Active position of ukrainian youth concerning protection of children’s rights during state of war

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Active position of ukrainian youth concerning protection of children's rights during state of war

Захра Рагімлі

здобувач вищої освіти III курсу Науковий керівник -

Ірина ЦАРЬОВА,

професор

Дніпропетровський державний університет внутрішніх справ

Nowadays the youth of Ukraine cannot ignore such an important issue as protection of children's rights during the state of war. Article 51 of the Constitution of Ukraine dated June 28, 1996 declares that the family, childhood, motherhood and fatherhood are protected by the state. According to Part 1 of Art. 5 of the Family Code of Ukraine dated January 10, 2002, the state protects the family, childhood, motherhood, parenthood, and creates conditions for strengthening the family. At the international legal level, the issue of special protection of the most vulnerable part of the planet's population - children, which arose in connection with the state of war on the territory of Ukraine [1, p. 23].

The fact that the rights and interests of children are particularly significantly affected by armed conflicts and deserve special protection is also subject to scientific qualification: children, passing through critical stages of their development, feel the impact of war to a much greater extent than adults; it is more difficult for children to adapt to or react to a conflict situation; they almost never bear responsibility for the conflict; to a much greater extent than adults, they depend on the protection provided by the family, society and the law in peacetime [1, p. 34]. ukrainian children right

Mass media constantly report on terrible cases of violation of children's rights, for example, in Kyiv, Mykolaiv, Mariupol and other territories of Ukraine where active hostilities are taking place.

The Institute for the International Protection of Children's Rights, which is a set of international legal principles and norms that determine the rights of children, that establish the obligations of states to ensure and implement these rights in practice, as well as international mechanisms of control over the state's fulfillment of its international obligations. The beginning of the international legal protection of the rights and interests of children belongs to the law of the League of Nations, which developed in parallel with the general international legal regulation of human rights under the auspices of the United Nations. These processes were closely interconnected and interdependent. International legal norms on children's rights and child protection are a component of general norms on human rights in civil law [2, p. 17].

The documents regulating the rights of children during armed conflicts include the Declaration of the Rights of the Child in 1924, the Declaration on the Rights of the Child in 1959, and the Convention on the Rights of the Child in 1989. International legal acts of a universal nature protecting the rights and interests of children are of great importance. These include: The Universal Declaration of Human Rights of 1948, as well as the International Covenants on Human Rights of 1966, relating to the protection of civil and political rights, economic, social and cultural rights. Currently, the Convention on the Rights of the Child has been ratified by almost all countries of the world, including Ukraine. The Convention recognized the child as a full member of society. The Convention is a comprehensive document in the field of protection of children's rights and is recognized as a basic document for all other documents related to the legal protection of childhood and youth. It reflects the rights of children, dedicated to any special issues, including armed conflicts.

The humane focus of these international legal acts makes them an indispensable source that regulates all cases that children may encounter during armed conflicts. In the conditions of war, children on the territory of Ukraine become not only victims, but sometimes also persons who themselves commit violence [2, p. 22]. Children are turned into a means of waging war, they are systematically recruited into the armed forces or kidnapped to turn them into child soldiers, as a result of which they are forced to translate into violent form the hostile feelings felt by adults [2, p. 31]. Current international civil law is based on the principle that children should not be directly involved in armed conflicts. However, this principle has limitations, considering a child to be a person who has not reached the age of 14.

During the war, all the rights of the child are violated: the right to life, the right to be with family and community, the right to health, the right to personal development, as well as the right to care and protection. Currently, the Law of Ukraine "On the Protection of Childhood" is the main law of Ukraine regulating the situation with children in armed conflicts. According to it, a child injured as a result of hostilities and armed conflicts is considered to be "a child who, as a result of hostilities or armed conflict, was injured, contused, maimed, suffered physical, sexual, psychological violence, was abducted or illegally taken outside Ukraine, involved to participate in military formations or was illegally detained, including in captivity." The state is obliged to take all necessary measures to ensure the protection of these children, care for them and their reunification with family members (in particular, search, release from captivity, return to Ukraine of children illegally taken abroad) [3].

The Geneva Convention also contains special provisions on the protection of children from the consequences of hostilities. According to Article 14 of the Convention, children under the age of 15 and mothers of children under the age of 7 fall under the category of civilian population, for which special sanitary or safe zones can be created. Likewise, children and women in labor are included in the category of civilians who must be evacuated from besieged or surrounded areas (Article 17). In accordance with Article 23 of the Convention, the free passage of parcels intended for children under 15 years of age should be allowed.

In Ukraine, there is no legislation that specifically regulates the protection of children during the war. There are a number of provisions on this issue in the legislation regulating the legal status of certain categories of the population. Thus, the law «On the Rights of the Child» prohibits the involvement of children in military operations, armed conflicts, the promotion of war and violence among children, the creation of military formations [4].

In conclusion, it can be noted that the UN Committee on the Rights of the Child demanded that Russia immediately stop military operations on the territory of Ukraine and fulfill its obligations to protect children from physical and psychological violence. According to the Committee, during the armed conflict, at least 150 children were killed, 400 children were injured, the UN press service reports. Ukrainian children are currently experiencing terrible suffering: they are killed and maimed. Many are separated from their families. In my opinion, children experience an unbearable level of fear and anxiety. If we turn to the Convention on the Rights of the Child, then it is determined that children even in conditions of war have the right to life, development, education, care, assistance and protection at any time. It is worth noting that, unfortunately, children's rights are violated during military conflicts and it is our duty to struggle for justice.

References

Gorbunova L.M., Bogachov S.V., Ivanchuk I.F. Civil rights of minors and minors and their civil liability. Kyiv: Polygraph-Express, 2008. 48 p.

Burlaka O. S. Problems of social protection of family, childhood, motherhood and parenthood in Ukraine: autoref. thesis ... Doctor of Law. of science Kyiv, 2017. 36 p.

Law of Ukraine «On the Protection of Childhood» URL: https://zakon.rada.gov.ua/laws/show/2402-14#Text (date of application: 21.03.2023).

Children and armed conflicts. URL: https://warchildhood.org/ua/children- and-armed-conflict-legal-framework/ (access date: 21.03.2023).

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