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Section 2. Science of law
Konarbayeva Madina Muratovna, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Ibrayeva Alua Salamatovna, doctor of legal sciences, professor al-Farabi Kazakh National University E-mail: [email protected]
Legal mechanism to protect the institution of childhood. Experience of Kazakhstan and foreign countries
Abstract: Ofthe topic is that the protection of the Institute is an integral part of childhood, as the future of our country and the world community in our younger generation. It should be recognized that no country in the world can claim to be the pattern in the observance of the rights of the child. Even for the most democratic and economically developed countries are characterized by the growth of juvenile delinquency, the presence of families with low living standards, the mortality rate of children due to lack of medical care, the growth of street children. All these facts prove the impossibility of solving children’s problems only national means. The purpose of this article is a review of a legal mechanism to protect the institution of childhood. Consider the experience of the Republic of Kazakhstan and foreign countries.
Keywords: childhood, Convention on the Rights of the Child, orphans, protection of the children, adoption.
As of 2010 living in Kazakhstan 4,755,902 children from birth to 18 years. They are children of pre-school, school age and young students. Orphans and children without parental care — 42 thousand. According to the Committee, in the country today with children and childhood are about 600 non-governmental organizations. The approximate percentage of children is 30 % of the total population of the Republic of Kazakhstan. Therefore, protection of rights and legitimate interests of children — one of the main directions of the national policy of the Republic of Kazakhstan.
The main legal acts regulating the legal status of children in the Republic of Kazakhstan is the Constitution of the Republic of Kazakhstan, the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan dated August 8, 2002, “On the Rights of the Child in the Republic of Kazakhstan”. There is also a network of different organizations for training and education of children; there are all kinds of services for psychological, educational, legal, medical support children. From one year to increase the budget allocated for education, health, social and cultural maintenance of children.
A significant event in the field of childhood institution in the adoption of the Convention on the Rights of the Child in 1989. Kazakhstan has ratified this Convention on June 8, 1994, thus taking its international obligations for the implementation of its legislation into conformity with the Convention. Thus, the country reaffirmed the need for legal protection of children. Basic rights and duties of the child enshrined in the Law of the Republic of
Kazakhstan “On the Rights of the Child in the Republic of Kazakhstan”. The law regulates the rights of the child, such as: the protection of health at the individual and its preservation, to life, liberty, dignity and inviolability of private life, freedom of speech and conscience, information and participation in public life, at the required level of life, property children’s rights, children’s rights to housing, education, freedom of labor, state aid, rest and leisure, as well as the duties of the child [5]. In 2000, the President signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, child trafficking and child prostitution and child pornography.
At the moment, 190 countries in the world have ratified the Convention on the Rights of the Child. Convention on Human Rights might well be regarded as the world’s first human rights treaty that is ratified by all countries of the world.
For the first time in history, the convention has been established international mechanism for monitoring the implementation of the Convention — Committee on the Rights of the Child. He is authorized to examine periodically (every 5 years) reports of States on measures they have taken to implement the provisions of the Convention [1, 44]. In addition, Article 45 provides that the Committee is the focal point of international cooperation to implement the objectives set out in the Convention. One of the major innovations — a provision that the state must provide “wide publicity of their reports in their countries” [1, item 6 Article 44]. In our country cre-
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Legal mechanism to protect the institution of childhood. Experience of Kazakhstan and foreign countries
ated by government agencies under the Ministry of Education and Science to ensure the protection of children, as well as the Committee on the Protection of Children’s Rights and the Department.
In order to ensure the fullest protection of the rights and lawful interests of minor children provided the article in the Code “On Marriage (Matrimony) and Family" [4].
The state policy of Kazakhstan for the Advancement of Kazakh children carried out in accordance with the principles, goals and objectives, which set the global community.
In accordance with the Constitution of the Republic of Kazakhstan taking care ofchildren and their upbringing are the natural right and responsibility of parents. Family and children are under the protection of the state [3].
In order to ensure the rights of the younger generation have adopted laws “On Education”, “Health Protection in the Republic of Kazakhstan”, “On Marriage and Family”, “On Special State Benefit” and others in which there are special chapters and sections to facilitate the implementation of the main provisions of the Convention on the Rights of the Child.
Establishing the age of majority in the current civil legislation of the Republic of Kazakhstan, the age of marriage and for military service to 18 years is not contrary to the provisions of the said Convention. Individual rights, for example, to work, the child has the right to enjoy equal footing with adults 16 years of age, the age of criminal responsibility is defined for 14 years.
The right to life enshrined in the Constitution, meets the requirements of the Convention [3, Article 15]. Its right in the criminal aspects provided measures for protection from violent attacks on the life, physical integrity.
The maximum to ensure the survival and development of children in difficult areas environmentally focused special laws to protect children in the Aral and Semipalatinsk regions.
The Constitution of the Republic of Kazakhstan, the Law “On Public Associations” guarantee a child like any other citizen, the right to freely form and express their views [3].
Questions of citizenship of children are regulated by the Constitution, the Civil Code and the Law “On Citizenship” and meet the requirements of the Convention [6]. The child’s identity is ensured by awarding him the birth surname, name and patronymic, in accordance with the Law “On Marriage and Family”. Upon reaching the age of 16 he has the right to change the child’s name, first name, at its discretion [4].
The laws of the Republic of Kazakhstan “On culture”, “On Physical Culture and Sports”, “On Tourism” et al. Provide additional mechanisms for implementing the child’s right to development. Thus, the current legislation of the Republic of Kazakhstan establishes the right of the child to the development of education, recreation, leisure and participation in cultural life, which is also consistent with the provisions of the Convention.
Subject of constant public attention is the progress in the implementation of the Convention “On the Rights of the Child”. First Lady, President of the Foundation “Bobek” Nazarbayeva S. A., in order to create a mechanism for the legal and social protection of the child from all forms of discrimination, initiated the development of the draft Law “On Protection of Children’s Rights”, “Children’s Villages Style and Youth Homes” adopted and are currently working.
The main purpose of the Law “On Protection of Children’s Rights” is to create a legal and socio-economic conditions for the realization and protection of the rights and legitimate interests of children.
The law asserts the equality of children, regardless of their origin, race, nationality, social status, wealth, sex, language, education, religion, place of residence, health and other circumstances relating to children and provides for measures aimed at protecting the rights of the child, on the education, health and political rights [5].
A special chapter is devoted to the state policy in the field of protection of rights and legitimate interests of children. Differentiated powers of central and local representative and executive government bodies in the implementation of safeguards the rights of the child.
The most important is the inclusion of provisions on state support, including in financing public and other non-profit organizations engaged in human rights activities for children, funding for programs and projects that may be under government orders.
Head of the Law “Child Protection in adverse conditions and extreme situations” provides protection of children without parental care, children — with disabilities, including children with mental and physical development of children — refugees, children affected by natural disasters, accidents and catastrophes [5].
As a measure of protection of social rights of children with disabilities will be allocated from the state budget additional funds for their education at the level of established standards.
It is also envisaged to provide public financial support for guardianship (foster) families and children’s villages of family type [7]. Children — the disabled are
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guaranteed free specialized medical, and psychological assistance defectological choice of institution and employment in accordance with the possibilities.
There is a special article, which prohibits the participation of children in hostilities. Children — refugees who have lost their property and personal property as a result of hostilities, armed conflict, shall have the right to protect their interests [5].
Guardianship authorities at the location of these children should take steps to trace the parents or relatives to provide material, medical and other assistance, if necessary, define them in health care, boarding, another educational institution. Children — refugees, loss ofparents, provided the same social protection, as well as any child without parental care [5].
In a special chapter devoted to the mechanisms of protection of rights and legal interests of children enshrined powers of government agencies and non-governmental organizations, as well as the courts, prosecution, the Interior and guardianship, notaries and public associations.
Thus, Kazakhstan has actively created additional conditions to ensure a fuller realization of children’s rights.
In Kazakhstan, there are many programs to protect the institution ofchildhood to prevent and combat various forms of violence against children. For example, in 2011, ended the state program “Children of Kazakhstan”. On an ongoing basis, the project “City Child Friendly” and “Road to school”. Police regularly go on raids “Children in the night city”. In all areas of the country to create a Department of Child Protection, is a city and regional hotlines, a few years ago was launched telephone number of the national “hot line” 150, the President of the Republic has a National Commission for Women and the Family, etc. For the implementation of each program and each project allocated budget on a large scale.
There are examples of very good practice to solve the problem of orphan hood. According to the Ministry of Education and Science, the decision was made on material incentives Kazakh citizens who have taken on the care of a family of children left without parental care, in the amount of 10 monthly calculation indices (in 2012 amounts to 1,618 tenge) [4].
The government of Kazakhstan recognizes the problem that it faced, and it is fully involved in the reform of social protection and the development of social protection services. For example, the last law “On special social services” (2009), is a progress, since it introduces the concept as a “technical support families”. This type of legislation is interpreted as evidence of the Government’s commitment
to the transformation of the system of child protection. However, it does not solve all the existing problems. The novelty of the topic and the lack of practical experience among key stakeholders, are the most serious problems for Kazakhstan. In addition, the existing system of child protection is very fragmented, as a number of different local and central levels shall decide on the protection of children without measures for coordination or mediation.
One of the functions of the media is information education. However, publications, television and radio programs largely do not provide legal education to every child and every man knew his rights. It is also necessary to raise public awareness about the Convention on the Rights of the Child.
The Convention on the Rights of the Child states that mankind owes to the child the best it has. Also, in the Convention states: “All actions concerning the child should take full account of its interests” [1, Article 3].
Unfortunately, I cannot say about child labor. On the one hand in the most important law for children written that every child has the right to freedom of labor, free choice of occupation and profession. Children from the age of fourteen shall be entitled to resolve the parents, in their free time to participate in socially useful work available to them for health and development without harming the physical, moral and mental condition of the child, and are eligible for the profession. “It is forbidden to take the child to draw or heavy physical work and work with hazardous or dangerous working conditions” [5, Article 16].
But what we see in reality? Young people working on washes, parking lots, work as conductors, porters. Young girls, in turn, work as a waitress. Their employers often violate their rights.
Among the most pressing issues include family violence. Potential victims of domestic abuse are children. It is the parents mostly to blame for causing physical violence and psychological impact on children. As for other countries, particularly in Europe, are very strictly enforced the rights of children against parents to children, strictly monitor how parents treat their children, making sure that children are not exposed to violence in the family.
Lack of understanding and concern on the part of adults, unfavorable atmosphere, the child’s inability to cope with stress, lack of life experience, is that the child enters into a state of depression, loss of self-esteem. The child then resorted to more destructive means of self-destruction: the abuse of toxic drugs and alcohol, access to firearms crime.
My opinion is that we need to strengthen the control of the Department for the protection of children’s rights,
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Juvenile justice system the institutional components of constitutionalism: theory and practice
as well as other government agencies for the implementation and enforcement of child rights. Conduct a survey to identify violations of children’s rights, actions, conferences in the protection of children, to communicate not only with adults, and primarily with children.
Our futureis in our children. And we can create good future for our country and for our world. This should be in the minds of everyone, to ensure our children a happy childhood.
References:
1. The Convention on the Rights of the Child.
2. The Universal Declaration of Human Rights.
3. The Constitution of the Republic of Kazakhstan.
4. Code of the Republic of Kazakhstan on Marriage and Family.
5. Law of the Republic of Kazakhstan dated August 8, 2002 - № 345-I “On the Rights of the Child" in the Republic of Kazakhstan.
6. Act of 20.12.1991, the “On Citizenship of the Republic of Kazakhstan”
7. Law of the Republic of Kazakhstan on 13.12.2000. N 113-2 “On children’s villages of family type and youth houses”.
8. Commission on Human Rights under the President of UNICEF and discussed the problems of children’s rights in Kazakhstan./I. Ignatova.//Kazakhstan Pravda, - 08.09.2007.
9. Message from the President of the Republic of Kazakhstan-Leader of the Nation NursultanNazarbayev to the people of Kazakhstan « Strategy» Kazakhstan-2050 «a new policy established state ». 14.12.2012.//[Electronic resource]. - Available from: http://www.akorda.kz/ru/page/page_poslanie-prezidenta-respubliki-kazakhstan-lidera-natsii-nursultana-nazarbaeva-narodu-kazakstana
10. Dzhandarbekov B. A. The problem of social and economic rights of the child in the legislation of the Republic of Kazakhstan. Website legal science network «Modern Law». //[Electronic resource]. - Available from: http://www.sovremennoepravo.ru/m/articles/view/Проблемы-шциально-экономических-прав-ребенка-в-законодательстве-Республики-Казахстан.
Kunchasheva Almira Ertaevna, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law Ibrayeva Alua Salamatovna, doctor of legal sciences, professor E-mail: [email protected]
Juvenile justice system the institutional components of constitutionalism: theory and practice
Abstract: The article is sanctified to the questions ofJuvenile ofJustice of Republic of Kazakhstan. The special attention applies on legal framework ofJuvenile ofJustice. In the article the question is about the system of organs, applying in the activity the special rules of handling minor, engaged in a criminal trial.
Keywords: Juvenile Justice Constitution of Republic of Kazakhstan, minor, Convention of the UNO, about rights for a child, normatively legal acts.
Juvenile justice system the institutional components of constitutionalism: theory and practice Juvenile justice (lat. juvenlis youth; lat. Justitia — justice) legal basis for the Western model of the system of state bodies engaged in the administration ofjustice in cases of offenses committed by juveniles.
To date, the most common are the following definition of “juvenile justice”:
1. the system of special procedures in cases of offenses of minors who have committed a criminal offence and has attained the age of criminal responsibility;
2. system of norms and institutions related to the child as the subject of the offences, regardless of age and categories of offences;
3. the system includes not only the relevant legislation, but also the complex of state and other bodies and
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