The protection of childhood is one of the most important tasks of the state as a whole and state bodies in particular.
The rights of children, as a socially unprotected category of citizens, are protected by the Constitution of the Republic of Belarus, as well as international treaties. By a resolution of the Supreme Council of the Byelorussian SSR, the 1989 United Nations Convention on the Rights of the Child was ratified and entered into force on October 31, 1990.
On the basis of the Constitution of the Republic of Belarus, as well as the above-mentioned convention, the Law “On the Rights of the Child” was adopted on November 19, 1993, which determines the legal status of the child, regulates the responsibilities of state bodies, other organizations, and individuals to protect children.
From the moment of birth to death, all persons have equal legal capacity, regardless of age, social status, or state of health.
The legal status of a child is determined by his return and legal capacity.
A person is recognized as a child until he reaches the age of 18. Except in cases of acquisition of legal capacity before reaching adulthood.
So, a minor person may be declared legally competent in the following cases:
– emancipation (if a minor who has reached 16 years of age works under an employment contract (contract) or engages in entrepreneurial activity with the consent of parents or guardians);
– marriage (legislation allows a reduction in marriageable age in exceptional cases due to pregnancy, childbirth).
Children have the same rights as adults, but are temporarily limited in the implementation of some of them due to their psychophysical development. The duties and responsibilities of children are limited by age.
So, from birth, the child receives basic rights: to life, name, protection and promotion of health, citizenship, personal integrity, protection from exploitation and violence, freedom of opinion and expression, to determine one’s attitude to religion, to profess any of them or not to profess any .
Upon reaching the age of 10 years, the child is vested with the right to choose any of the parents for cohabitation, if such a need arises.
At the age of 14, a child has the right:
– get a passport;
– independently apply to the court with a statement on the protection of their rights and interests protected by law;
– with the consent of parents to work in their free time;
– to make deals;
– independently manage earnings, other income;
– to deposit money in banks.
In connection with the expansion of rights, the range of responsibilities is expanding. These include: property liability for transactions; during employment, the execution of orders in accordance with the employment contract. For failure to comply with legal requirements in the educational process comes disciplinary action.
Also, from the age of 14 years, criminal liability is provided for a number of crimes: deliberate infliction of grievous bodily harm, theft, robbery, theft of a vehicle, deliberate destruction or damage to property, illicit trafficking in narcotic drugs, deliberately false reporting of danger.
If there are good reasons and the age of 15 years, marriage is allowed.
And from the age of 16, the range of rights and obligations has expanded significantly. With the consent of the parents, the child may engage in entrepreneurial activity. Drive a moped while driving on the road and learn how to drive. And also comes the administrative and criminal liability for the commission of any type of crime.
In the Republic of Belarus, activities to protect the rights of children are carried out by guardianship and trusteeship bodies. In addition, a number of government bodies are required to participate in protecting the rights and legitimate interests of minors.
Such government bodies include:
– juvenile commissions;
– prosecutor’s office;
– court.
In Belarus, on the initiative of the Presidential Administration, the children’s legal website mir.pravo.by was created, by visiting which children can receive answers to important questions in a fun way. This format of legal information can increase children’s literacy in matters relating to their legal rights and interests. A child, due to his psychophysical development, cannot always understand that his rights are violated and there is not always an adult nearby who will stop such a violation in time.