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7Для цитирования: Гребенник П.Д. МЕХАНИЗМ ЗАЩИТЫ ПРАВ РЕБЕНКА В КАНАДЕ: ПОЛИТИЧЕСКИЙ АСПЕКТ = MECHANISM OF CHILD RIGHTS PROTECTION IN CANADA: POLITICAL ASPECT / Науч. рук. И.Г. Коршунова, ст.преподаватель кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.76-78.
Гребенник П. Д.,
студентка 3 курса ФНО Крымского филиала ФГБОУВО «РГУП»
Научный руководитель: Коршунова И.Г., ст. преподаватель кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП»
МЕХАНИЗМ ЗАЩИТЫ ПРАВ РЕБЕНКА В КАНАДЕ: ПОЛИТИЧЕСКИЙ АСПЕКТ
Аннотация. В статье анализируются основные направления внутренней политики Канады о защите прав ребенка, дается правовая оценка механизму их осуществления. С учетом выявленных проблем организационно-правового характера, возникающих при реализации этих прав, предложены пути усовершенствования законодательства актов на государственном и на международном уровнях.
Ключевые слова: защита прав ребенка, направления государственной политики, Конвенция о правах ребенка, Комитет ООН по правам ребенка.
MECHANISM OF CHILD RIGHTS PROTECTION IN CANADA: POLITICAL ASPECT
Annotation. The article analyzes the main directions of Canada's domestic policy on the protection of the rights of the child, gives a legal assessment of the mechanism of their implementation. Taking into account the identified problems of organizational and legal nature arising in the implementation of these rights, ways to improve the legislation of acts at the state and international levels are proposed.
Keywords: protection of children's rights, directions of state policy, Convention on the Rights of the Child, UN Committee on the Rights of the Child.
It should be noted that the protection of children's rights is one of the most important tasks of public policy in Canada. To date, the need to improve the system of means of realization of these rights at the state and international levels is largely due to the growth of offenses and crimes that infringe on the health and safety of minors and young children. The historical and legal aspect of the settlement of the system of the rights of the child is certainly important when considering this problem at the present stage of the country's development. The history of the protection of the rights of the child in Canada and its enshrinement in legislation dates back to the mid-19th century. Changes in the social and political order of life during this period necessitated the regulation of social relations for the protection of children's rights. One of the most important steps towards the effective and unimpeded realization of these rights in Canada was the signing of the Convention on the Rights of the Child in 1990 [3]. This effort included participation in the 1990 World Summit for Children and work to make the improvement of the health and rights of women and children around the world a top priority for the country's development.
The Universal Declaration of Human Rights obliges Member States to recognize the respect and protection of these rights, establishes the equality of human beings irrespective of sex, race, color or language, and calls for conditions for their free development [4]. In domestic legislation, Canada takes all necessary measures to realize and enforce these rights and freedoms.
Thus, among the directions of Canadian policy in this area are the following priorities: stopping violence against children and young people, implementing measures aimed at preventing child, early and forced marriages, protecting children affected by armed conflict, Canada's participation in initiatives aimed at eradicating child labor worldwide, and improving the education system. It should also be noted that the establishment of juvenile justice in Canada has significantly shaped the future direction of the state's activities in this area.
Despite the fact that the condition of children in Canada is among the best in the world, there are groups of factors that have a potentially negative impact on children's stay in optimal developmental conditions. Some of the challenges facing children in Canada include: discrimination against indigenous children and against persons with disabilities, sexual exploitation, mistreatment, environmental pollution and the resulting risk of health problems, and poverty. It is not possible to completely eliminate the impact of these factors because of their natural origin from a social point of view, but it is possible to minimize the level of violations that impede the realization of children's rights and freedoms. In this regard, the Canadian authorities are taking a number of significant measures to mitigate and neutralize the above-mentioned indicators. At the State level, programs to combat violence against children, develop principles for the provision of health services to children, and establish a Committee on Psychological Health and Obesity are constantly being updated. In addition, a five-year plan to prevent suicide among indigenous youth had also been launched in 2010. Preventing the exploitation of child labor is also an important policy area, and the Government of Canada has welcomed the publication of the Canadian Children's Rights and Business Principles, encouraging Canadian companies to integrate the Principles
into their business practices as a tool to guide actions they can take to: respect and support children's rights to contribute to the elimination of child labor [1].
Canada was instrumental in developing the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. In accordance with the Convention on the Rights of the Child, Canada supports the ratification and implementation of international standards that protect children from economic exploitation from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development. The State works to ensure that children have access to quality education through partnerships with developing country govermnents and Canadian and international non-governmental organizations working in the education sector. It also supports key multilateral organizations such as the Global Partnership for Education and the UNESCO Institute for Statistics. With respect to preventing the involvement of children in armed conflict, Canada adopted the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, which was adopted by the UN General Assembly in 2000, prohibiting the forces of any state from recruiting persons under the age of 18 and using them in hostilities [21.
Respect for the rights and legitimate interests of children and the basic provisions of the Convention on the Rights of the Child is an essential component of successful cooperation between countries at the international level. The current approach to the protection of children's rights requires improvement in view of the increasing negative attitudes towards children and the lack of respect for their rights. Every child has the right to health services, education and protection. The future of any country depends directly on the well-being of children and the development opportunities available to them. Unfortunately, as millions of children around the world have been prevented by certain factors from becoming productive members of society, the importance of strengthening the protection of children's rights lias become increasingly important. The need to take measures to eradicate the above-mentioned factors, namely, strengthening the system of social and welfare provisions for children of all categories, protecting rights in education, science and culture, preventing violence against children, taking measures to avoid the involvement of children in armed conflict, eliminating cases of trafficking in children, etc., has become increasingly important. At present, there is an increase in the impact of negative factors that disrupt children's stay in comfortable living conditions. This actualizes the need to improve international legislation and develop the latest approaches and methods in the field of protection and realization of children's rights in each of the countries of the world.
In determining the importance of improving Canadian legislation in this area, it should be noted that the vector of govermnent policy should be aimed at protecting and realizing children's rights at all levels. In this regard, it is also necessary to take into account the provisions of international instruments and to improve the system of monitoring bodies authorized to monitor the observance of children's rights and to ensure law and order and suppression of violations of these rights. Canada's policy should be aimed at preventing the involvement of children in armed conflict, and should be consistent with the policies of other member countries of the UN Committee on the Rights of the Child in this area. Thus, given the specifics of Canada's legal system and the already existing systems of guarantees in the area of child rights protection the following measures should be taken to improve public policy:
- ensure at the state level the realization of the rights of children of small indigenous peoples living on the territory of Canada by adopting additional acts regulating a special regime for the protection of their rights;
- strengthen control over the observance of children's rights in various spheres through the establishment of additional government structures;
- regulate the legal protection regime for migrant children;
- curb parental mistreatment of children by establishing additional sanctions;
- improve the education and health care system by concluding international treaties and agreements with other participating countries;
- pay attention to the existing problem of children's participation in armed conflict and take measures to prevent such cases;
- to annually improve the system of social guarantees for children by establishing additional payments for large families, children with disabilities, and others;
- establish additional units to combat child delinquency.
Thus, given the ratified international acts and treaties, and mainly the provisions of the Convention on the Rights of the Child and the Declaration of the Rights of the Child, Canada supports the actions of the UN Committee on the Rights of the Child and actively implements these actions in national legislation. In connection with the need to improve the protection of children's rights and freedoms and maximize the elimination of emerging risks, it is proposed to integrate the systems of protection of children's rights in different countries, taking into account the specific conditions of their stay there, as well as the peculiarities of the legal systems of these states, to use a modern approach to the implementation and protection of children's rights at the international level, thereby ensuring a decent life and development of future generations.
Reference bibliographic list:
1. Legal System of Canada // Canadian Law: Official Portal: [Electronic resource]. URL: https://canadam.ca/archives/471
2. 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-uchrezhdemy
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 PROTECTION OF THE RIGHTS OF THE CHILD IN SWEDEN / Науч. рук. И.Г. Коршунова, ст. преподаватель кафедры иностранных языков Крымского филиала ФЕБОУВО «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 зашиты 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 countiy, 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 UN 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
