THE INTERNATIONAL ASPECT OF THE PROTECTION OF THE RIGHTS OF PARENTS AND CHILDREN BY CRIMINALLY-REMEDIAL MEANS

Abstract

The article examines the main international legal acts on the protection of the rights of children and parents by criminally- remedial means. It has been established that the problem has been actively discussed and defined in legislation since the 20th century. It was determined that the protection of the rights of children and parents by criminally-remedial means takes place in two main directions and at two levels. First, the protection of the rights of children and parents by criminally-remedial means when they are brought to criminal responsibility; secondly, protection of the rights of children and parents from illegal encroachments by criminally-remedial means. These areas are implemented at the international and national levels. As a rule, international legal acts do not define specific means of achieving any goal. At the international level, general principles, conceptual frameworks and a common goal of overcoming a common problem are usually established. The main directions are defined, according to which in the future each state will independently reform the national legislation through the ratification of international legal acts, the implementation of their provisions, improvement or development of its own regulatory and legal framework on a specific issue. In the course of the conducted research, we established that, firstly, the international legal regulation of the protection of the rights of children and parents determines the main conceptual directions of combating crime by criminally-remedial means. Secondly, in order to systematize all internationally legal acts in the researched area, we proposed the following classification: 1) international legal acts that contain basic standards for the protection of human rights and, in particular, children's and parents' rights; 2) international legal acts aimed at protecting children's rights and preventing child abuse; 3) international legal acts aimed at overcoming and combating violence in the family. Thirdly, special attention in internationally legal acts is devoted to the protection of childhood and motherhood, while the protection of parenthood needs clearer regulation at the internationally legal level.