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1This situation is understandable, because the International Bill of Human Rights defines only the minimum standards in this area.
It will be observed to the fact that in Chapter 2 of the Russian Constitution enshrined the rights and freedoms that are not formalized in the International Bill of Rights. The fact is that the Bill can't include in its composition all recognized rights and freedoms in every state [6, c.17]. For instance. Article 38, Paragraph 3 of the Constitution of the Russian Federation: «Able-bodied children over 18 years of age shall take care of disabled parents» [1]. At this paragraph, it comes to a child responsibility to take care of parents, as well as the right of parents not to be abandoned by their own children.
It must be confessed that there is no such a necessary right to take care of own close relatives in the International Bill of Rights. We don't propose to amend the Bill, we only pay attention on fact that the Constitution of the Russian Federation has established rights and freedoms not less important than generally accepted, which have the right to exist, including as a part of the International Bill of Human Rights.
Thus, the Declaration and at a later stage the Covenants, exercised a profound influence on the thoughts and actions of individuals and their Governments in all parts of the world. The International Bill of Human Rights as no other international legal document represents the rights and freedoms recognized in the world.
The Constitution of the Russian Federation (and partially the Russian sectoral legislation) sets the basic rights and freedoms, set out in the International Bill of Human Rights, but not all.
Formulations of provisions that narrowly interpret the rights and freedoms under the International Bill of Rights should be reviewed and amended accordingly. Not founded rights in the Constitution must necessarily occur in it.
Provisions of the Russian Constitution conceding peoples rights and freedoms of the country to a greater extent than is required by the Covenants or having no analogues in the Bill should be left unchanged.
Reference bibliographic list:
1. Constitution of the Russian Federation (passed by nation-wide voting of December 12, 1993) // Access from the reference legal system «ConsultantPlus».
2. The International Covenant on Economic, Social and Cultural Rights (New York, December 19, 1966) //Access from the reference legal system «ConsultantPlus».
3. The International Covenant on December 16, 1966 «On Civil and Political Rights» // Access from the reference legal system «ConsultantPlus».
4. The Universal Declaration of Human Rights (adopted by the United Nations General Assembly on 10 December 1948) // Access from the reference legal system «Consultant Plus».
5. Лазарев K.C. Реализация положений Международного Билля о правах человека в Конституции России. Вопросы российского и международного права. 2013. № 2. С. 10-27.
6. Наумова Н. В. Всеобщая декларация прав человека и её действие в Российской Федерации // Молодой ученый. — 2017. — №5.—С. 304-306.
7. Чиркин В.Е. Социальное государство: юридические индикаторы // Российский юридический журнал. - 2007. -№ 4. - С. 52-59.
Для цитирования: Алиева Ф.А. МИР, В КОТОРОМ ВЕРЯТ В САМОСТОЯТЕЛЬНОСТЬ, ЗАЩИТУ И ПОТЕНЦИАЛ РЕБЕНКА: ПОЗИЦИЯ РЕСПУБЛИКИ УЗБЕКИСТАН = А WORLD WHERE PEOPLE BELIEVE IN THE INDEPENDENCE, PROTECTION AND POTENTIAL OF THE CHILD: THE POSITION OF THE REPUBLIC OF UZBEKISTAN / Научн. рук. д.п.н, доцент М.Р. Скоробогатова, доцент кафедры педагогики ФГАОУ ВО «КФУ им. В.И Вернадского» // Океанский менеджмент. - 2024. - № 1С(23). - С.60-63.
Алиева Ф.А.
аспирант 1 года обучения ФГАОУ ВО «КФУ im. В.И. Вернадского»
Научный руководитель: Скоробогатова М.Р., доцент кафедры педагогики ФГАОУ ВО «КФУ им. B.II. Вернадского», д.п.н., доцент
МИР, В КОТОРОМ ВЕРЯТ В САМОСТОЯТЕЛЬНОСТЬ, ЗАЩИТУ И ПОТЕНЦИАЛ РЕБЕНКА:
ПОЗИЦИЯ РЕСПУБЛИКИ УЗБЕКИСТАН
Аннотация. В статье автор анализирует и систематизирует современное осуществление защиты прав ребенка в Узбекистане. Особое внимание уделяется ряду позитивных обязательств государства по обеспечению эффективной реализации права на образование в сфере прав детей. Акцентируется внимание на реализации положения Конвенции о правах ребенка и рекомендаций Комитета ООН по правам ребенка в Узбекистане.
Ключевые слова: права детей, политика Узбекистана, Комитет по правам ребенка, Президент Узбекистана, Национальный план действий
A WORLD WHERE PEOPLE BELIEVE IN THE INDEPENDENCE, PROTECTION AND POTENTIAL OF THE CHILD: THE POSITION OF THE REPUBLIC OF UZBEKISTAN
Abstract. The author analyzes and systematizes in the article the modern implementation of the protection of children's rights in Uzbekistan. Particular attention is paid to a number of positive obligations of the state to ensure the effective implementation of the right to education in the field of children's rights. Attention is focused on the implementation of the provisions of the Convention on the Rights of the Child and the recommendations of the UN Committee on the Rights of the Child in Uzbekistan.
Keywords: children's rights, politics of Uzbekistan, Committee on the Rights of the Child, President of Uzbekistan, National Action Plan.
Undeniable, in the world that is being built in Uzbekistan, people believe in the independence, protection and potential of the child. There's no doubt that Uzbekistan has traditionally strived to Promote Children's Rights. The connection of the history of Uzbekistan with the agenda shows that for the state from the first years of independence the issues of children's rights, health, quality education for children became a priority direction of state policy. In particular, it creates a legal framework of the national education system aimed at radical reform of education, formation and development of the national training system at the level of developed countries. This task is carried out by the Ministry of Health; the Ministry of Internal Affairs; the Ministry of Public Education; the National Human Rights Centre; the Supreme Court; the State Committee of Uzbekistan for Family and Women; and the Permanent Mission of Uzbekistan to the United Nations Office at Geneva.
On the basis of article 35 of the United Nations Convention on the Rights of the Child, States parties undertake to submit to the Committee reports on the measures they have taken to consolidate the rights recognized in the Convention and on the process achieved in the implementation of these rights [10]. To date, the Republic of Uzbekistan has submitted 5 national reports on the implementation of the provisions of the UN Convention on the Rights of the Child [4]. In 2022, the Committee on the Rights of the Child considered the fifth periodic report of Uzbekistan under the Convention on the Rights of the Child. Committee Experts commended the State on its will to promote children's rights and the ambition of Uzbekistan to embed children's rights in the Constitution [10]. The rights of the child in Uzbekistan are regulated by such legislative documents as: the Constitution of the Republic of Uzbekistan; the Family Code of the Republic of Uzbekistan; the Law of the Republic of Uzbekistan "On guarantees of the Rights of the Child"; the Law of the Republic of Uzbekistan "On the Prevention of Offenses"; the Law of the Republic of Uzbekistan "On Guardianship and Guardianship"; the Law of the Republic of Uzbekistan "On State Youth Policy"; the Law Of the Republic of Uzbekistan "On Education"; the Law of the Republic of Uzbekistan "On social protection of disabled people in the Republic of Uzbekistan". An important point is that according to Chapter IXEconomic, Social, Cultural and Environmental Rights Article 44 of Constitution of the Republic of Uzbekistan "Any form of child labor that poses a threat to the health, safety, morality, mental and physical development of the child, including those that prevent him or her from getting an education, shall be prohibited" [2]. Under Article 50 "Everyone shall have the right to education. The State shall ensure the development of a continuous education system, its various types and forms, state and non-state educational organizations. The State shall create conditions for the development of pre-school education and upbringing. The State shall guarantee general secondary and basic vocational education free of charge. The general secondary education shall be compulsory. Pre-school education and upbringing, general secondary education shall be under state supervision. Inclusive education and upbringing shall be provided for children with special educational needs in educational institutions" [2]. The Article 77 of Chapter XIV Family, children and youth reads: "Until the children are of age, parents and guardians shall be obliged to support them, take care of their upbringing, education and healthy, full and harmonious development. The state and society shall ensure the maintenance, upbringing, education, and healthy, full and harmonious development of orphans and children deprived of the guardianship of their parents, and encourage charitable activities to this end" [2].
Address by the head of state - the President of the Republic of Uzbekistan Shavkat Mirziyoyev at the ceremony dedicated to the 32nd anniversary of Independence of the Republic of Uzbekistan on August 31,2023 touches on the issue of the agenda. According to Sh. Mirziyoyev: "<...> A year ago we identified 5 main directions for the development of the country. The development of the education sector is enshrined as a top priority. It is no coincidence that I always emphasize the importance of education. Without modern education, we cannot achieve accelerated progress. Education is undoubtedly both the solution to any problem and an important factor in our tomorrow. In 2022, 72 new schools were built in the country, 279 schools were overhauled and 514 schools were reconstructed. More than 30,000 computers have been purchased for schools. Primary school students will study according to new programs and textbooks developed on the basis of advanced foreign experience. I would like to reiterate that the priority areas we have identified will remain the focus of our attention at all times" [9].
The protection, independence and potential of the child are priorities of domestic and foreign policy of the Republic of Uzbekistan. For our country from the first years of independence the issues of children's rights, their health and quality education have become a priority of public policy. In particular, it creates a legal framework of the national education system aimed at radical reform of education, formation and development of the national training system at the level of developed countries. In addition, 92% of children in the country by the development parameters correspond to World Health Organization standards. In the ranking of countries
compiled by International organization "Save the children", which show the level of taking care of the health of the younger generation, Uzbekistan deservedly took the 9th place among 161 states [1].
Thus, let's summarize all of actions taken by Uzbekistan's authorities in regard with the agenda. The Republic of Uzbekistan, being a State party to the United Nations Convention on the Rights of the Child, takes measures to consolidate the rights recognized in the Convention and their implementation. The adoption of various normative legal acts and national programs that promote the protection of children's rights and ensure the independence, protection and potentials of the child, allows:
- firstly, to confirm the fact that large-scale work is being carried out in Uzbekistan to support motherhood and childhood, create conditions for the spiritual and physical development of children [7, p. 68; 3, p. 147];
- secondly, to assure you of our State's implementation of all legislative recommendations of the Committee on the Rights of the Child. The draft Constitutional Law mentioned children's rights, including the protection of the family and children. Uzbekistan always tried to reflect the best interests of the child in its laws. Uzbekistan had established a children's Ombudsman's office in 2020 and a special commission had been created in parliament to monitor the implementation of Uzbekistan's international commitments to human rights. The 2030 Sustainable Development Goals ensured the well-being of children. At a high-level political forum under the auspices of the United Nations Economic and Social Council, Uzbekistan had presented its first voluntary national review on progress in the implementation of the Sustainable Development Goals, and a parliamentary commission was established to monitor the implementation of these objectives. Eleven friendship houses and non-governmental organization centers had been created in Uzbekistan to handle the coordination and monitoring of the provisions of the Convention. Uzbekistan continues to cooperate with the Committee [5].
- thirdly, to certify you that Uzbekistan is building a world in which they believe in the independence, protection and potential of the child in the sphere of education. On the recommendation of the UN Committee on the Rights of the Child, Uzbekistan adopted the Law "On Guarantees of the Rights of the Child," which implements almost all provisions of the Convention on the Rights of the Child [6]. For this purpose, among other things, a National Action Plan has been developed to implement the recommendations of the Committee on the Rights of the Child in the field of education. The right to child rights education is not a new right; it is one of the constituent parts of the right to education as enshrined in international and regional human rights treaties. We are talking not just about an opportunity depending on the will of the state, but about a legal obligation arising from the enshrinement of the right to education as such in a number of international treaties. This general obligation manifests itself in obligations to respect, protect and fulfill a guaranteed right. The state also has a number of positive obligations to ensure the effective implementation of the right to education in the field of children's rights. The national program provides that starting from the 2023/2024 academic year, educational and special courses on "Children's Rights" will be introduced into the education system [8]. On February 20-28, 2023, Human Rights Week was held in Uzbekistan, during which various competitions and presentations were organized for children. Education in the field of the rights of the child is fundamental to the promotion of universal respect and broad observance of human rights.
Reference bibliographic list:
1. Activity of Uzbekistan in the field of child protection [Electronic resource] URL: https://www.uzbekembassy.in/activity-of-uzbekistan-in-the-field-of-child-protection/. Access date: 12.10.2023.
2. Constitution of the Republic of Uzbekistan [Electronic resource] URL: https://constitution.uz/en/clause/index Access date: 12.10.2023.
3. Dzhalilova G.A., Bakaeva Yu.R., Yusupova DYu., Ubaydullaeva G.A. Protecting women's health is the key to creating a healthy generation // European Research No. 4(15), 2016. pp. 147-148.
4. Experts of the Committee on the Rights of the Child Commend Uzbekistan on its Will to Promote Children's Rights [Electronic resource] URL: https://www.ohchr.org/en/press-releases/2022/09/expeits-comrmttee-rights-child-commend-uzbekistan-its-will-promote-childrens Access date: 12.10.2023.
5. Human Rights Week in Uzbekistan [Electronic resource] URL: https://www.uzbekistan.org.ua/ru/yangiliklar/6260.html. Access date: 12.10.2023.
6. Law of the Republic of Uzbekistan "On guarantees of the rights of the child" [Electronic resource] URL: https://lex.uz/acts/1297318. Access date: 12.10.2023.
7. Mukhamedova N.S., Mamedova G.B., Teshabayeva M.Kh., Yusupova DYu. Priority directions for protecting women's health in the Republic of Uzbekistan // Young scientist No. 2, 2015. pp. 67-69.
8. Policy of Uzbekistan in the sphere of protection of children's rights [Electronic resource] URL: http://www.uzbekembassy.ir/ILOeng.aspx. Access date: 12.10.2023.
9. Speech by the President of the Republic of Uzbekistan [Electronic resource] URL: https://uza.uz/ru/posts/vystuplenie-prezidenla-respubhki-uzbekislan-shavkala-mirziyoeva-na-torzhestvennoy-ceremonii-posvyaschennoy-32-y-godovschine-nezavisimosti-respubliki-uzbekistan_516329 Access date: 12.10.2023.
10. The UN Committee on the Rights of the Child [Electronic resource] URL: https://www.ohchr.org/en/treaty-bodies/crc. Access date: 12.10.2023.
