Constitutional and legal protection of children from internally displaced families in modern legislation

Authors

  • Mariana Shupiana

DOI:

https://doi.org/10.15330/esu.14.172-177

Keywords:

children from internally displaced families, migrant children, rights of the child, international and national legislation

Abstract

The article analyses the rights of children from internally displaced families that are vested both in the national and international legislation. In particular, the Geneva Declaration was considered as a document of the international level that reflects the legal protection of children. The next important document is the Declaration of the Rights of the Child, which contains the basic principles, providing the social protection regardless of language, faith, skin colour, age or gender, ensuring freedom and dignity, and also promotes conditions which would impose upon the full development of the human personality, namely the formation of its mental, spiritual, physical, moral spheres, as well as the protection against the abusive treatment and exploitation. At the same time, the following substantial document on the protection of the rights of the child is the Convention on the Rights of the Child, which is based on a number of principles, namely: taking into account and serving its interests, promoting full-fledged formation, engaging in public life, non-discrimination.
The important document on the protection of children at the national level is the Law of Ukraine “On enforcement of the rights and freedoms of internally displaced persons”. Its main task and goal are to ensure the realization of the rights and freedoms of internally displaced persons guaranteed by the Constitution, the creation of the appropriate conditions for social adaptation, temporary housing for them, continuation of education, etc. The guidelines on issues of internally displaced persons are aimed at the formulation, realization and guarantee of the rights of the determined categories of children and describe the duties of the states concerning them and regulate the phenomenon of forced migration within the country.
The constitutional protection of children was also analysed, the guarantees were described that are provided by the status of an internally displaced child in armed conflict.

Published

2018-12-21

Issue

Section

THE THEORY OF UPBRINGING