Teenager's rights in modern society

Law and legal status of a teenager

According to the “Explanatory Dictionary of the Modern Russian Language” by Dmitry Nikolaevich Ushakov: “Law is a set of generally binding rules of behavior, norms established or sanctioned by the state.” Compliance with these norms is ensured by the coercive force of the state. Legal law is differentiated by industry: family, civil, criminal and others.

Law is a set of generally binding rules of behavior (norms) established by the state, compliance with which is ensured by measures of state influence.

The legal status of a child is his rights, duties and responsibilities from birth to adulthood. The legal representatives of the child in the exercise of his rights are the parents or persons replacing them.

What do young people know about their rights and responsibility before the law? The famous French writer Honore de Balzac Fr. This remark is still relevant today, especially in relation to young people. Not every child can say how, if necessary, he will protect himself from someone else’s unlawful actions.

For the first time, a teenager is considered not as an object of legal activity, for whom adults decide everything, but also as a subject with his own interests and views.

Many schoolchildren have an insufficient level of legal knowledge, skills, experience of law-abiding behavior, and legal competence.

Let's look at several definitions of “human rights”:

S. Sirotkin in his work “For high school students about law and human rights” refers to the following definition of “human rights” - these are certain real social opportunities recognized by society and the international community for individuals and their associations to satisfy their natural and social needs and corresponding claims , the guarantees of which ensure decent and fair, free and responsible development and active participation of the individual in diverse social, including legal relations.”

“Right is external freedom, represented and limited by a norm.”

These definitions reflect the main essence: human rights are a tool that allows you to resist pressure, violence, and it is a mechanism that does not allow the state to “swallow” each individual person.

We can say that human rights are a way to resolve conflicts that inevitably arise in society; these are the rules of relations that are mandatory for both the state and the individual.

Civil liability of minors aged 14 to 18 years

Legal capacity is associated not only with the ability to exercise rights and bear responsibilities, but also with responsibility for one’s actions. And the law specifically stipulates the features that civil liability of minors has.

Unlike minors, whose legal representatives are responsible for all their actions (unless, of course, they prove that the obligation was violated through no fault of theirs), adolescents aged fourteen to eighteen years are themselves responsible for obligations arising from transactions that they have right to do. The property liability of minor citizens under the contracts they have concluded will be the same as that of adults.

It also needs to be said that teenagers who have reached the age of 14 bear independent responsibility even in cases where their actions cause harm to someone. However, unlike adults, that is, persons over 18 years of age, if a teenager does not have his own income, funds, or property in sufficient quantities to compensate for the damage caused, the missing part is compensated by parents, guardians or other persons acting as representatives of minors . If there are no such persons, and the teenager is in an institution for orphans, then the administration of such an institution will bear financial responsibility. Exemption from financial liability can only be in cases where the representatives prove that there is no fault of theirs in causing harm.

The liability of representatives also ceases in three more cases:

when a teenager reaches 18 years of age, he receives full legal capacity and begins to be responsible for himself;
when a minor aged fourteen to eighteen years has income or property that allows him to independently compensate for the damage caused;
when a teenager undergoes the emancipation procedure.

Documents reflecting the rights of a teenager

The rights and freedoms of man and citizen are enshrined in international legal documents (Universal Declaration of Human Rights 1948, Covenant on Civil and Political Rights and its Optional Protocol 1966, Covenant on Economic, Social and Cultural Rights 1966, Convention on the Rights of the Child 1989, European Convention for the Protection of Human Rights and Fundamental Freedoms 1950, etc.), in state constitutions and domestic legislative and other regulations. The development of the concept of human rights led to the fact that children's rights were allocated to a special category.

The main international documents on the protection of children's rights are:

Universal Declaration of Human Rights;
Declaration of the Rights of the Child;
UN Convention on the Rights of the Child;
World Declaration on the Survival, Protection and Development of Children.

The rights and responsibilities of the child are reflected in the following regulatory documents at the federal level:

Constitution of the Russian Federation;
Civil Code;
Family Code of the Russian Federation
Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”;
Law of the Russian Federation “On Education”.

Over the course of 10 years (from 1979 to 1989), specialists from many countries around the world, participating in the UN Commission on Human Rights, developed the text of a new provision on the rights of the child, which would take into account as much as possible all aspects of a child’s life in society. This document was called the Convention on the Rights of the Child, and was adopted by the UN General Assembly on November 20, 1989.

According to the Convention, the basic principle of protecting children's rights is the recognition of the priority of the interests of children. Particularly highlighted is the requirement for special care by society for socially vulnerable groups of children: orphans, disabled people, refugees, etc.

The main goal of the Convention is to maximize the protection of the interests of the child. If all the needs and rights of the child are respected, then we will get a happy, healthy, smart, educated, talented citizen.

According to these principles:

The child has the right to life and healthy development.
The child has the right to maintain his or her identity, including nationality, name and family ties.
The child has the right to personal freedom, freedom of thought, conscience and religion. This right includes the freedom to express opinions orally, in writing or in print, in the form of works of art or through other media of the child's choice.
A child has the right to protection from all forms of physical or psychological violence, exploitation, abuse, neglect or abuse, whether from parents or legal guardians or any other person caring for the child.
A child deprived of his family environment has the right to special protection and assistance provided by the state.
The child has the right to a standard of living necessary for his physical, mental, spiritual, moral and social development. A mentally or physically disabled child should lead a full and dignified life in an environment that promotes his dignity, promotes his self-confidence and facilitates his active participation in society.
The child has the right to health care and social security, including social insurance.
The child has the right to education, which should be aimed at developing the child's personality, talents and mental and physical abilities to their fullest extent.
A child has the right to use his native language and to profess the religion of his parents, even if he belongs to an ethnic, religious or linguistic group that constitutes a minority in a given state.
The child has the right to rest and leisure, the right to participate in games and recreational activities appropriate to his age, to freely participate in cultural life and to engage in the arts.
The child has the right to protection from economic exploitation and from performing any work that may pose a danger to his health or be harmful to his physical, mental, spiritual, moral and social development.
The child has the right to protection from all forms of exploitation and abuse.
States Parties shall ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment; no child was unlawfully or arbitrarily deprived of his or her liberty; Every child deprived of his liberty had the right to prompt access to legal and other appropriate assistance.
States undertake to take measures to combat the illegal movement and non-return of children from abroad.
States undertake to respect and comply with international humanitarian law in relation to children caught in a zone of armed conflict. States shall take all possible measures to ensure that persons under 15 years of age do not take direct part in hostilities.

Society is changing and developing, will continue to change and develop, and, consequently, people’s ideas about their rights are changing.

The Convention on the Rights of the Child established a number of important social and legal principles. The main one is the recognition of the child as a full-fledged and full-fledged person. This is a recognition that children should have human rights in their own right, and not as an “appendage” of their parents, guardians or trustees.

Children's rights in education

The right to education is one of the basic and inalienable constitutional rights of citizens, including children in the Russian Federation.
Every child, in accordance with the law, has the following rights in the field of education: to respect for his or her human dignity; to receive for the first time free primary, basic, secondary (complete) general education, primary vocational education; express their opinion when parents choose the form of education and type of educational institution; to respect and free expression of one's opinions and beliefs; for transfer to another educational institution; to receive education (basic general) in their native language, as well as to choose the language of instruction within the limits of available opportunities.

The rights of students in the educational process are regulated in more detail by the Charter of the educational institution.

It should also be noted that in education and the educational process, not only guarantees for self-education are important, but also respect for other rights of the child within the educational process.

Emancipation of minors

In some cases, a minor who has reached the age of 16 can receive full legal capacity and be equal in all his rights to an adult. In this case, he can not only independently carry out any transactions, but also bears full financial responsibility for any of his actions or decisions.

Emancipation under civil law is allowed in the following cases:

when a minor is officially employed and an employment contract is concluded with him;
when he, with the consent of his legal representatives, begins to engage in business. It should be noted here that the legislation does not contain a direct indication of the age at which a citizen can receive individual entrepreneur status. Judging by the fact that the law on state registration of legal entities and individual entrepreneurs also includes in the list of documents such as notarized parental consent, it is theoretically possible to obtain such status from the age of 14.

Emancipation is carried out by the guardianship authority with the consent of the legal representatives of the minor, and if they are against, then in court.

In addition to labor and entrepreneurial activities, the legislation also provides for another case when a person under 18 years of age can receive full legal capacity. This applies to marriage. In Russia, by law, this can be done from the age of 16, but in a number of regions a reduction to 14 years is allowed.

It is curious that if the marriage is dissolved, the citizen retains his legally capable status. However, if the marriage was declared invalid by a court, the husband or wife under 18 years of age may be returned to their previous status as a minor.

Study of the level of legal knowledge of students in grades 7-8

The purpose of the survey is to identify the degree of awareness of students about their rights and responsibilities, to conduct a comparative analysis of the level of legal literacy among students in grades 7 and 8; check children's knowledge of documents reflecting their rights and responsibilities; performance by children of their duties, respect for the rights of the child in this educational institution.

Results of the survey

To find out the awareness of my peers about their rights and responsibilities, we conducted a questionnaire. which accepted students in grades 7-8. (see appendix)

In order to determine the needs of children and parents in legal education, a survey “Your Rights and Responsibilities” was conducted.

75% of children know their basic rights and responsibilities, the remaining 25% of children do not know their rights and responsibilities enough. 90% percent believe that fulfilling their responsibilities and demanding compliance with their rights are equally important. To the question “Do you think you need to know about your rights?” - all respondents answered “yes”.

84% of the children answered positively to the question about respect for their rights as a child at home, in the family. 76% in the questionnaire stated that they learn about their rights and responsibilities from parents and teachers. Only 50% of respondents were able to name a document protecting the rights of the child. When asked about the observance of children’s rights at school, 76% of children answered positively, 24% had difficulty answering this question

Based on the results of a survey of parents, we found that adults believe that children need legal knowledge.

While working on the project, the students were given an educational game “Legal Labyrinth” and an hour of legal knowledge “Know so as not to stumble.” An online lesson “I have the right to know” was conducted.

Conclusion

Participants received the necessary knowledge, skills and abilities in the field of human rights and freedoms, and became acquainted with human rights organizations (addresses and areas of their activities in the field of protection of human rights and freedoms). This project gave teenagers the opportunity to gain basic knowledge in the field of legal self-defense.

The implementation of the project “Teenager Rights in Modern Society” made it possible to: expand adolescents’ area of legal knowledge and skills and the ability to apply them in various life situations; gain practical experience in applying your rights; help in independently solving specific life situations related to violations of children’s rights.

Having become familiar with your rights and some responsibilities, we propose to develop your own Class Code, choosing only those proposals that are acceptable for your class:

No one should be afraid to express their opinion on any issue.
Be personally responsible for your words and actions.
There should be friendship between boys and girls in the class.
Everyone is equal in the classroom, regardless of nationality, gender or beliefs.
Everyone has the right to a name; you should only address each other by name.
Everyone must respect property rights and not take other people's things without permission.
Everyone in the class should feel safe, so no one should fight or bully others.
Our class is a friendly team, so we have everything in common.
You need to be personally responsible for your words and actions.
Keep order and cleanliness not only at your desk, but in the classroom and school.

Work on the project was interesting and exciting.

This topic is quite relevant and not new, however, I hope that with my project I will help those who are just starting to delve into this topic. This work is designed to help adolescents in independently solving specific life situations related to violations of children's rights

List of sources used

Abramov V.I. Correlation of the concepts of “protection”, “protection”, “guarantee”, “ensuring” the rights of the child” State and law. 2006. No. 6.
Abramov V.I. Legal status of the child Modern law. 2005. No. 9.
Universal Declaration of Human Rights
Declaration of the Rights of the Child
Convention on the Rights of the Child
Constitution of the Russian Federation
Lebedev O.E., On observance of children’s rights in educational institutions of the Russian Federation. 2011
Mastykina I. Problems of protecting children's rights in Russia 2004
Nemytina M.V. Protection of the rights of minors in Russia: a systematic approach // Legal policy and legal life. 2004. No. 2
D.N. Ushakov Dictionary of modern Russian language 2013
Federal Law “On Education”

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Termination of an employment contract with a minor employee

According to Article 269 of the Labor Code of the Russian Federation, employees under the age of 18 upon termination of an employment contract are provided with additional guarantees.
Termination of an employment contract with employees under the age of 18 at the initiative of the employer * in addition to compliance with the general procedure is allowed only with the consent of the relevant state labor inspectorate and the commission for the affairs of minors and the protection of their rights.

*Except in case of liquidation of an organization or termination of the activities of an individual entrepreneur.

In addition, according to paragraph 6 of Article 9 of the Federal Law of December 21, 1996. No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care”, employees:

orphans,
children left without parental care,

released from organizations due to their liquidation, reduction of staff or staff, employers (their legal successors) are obliged to provide, at their own expense, the necessary vocational training with their subsequent employment in this or another organization.