The Personal Rights of the Child: the Essence and Summands of the Concept

Abstract

The purpose of the article is the present of the results of the theoretical and law foundations analysis of the concept «the personal rights of the child», to identify its essence and content, as well the place occupied by the categories of «the best interests of the child» and his «vital needs» in it. The authors consistently consider the peculiarities of the interpretation of concepts as «human rights», «personal rights of the child», «personal non-property rights of the child», «interests of the child». The need for such an analysis is due to the practical tasks of clearly defining the legal grounds, mechanisms and subjects of ensuring and protecting the of the rights of minors.

The researchers used general scientific methods (analysis and synthesis, hypotheses, systematization), private methods of social sciences (formal legal, concrete historical, comparative), as well as methods of empirical research (observation, study and generalization of psychological and pedagogical experience). The authors' contribution to the study of the issues under consideration is to identify the features of the formation of the concept «personal rights of the child» and its elements.

The authors conclude, the legal institution «personal rights of the child» has a complex, intersectoral character; the content of this institution is not limited either by the totality of «personal human rights and freedoms» enshrined in the Constitution of the State, or by a set of personal non-property rights subject to the norms of civil and family law. At the same time, a special group of personal rights of the child is formed by rights related to psychological and pedagogical practices (for example, the specific groups of rights as, the right to communicate with peers, to support for the development of abilities, the right not to be subjected to pressure from teachers, etc.).