On sources of civil justice of minors in the information sphere

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On sources of civil justice of minors in the information sphere

Kurbonalizoda Nurullo Shamsullo

candidate of law, associate professor of the faculty of law

Tajik national university

734025, Republic of Tajikistan, Dushanbe, Rudaki Ave. 17.

Azizzoda Mastonа Ibrohim

graduate student of the first year of law school

Tajik national university

734025, Republic of Tajikistan, Dushanbe, Rudaki Ave. 17.

Annotation: The article considers the question of the legal personality of the minor children in the sphere of information activities in the Republic of Tajikistan. They are determined by information rights and duties of the minor children according to the national legislation.

Key words: Informational rights of a minor children, legal subjectivity of a minor children, informational obligation, sources of the rights of a minor children on information, harmful information, protection of informational rights, restriction or rejection to information access.

Об источниках гражданской правосубъектности несовершеннолетних в информационной сфере. Курбонализода Нурулло Шамсулло, Азиззода Мастона Иброхим

Аннотация. В статье рассматривается вопрос о правосубъектности несовершеннолетних детей в сфере информационной деятельности в Республике Таджикистан. Они определяются информационными правами и обязанностями несовершеннолетних детей в соответствии с национальным законодательством.

Ключевые слова: Информационные права несовершеннолетних детей, правосубъектность несовершеннолетних детей, информационное обязательство, источники прав несовершеннолетних детей на информацию, вредная информация, защита информационных прав, ограничение или отказ в доступе к информации.

After gaining state independence Constitution of the Republic of Tajikistan (1994) in chapter 2 «Rights, Liberties, basic duties of a man and citizen» is used not only term «citizen», but also term «man», uniting them into notion «every». By this civilized approach the main law includes citizens of their country into the system of international law, recognizing and protecting the rights of a man independently from its national-legal status. According to part 1, article 23 of the Constitution of the Republic of Tajikistan everybody is ensured by secret of correspondence, (tele)tel. conversations, telegraph and other personal messages except cases stipulated by law. For implementation of the given right in part 2 of the same article of the main law is provided that collection, keeping, usage and spreading information about private domain (personal life) of a human without his agree (accord) are prohibited. This order is spreaded also to minor children.

In our opinion, sources of legal subjectivity of minor children in information sphere are divided into international legal acts and national legislation. On international level ground (fundamental) significance has convention on the rights of child, preamble of which says that member countries of this convention «….ascertained in that family as the first partition of society and also natural environment for wellbeing of all members, especially. For children, for productive functioning inside this society must be ensured by necessary protection and support…» Recognizing that for intect and harmonic development of a child it is necessary family surrounding, declaration reads that a child before born and after born they are necessary definite guarantees and defence by the legislation [7] it should be noted that a given Convention under the notion of a child it is understood natural natural person not achieved the age of 18, that is including minors. information right duty minor

In different articles of the present Convention more elaborately expressed legal subjectivity of minor children in information exchange. For instance, in accordance with article 13 of this Convention minor has the right to express his opinion freely. This right includes freedom to search, to get and to address in formation and any ideas independently from border in oral, written or printed forms. It is also said in part 2 about some limits of implementation of this right, which provided by law and are necessary for the respect of rights and reputation of other persons or for the safeguard of state security, or public order, or health, or morality of population.

Convention on the rights of child provides obligations of states participants in the sphere of respect of rights of minor children for freedom of speech, thought awareness and religion. States-participants to lead minors in using his rights by method of according with developing abilities of minors. Freedom of (shrive) belief in his own religion may be undergone only such limits which defined by law.

Convention also regulates access of minors to information. In article 17 it is provided that participants-states recognize important role of mass media and ensure in order minor children should have access to information and materials from various national and international sources especially to information and materials which directed to the assistant of social, spiritual and moral well-being, as well as healthy physical and mental development of a minor [9,106-776] with this aim participant states:

a) to encourage mass media to spread of information and materials, useful for minor children in social and cultural relations;

b) encourage international cooperation in the field of preparing, exchange and spread of such information and materials from different cultural, national and international sources;

c) encourage outcome and spread of children's literature;

d) encourage mass media to pay special attention to language needs of a minor belonged to any group of minority or native-born population;

e) encourage working out necessary principles of protection of minors from information and materials caused harm to his well-being taking into consideration the situation [articles 13 and 18].

One of the main forms of manifestation is the right to education. That's why in article 28 of Convention provided that participants states recognize the right of a child to educations and with the purpose of gradual achievement of of implementation of this right on the basis of equal possibilities they do the following tasks:

a) introduce free of charge and obligatory initial education;

b) encourage development of different forms of high education as general and professional, ensure its access for all children and take such necessary measures as introduction free of charge education and representation in case of necessity financial and help;

c) ensure access to higher education for all on the base of abilities of everybody with the help of all necessary means;

d) ensure access to information and materials in the field of education and professional training for all children ;

e) take measures on assistance of regular attendance of school and decreasing number of pupils, left schools. [9]

Other source on international level may be considered Cairo Declaration on Human Rights in Islam. Article 7 says: «From the moment of birth every minor child has the right to necessary care, education, as well as material, hygienic and moral support which must be ensured by parents, society and state. As for the child so for the mother is necessary special care and support by the legislation».[5]

On international level as a source of rights of minors on information may be included The universal Islamic Declaration says:

a) every man has the right to express his thoughts and beliefs on that measure and degree on which it permitted (provided) by law. Nobody has the right to spread wrong information directed with aim of to do harm on public morality or libel and belittlement, or to damage to prestige of others;

b) it must not be any obstacles on spreading information, if it is not dangerous for the interests of state or society and doesn't come out of the limits, provided by law. Further in article 21 provided that every person has the right to education according to their born abilities and possibilities.

In point 2 of this article it also said that everybody has the right on free choice of profession and career and opportunity most Full development their born abilities. [1]

Article 19 of Universal Declaration of Human Rights provides the right of everybody to search freely, get and spread information and ideas by any means and independently an state borders.

To the number of international sources of minors rights on information it may be also included international Pact on civil and political rights and European convention on human rights defense and main freedoms. In part 2 of article 19 on international pact on civil and political rights was determined that everybody has the right to express his opinion freely, this right include freedom of search , get and ideas independently from state borders orally, in written or publish in newspapers, as well as by means of from literary forms of expression or by other ways on own choice.

Article 10 of European convention on human rights defense and main freedoms says: “everybody has the tight to express his opinion freely”.

This right includes the freedom of support one's own opinion, to get and to spread information and ideas without interference by state bodies and independently of state borders [8,174].

Law of the Republic of Tajikistan «On information» provides that the citizens have the right to information, put Fundamental legal basis information. ThTTough the law doesn't regulate the questions of establishing and using information technologies it should be however recognized that in it there are provided two main guarantees of ensuring the right to information. This is the duty of state power bodies and local self-government to create accessful in Formation resources for citizens and accordingly possibility of citizens to appeal acts or decisions, directed to limit or refuse in access to information. In this respect it may be recommended a number of concrete measures, directed to overcome of existing shortages and increasing efficient structurized role of law. In opinion of SH.K Gayurov it is necessary as well as in article 28 of Law the Republic of Tajikistan «On information» to introduce the following addition: «To oblige bodies and organizations with duty to spread for general report (data) became them known under implementation his activity this information, if this information can prevent threat for life or health of citizens, if it demands to stop of spreading false information, if this information has or can have public significant character” [4].

In national legislation legal subjectivity of minor children in information sphere based, first of all, on Constitution of RT, Civil Code of RT, Laws of RT ”On Information” “On informatization”, “On protection or information” and other normative legal acts. Acting legislation of the Republic of Tajikistan doesn't define for minor children any limits in access to information. In accordance with Constitution of RT (article 30) everybody has the right freely to search, to get, to transmit, to produce and to spread information by any legal way. This regulation of the Constitution of RT, in accordance with article 17 of Convention an the right of the child ensures to every minor child possibility of access to information and materials, which directed to the assistance of his social, spiritual and moral well-being as well as healthy physical and mental development. Situation is compounded by that minor children often because of their physical and mental immaturity can not understand his actions Fully, “to clean” representing him information, critically to perceive directed to him actions of the others.

One of the main sources of minors'right on information is Civil Code of the Republic of Tajikistan. According to part 2 article 140 of Civil Code of RT information of the object of civil rights. In our opinion, given norm also spread on the minors' right to information.

According to the law of the Republic of Tajikistan “on Information” [3] minor children are users of information services. That's why it is necessary to introduce following amendments in this law: to prohibit public spread of malicious information. To malicious information may belong: information directed to inciting hatred; the feud, violence including caused by social, racial, national or religious hatred, the feud, feeling of superiority, strife , intolerance: information containing calls to war and mass disorder; about (false) information including unfair, false, obvious about (false) advertisement; information maintaining encroachment; honour, kind name and business reputation including pornography, unethical advertisement; information providing destructive impact on people's health including advertisement with hidden inserts. In case of spreading such information, it should be provided punishment of subject representing such kind of information, for breach of given norm.

So, to the number sources of legal subjectivity of minor children in information sphere can belong the following: on international level -Universal declaration of Human Rights, Convention on child's rights, International Pact on civil and political rights of Human, European convention of protection of the rights of the man and basic freedoms, International Pact on economic, social (public) and cultural rights of a man. Convention of CIS on the rights and the main freedoms of a man, Cairo Declaration of the rights of a human in Islam, Universal Islamic declaration of human rights and others.

In national legislation sources of the minors'rights on information are Constitution of the Republic of Tajikistan, Civil Code of RT, Laws of RT “On Information” “On informatization”, “On press and other mass media”, “On protection of information” and legislative acts, provided norms of rights of a man on information. Summarizing my conclusions deliberately considering the question we can say, that regulation the relations connected with production, possession, usage and spreading information with the participant of minors already regulated (settled) in international-recognized acts with implementation of norms which RT has definite obligations.

Sources of legal subjectivity of minors will be more adequate for modern needs, if in them will be rational combination of national tradition and advanced (progressive) experience (practice) of legal regulation.

Literature

1. The universal Islamic Declaration of human rights, adopted on 19, September, 1981, the Islamic Council of Europe in Paris.http://www.worldislamlaw.ru /archives /122. (the date of the circulation 12.09.2012).-p.8

2. Gayurov Sh. K. personal information the right of citizens: the problem of civil-legal regulation in the Republic of Tajikistan. M: Publishing house “Sputnik”, 2010.-p.360

3. The law of Republic of Tajikistan “On informatization”, AkhboriMajlisiOli of the TJ.2001.№7 p.502.-p.11

4. The law of Republic of Tajikistan “On information”, AkhboriMajlisiOli of the TJ.2002.№4p2. p.320.-p.10

5. The Cairo declaration of human rights in Islam, Cairo, 5 August1990. p.5

6. Convention on the right of the child, adopted by General Assembly resolution 44\25 of 20 -November 1989. http://www/Lawmix.ru/abro.php?id=11489. (the date of the circulation 16.02.2011).- p.230-239

7. International law in the documents: textbook / ed.:N.T. Blatova, G.M. Melkov. -4 -e izd. added and more. -m.2003.-p.880

8. The universal collection of international and national instruments on human rights - Dushanbe. 2010.-p.234

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