| Abstract [eng] |
Protection of the Rights of the Child: Problems of Regulation on International Plane The rights of the child constitute a part of fundamental human rights and are applicable to a specific group of individuals. The immaturity and vulnerability of these individuals requires interference of international society to ensure and protect their rights. The final paper views legal status of the child and the scope of child’s capability. The problems of the beginning and the end of the childhood are analised in accordance with international laws and international practice. The final paper is based on the analysis of several fundamental rights of the child. The paper includes the right to protect identity with a specific reference to the rights of adopted child. The right of the adpotee to know his/her biological parents is not guaranteed by legal systems of many states and this lacuna leads to the infringement of the right to preserve family relations. Regarding the importance of the family in child’s upbringing, the legal status of the family is analised, including rights, duties and the responsibilities of the family while educating and developing the child. The paper reviews the different concepts of ‘family’ and highlights a practical necessity to define the family accordingly to factual circumstances. Important question of the alternative forms of child’s care focuses on adoption with a special reference to the aspects of inter-country adoption. The effective protection against violance is an essential matter to the development of the child. The paper includes a problematic issue of corporal punishments. Corporal punishment is a part of prohibited violence and the lacunas of regulation allowing corporal punishments must be eliminated. The paper includes the analysis of child’s right to education, its’ content and the problems of enforcement. One of the prerequisites for implementation of the right to education is a protection of the child against child labour and exploitation. The analysis of the right to protection against economic exploitation covers such issues as child labour, work conditions, minimal age for employment and legal exceptions. Because of the fundamental nature the rights of the child must take priority in the agendas of international human rights bodies. The regulation of the rights of the child must be improved in order to abolish the infringements and strengthen the implementation of the rights of the child internationally. |
