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16Для цитирования: Грищенко З.Д. ПРАВОВАЯ ПОЗИЦИЯ КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКИ В СФЕРЕ ЗАЩИТЫ ПРАВ РЕБЁНКА = THE LEGAL POSITION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF CHILDREN'S RIGHTS / Науч. рук. к.ф.н, доцент Э.Р. Айвазов, доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.69-72.
Грищенко З.Д.,
студентка 2 курса бакалавриата Крымского филиала ФГБОУВО «РГУП»
Научный руководитель: Айвазова Э.Р., доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП», к.ф.н., доцент
ПРАВОВАЯ ПОЗИЦИЯ КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКИ В СФЕРЕ ЗАЩИТЫ ПРАВ
РЕБЁНКА
Аннотация: В статье рассматривается внутренняя и внешняя политика Китая в сфере защиты и охраны прав ребёнка: история развития и современные тенденции правового положения детей. Ребёнок является отдельным субъектом права, правовое положение которого значительно отличается от взрослого человека. Психические и психологические особенности такого субъекта обязательно должны учитываться при наделении его прав охраной и защитой со стороны государства.
Ключевые слова: Китай, Китайская Народная Республика, права человека, права ребёнка, дети, несовершеннолетние.
THE LEGAL POSITION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF
CHILDREN'S RIGHTS
Abstract: The article examines China's domestic and foreign policy in the field of protection and defense of children's rights: the history of development and current trends in the legal status of children. A child is a separate subject of law, the legal status of which differs significantly from that of an adult. Mental and psychological peculiarities of such a subject must necessarily be taken into account when endowing its rights with protection and defense by the state.
Keywords: China, People's Republic of China, human rights, child rights, children, minors.
On November 1, 1991, the Information Office of the State Council (Press Office of the State Council of the People's Republic of China) published a white paper, «The State of Human Rights in China», which made the international community aware of China's basic position and practice on human rights [2: 5-7].
China's official human rights policy has been and continues to be criticized by Western countries [7: 383-387]. At the same time, the Chinese authorities argue that states and regions differ in the level of cultural and civilizational development, so the Western model of human rights is not considered universal. In addition, the People's Republic of China has created its own concept of human rights. This Chinese concept is based primarily on the traditions of Confucianism and Marxism. The main idea of Confucius was that every person has certain duties - self-cultivation and law-abiding. In Confucianism, collective rights will always prevail over individual rights, because a person finds the meaning of life only in his social role in society (collective). In Marxism we can see a similar concept, according to which a person finds his or her value only in interaction with society [8].
Confucius believed that a person should develop from all sides and the basis for this development would be education and moral education, which parents are obliged to give to children. «The most beautiful sight in the world is the sight of a child confidently walking along the path of life after you have shown him the way», said Confucius.
Since 1991, a large number of Chinese White Papers on human rights have been published [14]. The 1995 White Paper asserts that the Chinese authorities, guided by the purposes and principles of the UN Charter for the Protection of Human Rights, oppose the double standards of some countries with regard to human rights in other countries and the imposition of some countries' models on others, i.e., hegemonic attempts to interfere in the internal affairs of other countries using human rights as a pretext[9].
According to Article 49 of the Constitution of the People's Republic of China, «Marriage, family, motherhood and infancy are under state protection» [15]. Also, in accordance with the same article, ill-treatment of the elderly, women and children is prohibited.
Children have always been a special subject of legal relations. The further development of the state directly depends on the size of the population and, for the most part, on the percentage of children and the elderly in favor of the former. The child is not yet a fully capable subject, therefore his rights and freedoms should be under special protection of the state. As mentioned earlier, China uses its own concept of human rights, and children are no exception.
A child is a person, but the physiological, mental and psychological state of this subject differs from an already capable adult person. That is why, in order to ensure the realization, protection and protection of children's rights, States adopt laws that will fully be able to provide the child with the opportunity to develop
comprehensively and harmoniously in a family environment, in an atmosphere of mutual understanding, happiness and love.
On September 4th, 1991, at the 21st meeting of the Standing Committee of the Seventh National People's Congress (National People's Congress) The "Law of the People's Republic of China on the Protection of Minors" was adopted [1], which states that the state, society, schools and families should educate minors and help them protect their legitimate rights and interests, increase their awareness and ability to defend themselves. This regulatory legal act is divided into 9 chapters:
Chapter I General provisions;
Chapter II.Family protection;
Chapter III Protection by the school;
Chapter IV Protection by the society;
Chapter V Internet protection;
Chapter VI Government protection;
Chapter VII Judicial protection;
Chapter VIII Legal responsibility;
Chapter IX Additional provisions.
It is noteworthy that this law contains articles on the protection of minors on the Internet, which is relevant in connection with the trend of informatization and the attempt to transition most countries of the world from an industrial society to a post-industrial one, where information and knowledge will be the most important production resource. On July 15, 2023, Chinese President Xi Jinping stressed the need for careful implementation of important instructions from the CPC Central Committee to strengthen China's power in cyberspace, as well as vigorous qualitative development of cybersecurity and informatization [6]. He noted that in the new era, work on cybersecurity and informatization is becoming increasingly important.
Also, according to this law, it is possible to see the implementation of juvenile justice [10: 38-39] in China: «Legal Aid Agencies appoint lawyers who are familiar with the physical and mental characteristics of minors to provide legal assistance to minors».
The Convention on the Rights of the Child was ratified a year later, in 1992. Thus, the protection of children's rights has become ensured by the norms and principles of international law, with the priority of national legislation.
The problem of child abduction in China has become particularly acute since the 1980s. It should be understood that the purpose of kidnapping a child will not always be further resale to the family. Some children are sent to engage in forced labor, prostitution or begging. Fighting this, law enforcement agencies at all levels on the basis of the Decision of the Standing Committee of the National People's Congress (NPC) on the strict punishment of criminals who trade and kidnap women and children, dated September 4, 1991 [3] severely punished persons convicted under this article. As a result, the number of such crimes decreases from year to year.
According to data as of June 1, 2021, since the start of the nationwide campaign to return children to their families [5] launched in January, Chinese police have found or rescued 1,680 missing or abducted children, including adults who went missing or were abducted as children, the Ministry of Public Security announced on Monday. June 1st. A total of 223 arrests have been made since the start of the campaign, the ministry said at a press conference. According to the Ministry, one person was separated from his family for 54 years. During this period, the police solved 85 unsolved cases related to the abduction or trafficking of children.
The People's Republic of China is an active member of the Committee on the Rights of the Child (CRC), but during the entire period of existence of this UN committee, there has never been a representative of China. Therefore, we cannot review the report of the independent expert from the People's Republic of China, but China can provide us with information at the national level.
In 2021, the State Council of the People's Republic of China published a report on China's progress in the field of human rights. «China will definitely make a new, even more significant contribution to the protection of human rights around the world», the document says [11]. According to the report, the Chinese Communist Party (CPC) in the new era will prioritize the interests of Chinese citizens and «ensure the intensive development of their country for the sake of their happiness and well-being».
Based on the above statistics and report, it can be concluded that the People's Republic of China has a high level of development in ensuring the protection and safeguarding of children's rights.
Article 25 of the Constitution of the People's Republic of China states: «The state carries out fertility planning in order to bring population growth in line with plans for economic and social development» [15]. Also, on December 29, 2001, the DPRK law «On Population and Birth Planning» was adopted [16].
The wording of these laws may seem strange and incomprehensible, but the reason for taking these measures becomes clear from the first articles of the aforementioned law. According to article 2 of this law, «The PRC is a state with a large population; birth planning is the main policy of the state». It should be borne in mind that in addition to regulating the population, China is taking measures to improve the quality of life of people, contributes to achieving a reasonable birth rate and stable development of the population.
The «one child» policy («One family, one child») existed in China from 1979 to 2015 [4]. It was based on a ban on the birth of more than one child (with rare exceptions, for example, multiple pregnancies). Although
this ban may seem strange, the one—child policy has indeed been able to contain population growth (which has led to overpopulation) - according to Chinese government estimates, it has helped prevent the birth of about 400 million people. And parents' focus on one child allowed them to give their children a better education and more resources.
But following the problem of overpopulation in China by 2015, another one arose - the aging of the population [12]. The working-age population began to decline, and the proportion of older people began to increase, which threatened a rapid increase in social spending. The Beijing Sehe Medical Institute and the Chinese Association for the Protection of the Health of the Elderly predicted that by 2026 China will become a «country with an aging society», where the population aged 65 years and older will account for more than 14% of the total population. In this regard, at the time of 2023, the PRC has a policy of «One family - three children».
It should be understood that the policy aimed at stabilizing the demography in the state should not infringe on the rights of children in this country. Studying the Constitution of the People's Republic of China and the laws, it is impossible to see any deviations from international principles in the field of child protection. Yes, as we have already found out, China's domestic policy in this area differs in many ways from the policy of Western states due to the peculiarities of the concepts of legal regulation of this issue. But in this article it is worth considering rather deplorable aspects of China's domestic policy, namely violations of the rights and freedoms of not only the child, but also his legal representatives.
The «One family, one child» policy is quite controversial. Penalties for violating the policy varied depending on the year, region, and nationality to which the family belonged. In some parts of the country, officials forced women to have abortions or sterilizations. Civil servants who violated the one-child policy risked serious demotion or even losing their jobs.
The worst thing is that sometimes the authorities can even take away an «extra» child. In China, there was a known case when two health workers in the southern Guangxi region were suspended from work because the authorities at that time were investigating the case of a boy who was taken from his parents by local authorities in the 1990s [13]. This case, which was one of those that caused the most comments on Chinese social networks, occurred against the background of the fight against kidnapping and trafficking of women after public outrage over cases where men who bought them chained women or put them in cages.
The boy's parents, Tang Yuying and Deng Zhensheng, asked the Quanzhou County Police to investigate their son's whereabouts after he was abducted more than 22 years ago in accordance with the «one child» policy in force at the time. The Bureau said it refuses to recognize this case of human trafficking because the child was removed due to a «social adjustment» policy under the one-child rule. Later, in a statement, the Guilin City government announced that the head and deputy head of the Quanzhou Health Department had been suspended from work during the investigation.
This example shows that China has undergone many changes. Despite the fact that the PRC is striving to improve the protection and protection of children's rights, this state has many shortcomings, primarily related to different directions of domestic policy in different periods of time.
Thus, let us summarize the above. The People's Republic of China is actively pursuing a domestic policy of protecting and safeguarding human and children's rights. Accordingly, the State adopts the necessary regulations and improves the policy in the following ways:
First, China, guided by the basic principles and purposes of the UN Charter, has been developing its own ways to achieve the necessary achievement of children's ability to enjoy human rights and to live in an environment recognizing dignity, respect and equality.
Second, the People's Republic of China discusses and adopts relevant laws addressing child protection issues at sessions of the supreme organs of state power.
Third, although at first glance the State's policy on the protection of children's rights and freedoms seems closed, China is always willing to cooperate with other countries to share experiences and acquire new knowledge, which further contributes to policy reform for the better.
Reference bibliographic list:
1. China's Law on the Protection of Minors (2020) [Electronic resource] URL:https://go.su/bNbkPv (date of access: 22.11.2023).
2. Decision of the Standing Committee of the National People's Congress (NPC) on the strict punishment of criminals who kidnap, sell and kidnap women and children [September 4, 1991] [Electronic resource] URL:https://goo.su/BVcx (date of access: 22.11.2023).
3. Delyusin L.V. The question of human rights in China - Moscow: Scientific Coordinating Council for International Studies MGIMO (U) of the Ministry of Foreign Affairs of Russia // Center for East Asian and SCO Studies // Analytical Notes, issue 6 (18), (June 2006) - MGIMO University, 2006, pp. 5-7.
4. Encyclopedia of the "Secret of the company" What is the one-child policy. We explain it in simple words: article // August 12,2022 [Electronic resource] URL:https://go.su/xBesfmv (date of access: 22.11.2023).
5. ENGLISH.GOV.CN // THE STATE COUNCIL THE PEOPLE'S REPUBLIC OF CHINA // China has located over 1,600 missing, abducted children since January // Updated: June 1, 2021 19:18, Xinhua [Electronic resource] URL:https://goo.su/r3nV3 (date of access: 22.11.2023).
6. ENGLISH.GOV.CN // THE STATE COUNCIL THE PEOPLE'S REPUBLIC OF CHINA // Xi stresses advancing high-quality development of cybersecurity, informatization work // Updated: July 15, 2023 20:07, Xinhua [Electronic resource] URL:https://goo.su/7JkYs2 (date of access: 22.11.2023).
7. Fedorova, A. S. The Chinese concept of human rights and its international promotion / A. S. Fedonova. — Text: direct // Young scientist. — 2022. — № 19 (414). — Pp. 383-387. — URL: https://moluch.ru/archive/414/91272 / (date of access: 22.11.2023).
8. Peerenboom R. Confucian Harmony and Freedom of Thought in Confucianism and Human Rights. New York: Columbia University Press; 1998.
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10. Rabets, A.M. Juvenile law of the Russian Federation: textbook and workshop for universities / A.M. Rabets. — 4th ed., reprint, and add. — Moscow: Yurait Publishing House, 2023. — 362 p. — (Higher education). — ISBN 978-5-534-08810-6. — Text electronic // Yurayt Educational platform [website], pp. 38-39 — URL: https://urait.ni/bcode/510710/p.33 (date of access: 22.11.2023).
11. Rambler/news The State Council of the People's Republic of China has published a report on China's progress in protecting human rights - Beijing, August 12, 2021, 07:15 [Electronic resource] URL:https://goo.su/zf03kk (date of access: 22.11.2023).
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16. The Law of the People's Republic of China "On Population and Birth Planning" (as amended in 2021) [Electronic resource] URL:https://goo.su/IuExW (date of access: 22.11.2023).
Для цитирования: Коннова В.И., Гордеева К.С. АКТУАЛЬНЫЕ ПРОБЛЕМЫ ЗАЩИТЫ И ОХРАНЫ ПРАВ ДЕТЕЙ В ДЕМОКРАТИЧЕСКОЙ РЕСПУБЛИКЕ КОНГО = CURRENT PROBLEMS OF PROTECTION AND KEEPING OF CHILDREN'S RIGHTS IN THE DEMOCRATIC REPUBLIC OF THE CONGO / Науч. рук. к.ф.н, доцент Э.Р. Айвазов, доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП» // Океанский менеджмент. - 2024. - № 1С(23). - С.72-75.
Коннова В.И.,
студентки 2 курса бакалавриата Крымского филиала ФГБОУВО «РГУП»
Гордеева КС.,
студентки 2 курса бакалавриата Крымского филиала ФГБОУВО «РГУП»
Научный руководитель: Айвазова Э.Р., доцент кафедры иностранных языков Крымского филиала ФГБОУВО «РГУП», к.ф.н., доцент
АКТУАЛЬНЫЕ ПРОБЛЕМЫ ЗАЩИТЫ И ОХРАНЫ ПРАВ ДЕТЕЙ В ДЕМОКРАТИЧЕСКОЙ
РЕСПУБЛИКЕ КОНГО
Аннотация: В статье рассматриваются грубые и серьезные нарушения прав и свобод граждан, в том числе детей, в Демократической Республике Конго, основные причины сложившейся ситуации, статистика нарушений и преступлений, аспекты зашиты прав детей в условиях вооруженных конфликтов, проводится анализ национального законодательства и международных актов. Изучаются пути преодоления правонарушений, в том числе с использованием экономических методов воздействия на социальную сферу жизни населения.
Ключевые слова: Демократическая Республика Конго, права детей, геноцид в Руанде, вооруженный конфликт, миротворческие силы ООН, «принуждение» к миру, национальное законодательство, социальная реформа.
CURRENT PROBLEMS OF PROTECTION AND KEEPING OF CHILDREN'S RIGHTS IN THE
DEMOCRATIC REPUBLIC OF THE CONGO
Abstract: The article examines gross and serious violations of the rights and freedoms of citizens, including children, in the Democratic Republic of the Congo, the main causes of the current situation, statistics of violations and crimes, aspects of the protection of children's rights in armed conflicts, analyzes national legislation and international acts. Ways of overcoming offenses are being studied, including using economic methods of influencing the social sphere of the population.
Keywords: Democratic Republic of the Congo, children's rights, Genocide in Rwanda, armed conflict, UN peacekeeping force, «compulsion» to peace, national legislation, social reform.
