Conception and New Ways of Protecting the Rights of Children and Young People: Theory, History and the Present

Elena A Pevtsova,Victoria G Annenkova

doi:10.5539/res.v7n5p274

Abstract

The article in the historical context discloses peculiarities of conception of protecting the rights of children and young people in Russia and other countries of the world. The author has drawn the conclusion that the present system of protecting the rights of children and youth should be designed in a new way: independent state function of cultivating sense of justice is very important, in the framework of which system activities of monitoring legal consciousness of society are necessary to reveal its flaws, to work out corrective action plan to eliminate them, to prevent from violations of children and young people rights and, if necessary, to ensure their most effective protection. It is important to codify numerous law norms to protect the rights of children and youth, to strengthen measures of professional responsibility of persons involved in legal education. It is necessary to develop the law “On the organization of legal education and prevention of infringements of law among children and youth,” which is to consolidate measures on maintaining the legal activity of this category of persons, their socially significant initiatives. Persons enrolled in schools are in need of special protection. Development of normative legal acts relative to the law and aimed at protecting students is effective in case of consolidation in the State Basic Law of constitutional and legal status of a child of school age, and which is not identical to status of a capable citizen. Protecting the rights of children and youth will be effective only if there is a high level of legal awareness and legal culture of the society.

Highlights

The author has drawn the conclusion that the present system of protecting the rights of children and youth should be designed in a new way: independent state function of cultivating sense of justice is very important, in the framework of which system activities of monitoring legal consciousness of society are necessary to reveal its flaws, to work out corrective action plan to eliminate them, to prevent from violations of children and young people rights and, if necessary, to ensure their most effective protection
Actuality of the topic is determined by the fact that, firstly, in the Russian legal science the problem of understanding and developing effective ways of protecting the rights of children and young people is not treated as an independent element of the legal system, there are no clear categories characteristic of it, which leads to the substitution of a conceptual approach by empiricism (Nazarenko, 1970; Bueva, 1988; Sokolov & Levansky, 2006; Bura, 1986; Ratinov, 1977; Sokolov, 1988)
The modern literature identifies a number of values of children and youth rights, They are considered as: 1) The inherent properties of the individual, his/her freedom recorded in the norms of national and international law that provide the most significant opportunities for the development of above mentioned persons, and the protection of their interests as well; 2) (In the objective sense) the totality of the specific rights inherent to the obligations enforced by the state; provided or not prohibited by law the opportunity for young people to act in a certain way, to commit or not to commit any actions

Summary

Introduction

Actuality of the topic is determined by the fact that, firstly, in the Russian legal science the problem of understanding and developing effective ways of protecting the rights of children and young people is not treated as an independent element of the legal system, there are no clear categories characteristic of it, which leads to the substitution of a conceptual approach by empiricism (Nazarenko, 1970; Bueva, 1988; Sokolov & Levansky, 2006; Bura, 1986; Ratinov, 1977; Sokolov, 1988) It is often said either about children’s rights or the rights of young people, violating the principle of continuity of the legal status of this category of persons. The rights of children and young people are an integral part of human rights recognized by Russian legal science for several centuries Nowadays they are embodied in the normative legal acts regulating the most diverse spheres of life: education, culture, public health, labour, and many others. The results of the educational process are not immediately obvious, but they create a strong foundation for the future development of the rule of law

Methodological Framework

Results and Discussions

Conclusion