It should be noted that the legal status of a minor reflects the peculiarities of its age. To this end, the legislator uses various legal regulation methods:
- - restriction of the rights of minors, in order to eliminate the impact of factors that influence negatively on their health, mental, social and moral development;
- - liberation from a number of civil duties and responsibility for their offense;
- - providing them with additional special rights caused by their age;
- - Introduction of benefits and benefits in use;
- - introduction of special mechanisms for protecting their rights.
The legislator also provides for the main age groups of minors: from birth to 6 years; from 6 to 10 years; from 10 to 14 years; from 14 to 16 years; from 16 to 18 years.
For more efficient protection of the child, a specific law enforcement body has been created in the Russian Federation - the Commissioner for the Rights of the Child in the Russian Federation.
In accordance with the Decree of the President of the Russian Federation of September 1, 2009 No. 986 "On the Commissioner under the President of the Russian Federation on the Rights of the Child", the Commissioner for the Rights of the Child is appointed and exempt from office by the President of the Russian Federation. Ensuring its activities is entrusted to the Office of the Public Chamber of the Russian Federation (paragraph 3 of the Decree).
Commissioner for the Rights of the Child In order to fulfill the duties assigned to him right.
- - to request and obtain the necessary information, documents and materials from federal government bodies, state authorities of the constituent entities of the Russian Federation, local governments, organizations and officials;
- - unhindered to visit the federal state bodies, state authorities of the subjects of the Russian Federation, local governments, organization;
- - to conduct independently or together with authorized state bodies and officials, checking the activities of federal executive bodies, the state authorities of the subjects of the Russian Federation, as well as officials, to receive appropriate clarifications from them;
- - send to federal executive authorities, state authorities of the subjects of the Russian Federation, local governments and officials, in decisions or actions (inaction) of which he sees a violation of the rights and interests of the child, its conclusion containing recommendations for the possible and necessary recovery measures of the specified temper and interests;
- - to attract in the prescribed manner for the implementation of expert and scientific and analytical works concerning the protection of the rights of the child, scientific and other organizations, as well as scientists and specialists, including on a contractual basis (clause 4 of the above-mentioned decree of the President of the Russian Federation).
The state authorities of the subjects of the Russian Federation it is recommended to establish the position of the Commissioner for the Rights of the Child in the Subjects of the Russian Federation (paragraph 5 of the same Decree). This recommendation found a proper understanding, which gave certain results. At the same time, along with positive moments in the protection of the rights of the child in 2011, as noted at the IV Congress of the Commissioners for the Rights of the Child in the Russian Federation, in which human rights defenders from 76 regions took part, the number of children in boarding schools decreased by 26%, out of 100 thousand. Orphans only 14 thousand are transferred to orphanages, the others are arranged in families. There are also painful problems of childhood: 48.1 thousand minors were victims of crimes, of which 723 were killed, and more than one thousand children were harmful to health. Russian ombudsmen for 1.5 years reviewed more than 7 thousand appeals relating to children's rights violations
The Commissioner for the Rights of the Child (UPRR) is an official, which is primarily guided by the interests of children and, if necessary, takes measures to protect the rights of the child. This position exists in more than sixty countries of the world.
Who is such an authorized person and child, what responsibilities are assigned to it and how to apply to ordinary citizens? Where to apply to citizens if the rights of a minor were violated, how to write an appeal and where to find the address of the committee?
What rights does every child possess?
From birth, children become citizens of the Russian Federation and have certain rights. Due to age, small citizens cannot protect and ensure themselves alone, liability lies on their parents and legal representatives. Legislative acts aimed at protecting a minor: the Constitution of Russia, federal laws "On the protection of children from information that causes their health and development", "On guardianship and trusteeship", "on education", "On the basic guarantees of the child's rights in the Russian Federation" , Family Code Articles, International Convention on the Rights of the Child "(recommend reading :).
Persons who have not achieved adulthood are considered to children. In addition to the basic rights of citizens of the Russian Federation, legislation provides for a number of special "children's" rights. The rights that the child owns from the moment of birth is presented in the table.
Who protects the rights of juvenile in the Russian Federation?
Protection of children's interests is primarily entrusted to parents. If the mother with the father has no kid or they do not fulfill their parental responsibilities, his interests are defended:
In addition to the Committee and other indicated structures, a special role is assigned to the Commissioner. At the same time, UPPR is determined not only on the federal, but also at the regional level. A job officer chooses and prescribes the president. Alexey Golovan became the first, in 2009 Paul Astakhov was appointed. In September 2016, Astakhov replaced Anna Kuznetsov.
Chief Ombudsman of the country
At the national level, the interests of the child represents the Commissioner under the President of Russia. UPPR is an independent official with great opportunities. For the first time, the Institute of Defender was officially created in 1977 in Sweden, and in 1989, after the adoption of the UN Convention, the Commissioners for Human Rights and the Child appeared in most democratic countries (we recommend reading :).
In Russia, news about posts appeared relatively recently. Almost 7 years old, she was held by the famous lawyer Paul Astakhov, who was released from office after a conversation with V. V. Putin and filing a resignation. Instead of Astakhov, Anna Kuznetsova is engaged in human rights activities in respect of minors at the state level.
The activities of the children's defender is provided by the Public Chamber of the Russian Federation, it does not obey the Cabinet of Ministers and other state structures. It follows to contact him if the rights of the child are violated, and the Committee (Commission) for Minors and other structures showed negligence, could not protect his interests.
Public and state organizations
In violation of the rights of the child, the occurrence of the threat to his health or life, both officials and ordinary citizens are obliged to inform the body of the guardianship, which will take appropriate measures to protect the rights of the child. The activities of the guardianship and guardianship authority is as follows:
- exercising guardianship of the child, which needs this;
- verification of the legality of property transactions affecting the interests of juvenile;
- selection and preparation of applicants who want to adopt the baby or become a guardian.
The girl or boy has the right and independently contact the body of the guardianship, and at the achievement of fourteen years of age and to the court instance.
The protection of the rights of minor citizens is not dealing not only by the body of guardianship and guardianship, this is the concern of society as a whole. The rights of the child are protected by the following organizations:
- judicial authorities and the prosecutor's office, who protect small citizens in accordance with legal acts;
- commissions and juvenile inspections;
- centers of social rehabilitation of adolescents;
- public organizations.
Features of the destination of the Commissioner for the Rights of the Child in Russia
For the first time, the Ombudsman in Russia was appointed in 2009. Both the appointment and removal of the person from the position occupied by the President (as president was appointed and released by P. Astakhov).
Also, the ombudsmen are elected heads of regions in the field. At the same time, each of the subjects of the Federation is entitled to adopt the law on the activities of the regional representative of children's interests. However, not in every field of children's human rights activist was elected. Officials in the regions do not depend on the main authorized human and child rights, but are actually its subordinates.
The order of election and legal status of representatives at the regional level is different. Often this position refers to the executive authority. In areas where the ombudsmen appeared recently, the applicant for a position is approved after agreeing with the legislature. In this case, the defenders possess parliamentary status. Thanks to this, officials have greater independence, which has a positive effect on the results of their activities.
Objectives and objectives, rights and powers of children's human rights defenders
The priority task of the Ombudsman is to protect the rights and interests of minors in accordance with the legislative norms, especially orphans and children who remained without parental care or in a difficult position (more in the article :). At the same time, UPPRs are not entitled to make a decision regarding the child's issue. In accordance with the legislation, the main responsibilities and objectives are:
Ombudsman has broad powers. They are listed in the Presidential Decree "On the Commissioner under the President of the Russian Federation on the Rights of the Child."
How to apply to the authorized president of the Rights of the Child?
The right to appeal to citizens to UPPR confirmed Article 33 of the Constitution of Russia. You can inform the Ombudsman about violation of the rights against a minor in several ways.
Each child is endowed with a number of rights, starting from birth. His parents must ensure their observance. But it is not only the responsibility of adults. At the official level, the instance is defined, the responsibility of which enters the rights of each kid. Such are the Committee for the Protection of the Rights of the Child, as well as the Department of Minor Affairs and the Protection of their rights. Each of these organizations within its competence may and should fulfill the necessary actions in the interests of juvenile.
Persons who own information on violations can send information to the Committee or Division. To contact these instances, the interested person will need to collect confirmation documents and make an application in writing.
As an initiator, both legal and individuals can act as a legal and individual.
Protection of children is guaranteed by the norms of the law. Each baby is imprisoned from unlawful actions from unauthorized persons, their blood parents, people replacing them, as well as other relatives and family members. Protection is a set of activities aimed at restoring violated rights and legitimate interests. It can be realized through various authorized instances, management, etc., including through the court.
Children's Rights Committee
The Committee for Children's Rights is the main body, whose competence includes the protection of the interests of each citizen under the age of 18. This instance was formed at the federal level and operates throughout the country. It includes specialists who have the necessary knowledge and experience of professional activities in the field of pedagogy, psychology, medicine and jurisprudence. If necessary, a commission is gathering, which is engaged in solving all issues. Direct control of respect for rights is engaged in authorized. At the same time, both the last and the Committee are generally endowed with a number of powers in order to fully fulfill the tasks.
Authorized
The Commissioner for the Rights of the Child is appointed from among the most trained professionals of the Committee. It exists both at the level of the Federation as a whole and every region separately. In essence, the Ombudsman is the most important officer in the field of the protection of kids.
Note!
Even with an emergency position in the region or country, the rights and obligations of the Commissioner will not be suspended.
Competence
The competence of the Committee includes the following:
- Assistance to the baby, who was in a difficult life situation. These include severe illness of a child or his parents, a low level of income in the family, the loss of legal representatives.
- Attracting the responsibility of persons guilty of violation of the offspring. It may be not only outsiders, but also blood parents.
- Identification and registration for special accounting of children who lost their permanent supervision of adults.
- Ensuring proper conditions to kids orphans.
- Registration and consideration of appeals to violate the possibilities of children.
The Commissioner for the Rights of Children is also endowed by a number of powers:
- Control of respect for domestic and international regulatory legal acts related to minors.
- Registration of recommendatory documents for local administrations about violations of the possibility of kids.
- Studying and generalization of the existing legal practice.
- Attracting the necessary qualified specialists on the terms of contracts for the performance of works or services.
Additional Information
Commissioner can be endowed with other special rights in the interests of the child.
Juvenile Department
Another instance that is related to the rights of kids is a juvenile affairs department. Such organizations are created at the regional level. They obey the local administration. The department is endowed with a number of rights and obligations. In essence, it is the same as the Committee, performs the functions of supervision and monitoring the rights of children. The department enters the structure of the ATS.
Rights
Departments and their employees are entitled:
- Invite to the conversation minors and their parents for more detailed information about violations.
- Conduct a preventive conversation.
- Collect materials to solve the issue of applying impact measures to the guilty persons.
- Request any information regarding the child. At the same time, it should be used purely for official purposes.
Department employees are also entitled to delay the intruder for three hours and carry out its inspection.
Responsibilities
The duties of the department include:
- Preventive work with children and parents.
- The identification of persons who can have a negative impact on the child and create an obstacle to normal physical and psychological development for him.
- Providing information to parents, educational institutions and guardianship authorities about all the facts of violation of the rights of the child.
- Interaction with other official bodies and structures.
- Participation in toddler withdrawal. For this it is necessary to decide the court that entered into force.
Note!
The department can act as the initiator on cases of violation of the rights of the child. That is, the primary material on all similar facts is coming.
Order procedure
According to the general rules, anyone interested is entitled to write a complaint to the Committee on the Protection of the Rights of the Child. This is done through the Commissioner. Initiate the procedure has the right to pedagogical and medical workers, neighbors, familiar families, officials. To begin with, it will be necessary to make an appeal. It is compiled in writing on the usual sheet of office paper.
The following must be specified in the text:
- The name and address of the instance in which the initiator is drawn.
- Data on when and where the rights of the child were violated, which it was expressed.
- List of attached documents.
- The date of application and the signature of the applied.
After that, it will be necessary to collect paper that will be confirmed by the validity of the appeal.
These include:
- A passport or other document, on the basis of which an interested party operates.
- Characteristic on parents from the place of residence, work or educational institution, in which the baby is located.
- Certificates from police and medical authorities.
The specified list of exhaustive is not. Other data can be attached to the appeal. In the absence of the initiator the necessary information, the authorized official instance requests them itself. Next, the collected data must be converted by appointment. To do this, you can use several ways.
Most often, people do it their own. This option allows for the design of appeal to the place, as well as the ability to obtain clarification on issues of interest and make sure that the application is made to consideration.
The postal shipment assumes an independent complaint design, and also excludes consultation. In this case, it will be right to use special correspondence. The initiator will receive a written notification of the delivery of the letter to the addressee.
Internet sending is extremely rare. In this case, the initiator needs to have access to email and digitize all data. This method is used extremely rarely.
The UN Convention on the Rights of the Child is the main international regulatory document dedicated to minors. He prescribes states to protect the interests of children, determines their rights and recommends that countries create special mechanisms to ensure the preservation of juvenile interests.
In most countries that ratifying the Convention, such a function is performed by the Institute of Commissioner for the Rights of the Child.
Legal basis for children's ombudsman in the Russian Federation
The position of the Commissioner for the Rights of the Child began to appear in the constituent entities of the Russian Federation from 1998 after ratification. The Presidential Decree of 2009 decided to establish the position of the Commissioner for the Rights of the Child under the President of the Russian Federation and recommended to create the relevant Institute in the regions.
The appointment to the post and withdrawal is governed by the Constitution of the Russian Federation, Federal Law No. 124 "On Basic Guarantees of the Rights of the Child in the Russian Federation", laws and regulations established in the regions in order to comply with the requirements of the Convention.
Commissioner under the President of the Russian Federation for the Rights of the Child
The federal employee leads its work in Moscow. He is appointed to the post and is removed from him by the order of the President of the Russian Federation. Responsibility for maintaining the vital activity of the Commissioner is entrusted to the Public Chamber.
By 2011, the "vertical" of the Commissioner was lined up in the structure of the Commissioner with the federal representative headed.
Powers of the Federal Commissioner
Presidential Decree No. 1518 "On Commissioner under the President of the Russian Federation for the Rights of the Child" gives the following opportunities to the federal representative:
- make a request for the provision of necessary information to federal executive, regional and municipal authorities, organizations and officials of the Russian Federation;
- free to visit the authorities, organization,;
- alone or together with other state apparatus and officials, to verify the legality of the actions (inaction) of the federal executive, regional and municipal authorities, as well as officials, to receive explanations from them;
- notify competent persons about their discretion in their decisions or actions (inaction), acts of infringement of the child and address themselves proposals for correcting these types of offenses and the restoration of fair order;
- in accordance with a certain order to attract scientific and other organizations, science and specialists for expertise in the field of disruption of the child.
Commissioners for the Rights of the Child in the Subjects of the Russian Federation
Children's ombudsman in the regions of Russia is approved to the post and operates on one of the four models:
- Elected by the legislative apparatus of power or with its approval, receives parliamentary status and operates on the basis of regional laws.
- Appointed heads of administration and integrates to the executive system.
- The tasks of the children's ombudsman are assigned to the deputy of the Legislative Assembly or regional authorized human rights.
- The activities of the Commissioner is organized at a charitable basis..
Tasks of regional ombudsmen
Based on the analysis of the activities of regional ombudsmen, several main tasks allocate for their activities:
- Creating conditions that guarantee the value of legitimate interests and freedoms of citizens.
- Maintaining already applicable and the creation of new mechanisms to defend the child In controversial situations with the organs of the national and municipal authorities, the responsibilities of which enters the interest of the child's interests.
- Taking measures to restore the infringement of the child's interests.
- Monitoring the current situation with the observance of the child and initiation of improving regulatory acts.
- Stimulating interstate cooperation in the field of child freedoms.
Powers of regional ombudsmen
The competencies of regional ombudsmen are not enshrined in the Federal Law. Their powers are determined by either the executive bodies of state power, or regional laws, depending on the organizational and legal status.
Ombudsman activity
In addition to children's ombudsmen, other institutions, but more narrowly specialized are:
- juvenile - protects the interests of children from disadvantaged families;
- guardianship and guardianship - Watching well-being in adoptive families or specialized institutions.
The Commissioner interacts with all institutions that fulfill the responsibilities of the child's right, but does not replace their work. The main directions of its activities are the following:
- controlling the legality of the actions of the authorities, children's institutions, citizens in relation to children;
- assistance to the child, in their rights;
- elimination of threatening factors in the legitimate interests of the child;
- informing citizens, including minors, about the presence of childrenenshrined in the convention and the possibilities of their protection.
Unlike the prosecutor's office, the Ombudsman competes to protect the interests of a narrow group of the population - minors. At the same time, he oversees the preservation of a wider list of their interests prescribed in the Convention.
The peculiarity of the Institute of Commissioner for the Rights of the Child is that all citizens can resort to its assistance without age limitations. This gives the child a chance to inform himself about infringement of his rights, which is excluded when contacting the Commissioner for Human Rights.
Children's ombudsman personally accepts citizens, and also visits places from where they received and conducts other types of checks to find or disprove the described in the statement. But the complaint will not always be considered, but only if it has not been adopted by other competent authorities.
The Commissioner participates in the court sessions on the decision of the controversial issues regarding the interests of minors, but as a third party, not endowed with the opportunity to put out its own requirements.
This situation limits the possibility of children's interests.
An important work of work is an exchange of skills between colleagues, in order to determine which in 2005 the Association of Children's Ombudsmen was created in the subjects of the Russian Federation. Cooperation between countries occurs within the framework of the UN Committee, the Hague Court, the ECHR.
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Department Committee for the Protection of Children's Rights
Anyone is endowed with the birth of inalienable rights, the protection of which is provided by the state. The child is an independent person who has the right to family and relationships with relatives. Unfortunately, it becomes much more difficult to ensure that the child's parents divorce, who wish to limit him from communicating with the second spouse. The function of protecting the rights of children is that they are provided with comfortable conditions for interacting with all people close to him.
Center for the protection of the rights and interests of children
In addition to the right to the family, each child has the right to:
- first name, surname and patronymic;
- possession of legitimate property that belongs to him;
- obtaining medical care and education;
- expression of one's own opinion;
- free choice of a parent with whom he wants to live after the dissolution of marriage.
If at least in one of the rights, the child was infringed, then this is a reason for the restoration of such a right in court. Due to the presence of many controversial moments, it is better to resort to the help of a professional lawyer.
Judicial protection of the rights and interests of juvenile children
You can contact us by contact numbers or by filling out an online application.