Движение за права детей: история и современность

The Children's Rights Movement is a historical and modern movement committed to the acknowledgment, expansion, and/or regression of the rights of children around the world. This act laid several constitutional laws for the growth of a child's mental and physical health. (Not to be confused with Youth rights). It began in the early part of the last century and has been an effort by government organizations, advocacy groups, academics, lawyers, lawmakers, and judges to construct a system of laws and policies that enhance and protect the lives of children. While the historical definition of child has varied, the United Nations Convention on the Rights of the Child asserts that "A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." There are no definitions of other terms used to describe young people such as "adolescents", "teenagers" or "youth" in international law. The concept of children having particular rights is a relatively new one. Traditional attitudes towards children tended to consider them as mere extensions of the household and 'owned' by their parents and/or legal guardian, who exerted absolute parental control. Views began to change during the Enlightenment, when tradition was increasingly challenged and the value of individual autonomy and natural rights began to be asserted. The Foundling Hospital in London was founded in 1741 as a children's home for the "education and maintenance of exposed and deserted young children". Thomas Spence, an English political radical wrote the first modern defence of the natural rights of children in The Rights of Infants, published in 1796.

With the onset of the Industrial Revolution, children as young as six began to be employed in the factories and coal mines in often inhumane conditions with long hours and little pay. During the early 19th century this exploitation began to attract growing opposition. The terrible conditions of the poor urban children was exposed to liberal middle class opinion, notably by the author Charles Dickens in his novel Oliver Twist. Social reformers, such as the Lord Shaftesbury, began to mount a vigorous campaign against this practice. Ameliorating legislation was achieved with a series of Factory Acts passed during the 19th century, where working hours for children were limited and they were no longer permitted to work during the night. Children younger than nine were not allowed to work and those between 9 16 were limited to 16 hours per day. Factories were also required to provide education to the apprentices in reading, writing and arithmetic for the first four years. An influential social reformer was Mary Carpenter, who campaigned on behalf of neglected children who had turned to juvenile delinquency. In 1851 she proposed the establishment of three types of schools; free day schools for the general population, industrial schools for those in need and reformatory schools for young offenders. She was consulted by the drafters of educational bills, and she was invited to give evidence before House of Commons committees. In 1852 she established a reformatory school at Bristol. In the United States, the Children's Rights Movement began with the orphan train. In the big cities, when a child's parents died or were extremely poor, the child frequently had to go to work to support himself and/or his family. Boys generally became factory or coal workers, and girls became prostitutes or saloon girls, or else went to work in a sweat shop. All of these jobs paid only starvation wages. In 1852, Massachusetts required children to attend school. In 1853, Charles Brace founded the Children's Aid Society, which worked hard to take street children in. The following year, the children were placed on a train headed for the West, where they were adopted, and often given work. By 1929, the orphan train stopped running altogether, but its principles lived on. The National Child Labor Committee, an organization dedicated to the abolition of all child labor, was formed in the 1890s. It managed to pass one law, which was struck down by the Supreme Court two years later for violating a child's right to contract his work. In 1924, Congress attempted to pass a constitutional amendment that would authorize a national child labor law. This measure was blocked, and the bill was eventually dropped. It took the Great Depression to end child labor nationwide; adults had become so desperate for jobs that they would work for the same wage as children. In 1938, President Franklin D. Roosevelt signed the Fair Labor Standards Act which, amongst other things, placed limits on many forms of child labor. The Polish educationalist Janusz Korczak wrote of the rights of children in his book How to Love a Child (Warsaw, 1919); a later book was entitled The Child's Right to Respect (Warsaw, 1929). In 1917, following the Russian Revolution, the Moscow branch of the organization Proletkult produced a Declaration of Children's Rights.

Many countries have created an institute of children's rights commissioner or ombudsman, the first being Norway in 1981. Others include India, Finland, Sweden, and Ukraine, which was the first country worldwide to install a child in that post in 2005.

In 2005, in order to implement the UN Convention on the Rights of the Child, national Law for the Integral Protection of Children and Adolescents was enacted. This not only allows for protective measures for children, but also created the groundwork for a juvenile justice system. This system allows for children to be integrated back into society and established tactics to protect children from abuse and exploitation.

Australia is a participant to all significant treaties that impact on children's rights. The rights and protection of children are governed by both Federal and state and territory law.

There is a long history of children's rights in the U. S.[20] Many children's rights advocates in the U. S. today advocate for a smaller agenda than their international peers. According to the U. S, for the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Groups predominately focus on child abuse and neglect, child fatalities, foster care, youth aging out of foster care, preventing foster care placement, and adoption. [21] A longstanding movement promoting youth rights in the United States has made substantial gains in the past. Refer to the Convention of the Rights of a Child.

The Children's Rights Movement assert that it is the case that children have rights which adults, states and government have a responsibility to uphold. The UK maintains a position that UNCRC is not legally enforceable and is hence 'aspirational' only albeit a 2003 ECHR ruling states: "The human rights of children and the standards to which all governments must aspire in realizing these rights for all children are set out in the Convention on the Rights of the Child." (Extract from Sahin v Germany, Grand Chamber judgment of the ECHR, July 8, 2003). 18 years after ratification, the four Children's Commissioners in the devolved administrations have united in calling for adoption of the Convention into domestic legislation, making children's rights legally enforceable

The United Nations Convention on the Rights of the Child has 54 articles, each outlining a different right. They cover four different groupings of rights; survival, protection, development and participation. The Convention establishes a standard premise for the children's rights movement. It has been ratified by all but two countries; the United States and South Sudan. The US administration under Bush opposed ratifying the convention, stating that there were "serious political and legal concerns that it conflicts with US policies on the central role of parents, sovereignty, and state and local law." The convention is supplemented by the Optional Protocol on the Involvement of Children in Armed Conflict (against military use of children) and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (against sale of children, child prostitution and child pornography).

On October 7, 2020, the vote on United Nations Draft Resolution A/HRC/45/L.48/Rev.1 "Rights of the child: Realizing the rights of the child through a healthy environment" submitted by Germany (on behalf of the European Union), Uruguay (on behalf of GRULAC) was adopted. The Russian Federation Amendments L.57 and L.64 to include Parental Rights were rejected. Russian Federation, Ms. Kristina Sukacheva (Introduced L.57 L.64) Tasked with introducing the Convention language on parental rights, Russia ominously noted that governments voting against parents "deliberately shirk their international responsibilities to provide for the rights of the child". At the time of adoption, Uruguay stated that the incorporation of parental rights language, added by the Russian Federation, would "bring imbalance to the resolution and would also go against the spirit of the resolution". The assertion that parents knock children's rights out of "balance" directly contravenes the Convention on the Rights of the Child (CRC), the international community's most ratified treaty, which references parents, and their rights, repeatedly. Notably, the Russian addition was sourced word for word from the convention.

Presently, there are at least thirty countries that have some kind of non adult structure of parliament, whether nationally or in cities, villages or schools. Many children's parliaments, especially in wealthier nations, are oriented more toward children's education in politics than toward the actual exercise of power in adult political systems. On the other hand, some children's parliaments do exercise a degree of political power. One of the first children's parliaments, set up in the 1990s in village schools in Rajasthan, India, involves children aged six to fourteen electing child representatives who have been able to make genuine differences for their communities. Some children's parliaments, such as in the city of Barra Mansa in Brazil, have extensive powers over children's issues and control parts of the government budget. There are also private institutions which are largely governed by children, for instance democratic schools (including Sudbury schools).