Methods of protection of family rights and interests of the child by law enforcement bodies and organizations

Abstract

In the paper a study of methods of protection of family rights and interests of the child by human rights bodies and organizations was carried out. On the basis of the conducted scientific research, the author came to the conclusion that the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, acting through his human rights representative and the Office for Monitoring Compliance with the Rights of the Child and Family, Youth and Sports, independently applies the following methods of protecting family rights and the interests of the child as: assisting parents in self-defense of family rights and interests of the child, which is manifested in the provision of legal information to parents necessary for self-defense, consideration of appeals from them and information about the best way to resolve the issue; monitoring the state of compliance with the family rights and interests of the child and promoting the restoration of the violated family rights and interests of the child by other state bodies, local self-government bodies, enterprises, institutions, and organizations by sending mandatory response acts. In this case, the protection of family rights and interests of the child by the Commissioner of the Verkhovna Rada of Ukraine for human rights is included in the content of the jurisdictional form of protection. The actions of public organizations and their implementation of human rights functions are united by the concept of "non-jurisdictional methods of protection", public human rights organizations in this context use such methods of protecting family rights and interests of the child as: organization of negotiations (mediation) between participants in family relations regarding the settlement of disputed issues, in including those related to the renewal of a violated, unrecognized or contested family right or interest, participation in the conclusion by the mediation parties of an agreement based on the results of the mediation, in which the obligations agreed upon by the mediation parties, the methods and terms of their implementation, as well as the consequences of their non-fulfilment or improper implementation.