we will implement the following strategies and measures:
Total defense
1. Develop systems to ensure the registration of each child at birth or shortly after birth and to implement his right to receive behalf and citizenship in accordance with national laws and relevant international documents.
2. Encourage all countries to adopt and ensure compliance with laws, as well as improving the implementation of policies and programs to protect children from all forms of violence, inattention, ill-treatment and exploitation, be it at home, at school or in other institutions, at work or in society .
3. Take special measures to eliminate discrimination against children on the basis of race, skin color, gender, language, religion, political or other beliefs, national, ethnic or social origin, property status, disability, birth and other status and ensure their access to Education, health care and basic social services.
4. To end with impunity of those perpetrators of any crimes against children by bringing them to the responsibility and dissemination of information about the penalties made for such crimes.
5. Take steps to avoid and refrain from any one-sided measures that are contracted with the international law and charter of the United Nations and impede the full achievement of economic and social development by the population of the affected countries, in particular women and children who impede the growth of their welfare and creating Obstacles to the complete implementation of their human rights, including the right of everyone to the standard of living, ensuring proper health and well-being, and their right to receive food, medical care and the necessary social services. Ensure that food and medicines are not used as political pressure tools.
6. Raise awareness of the illegality and the harmful consequences of refusing to ensure the protection of children from violence, ill-treatment and operation.
7. Encourage the creation of prevention, support and care services, as well as juvenile administration systems specifically designed for children, taking into account the principles of correctional justice; To fully protect the rights of children and attract specially trained personnel for this purpose, which would contribute to the reintegration of children in society.
8. Protect children from torture and other cruel, inhuman or degrading treatment or punishment. To encourage the governments of all states, in particular states in which the death penalty is not canceled, comply with the obligations adopted in accordance with the relevant provisions of international human rights instruments, including, in particular, Articles 37 and 40 of the Convention on the Rights of the Child and Article 6 and 14 of the International Covenant on civil and political rights.
9. Put the end of the violating right of children and women of harmful traditional or customary practice based, such as early and forced marriages and crumbles on female genital organs.
10. Create mechanisms for special protection of children, deprived of concerns from those who first must take care of them, and to assist them.
11. Take and implement relevant measures for the prevention, protection, rehabilitation and reintegration of children living in adverse social conditions and at risk, including orphans, street children, children of migrant workers, children working and / or living on the street, and Children living in conditions of extreme poverty, and in appropriate cases provide them with access to education, health care and social services.
12. Protect children from the practice of adoption and making them on education, which is illegal, exploitative or does not meet their best interests.
13. Take measures in case of abduction and export abroad with one of the parents.
14. Fight against the use of children, including adolescents, in the production and turnover of narcotic drugs and psychotropic substances, and prevent this.
15. To promote the implementation of comprehensive programs to combat children, including adolescents, in the production and turnover of narcotic drugs and psychotropic substances.
16. Make appropriate treatment and rehabilitation services available for children, including adolescents, which are dependent on narcotic drugs, psychotropic substances, inhalants and alcohol.
17. Protection and assistance to refugees and displaced countries, most of which are women and children, in accordance with international law, including international humanitarian law.
18. Based on the obligation to improve emergency planning and increase the level of readiness to ensure that children who affected by natural disasters receive timely and effective humanitarian assistance and that they will be all possible assistance and protection so that they can It is as soon as possible to return to normal life.
19. Encourage measures to protect children from promoting violence and harmful websites, computer programs and games that have a negative impact on the mental development of children, taking into account the duties of family, parents, legal guardians and people who have taken care of children.
Protection against armed conflicts
20. Strengthen the protection of children affected by armed conflict, and take effective measures to protect children living under foreign occupation.
21. To ensure that issues related to the rights and protection of children fully found their reflection on the agendas of peacekeeping processes and in the civil agreements concluded and were taken into account, in accordance with the peacekeeping operations and peace-building programs of the United Nations, and, when It is possible to ensure the participation of children in these processes.
22. Put an end to the recruitment and use of children during armed conflicts in violation of international law and ensure their demobilization and efficient disarmament and take effective measures for their rehabilitation, physical and psychological recovery and reintegration into society.
23. Put an end to impunity, to prosecute those who are responsible for the genocide, crime against humanity and war crimes and eliminate where possible, such crimes from the provisions and laws relating to amnesty, and ensure that when creating post-conflict mechanisms for establishing Truths and justice were investigated by cases of serious abuses against children and appropriate procedures were made in the interests of children.
24. Take concrete measures to combat all the forms of terrorism, which creates serious obstacles to the development and well-being of children.
25. To ensure proper training and training of the entire civil, military and police personnel involved in peacekeeping operations, on the rights of children and their protection and international humanitarian law.
26. Prevent illegal trade in small arms and light weapons, protect children from the danger of ground mines, unexploded ammunition and other military materials whose victims are becoming, and to assist affected children during and after armed conflicts.
27. To express the determination to strengthen international cooperation, including the separation of the burden and coordination in the provision of humanitarian assistance to countries hosting refugees, and assist all refugees and displaced persons, including children and their families, in order to voluntarily return to their native places in conditions. safety and dignity and ensuring unhindered reintegration into the life of their society.
28. Develop and implement policies and programs based on the necessary international cooperation in order to protect, care and ensure the well-being of children from among refugees and asylum children, and in order to provide basic social services, including access to education, in addition to health and nutrition.
29. To give priority to the tracking and reunification programs and continue to monitor the care mechanisms for non-protected and / or separated children from the number of refugees and forced migrants.
30. Regularly assess and control the impact of sanctions on children and make urgent and effective measures in accordance with international law standards for the weakening of the negative impact of economic sanctions on women and children.
31. Take all necessary measures to prevent the seizure of children as hostages.
32. Develop special strategies for protecting girls affected by armed conflict, and satisfying their special needs and accounting for vulnerability.
Fighting the use of child labor
33. Take urgent and effective measures to ensure the urgent procedure for the prohibition and elimination of the worst forms of child labor. Ensure the rehabilitation and social integration of children spared from the worst forms of child labor, through, in particular, providing them with access to free basic education and, when it is possible and appropriate, to professional training.
34. Take appropriate measures to assist each other in the elimination of the worst forms of child labor based on the intensification of international cooperation and / or assistance, including support for socio-economic development, poverty eradication programs and universal education.
35. Develop and implement strategies for protecting children from economic exploitation and from performing any work that can be dangerous, or interfere with their learning, or harm their health or physical, mental, spiritual, moral or public development.
36. In this context, protect children from all forms of economic exploitation through the development of national partnerships and international cooperation and improve the conditions for children through, in particular, providing working children to free basic education and training and their integration into the education system by all possible ways, and Also to encourage support for such socio-economic policies, which is aimed at eliminating poverty and to provide families, especially women, employment opportunities and receiving income.
37. Develop international cooperation to provide developing assistance to their request in the elimination of child labor and its indigenous reasons, in particular through the conduct of socio-economic policy aimed at eradicating poverty, emphasizing that labor standards should not be used for protectionist purposes in trade.
38. Strengthen the collection and analysis of child labor data.
39. Provide measures relating to child labor in national efforts to eradicate poverty and ensuring development, especially in strategies and programs in health, education, employment and social protection.
Elimination of trafficking in children and their sexual exploitation
40. Urgently adopt agreed measures at the national and international levels in order to put an end to the trafficking of children and their bodies, sexual exploitation and ill-treatment, including the use of children for pornography, prostitution and pedophilia, and fight existing markets.
41. Rapid awareness of the illegality and the harmful consequences of the sexual exploitation of children and abuses, including through the Internet, and trafficking in children.
42. To enlist the support of the private sector, including the spheres of tourism, and the media in the campaign against the sexual exploitation of children and trade.
43. To identify and eliminate the main causes and indigenous factors, including external, leading to the sexual exploitation of children and trade, and implement strategies for preventing the sexual exploitation of children and trade.
44. Provide protection, protection and safety of victims of trade and sexual exploitation and provide assistance and services in order to rehabilitate and social reintegration.
45. Take the necessary measures at all levels on which it is advisable to declare criminal punishable, in accordance with all applicable international documents on this issue, all forms of sexual exploitation and sexual abuse of children, including within the family or for commercial purposes. , children's prostitution, pedophilia, children's pornography, children's adhesive, illegal transport, trafficking in children and their bodies and the use of violent child labor or any other forms of operation, and to establish effective punishment for this, while ensuring that when making decisions against children Foods within the criminal justice system the main consideration was the highest interests of children.
46. \u200b\u200bTo monitor the transboundary trafficking in the regional and international levels and exchange relevant information; Strengthen the ability of border business workers and law enforcement officers to deal with trafficking in children and provide or improve their preparation in respect of respect for the dignity, human rights and fundamental freedoms of all those who have become victims of trade, especially women and children.
47. Take the necessary measures, including on the basis of strengthening cooperation between governments, intergovernmental organizations, the private sector and non-governmental organizations, to combat criminal use information technologies, including the Internet, for the purpose of trading in children, children's prostitution, children's pornography, child sex tourism, pedophilia and other types of violence and ill-treatment against children and adolescents.
4. Fighting HIV / AIDS
45. HIV / AIDS pandemic has a destructive impact on children and those who care about them. We are talking about 13 million children who have become orphans as a result of AIDS, about almost 600,000 babies, which are annually infected by transferring a virus from the mother, and about millions of young people infected with HIV living with HIV stigma, but not receiving adequate advisory care, care and Support.
46. \u200b\u200bTo combat the degree of HIV / AIDS on children, we are determined to take urgent and energetic measures agreed at the special session of the General Assembly on HIV / AIDS and pay special attention to the following agreed goals and obligations:
but) By 2003, establish due to certain periods of national tasks to achieve internationally agreed on the international level of prophylaxis to reduce the number of infected HIV among young men and women aged 15 to 24 years in the most affected countries by 25 percent, and On a global scale - by 25 percent by 2010 and intensify efforts to achieve these goals, as well as to solve the problem of gender stereotypes and approaches, as well as gender inequality from the point of view of HIV / AIDS, encouraging the active participation of men and boys;
b.) by 2005 to reduce the share of HIV-infected babies by 20 percent, and by 2010 - by 50 percent by ensuring that 80 percent of pregnant women who have access to medical services in the prenatal period received information, counseling and used other services on HIV prevention, expanding the number of services offered by him and provide access to HIV-infected women and children to effective treatment to reduce the number of cases of HIV infection to the child, as well as by making effective measures for HIV-infected women, including voluntary and confidential counseling and testing, access to treatment, especially antiretroviral therapy, and when it is necessary, the distribution of breast milk substitutes and the organization of continuous care;
from) by 2003 to develop and by 2005 to implement national events and strategies for creating and expanding the conditions so that governments, families and communities can provide a favorable environment for orphans and girls and boys infected and affected by HIV / AIDS, including through providing relevant advisory and psychosocial support, providing visiting schools, having housing, good nutrition and access to medical and social services on an equal basis with other children; And to protect orphans and vulnerable children from all forms of abuse, violence, operation, discrimination, trafficking in children and the loss of inheritance.
47. To achieve these goals, we will implement the following strategies and measures.
1. By 2003, to ensure the development and implementation of multisectoral national strategies and financial plans for combating type / AIDS, which would be directly directed against this epidemic; would oppose the phenomena of prejudice, defaults and alienation; The gender and age aspects of the influence of the epidemic would be taken into account; would eliminate discrimination and marginalization; We would provide for the establishment of partnerships with civil society and business circles and the comprehensive participation of persons infected with HIV / AIDS, vulnerable groups and persons subjected to the greatest threat, especially women and young people; would be financed as much as possible from national budgets, not excluding other sources, in particular international cooperation; To fully ensure the promotion and protection of all human rights and fundamental freedoms, including the right to the maximum achievable level of physical and mental health; Guest factor would be taken into account; would provide measures to reduce risk and vulnerability, measures to prevent the disease, care, treatment and support and weakening the impact of the epidemic; And they would strengthen in this area the potential of health, education and legal system.
2. By 2005, to ensure that at least 90 percent, and by 2010, at least 95 percent of young men and women aged 15 to 24 have had access to information, education, including mutual education methods among peers and oriented At the youth educational programs on HIV, and services required for the development of life skills necessary to reduce their vulnerability to HIV infection, as part of a full partnership with young people, parents, families, educators and medical personnel.
3. By 2005, develop comprehensive care strategies for the care of infected HIV / Patients with AIDS and achieve significant progress in their implementation in order to improve family and community care, including care provided by the informal sector, and strengthen medical care systems for the treatment and observation of infected people HIV / Patients with AIDS, including infected children, as well as provide support to individuals, households, families and communities affected by HIV / AIDS; Strengthen the base and improve working conditions medical personnel and improve the efficiency of supply systems, financial plans and mechanisms for directions to specialist physicians, which is necessary to ensure available drugs, including antiretroviral drugs, diagnostic tools and related technologies, as well as high-quality medical, palliative and psychosocial care.
4. By 2005, take measures to expand the capabilities of women and girls to protect themselves from the risk of HIV infection, mainly through ensuring medical care and service, including the protection of sexual and reproductive health, and through preventive explanatory work, aimed at promoting the equality of men and women. Taking into account cultural and gender factors.
5. By 2003, to develop and / or strengthen strategies, policies and programs, within the framework of which the value of the family is recognized in reducing the vulnerability, in particular in the education and life orientation of children, and the cultural, religious and ethical factors are taken into account and which are pursuing the goal of reducing children's vulnerability. and youth through: providing access to both girls and boys to primary and secondary education, including HIV / AIDS programs for adolescents; ensuring a safe environment, especially for young girls; Extensions of young-quality information services oriented, education for sexual health and counseling issues; strengthening the protection of reproductive and sexual health; Attracting families and young people to planning, implementing and evaluating programs for the prevention of HIV / AIDS and care for patients as much as possible.
6. By 2003, to develop and begin the implementation of national strategies involving the inclusion of elements of disseminating information on HIV / AIDS, prevention, care and treatment in a program or response measures, recognizing that the population destabilized by armed conflict, a humanitarian emergency or spontaneous conflict disaster, including refugees, internal immigrants, and especially women and children, are subject to increased risk of HIV infection; And, if possible, include HIV / AIDS components in international assistance programs.
7. Ensure the lack of discrimination and complete and equal implementation of all human rights on the basis of an active and noticeable policy of combating prejudice against children who have become orphans and in the vulnerable position due to HIV / AIDS.
8. To urge the international community to reinforce and support the efforts of developing countries that allocate more and more national funds to combat HIV / AIDS epidemic through the expansion of international development assistance, in particular countries that are most rapidly affected HIV / AIDS, especially countries Africa, located south of the Sahara, the countries of the Caribbean, which threatens increased danger The spread of the HIV / AIDS epidemic, and other affected regions whose resources available to combat this epidemic are extremely limited.
C. Mobilization of resources
48. Promotion of a healthy lifestyle, including good nutrition and fighting infectious diseases, providing quality education, protection of children from ill-treatment, operation, violence and armed conflict and HIV / AIDS fighting - all these goals are achievable and quite accessible to the international community.
49. The main responsibility for the implementation of the present action plan and the creation of a favorable environment to ensure the well-being of children in which they are encouraged and respected by the rights of each child, lies on each individual country, and it is recognized that for this purpose new and additional as national, so and international resources.
50. Investing in children is highly productive if they have a medium-term and long-term nature. Investing in children and respect for their rights laid the foundations for a fair society, a strong economy and a world free from poverty.
51. The implementation of this Action Plan will require the allocation of significant additional human, financial and material resources at the national and international levels in favorable international conditions and in the context of enhancing international cooperation, including the North-South and South cooperation, to promote economic and social development.
52. Therefore, we are determined to continue, among other things, seek the following global goals and take the following measures to mobilize resources in the interests of children:
a.) to express appreciation to those developed countries that agreed to achieve and reached the purpose of allocation of 0.7 percent of their gross national product for general official development assistance, and urge the developed countries that have not yet made this, strive to achieve as soon as possible to achieve coordinated The international level, but not yet achieved the purpose of the allocation of 0.7 percent of their gross national product for general official assistance in development. We undertake not to regret the efforts to reverse the trends towards a reduction in official development assistance and to achieve the achievement of 0.15-0.20 percent of the gross national product as possible as official development assistance for the least developed countries in accordance with the arrangement and taking into account the seriousness and urgency of the special needs of children;
b.) Immediately implement an extended initiative for poor countries with large debt (BSKS), as soon as possible to agree on the write-off of all bilateral official debts of BSKS in exchange for the commitment of poverty eradication demonstrated by them and urge the use of saved funds intended for debt service to finance programs eliminate poverty, especially children related programs;
c.) To urge the speedy agreed effects to effectively solve the problems of debt of the least developed countries and developing countries with low and medium income on a comprehensive, fair, taking into account the interests of development and a long-term basis through adoption at the national and international levels of various measures, thanks to which debtor countries could Pay debt in the long term, including, in appropriate cases, with the help of existing ordered debt reduction mechanisms, such as debt debuts, in exchange for projects aimed at meeting the needs of children;
d.) to expand and improve the access of goods and services of developing countries to international markets, in particular, through the agreed reduction of tariff barriers and the elimination of non-tariff barriers, which are unreasonably difficult to trade in developing countries, in accordance with the multilateral trading system;
e.) Based on the fact that the growth and development of the least developed countries it is necessary to expand trade, strive to improve the preferential access of these countries to markets by taking measures to achieve the goal of not taxable and non-taxable market access of all goods of the least developed countries to the markets of developed countries;
f.) Mobilize new and substantial additional resources for social development both at the national and international levels in order to reduce inequality both in the countries and between them and ensure the effective and rational use of existing resources. In addition, to maximally ensure that the funds allocated for social needs in the interests of children enjoyed protection and priority during both short-term and long-term economic and financial crises;
g.) to learn new ways to find public and private financial resources, in particular, by reducing excessive military expenditures and trade in weapons and investments in the production and purchase of weapons, including global military expenses, taking into account the needs of national security;
h.) Encourage donor countries and recipient countries to implement the implementation of 20/20 initiative on the basis of mutual agreements and obligations and in accordance with Oslo Accepted and Hanoi Consensus Documents in order to ensure universal access to major social services.
53. We will pay priority to meeting the needs of the world's most vulnerable children in developing countries, especially in the least developed countries and sub-Saharan Africa.
54. We will also pay special attention to the needs of children in small island developing countries, in developing countries that do not have access to the sea or being transit countries, other developing countries and countries with economies of the transition period.
55. We will facilitate the development of technical cooperation between countries in order to exchange positive experience and strategies in implementing this action plan.
56. In order to implement our goals and aspirations against children, it is necessary to establish new partnerships with civil society, including non-governmental organizations and the private sector, as well as create innovative mechanisms to mobilize additional, both private and government, resources.
57. Given the fact that corporations must comply with national legislation, it is necessary to encourage corporate social responsibility so that it contributes to the achievement of social development goals and the well-being of children, in particular, by:
1. Assistance to greater awareness of corporations on the relationship between social development and economic growth;
2. Creation of the legal, economic and social political framework, which would be fair and stable, to support and stimulate the initiatives of the private sector aimed at achieving these goals;
3. Strengthening partnerships with business circles, trade unions and civil society at the national level in support of the objectives of the Action Plan.
We urge the private sector to assess the impact of its policy and practice for children, and ensure that all children, especially the most needy, enjoy the results of research and development in the fields of science, medical technology, health care, nutritional nutrition, environmental protection, education and mass communication.
58. We are determined to ensure greater policy consistency and closer cooperation between the United Nations, its institutions and Bretton Woods, as well as multilateral bodies and civil society to achieve the objectives of this action plan.
D. Follow-up and evaluation
59. To facilitate the implementation of the actions provided for in this document, we will develop or effort into an urgent basis, whenever possible by the end of 2003, national and, in appropriate cases, regional action plans, taking into account the best interests of children in accordance with national laws, religious beliefs. , moral values \u200b\u200band cultural history of their peoples and according to all human rights and basic freedoms.
Thus, we will strengthen our national planning and ensure the necessary coordination, implementation and resources. We will include the purpose of this Plan of Action to our National State Policy, as well as to national and subnational development programs, poverty elimination strategies, multisectoral approaches and other relevant development plans in cooperation with relevant representatives of civil society, including non-governmental organizations working for benefit Children and with them, as well as children, taking into account their age and maturity and their families.
60. At the national and, as appropriate, at the regional levels, we will regularly monitor the implementation of the goals and objectives established in the current action plan, at the national, regional and global levels and evaluate progress in their implementation. To do this, we will strengthen our national statistical data collection potential, analyzing and breakdown, including on the basis of gender, age and other relevant factors that can lead to differences, and will support the wide range of research on children. We activate international cooperation in support of efforts to build statistical potential and create public potential for control, assessment and planning.
61. We will conduct periodic progress reviews at the national and subnational levels to more effectively eliminate obstacles and acceleration. At the regional level, such reviews will be used to exchange best practices, strengthen partnerships and accelerate progress. In this regard:
a.) We call on states - Participants in the Convention on the Rights of the Child Consider the issue of incorporating the Committee on the Rights of the Child of Information on the measures taken and the results achieved in implementing this Plan of Action;
b.) To the United Nations Children's Fund as a leading institution, defending the interests of children, is requested to continue to prepare and distribute in close cooperation with governments, relevant funds, programs and specialized agencies of the United Nations system, as well as all other relevant actors when This is advisable, information on the implementation of this Declaration and Action Plan. The governing bodies of the relevant specialized institutions are requested to provide as part of their mandates to provide the highest possible support from these institutions to achieve the goals set forth in this Plan of Action and fully inform the United Nations General Assembly through the Economic and Social Council on the Progress made at the moment, and on additional measures required during the coming decade, using the existing framework and reporting procedures;
c.) We ask the Secretary-General regularly report to the General Assembly on the progress of the real action plan.
62. We hereby undertake not to regret the efforts to continue the creation of a world suitable for the life of children, based on the achievements of last decade and guided by the principles of priority care for children. Together with a wide range of partners, we will lead the global movement in the interests of children, which creates an insurmountable stimulus to achieve changes for the better. We accept this solemn obligation, being convinced that, giving paramount importance to the rights of children, their survival and their protection and development, we act in the highest interests of all mankind and ensure the well-being of all children in all societies.
13 Accepted at meetings on the 20/20 initiative and held in Oslo on April 23-25, 1996 (, Appendix) and Hanoch 27-29, 1998 (, app)