CC BY
22. Radkevich V.V.. Models of establishing the institution of the Commissioner for Children's Rights (Ombudsman) in foreign countries: comparative - legal aspect // Bulletin of Magistracy. 2018. №4-2 (79). URL: https://cvberlenmka.m/article/nAnodeh-uchrezhdem^
v-zarabezhnyh-stranah-sravnitelno- pravovoy-spekt (date of address: 22.11.2023).
3. UN Convention on the Rights of the Child (Adopted by Resolution 44/25 of the General Assembly on November 20, 1989) // UN: Official ' Portal: [Electronic resource], URL: https://www.iin.org/rii/documents/decl_conv/conventions/childcon.shtml
4. Universal Declaration of Human Rights (Adopted by UN General Assembly Resolution 217 A (III) of December 10, 1948) // UN: official portal: [Electronic resource], URL: https://www.un.org/ru/documents/decl_conv/declarations/decllir.shtml. Legal System of Canada // Canadian Law: Official Portal: [Electronic resource]. URL: https://canadaru.ca/archives/471
Для цитирования: Дубчак A.A. К ВОПРОСУ О ПРАВОВОМ МЕХАНИЗМЕ ЗАЩИТЫ ПРАВ РЕБЕНКА В ШВЕЦИИ = CONCERNING THE QUESTION OF THE LEGAL MECHANISM FOR THE PROTECTTON OF THE RIGHTS OF THE CHILD IN SWEDEN / Науч. рук. ИГ. Коршунова, ст. преподаватель кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.78-80.
Дубчак' А. А.,
студентка 3 курса ФИО Крымского филиала ФГБОУВО «РГ№1»
Научный руководитель: Коршунова И.Г., старший преподаватель кафедры иностранных языков Крымского филиала ФГБОУВО «РГЬП»
К ВОПРОСУ О ПРАВОВОМ МЕХАНИЗМЕ ЗАЩИТЫ ПРАВ РЕБЕНКА В ШВЕЦИИ
Аннотация: В статье рассматриваются аспекты правового механизма защиты прав ребенка в Швеции. Раскрывается история вовлечения государства в проблемы бедствующих детей, детей-сирот, участие в деятельности Организации Объединенных Наций. Также освещена работа социальных служб и органов опеки по защите интересов детей. Статья анализирует эффективность методов страны в этом вопросе.
Ключевые слова: защита прав детей, Швеция, Конвенция о правах ребенка, бездомность, нищета, несовершеннолетние, семья, родители, Организация Объединенных Наций.
CONCERNING THE QUESTION OF THE LEGAL MECHANISM FOR THE PROTECTION OF THE
RIGHTS OF THE CHILD IN SWEDEN
Abstract: The article discusses aspects of the legal mechanism for the protection of children's rights in Sweden. The article reveals the history of the state involvement in the problems of distressed children, orphans, the United Nations participation in the afore-said activities. The work of social services and guardianship authorities to protect the interests of children is also highlighted. The article analyzes the effectiveness of the country's methods in this matter.
Keywords: protection of children's rights, Sweden, Convention on the Rights of the Child, homelessness, poverty, minors, family, parents, United Nations.
Nowadays, children continue to be one of the most vulnerable categories of the population who need special legal protection and support from the state. In general, the protection of children's rights is a key component for creating a just and developed society. It is not difficult to violate the rights of minors, even on the part of their legal representatives, w hich is a significant problem that requires immediate solution.
Children are the future adult citizens of the country, their will and actions can shape its fate. Full life provision for the younger generation is an obligatory duty of every state. A number of international legal instruments recognize the need for special legal protection of children due to their physical and mental immaturity. In addition the degree of realization of the rights and freedoms of the child is the key indicator of democracy, humanity and civilization of any society.
Currently, the United Nations (UN) and the structures that are part of it - the Committee on the Rights of the Child (CRC). the Children's Fund (UNICEF) - are the center for the development and adoption of international law in the field of child protection. The fundamental document is the Convention on the Rights of the Child, adopted by the LIN General Assembly on November 20, 1989 and enforced on September 2, 1990. The Convention is a comprehensive and clear expression of the interests of the entire world community in relation to children. Its 54 articles combine the main objectives of the document - to ensure the best benefit of the younger generation. The Convention has received wide international recognition - it has been ratified by almost all States (195 countries) [3].
Sweden is a traditional example of a general well-being state and has a well-functioning and highly developed family support system. For the first time, the state began to pay attention to the problems of distressed children at the beginning of the XVII century. In 1619, a decree was issued according the decree the Swedish
government had to create orphanages for homeless children in every city. So in 1624, a Universal or Large orphanage was founded in Stockholm. Then, in the 1650s, schools for children from poor families began to open. At the beginning of the twentieth century, the Swedish government adopted the first law on the protection of children. It established an increase of criminal responsibility age from 14 to 15 years. The sentence for juvenile offenders (15-18 years) was replaced by compulsory education in a specialized institution. Sweden is also one of the first countries to ratify the Convention on the Rights of the Child of 1989. Since January 1, 2020, it has also enforced the Convention into its legislation [2].
In this way, consideration and protection of the rights of the child lias also long become a part of Swedish foreign policy and assistance programs. In Sweden, there are special organizations that monitor the protection and observance of children's rights, for example, the organization «Salvation of the Children». Its headquarters are located in Stockholm. This organization fights for children's rights not only in Sweden. It operates in 119 countries around the world. The main activities of the organization are programs of affordable medicine, education, protection of personal safety and sexual integrity, as well as assistance to children affected in extreme situations, in disasters.
However, one of the rights of the child, which is rarely recognized, is the right to housing. «Salvation of the Children» has been working for many years to draw attention to the causes and consequences of child poverty in Sweden. The groups of children who are mostly at risk of growing up in poverty and becoming homeless are the children of single mothers and parents born abroad. Higher demands on tenants, increased competition in the housing market and its shortage - all this contributed to an increase in the number of families with children who have nowhere to live. One of the fundamental principles of the Convention on the Rights of the Child is enshrined in article 3 and is read as follows: «In all actions concerning children, regardless of whether they are undertaken by public or private institutions dealing with social security issues, courts, administrative or legislative bodies, the best interests of the child are given priority» [1]. Children have the right to a standard of living that should correspond to their «physical, mental, moral and social development» [1]. Children need permanent housing, providing opportunities for safe and supportive upbringing. The State and the municipal council are responsible the child's rights provision, regardless of the financial situation of their parents.
In the speech at the session of the United Nations on October 3, 2019, the Queen of Sweden spoke about children's rights, emphasizing the importance of monitoring the implementation of children's rights in the technological sphere. Her Majesty Sylvia Sommerlath speaks about the rise of child sexual abuse, exploitation and pornography on the Internet and the inability of many governments to stop that [5]. Anonymous helplines and related services are an important mechanism for protecting the child's right to information and a safe space. In Sweden, this function is undertaken by BRIS («Children's Rights in Society») at a high level.
Besides, one of the priorities of Sweden's membership in the UN Security Council was children and armed conflict. Sweden chaired the working group and included the opinions of children on this issue in the UN open discussion. It concerned children and armed conflict in 2018. Sweden supported the revision of the Minimum Standards for the Protection of Children in Humanitarian Activities, which is a crucial step towards improving the quality of child protection programs and strengthening coordination between subjects involved in child protection issues. Sweden is also working to ensure that the CRC applies equally to refugee children [4].
Sweden joined the UN in 1946. Together with other member countries, it adopted the UN Universal Declaration of Human Rights on December 10, 1948. The UN is the central arena for Sweden's actions to solve global problems. Thanks to the UN, Sweden contributes to conflict prevention, reconstruction of conflict-affected States, disarmament and non-proliferation and promotes the protection of children's rights. The country lias played a great role in the development of the UN and has held a non-permanent seat on the Security Council four times, most recently between 2017 and 2018.
Thus, in the view of the above said, the child protection system in Sweden is one of the best in the world. Sweden supports the actions of the UN, and also adheres to the Convention on the Rights of the Child. Sweden implements a comprehensive mechanism for the protection of the rights of minors. In its framework Sweden highlights the development of social institutions and forms of non-legal protection, such as: self-protection of rights by minors, socio-psychological organizations, as well as state supervision and control.
Reference bibliographic list:
1. Convention on the Rights of the Child (1989) [Электронный ресурс]. URL: https://www.iinicef.org/child-riglrts-convention/convention-text (дата обращения: 11.11.2023)
2. Lebedeva E.A. Mechanisms for protecting the rights of the child (using the example of Sweden) // Skif. 2020. no. 2 (42).-P. 99-102.
3. Lebedeva E. A. The emergence and development of the international system for protecting the rights of the child // Skif. 2020. No. 1 (41). - pp. 48-52.
4. Spotlight event on Child Protection [Электронный ресурс]. URL: https://www.swedenabroad.se/en/embassies/un-geneva/ciirrent/statements/spotlight-event-on-cliild-protection-swedish-statement/# (ref: 11.11.2023)
5. Swedish Queen pushes for children's rights at UN [Электронный ресурс]. URL: https://www.sociatoews.xvz/2019/10/03/swedish-queen-pushes-for-childrens-rights-at-un-hd-video/ (ref: 11.11.2023)
