The presence of legal regulation of social relations is an indispensable element of a developed state. Historically, the physically weakest social groups - women and children - possessed the least number of rights and freedoms, and sometimes suffered frank violation of them, unable to protect themselves. That is why the rights of the weakest members of society had to be singled out in a separate category. To date, the legal system of individual states is significantly different, but universal human rights and freedoms must be respected everywhere, regardless of the geographical location, form of government and political system of the state. In this article we will talk about the rights, duties and responsibilities of minors, as well as the protection of the rights of underage children. All this is part of the legal education of schoolchildren and preschoolers .
Rights and duties of minor children
In modern theory of law, there are several types of rights for minors:
- labor rights of minors . In labor relations, minors are equated with the rights to adults, but the types and scope of work that minors can perform are regulated by the state (taking into account the danger, harm and complexity of these works). Thus, under-age workers use certain privileges in relation to their age regarding the duration of working hours, holidays, protection and working conditions, etc.
- personal rights of minor children . This type of rights includes: the right to surname, first name and patronymic, the right to live and be brought up in the family, the right to live together with their parents, the right to communicate with relatives, the right to express personal opinion, the right to care and custody by parents and relatives, the right to protect their rights, etc .;
- civil rights of minors . This category includes the property rights of underage children, the right to inherit, the right to housing and compensation for harm. Concerning civil rights, two concepts are given special relevance: legal capacity and legal capacity. Legal capacity is the ability of a person (regardless of age) to have rights and duties. Competence means a person's ability to independently control his own rights and perform his duties with his own actions. The onset of legal capacity is associated with a certain age. Such restrictions are associated with the gradual development of the child and the need to protect him from ill-considered actions and unreasonable decisions.
Protection of the rights of underage children
Every child, regardless of age or social status, has the right to protect his legal rights. You can defend your interests in person or with the help of representatives. Representatives of minor children, as a rule, are their parents, adoptive parents, guardians or trustees, adoptive parents. In addition, representatives for the protection of the rights of minors may
In case of inadequate fulfillment (or non-fulfillment) by parents (guardians or trustees) of their duties in the upbringing of the child, as well as in case of abuse of parental rights by them, a minor can protect his legal rights and interests independently. Every child, regardless of age, has the right to apply to the protection of children's rights, and from a certain age (usually from the age of 14), depending on the legislation of the country in which the child lives, to the court. In some cases, a minor may be recognized as fully capable before reaching the age of majority.