GENESIS OF THE FORMATION AND DEVELOPMENT OF THE INSTITUTE FOR THE PROTECTION OF CHILDHOOD TO THE NINETEENTH CENTURY
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
In this scientific article the genesis of the formation and development of the Institute for the Protection of Childhood up to the nineteenth century is explored. The author identified the stages of development of the Institute for Childhood Protection. The attention is paid to the main characteristics of each of the isolated periods. The features of the attitude towards children to the nineteenth century are determined. The emphasis is placed on the formation of the Institute for the Rights of the Child. The period of Ancient times was characterized by the fact that the state did not protect and guarantee the rights of children, but on the contrary, to some extent, created the conditions for the natural selection of the younger generation, and the policy of the state was carried out on the principle of “surviving stronger”. The period of the Renaissance became a transitional stage from the philosophical beliefs of the Middle Ages to the scientific views of modern times. In this period a new outlook was emerging, in particular, the belief that a person is the highest value that a child has the right to a decent life, that social education has an important influence on the formation of the child’s personality. It is determined that the main philosophical views are reduced to the following ideas: a) the mother is obliged to nurse the infant; b) parents must take care of the child’s education; c) the formation of the child’s personality completely depends on the process of education; d) the basis of education was considered to be respect for human rights; e) recognized the need for a certain freedom of the child; e) to raise a child up to 16 years old. The period of the Enlightenment is characterized by: 1) the normative declarative of the basic rights of children; 2) creation of guarantees of children’s rights to education, housing; 3) the distribution of different categories of children: a) children of the gentry – a privileged position; b) children of peasants. Imperial period of the development of the Institute for the Protection of Childhood, characterized by the following features: 1) the creation of special specialized bodies whose activities are aimed at protecting the rights of children; 2) creation of orphanages; 3) the creation of public organizations whose activities were aimed at combating infanticide and abortion, thereby protecting the rights of children to life and health. During this period there were two main structures, which were based on the custody of minors: 1) the nobility guard, which was created in several counties under the guidance of one of the district chiefs of the nobility. A special feature for the right-bank Ukrainian lands was the fact that here the heads of aristocratic burns were appointed by the governor-general from persons of non-Russian nationality (Article 1155). The noble guard appointed young orphans of the guardians and received from them reports on the placement of orphans and the ordering of their property (Article 1157); 2) an orphan court, which supervised the trustees’ affairs of merchants, burghers and shop guards, as well as personal noblemen and mischiefers.
Authors and Affiliations
Л. О. Кожура
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