Rights of the child in the family

The rights of the child in the family are regulated and protected by laws, domestic and international. The Russian Federation and Ukraine, following the path of legal and social states, have adopted many international documents in the field of human rights regulation, and also have certain obligations to protect the rights of children. So, a minor is considered a child; under 18 years of age.

Rights of the child in the family in the Russian Federation

In Russia, the rights of the child are regulated by such laws and legal acts:

  1. The Family Code of the Russian Federation.
  2. The federal law "On guardianship and guardianship".
  3. The federal law "On basic guarantees of the rights of the child in the Russian Federation".
  4. The federal law "On the basics of the system for the prevention of neglect and juvenile delinquency".
  5. Decree of the President of the Russian Federation "On Additional Measures to Ensure the Rights and Protection of Interests of Minor Citizens of the Russian Federation".
  6. Decree of the President of the Russian Federation "On the Commissioner for the Rights of the Child".
  7. Decree of the President of the Russian Federation "On the National Strategy of Action for Children for 2012-2017".
  8. Resolution of the Government of the Russian Federation "On the state report on the situation of children and families with children in the Russian Federation".
  9. Resolution of the Government of the Russian Federation "On the Council of the Government of the Russian Federation on the issues of guardianship in the social sphere", etc.

Rights of the child in the family in Ukraine

In Ukraine, the rights of the child do not have specific legislation, they are reflected and protected by separate articles in the Family, Civil and Criminal Codes, in Art. 52 of the Constitution, as well as the Laws: "On Prevention of Domestic Violence", "On Protection of Childhood", "On Social Work with Children and Young People".

The article presents the main list of normative and legislative acts concerning the designation and observance of the rights of the child in the family. They stated that the basic right of minor children is to live and bring up in the family. This is necessary for the full mental, personal and social development of each child, so this condition of life is the most important without exaggeration. In this regard, adoption is given priority over other custodial forms of orphanages to the family . Children have the right to possess data and to know everything about biological parents, and also to communicate with relatives, except for the need to preserve the secrecy of adoption.

According to normative acts, parents are obliged to take care of health, education, all-round development and material support of children. Violation of such rights of the child in the family can lead to the withdrawal of children and the deprivation or restriction of parental rights in relation to them in the courts. Such a measure is designed to protect the rights of the child in the family.

The property rights of the child in the family are the inalienable right to receive full content from the parents. For them, in turn, this is an indisputable duty. If one of the parents does not allocate funds for the maintenance of the child, then they are collected in judicial, compulsory order. In the case when they are not able to provide for the child, the minor has the right to collect alimony from an adult and able-bodied brothers / sisters or grandparents.

The property of the child is movable and immovable property, which has passed to him by inheritance, as a gift, or bought for its means, as well as income from their use, shares, cash contributions and dividends from them, etc.

The child also owns income from his entrepreneurial or intellectual activity, as well as a scholarship, which he has the right to dispose of independently from the age of 14.

The rights of children in foster families are fully consistent with the rights of the child under guardianship or custody. They also retain the rights to any property belonging to them, alimony, pensions, social payments and so on.