Children's rights in Russia and Great Britain

Муниципальный этап регионального конкурса исследовательских работ учащихся в области естественных и

гуманитарных наук

Частинский муниципальный район

Муниципальное бюджетное образовательное учреждение

«Бабкинская средняя общеобразовательная школа»

Секция «Иностранный язык»

Права ребенка в России и Великобритании

                                       Работу выполнила:

                                                              Санникова Анастасия Сергеевна,

                                     ученица 10 класса,

                                                     МБОУ «Бабкинская средняя

                                                         общеобразовательная школа»

                                Руководитель:

                                                                Исакова Марина Александровна,

                                                        учитель иностранного языка,

                                                    первой квалификационной

                          категории,

                                                       МБОУ «Бабкинская средняя

                                                          общеобразовательная школа»

2020 год

CONTENTS

Introduction…………………………………………………………...………….. 3 1 The basic documents protecting the rights of the child ………………......……. 4

1. Russian legislation that secure the rights of the child……...………….……4
2. The basic acts which protect the rights of the child in Great Britain ………4

1.  The fundamental rights of the child in Russia and Great Britain………………...7

1. The fundamental rights of the child in Russia ………………………………7
2. The fundamental rights of the child in Great Britain …………..……….…10

2.  The analysis of the fundamental rights of the child in Russia and Great Britain          

  …………………………………………………………………………....…… 13  

  3.1 Research knowledge about the rights of the child …………………………15

Conclusion ……………………………….……………………………………… 16

Bibliographical list ……………………………………………………....……… 18

Appendix ……………………………………………………….…...……………19

Аннотация

1. Автор: Санникова Анастасия
2. Образовательное учреждение: МБОУ «Бабкинская средняя общеобразовательная школа», 10 класс
3. Название работы: Права ребенка в России и Великобритании
4. Руководитель: Исакова Марина Александровна, учитель иностранного языка Бабкинской средней общеобразовательной школы
5. Цель: сравнительный анализ и раскрытие особенностей прав ребенка в России и Великобритании
6. Задачи:

1. Изучить права ребенка в России и Великобритании.
2. Изучение Конвенции о правах ребёнка.
3. Провести сравнительный анализ содержания прав ребенка в России и Великобритании.
4. Анализ проведенного опроса.
5. Сделать выводы на основе полученных данных.

7. Объект исследования: права ребенка в России и Великобритании, основные законодательные акты, защищающие эти права
8. Предмет исследования: правовой статус ребенка, понятие прав ребенка, познакомиться с правами ребенка в России и Великобритании
9. Методы исследования:

• анализ
• изучение и обобщение опыта.

INTRODUCTION

When children are born and become a member of a society, they at once receive many the rights. These rights are necessary for a survival, development and protection. In order to children grow up strong, healthy, competent and educated, it is necessary, that the rights of children were observed in all countries, and in Russia too. For lack of life experience children cannot always use the rights or refer to the appropriate authorities for protection of the rights and legitimate interests.

It is relevant that children knew their rights and could use them. Nowadays borders between the countries are erased, that’s why it is important to know the rights of children not only in your country, but also others.

The aim of work: the comparative analysis and disclosing of features of the rights of children in Russia and Great Britain.

The object of research is the rights of children in Russia and Great Britain, the basic acts protecting these rights.

The subject of research is a legal status of children, concept of children’s rights, to get acquainted with the rights of children in Russia and Great Britain.

For achievement of the aim it is necessary to solve following tasks:

• to study the rights of children in Russia and Great Britain
• to study the Convention of the Rights of the Child
• to lead the comparative analysis of the maintenance of the rights of children in Russia and Great Britain
• to conclude on the basis of the received data

1. THE BASIC DOCUMENTS PROTECTING THE RIGHTS OF THE CHILD

1. Russian legislation that secure the rights of the child

The Russian Constitution, which was adopted in 1993, provides for the state protection of childhood, motherhood, and the family. According to the Constitution, hundreds of laws, presidential decrees, government resolutions, executive regulations of specific agencies, and legal acts of the constituent components of the Russian Federation are supposed to secure rights of children.  The primary documents in this field are the Family Code of the Russian Federation and the Federal Law on Basic Guarantees of the Rights of the Child in the Russian Federation of July 21, 1998. Child protection policy is also affected by the implementation of relevant provisions of such legislative acts, as the Civil Code, Labor Code, Housing Code, Criminal Code, Criminal Correctional Code, Fundamentals of Health Care Legislation, Federal Law on State Assistance to Individuals having Minor Children, Federal Law on State Support of Youth and Children’s Organizations, Federal Law on Social Assistance, and many others.

As a legal successor to the former Soviet Union, Russia became a party to the International Convention of the Rights of the Child (CRC), which was ratified on August 16, 1990. On February 15, 2001, Russia signed the Optional Protocol to the International Convention of the Rights of the Child on the Involvement of Children in Armed Conflict. After the Convention was ratified, Russia attempted to bring its domestic legislation in accordance with international obligations in the field of children’s rights protection. The Federal Law on Basic Guarantees of the Rights of the Child in the Russian Federation of July 21, 1998 repeats all the provisions of the CRC.

2. The basic acts which protect the rights of the child in Great Britain

Within the United Kingdom of Great Britain and Northern Ireland, England and Wales is the component nation in which largely English law prevails.  This report does not address children’s rights in Scotland or Northern Ireland, although a number of the provisions discussed in the paper may also apply to them.  The common law in England and Wales provides that the responsibility for the care and protection of children is with their parents “as guardians by the law of nature, and on the Crown as parens patriae,” with the powers of a child’s parents somewhat limited in certain areas by law.  There are a number of substantive pieces of legislation affecting children and their rights in a number of different areas.  The most substantive piece affecting children and their basic rights to a secure and safe environment is the Children Act 1989.  This Act introduces the term ‘parental responsibility’ rather than the common law concept of custody.  Parental responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property.”

The age of majority for children in England and Wales varies; there are many age related rules that distinguish between children of different ages for different purposes.  The age of majority typically ranges from between sixteen years of age (in which school no longer becomes mandatory) to eighteen years of age (for voting rights and the consumption of alcohol).

Children’s rights are provided by a large number of laws – some that specifically were enacted to protect children, and others that contain just a few sections that pertain to children but provide them with essential rights.  There are numerous pieces of legislation that provide children with rights in the areas of education, medicine, employment and the justice system.  Given the volume and complexity of these laws, this report provides a necessarily broad overview of the substantive pieces of legislation as they affect children’s rights in these areas.

The United Kingdom is party to numerous treaties regarding the rights of children, notably the United Nations Convention on the Rights of the Child, ratified 12/16/1991;

Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, signed 9/7/2000;

Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, ratified 6/24/2003;

United Nations Declaration of the Rights of the Child, ratified 1/15/1992;

European Convention on the Adoption of Children, ratified 12/21/1967, entered into force 4/26/1968;

European Convention on the Legal Status of Children born out of Wedlock, ratified 2/24/1981, entered into force 5/25/1981;

Convention Against Discrimination in Education, accepted by the UK 3/14/1962;

Convention for the Protection of Human Rights and Fundamental Freedoms, acceded to 2/24/1967;

Hague Convention on the Civil Aspects of International Child Abduction, ratified 10/20/1986;

Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, signed 1/4/2003;  

Hague Convention on the Protection of Children in Intercountry Adoption, ratified 2/27/2003;

European Convention on the Adoption of Children, ratified 12/21/1967;

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, acceded to 7/9/1970;

International Covenant on Civil and Political Rights, ratified 5/20/1976;

Convention on the Elimination of All Forms of Discrimination Against Women, ratified 4/8/1976;

The European Convention on the Recognition and Enforcement of Decisions Concerning the Custody of Children, ratified 4/21/1986;

Minimum Age Convention, ratified 7/6/2000;

Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, ratified 3/22/2000.

2. THE FUNDAMENTAL RIGHTS OF THE CHILD

IN RUSSIA AND GREAT BRITAIN

1. The fundamental rights of the child in Russia

Child Health and Social Welfare

The right to health care is one of the most important social and economic children’s rights.  The basic legal principles of health care for minors were defined by the Fundamentals of Russian Federation Legislation on Health Care.This legal act established federal guarantees of receiving free medical assistance by children in all state and municipal health care establishments. Free immunization of children is prescribed by law, and more than ninety percent of Russian children are immunized.  Many regions legislated to create state legal norms that provide for additional protection of children’s health.  They extend the number of medical procedures and treatments provided without charge, in addition to those covered by mandatory medical insurance under federal legislation, allow for free distribution of medicines to children under three years of age, and require qualified medical assistance in all nursing and child care facilities.

According to the Constitution, social welfare is guaranteed to everyone because of age, for the upbringing of children, and in other cases established by law.   Under the Federal Law on State Subsidies to Individuals with Children, monetary assistance is provided in the following forms:

• assistance during pregnancy and for childbirth;
• one-time assistance to the women who registered with medical institutions during the early terms of pregnancy;
• monthly assistance during the eighteen-month maternity leave period after the child birth; and
• monthly assistance for each child until the child reaches the age sixteen or graduates from an educational institution, but no later than eighteen years.

Education, Including Special Needs

The right to education is secured by article 43 of the Constitution and is guaranteed by Federal Laws on Education, on Higher and Continuing Professional Education, on Reimbursement of Food Expenditures for Students of State and Municipal Institutions of Professional Education, the Labor Code, and statutes of educational institutions.  The Government Regulation of April 28, 1994, on Urgent Measures to Support Education in Russia provided for a program of educational development and contained necessary mechanisms to guarantee social support for students.  Administratively, the federal Ministry of Science and Education and its territorial branches is responsible for conducting state policy in the field of education. The first level of organized education consists of preschool institutions, called kindergarten, which cater for children from two months up to six years.  Although they are heavily subsidized by the state, parents of children attending kindergarten have to pay a fee depending on family income and the length of daily stay of a child in the kindergarten.  Although attendance in kindergarten is not obligatory, many regions legislate that attendance of the last year of kindergarten shall be obligatory in order to prepare the child for attending school.   Primary and secondary education in Russian schools is combined, and children between six and eighteen years of age attend the twelve-year school.  A ten-year school education is mandatory, according to the Federal Law on Education.  Obtaining mandatory secondary education is a constitutional responsibility of each citizen.  The obligation to attend school is to be enforced in regard to each individual under fifteen years of age. Schools are designated to cover a certain district, and all children within the district must attend the district school if they are not attending a private or public magnet school.  It is illegal to deny acceptance to a child into a public district school, although schools often circumvent this requirement by introducing entry tests and creating special classes with extended study of particular disciplines.  Subsidized meals are provided by local authorities.  The curriculum and program of schools are developed by the federal Ministry of Science and Education, but some regional variations, depending on local initiatives and/or specifics, are allowed.  All students are subject to standardized testing.  During the course of market reform, education in Russia became partially fee-based.  Pre-school and mandatory secondary education, including professional, at public educational institutions remained free; the growing financial inequality of population, however, substantially limits equal opportunities declared by law.  Legislation provides for the following basic principles of the Russian educational system: humanity, respect for universal human values, exclusion of religious influence, unity of the federal educational standards, consideration of ethnic and regional cultural specifics, and adaptation to the abilities of the students.  Completion of a secondary school course gives the right to seek admission to institutions of higher education, where about one-fifth of the seats is reserved, according to the federal government plan, for tuition-free education of students with the best grades; the rest are fee based.

Child Labor and Exploitation

Under the Labor Code, individuals under eighteen years of age are subject to certain limitations on legal capacity, special limitations, and certain protection in the field of labor relations. The usual age of employment is sixteen, although in special cases, a minor may start work at fifteen, and even at fourteen if additional requirements have been met.  The procedure of receiving approvals and permits for hiring a minor under sixteen is cumbersome, and employers usually do not hire minors under sixteen in order to avoid bureaucratic problems.  All minors can be hired only after a medical examination.  An annual medical examination of all employees under eighteen also is required.  Labor law provides special protection to minors in its regulation of working hours and conditions; for instance, a minor’s vacation cannot be less than thirty-one calendar days; it cannot be postponed to the next working year or commuted for cash.  Article 265 of the Labor Code contains the list of works prohibited for minors because of negative impact on the health and moral development of a minor.  This list includes work with hazardous materials, underground work, and work which requires moving heavy weights over the limits established by sanitary norms.  This prohibition is mandatory and applies to all enterprises regardless of their legal status and possession.  Minors cannot be sent on business travel, they cannot work overtime, at night, or during weekends and holidays.

Article 270 of the Labor Code contains two rules regarding the lessening productivity norms for minors.  Because minors are working shorter business hours and have less professional skills, their productivity norms shall be established proportionally to their working time.  The second rule affects minors who were hired after they graduated from vocational schools.  Lower productivity rates can be established for them as well.  Unlike old Soviet legislation, which provided for the same tariff rates for paying the wages of minor workers as for those who were older than eighteen, Russia’s Labor Code specifies that the salary of a minor shall reflect his shorter length of work day.  

2. The fundamental rights of the child in Great Britain

Child Health and Social Welfare

The United Kingdom does not have a written constitution that provides any guarantees regarding access to healthcare.  It does, however, have a comprehensive national health service founded on the principle of providing treatment according to clinical need rather than the ability to pay.  The Secretary of State has a number of statutory responsibilities under the National Health Service Act 1977 to ensure that, where possible, a free and comprehensive health service is provided in England and Wales to improve both the physical and mental health of the people of the country and to prevent diagnose and treat illnesses.

The government has recently introduced a National Service Framework, which provides that healthcare services for children should be designed and delivered around the particular needs of children. The framework intends “to lead to a cultural shift, resulting in services being designed and delivered around the needs of children and families.”

Education

Education is funded by the government and the way in which it is provided is governed primarily by statute and a voluminous amount of secondary legislation, although some aspects of the common law continue to exist in the educational setting, such as the duty of care owed by education authorities and their employees regarding the care and supervision of students.  The primary legislation in this area is the Education Act 1996; the Education Act 1997; the Education (Schools) Act 1997; the Special Educational Needs and Disability Rights Act 2001; the Further and Higher Education Act 1992; the Learning and Skills Act 2000; the Teaching and Higher Education Act 1998; and the School Standards and Framework Act 1998 as amended and supplemented by the Education Acts of 2002 and 2005.  These Acts together provide the framework for the provision of nursery education for children that are not yet old enough for compulsory education and primary and secondary education for children and teenagers and cover issues such as funding; governance; staffing; admissions and attendance.  

The right to an education is provided for in a number of international conventions to which the UK is a party, notably the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention on Human Rights and the Universal Declaration of Human Rights.  Further to this, the Education Act 1996 imposes a duty on the Secretary of State to “promote the education of the people of England.”  When performing the duties under the various Education Acts, the Secretary of State must regard the general principle that pupils should be educated in accordance with the wishes of their parents “so far as that is compatible with the provision of efficient instructions and training and the avoidance of unreasonable public expenditure.  The Convention for the Protection of Human Rights and Fundamental Freedoms also provides for the principle that parents have the right to ensure that any education or training conforms with their own religious and philosophical beliefs; this principle, however, is only valid in England insofar as it is “compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure.”  These issues typically arise with regard to the provision of religious and/or sex education.  The typical resolution of these issues is that parents request that their children are wholly or partly excused from these educational classes.

Child Labor and Exploitation

There are extensive laws and regulations regarding child labor and exploitation in England and Wales.  The main legislation restricting the use of children in employment is the Children and Young Persons Act 1933.  The term “child” in this context is defined as anyone of compulsory school age (up to age sixteen).  The general rules are that no child may be employed under the age of fifteen years, or fourteen years for light work; be required to work during school hours; before 7 a.m. or after 7 p.m. on any day; or be required to work for more than two hours on any day they are required to attend school, for more than twelve hours in any week they are required to attend school; or for more than two hours on Sundays.  For non-school days, children under the age of fifteen may work up to five hours a day on days that they are not required to attend school, not including Sundays, up to a maximum of twenty five hours per week. Those aged fifteen years or older may work up to eight hours per day on any day school attendance is not required, up to a maximum of thirty five hours per week, with the limit to working a maximum of two hours on a Sunday still applying.  Anyone employing children over the age of fourteen must provide them with at least a one hour break after they have worked four or more hours.  It is an offense to employ a child in contravention of these laws, punishable by a fine.  Additional provisions are applicable to children in the entertainment industry, which provides an exemption: that the children can perform certain duties under a license.  Local authorities can also make by-laws to further restrict the hours or circumstances in which children may work.

3. THE ANALYSIS OF THE FUNDAMENTAL RIGHTS

OF THE CHILD IN RUSSIA AND GREAT BRITAIN

Let's consider in more detail the rights of the child in Russia and Great Britain; they are divided by age categories.

From birth to the age of ten children have the right to a name, a nationality, a family, a free health service and the right to attend school.

10 – 14 year-old child in Russia has the right to change his/her first name or surname, to agree to the adoption or restoration of the parental rights, to express his/her opinion about  living with one of his/her parents after their divorce, to be heard in any judicial or administrative proceedings.

In Great Britain children can buy a pet without his/her parents’ consent, get a job (but the law allows children to work only two hours a day on school days), get their ears pierced without their parents' consent, enter a bar (but you can only buy soft drinks, the law forbids you to buy or drink alcohol), but a law makes 14-years-old children fully responsible for your criminal actions, boys can be sent to special prison for young people.

At the age of 14 – 16, Russian children can get married only with good reasons and by local municipal authority permission, take driving lessons with a driving instructor, sign a Labour Contract and they bear criminal liability for all crimes.

Children in Great Britain have the right to work full time, to join the Army with parents’ consent (boys), to buy cigarettes, to buy beer and wine, to leave home without parents’ consent, to rent apartment.

In Russia 17 year-old boys are waited for military registration. In Great Britain 17 year-old children can get a driving licence, join the Army with parents’ consent (girls), and buy firearms and ammunition.

The eighteen-year citizens both in Russia and Great Britain become adult and can use any rights and impose any duties on themselves.

Differences of the rights and principles of protection of the child in Russia and Great Britain:

3. Research knowledge about the rights of the child

I have led a survey on legal education among pupils of my school. I asked them the questions:

1. Do you know your rights?
2. Do you think it is necessary to know your rights?
3. Do you know documents in which your right and duties are written down?

The results of this survey you can see in diagram below.

Diagram 1

CONCLUSION

In spite of the efforts of the international community and Russia’s non-governmental organizations, there is no machinery yet for making Russia a country with a developed legal system and enforceable legislation aimed at the protection of children.  It all depends on the degree of realization by Russia’s leadership of the gravity of this problem and on its civilized standards for solving it effectively and protecting its underage population.

Implementation of international legal norms in Russia is complicated by the fact that these norms are rarely publicized and popularized in the country.  Educators and social workers involved in child affairs are often ignorant of basic human rights principles and international requirements in regard to the children’s rights, and such issues are not taught in Russian universities.

The statutory framework for the basic protection of children once in England and Wales is provided for through the Children Act 1989 and the Children Act 2004.  The Children Act 1989 places a duty on local authorities to prevent children in their area from suffering ill treatment or neglect by ensuring services are provided for them[89] and to investigate any situation where a child in their area is subject to an emergency protection order; is in police protection; or if there is reasonable cause to suspect that the child is suffering or likely to suffer from significant harm.[90]  

Overall, the legal regime applying to children’s rights in England and Wales is voluminous and complex, with a large number of Acts providing varying rights for children.  As an industrialized Western nation, children do have relatively extensive rights regarding both their protection in areas such as the criminal justice system and their entitlement regarding heath and education.

To sum up, I have studied the rights of the child in Russia and Great Britain. I have studied the Convention on the Rights of the Child. I have led the comparative analysis and disclosing of features of children’s rights in Russia and Great Britain:

• The fundamental children’s rights in both countries are similar, because they are based on the Convention on the Rights of the Child.
• But in Great Britain there are more documents which protect the rights of the child, that’s why it seems that children in Great Britain are more defended.
• Children in Russia should study their rights more, use them, and then they will be more defended, too.

I would like to conclude with words of Samuel Smiles: «To make people good citizens, they should be given opportunity to use their citizens’ rights and perform duties of citizens».

BIBLIOGRAPHICAL LIST

1. Конституция Российской Федерации от 12 декабря 1993 года
2. Лобанова Т.В. Роль социальной службы (Social Services) в механизме защиты прав ребенка в Англии//Социальное и пенсионное право. 2006.

№ 4.

3. Семейный кодекс РФ от 29.12.1995 года № 223-ФЗ//Собрание законодательства РФ. 01.01.1996. № 1. Ст.16.
4. Трудовой кодекс РФ от 30.12.2001 года № 197-ФЗ//Собрание законодательства РФ. 07.01.2002. № 1 (ч.1). Ст.3.
5. «Конвенция о правах ребенка».
6. Абрамов В.И. Международная защита прав ребенка//Международное публичное и частное право. 2006. № 3.
7. Конституционная защита прав ребенка в России и Англии// Статья Евразийского юридического журнала № 4 (71) 2014г.
8. https://www.loc.gov/law/help/child-rights/russia.php
9. https://www.loc.gov/law/help/child-rights/uk.php
10. https://en.wikipedia.org/wiki/Category:Children's_rights_in_the_United_Kingdom
11. http://humanrightshouse.org/Articles/6619.html
12. https://en.wikipedia.org/wiki/Human_rights_in_Russia

Appendix 1

Анкета для учащихся по правовому воспитанию

1. Do you think it is necessary to know your rights?

Yes                              No                  

2. Do you need the rights?

        Yes                              No                  

3. Do you know your rights?

       Yes                              No                  

4. Where do you appeal to if your rights are violated?

     - Law enforcement authorities

     - Legal and psychological assistance centre

     - Helpline

     - Your variant _______________________________________________

5. From what sources would you like to receive the information about your rights?

     - Special lessons at school

     - Consultations of the lawyer

     - Children’s rights centre

     - Mass media (TV, radio, newspapers, magazines)

     - Parents

     - Your variant ________________________________________________

6. What basic code of laws works in our country today? __________________________________________________________________

7. What human rights are guaranteed with the Constitution of the Russian Federation? __________________________________________________________________

8. Do you know the rights of schoolchild?

    Yes                              No                  

9. Do you know the duties of schoolchild?

    Yes                              No                  

10.Do you know documents in which your rights and duties as schoolchild are written down?

Yes                              No                  

11.Write names of these documents: ____________________________________________________________________________________________________________________________________