Every citizen should know the rights not only of his own, but also of his children, since they are not fully capable up to a certain age and cannot protect themselves for the time being. Russia has several laws on the protection of children, primarily in the field of protecting their rights from the effects of information that could harm them, as well as protecting the health of young citizens of our state.
The purpose of the adoption of the law on information
It came into effect in September 2012. The state considered it necessary to establish legal restrictions on the information received by children. The restrictions apply to one of them, which can cause various harm to both the spiritual, physical, and mental infirm baby soul.
In the law on protecting children from information, the state established requirements for the latter in terms of safety and quality.
History
The struggle to protect the rights of children has begun a long time ago. Laws have been passed, such as On Advertising and On the Media, which contain bans on the promotion of violence, cruelty, the use of products that cause irreparable harm to health, and some others. Standards for protecting children from harmful information, agitation and propaganda are also contained in the law on the protection of the rights of the child. In addition, a number of bylaws have been adopted that taboo the sale of alcohol, tobacco and beer by minors.
The UN adopted the Declaration of the Rights of the Child. In the subjects of our country, various regional laws are also adopted that are aimed at protecting children, including the prohibition of the promotion of non-traditional sexual relations.
The concept of information in the relevant law
Most of the population of our country is familiar with the federal law on the protection of children from information on those icons on the television screens, which indicate the age at which children can watch this TV show or film. In addition to television, it covers other media as well as the Internet.
All information in it is classified into 2 groups:
- It causes harm to the development of children or harms it to health or acts together in these areas. It is divided into information that is prohibited for all children, and limited to children of a certain age.
- Other, including not regulated by this law.
One of them has a limited turnover, which contains a description of violence, cruelty, images of sexual intercourse, while taking into account how it is distributed.
All information is divided into 5 groups:
- Prohibited products.
- Up to 6 years.
- From 6 years old.
- From 12 years old.
- From 16 years old.
The Law on the Protection of Children in the field in question indicates that the classification is carried out by its manufacturers and distributors, while experts are involved in this process. They evaluate the genre and theme, how children of different ages perceive this or that information, the potential harm to the development and health of children, as well as the decoration of the way it is presented. Information about the unit produced is entered in the accompanying documents that go to the information product.
Prohibited products include the one that calls for the commission of acts aimed at the use of psychotropic, narcotic, alcoholic and other similar substances, pornographic, violence and cruelty, denying family values, justifying illegal actions, and which also contains profanity.
This law does not imply that if the product is not intended for children in general or their specific age category, then it will not be demonstrated or will not be sold. So, tobacco products are sold, but they are hidden from view and are not subject to sale to minors.
Law problems
It restricts the viewing of scenes of violence, including in cartoons, but toys that are created on the basis of these cartoons are available for sale.
Under the Federal Law on the Protection of Children in the Information Sphere, decisions are made by the manufacturer on the classification of products; the status of experts is not defined in it, as well as the measure of their responsibility.
It contains a large number of concepts used for the purposes of the unit, but there are no definitions revealing their contents. It is not agreed whether to refer to information products those that are not goods, for example, open source software and freely distributed.
It is not entirely clear from the law what is meant by a “serious illness”, since there are no criteria by which it can be distinguished from a mild illness. Age limits are set only for human diseases, there are no such diseases in relation to animals, and humans with other mammals have many similar diseases.
The concept of family values is not specified in the law, since at different times they can change.
No specific consequences of violation of the provisions of this legal document have been established, only liability has been established in accordance with the legislation of the Russian Federation, that is, administrative liability is maximally possible.
Child's right to health
The United Nations Convention on the Rights of the Child proclaims its right to health, including health care, with the best treatment available until it reaches adulthood. In our country, the main laws on protecting the health of children are the Federal Law "On Basic Guarantees of the Rights of the Child ..." and "On the Basics of Protecting the Health of Citizens ...". In addition, this child protection is guaranteed by the country's constitution.
The RF IC determines that parents should take care of the health of their children. They cannot harm them, both physical and mental. Article 7 of the Federal Law-323, which is the main federal law on the protection of children's health, imposes on the state authorities of the Russian Federation, subjects and local self-government the development and implementation of programs for the prevention, early diagnosis and treatment of diseases, reducing mortality in children and mothers, and stimulating parents and children for healthy lifestyle. In addition, they must ensure compliance with measures to provide the latter with medicines, medical devices and medical supplies. Without the participation of local governments, they must create, promote the development of medical organizations for children, taking into account the presence of their various groups, and also, together with their parents, create a social infrastructure aimed at improving the health of the child, restoring their health and rest.
All legal entities must respect children's health rights.
Medical intervention without the consent of the legal representative
In some cases, the law on the protection of children in the field of health allows for such an action. This may be due to the fact that at present some parents fall into sects in which they are forbidden to go to medical institutions. There may also be other reasons for this:
- there is a threat to the life of the child, and there are no legal representatives;
- if the child suffers from diseases that are dangerous to others, including mental, or who have committed a crime.
Other rights of the child
In addition to the laws on child protection considered in the Federal Law, there are others. They stipulate that minors of legal capacity may assert their rights to protection. The child has the right to apply to the guardianship authorities in the event of unlawful actions by parents, as well as guardians and trustees. Upon reaching the age of 14, a minor has the right to appeal to the prosecutor's office or court. Children of this age can already manage their income at their discretion.
When a marriage is divorced between parents, child support must be paid. Property transactions carried out during this period must be agreed with the guardianship authorities. When dividing real estate, children are assigned their share, which until they reach adulthood is not subject to withdrawal. If parents live in different countries, the child can continue to communicate with both of them.
With the deprivation of parental rights, the state assumes the responsibility for the upbringing and development of the child.
Supervisory authorities
The following individuals must comply with federal child protection laws:
- labor inspectors;
- executive agencies;
- guardianship authorities.
Child's legal age
Civil legal capacity is inherent in children as early as 6 years of age. They can make purchases at retail outlets, receive gifts, and manage the funds that their parents allocated for pocket expenses.
Until they reach the age of 14, guardians and parents are responsible for their offenses. At this age, they receive an identity card and, with the permission of their parents, can start combining studies with work, having the right to open a bank account and manage the money on it. In addition, copyright can be obtained from the age of 14.
The child bears material responsibility in carrying out work independently. From this age, children can be prosecuted for misconduct.
From the age of 16, children can become members of a cooperative, get the right to drive a motorcycle. Upon marriage or registration as an individual entrepreneur, coming of age already at this age. In the case of misconduct, are brought to criminal and administrative liability, as adults.
The child becomes fully competent upon reaching adulthood.
Finally
In our country, there are several laws on the protection of children. All of them are aimed at protecting his health, not harming him, as well as ensuring the development of the child. Responsibility for the latter and upbringing lies with the parents. From the age of 14, the child has additional rights and criminal liability. Upon reaching 18 years of age, he becomes an adult and enters into adulthood. If he wants to become an individual entrepreneur or get married, then he may come of age at 16.