CC BY
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Для цитирования: Дробот С.А. К ВОПРОСУ О ПРАВОВОЙ ПОЗИЦИИ КОРОЛЕВСТВА ДАНИИ В СФЕРЕ НАЦИОНАЛЬНОЙ И МЕЖДУНАРОДНОЙ ЗАЩИТЫ ПРАВ ДЕТЕЙ = CONCERNING THE QUESTION OF THE LEGAL POSITION OF THE KINGDOM OF DENMARK IN THE NATIONAL AND INTERNATIONAL PROTECTION OF CHILDREN'S RIGHTS / Науч. рук. к.ф.н, доцент Э.Р. Айвазов, доцент кафедры иностранных язьжов Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.65-69.
Дробот С.А.,
студентка 2 курса бакалавриата Крымского филиала ФЕБОУВО «РГУП»
Научный руководитель: Айвазова Э.Р., доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГЪП», к.ф.н., доцент
К ВОПРОСУ О ПРАВОВОЙ ПОЗИЦИИ КОРОЛЕВСТВА ДАНИИ В СФЕРЕ НАЦИОНАЛЬНОЙ
И МЕЖДУНАРОДНОЙ ЗАЩИТЫ ПРАВ ДЕТЕЙ
Аннотация: В данной статье рассматривается социальная политика Королевства Дании по защите прав детей, а также ее соответствие политике ООН. Каждый ребенок независимо от его особенностей нуждается в защите от посягательств на его права и свободы. Таким образом, дети являются неокрепшими и не полностью дееспособными, однако полноправными и ценными единицами общества, поэтому надлежащую охрану их детства призваны обеспечить социальные институты, в частности, органы Королевства Дании как предметы исследования, а также международные организации, программы и принципы которых раскрываются в последующем статье.
Ключевые слова: Королевство Дания (Дания), ООН, Конвенция, защита, ребенок, права, родители, родительский.
CONCERNING THE QUESTION OF THE LEGAL POSITION OF THE KINGDOM OF DENMARK IN THE NATIONAL AND INTERNATIONAL PROTECTION OF CHILDREN'S RIGHTS
Abstract: This article examines the social policy of the Kingdom of Denmark on the protection of children's rights and its compliance with the UN policy. Every child, irrespective of his or her characteristics, needs to be protected from infringements of his or her rights and freedoms. Thus, children are immature and not fully capable, but full-fledged and valuable units of society, so the proper protection of their childhood is to be ensured by social institutions, in particular the bodies of the Kingdom of Denmark as the subjects of the study, as well as international organizations, whose programmers and principles arc disclosed in the subsequent article.
Keywords: The Kingdom of Denmark (Denmark), UN, The Convention, protection, child, rights, parents, parental.
«The best way to make children good is to make them happy» - Oscar Wilde, a poet and playwright with Danish roots. Today children are incapable citizens in need with comprehensive protection, but tomorrow they are the new generation that will lead the whole society, and its path depends entirely on us.
The Kingdom of Demnark, as a welfare state, according to the LIN, gives a special importance to the current agenda for our nation and the world at large.
It is worth mentioning to emphasize our country's position that Demnark adopted the Social Security Act in 1947, established a national committee on the rights of the child in 1994 as an independent body which task was to ensure the protection of the rights and interests of the child, to inform the government about the situation of children in the whole society [2]. Certainly, Denmark was one of the first countries to ratify the key act for today's meeting - the Convention on the Rights of the Child, the Convention between Demnark, Finland,
Iceland, Norway and Sweden in 2006 [5], the European Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 2007 and others [7].
The volume of national normative material in our country is also enormous. The most important of them are the following: The Danish Constitution [4], the Parental Responsibility Act, the Children's Act, the International Child Abduction Act. Furthermore, Denmark has a 'Social Service' Act (2005), which implements article 3, paragraph 2 of the Convention on the Rights of the Child into Danish law, with the main aim of protecting the rights and aiding a child in unfavorable circumstances [6]. According to this law, the state has the right to intervene in the family if it considers that the internal climate in the family is detrimental to the mental and physical development of the child. This method is known as the "integrated children system" [3].
The protection of children's rights is also a widely discussed issue in Denmark, both at the public and national level. In 2020 at the New Year's Eve meetings our Prime Minister officially commented on the basic principles of social policy of the Kingdom of Denmark: "In Denmark it is forbidden beating children. And girls should have the same freedom as boys." In the same way, she defined the basic responsibilities of the individual and the state within the framework of children: "Adults have a duty to ensure that Danish children have a peaceful and safe existence. Therefore we must put all doubts aside and the more vulnerable children must be forcibly adopted."
In accordance with the principles of the previously mentioned international conventions, a child has the following rights:
The right to life and healthy development.
The right to preserve his or her identity, including nationality, name and family ties. The right to personal liberty, equality, freedom of thought and opinion, freedom of conscience and religion. This right includes the freedom to express oneself orally, in writing or in print, in the form of art or through other media of the child's choice; the right to be informed.
The right to be protected from all forms of physical or mental violence, exploitation, abuse, neglect or maltreatment, whether inflicted by parents, legal guardians or any other person caring for the child. The right to a family; a child deprived of his or her family environment is entitled to special protection and assistance provided by the State if there is no temporary or permanent protection from the parents. The right to a standard of living adequate for his or her physical, mental, spiritual, moral and social development. A mentally or physically disabled child shall lead a full and decent life in conditions that ensure his or her dignity, promote self-confidence and facilitate his or her active participation in society. The right to health care and social security, including social insurance. The right to education.
The right to his or her mother tongue and culture, the right to practice the religion of his or her parents, even if he or she belongs to an ethnic, religious or linguistic group that is a minority in the State. The right to rest and leisure, the right to participate in games and recreational activities appropriate to his or her age, and to participate freely in cultural life and the arts.
The right to be protected from economic exploitation and from performing any work that is likely to be hazardous to his or her health or harmful to his or her physical, mental, spiritual, moral or social development.
The right to be protected from all forms of sexual exploitation and sexual abuse.
The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; no child shall be deprived of his or her liberty unlawfully or arbitrarily; every child deprived of liberty has the right to prompt access to assistance, including legal assistance.
The right to the assistance and support of the State in cases of unlawful removal and non-return of children from abroad.
States undertake to respect and fulfil international humanitarian law with regard to children caught up in armed conflict. States shall take all possible measures to ensure that persons under 15 years of age do not take a direct part in hostilities.
As mentioned above, the specific expression and scope of children's rights are enshrined in the national legislation of States and may vary depending on the level of regulation of this issue in a particular State.
For example, the right to education is concretely expressed in the Danish School Education Act, which states that children have the right to:
Free education in public schools for 195-200 days a year.
The right to be educated in a school in the neighborhood (except for the need for special schools).
The right to transport to school if the child is assigned to another school.
The right to additional education.
The right to special education if needed.
The right to instruction in Danish as a second language.
The right to instruction in the mother tongue (for children of EU, Faroese and Greenlandic citizens). The right to organize a Pupil Council at school. The right to change schools (etc.).
In order to realize children's right to protection from all forms of sexual exploitation and sexual abuse, and as one of the measures to prevent such crimes, the law makes it compulsory to present a so-called brunette -a document certifying that no crimes against children have been committed - when applying for employment in children's institutions (cultural organizations, associations, clubs, etc.). Pre-school and school institutions are obliged to assess the psychological, mental and aesthetic internal climate in these institutions.
Families with disabled children are provided with comprehensive support from both the state and local municipalities, which includes specialist counselling, special children's educational institutions, assistance with day care, 24-hour care, weekend care, allowances for caring for a disabled child, allowances for special transport, housing adaptation to the needs of a disabled child, etc.
The right to protect one's own interests is expressed in the right of a child aged 10 years or older to independently apply to the authorities dealing with cases concerning parental rights, residence and visits with parents (Statsforvaltning) with the initiative to take the case into consideration. The child can also file a complaint with the Ombudsman. In May 2015, the Danish Parliament decided to accede to the protocol on the possibility for children to appeal disputes related to violations of the Convention on the Rights of the Child to the children's committee at the UN, thus giving children the right to appeal directly to the UN.
The concept of parental rights in Danish law (forceldrcmvndighcd. which literally translates as "parental authority") consists, first of all, in the obligation to bring up their children, to take care of their health, physical, mental, spiritual and moral development, to ensure that the children receive basic general education, to support their children, to make sure that the child is clothed, clothed, fed and housed.
Parental authority means the right of parents to make important decisions in the child's life - what name the child will be called, which children's institution the child will attend, what the child will do in his or her free time, what culture and religion the child will be brought up in. Parents of young children, i.e. children under the age of 15, are their legal representatives (vterger), e.g. in property transactions, and are obliged to represent and protect the rights and interests of the child before third parties, including in court.
In order to exercise their parental authority, parents must be able to have contact with the environment in which their child lives and, if necessary, to influence that environment. The Education Act, for example, provides for the following parental rights: the right to communicate with school authorities and teachers, the right to receive information about the child's development and progress, the right to attend lessons if necessary, to vote in elections to school governing bodies, to appeal against decisions of the school authorities to the municipality, to demand that the child be excused from classes in a religion that does not conform to the family tradition, etc.
Having joint parental rights means that both parents, jointly and by mutual consent, are obliged to make the above-mentioned decisions based on the interests and needs of the child and in accordance with the principle outlined in §4 of the Parental Responsibility Act - what is best for the child.
Parents acquire parental rights and obligations with the birth/adoption of a child. Parental rights are terminated when the child comes of age, when the child becomes fully disabled due to the lowering of the age of marriage, due to the death of the parent, in accordance with the parents' agreement.
According to Article 9 of the UN Convention on the Rights of the Child, a child shall not be separated from his or her parents against their wishes, except in certain cases when such a decision is taken by a court in the interests of the child (e.g. when parents abuse or neglect the child, etc.). Restriction or even deprivation of parental rights is authorised for those guilty of failure to fulfil or improper fulfilment of parental duties. Deprivation of parental rights is an extreme and severe measure applied in cases provided for by law. Deprivation of rights is also a ground for termination of parental rights.
The Danish Parental Responsibility Act (Foraldreansvarsloven) and the Children's Act (Borneloven) regulate the acquisition, modification and termination of parental rights, as well as the place of residence of children and visiting arrangements with parents who do not live with the child. The Act provides for the following grounds for acquiring shared parental rights in respect of a child:
The parents of the child are married at the time of the child's birth or have married after the child's birth. The parents are divorced or separated at the time of the child's birth, but the father recognizes paternity or his paternity is established by a court decision.
- The parents were married 10 months before the birth of the child.
Unmarried parents jointly declare their intention to exercise parental rights with respect to the child. The parents enter into an agreement on shared parental rights,
The unmarried parents have lived together 10 months before the birth of the child and the father has acknowledged paternity or his paternity has been established by a court decision.
In other cases, only the child's mother gets parental rights over the child. The parents may mutually agree that parental rights will be exercised by only one of them. The only condition for the validity of such an agreement is that it is registered with Statsforvaltning. If the parents reach the same agreement directly through Statsforvaltning, the agreement will be recorded in the judgement and does not require further registration. Finally, the court, upon application by one of the parties and in cases provided for by law, may transfer parental rights to one of the parents.
The procedure for acquiring parental rights in respect of an adopted child is governed by the Adoption Act (Adoptionsloven).
The Act distinguishes between three types of adoption: adoption of a child of another spouse/actual spouse or partner, adoption of a ward who lias a family relationship with the guardian/guardian (grandchild, nephew/niece, brother, sister) or a close friendship relationship (e.g. a child who has been placed in foster care for 3 years or more) and adoption of a child who is not known to the family, so-called anonymous adoption. Anonymous adoption is often international, when Danes adopt children from other countries.
From the moment of adoption, the adoptive parent acquires all the rights and obligations of a parent with respect to the adopted child as the biological parent. The child also acquires the same rights and duties towards his or her adopted parents as he or she would have had if they had been liis or her biological parents.
A couple who adopt a child acquire joint parental rights with respect to that child. If the child is adopted by a single, unmarried person, the parental rights belong to him or her alone. If the child is adopted by the other spouse, both spouses acquire parental rights [1].
By analyzing the above acts and official positions, it is possible to identify specific features of Danish social policy within the framework of child protection.
1. Children have a relatively wide range of personal rights and freedoms: the right to personal space and the freedom to have an opinion in the school context
2. Children are able to apply independently to the relevant authorities for the defense of their rights and interests from the age of 10.
3. All physical violence against children is completely prohibited ("Completely" means that a child cannot be slapped on the bottom or roughly pulled by the hand).
Thus, our country's policy towards children is characterized by special strictness and control on the part of the state and fully corresponds to the international standards set by the UN and in this way our government is a full-fledged guarantor of the implementation and monitoring of children's rights in our country.
Within the framework of measures for the worldw ide protection of the rights of the child and childhood, the Kingdom of Denmark proposes the following measures:
1. expanding the spheres of legislation in the field of children's rights and measures of state response to violations of the law;
2. increasing financial support for the realization of children's rights by creation govermnental and non-governmental funds;
3. systematizing the bodies for the protection of children's rights by clearly delineating their powers and spheres of action.
To sum up, every child, regardless of his or her characteristics, needs protection from infringements of his or her rights and freedoms. Children are immature and not fully capable, but they are full-fledged and valuable units of society, and therefore social institutions, including international organizations, are called upon to ensure protection of their childhood, to which the State structures and social organizations of the Kingdom of Denmark provide an unceasing assistance.
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