Международная защита прав ребёнка как институт международного права

Abstract

The institution of international protection of the rights of the child as an aggregate of international legal norms, regulating cooperation of states in provision and protection of the rights of the child in all spheres of life was formed after World War II within the framework of the United Nations. Beginning with 1945 the evolution of international protection of the rights of the child, like the one of human rights has been developing towards elaboration of international standards in the protection of the rights, of the child and establishing of special bodies monitoring implementation. Legislation in protection of the rights of the child has been going along several directions: 1) fixing the rights of the child in universal declarations and conventions on human rights (the Universal Declaration of Human Rights, 1948; International Covenants on Human Rights, 1966); 2) fixing the rights of the child in international agreements regulating the rights of certain social groups, connected with children (women, refugees) in certain fields (family law, labour law, education) (e. g. Convention on the Elimination of All Forms of Discrimination against Women, 1979; Convention on Consent to Minimum Age for Marriage and Registration of Marriage, 1962; the ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999); 3) development of declarations and conventions to regulate specifically the rights of the Child (the Declaration on the Rights of the Child, 1959; the Convention on the Rights of the Child, 1989). A special monitoring mechanism, established under the Convention of the Rights of the Child is empowered to consider the states' reports on implementation of the provisions of the Convention. In addition, protection of the rights of the child can be implemented through other international mechanisms in human rights protection. Specialized UN bodies also provide protection of the rights of the child in their respective areas: the International Labour Organization (ILO), the World Health Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO). The United Nations Children Fund, established in 1946, renders international aid and technical support to states in protection of the rights of the child. To sum up the above, the following definition of the international protection of the rights of the child can be given: it is a system of international bodies and procedures providing protection of children through development of international standards in the field of protection of the rights of the child and establishing special mechanisms to monitor the states fulfilling their obligations. Thus, parallel to human rights protection and within its framework, international protection of the rights of the child evolved, which has led to the identification of the set of international legal norms, regulating states' cooperation in this field. As a result, the institute of the rights of the child emerged, which is a part of a separate branch of international law, pertaining to human rights. The institution of international protection of the rights of the child besides the main principles on human rights also includes special principles, regulating specifically the legal status of children: prevention of discrimination, ensuring the best interests of the child, free expression of opinions, the right to well-being, special care and protection. The institution of international protection of the rights of the child is an aggregate of international legal principles and norms, determining the obligations of state-parties to provide for and implement these rights and freedoms, as well as international mechanisms to monitor the implementation.