The role of the UN in protecting children's rights

Human rights are basic standards to which every person is entitled, to survive and develop in dignity. The United Nations set a universal standard for human rights with the adoption of the Universal Declaration of Human Rights in 1948. Children (under age 18) also have specific rights, recognized in the 1989 Convention on the Rights of the Child, given their vulnerability and dependence. All children’s human rights apply to all children at all times, without exception. The provision and protection of children’s Convention rights is the primary responsibility of governments at all levels.

Although real progress has been made since the Convention was adopted, children are still dying in appalling numbers from preventable diseases. Some 300,000 are child soldiers or otherwise victims of the ultimate obscenity, war and its violent consequences.

Poverty remains the principal cause of the violation of the Rights of the Child because lack of funds seriously impedes access to their basic human needs. In the countries which are least affected by poverty, children generally have the chance to enjoy these rights, although many are still victims of violence, abuse or discrimination.

The United Nations has repeatedly stressed the need to integrate human rights in a wide range of activities. It is necessary to recognize the potential of almost all UN mechanisms and procedures in the field of human rights to promote the protection and promotion of children's rights.

UNICEF's work in the area of child rights is informed by the World Summit for Children (1990), as well as by the World Conference on Education for All (1990), the World Conference on Human Rights (1993), the World Summit for Social Development (1995), the Fourth World Conference on Women (1995), the Millennium Summit (2000), and the World Summit and Special Session on Children (2005). The 1993 World Conference on Human Rights, in particular, recognized that the human rights of children constitute a priority for action within the United Nations system. At the 2005 Special Session on Children, Member States committed themselves to improving the situation of children.

 

Language adviser: E.A. Zhuravleva

Scientific adviser: A.I. Demchenko

 

Anastasia Shtolts

Donbass Law Academy

 

The Need of Establish a Judicial Precedent as an Official Source of Law

 

The need of establish a judicial precedent as an official source of law is still relevant. There are numerous gaps and collisions require further steps to find a mechanism for their resolution.

V.F. Yakovlev notes that the precedent as a stable and universally recognized legal provision created by the courts today exists and works in our system.

The role of judicial practice in modern society is undoubtedly significant:

1. The precedent is part of the legal system (in spite it does not officially established);

2. 2. Decisions of authorities are obligatory solution - that is a precedent;

3. The resolutions are in fact often a source of law and are important in resolving cases although have recommendatory character.

Thus, the modern legal reality shows that judicial practice and judicial precedent - actually exist in the domestic legal system and act as a regulator of public relations of Russian reality. This further strengthens the relevance of the official establishment of judicial precedent as one of the sources of law.

Here are the positive consequences of the establishment of judicial precedent:

1. The use of the precedent will improve the effectiveness of the work of the justice system and timely eliminate gaps in the law;

2. The possibility of using a judicial precedent in the process of reviewing and resolving legal disputes and cases will allow judges to successfully upgrade their qualifications and make fair and justified decisions, which in turn will have a positive impact on the development of the entire judicial practice of the country.

The question of the existence of a judicial precedent remains open, the uniqueness of the domestic legal system makes the problem topical not only for the theory of law, but also for legal practice.

 

Language adviser: N.A. Karpova

Scientific adviser: E.S. Kozachek

 

NikitaVladimirovich Tsarenko

Donbass Law А cademy