LEGAL REGULATION OF THE RIGHTS OF CHILDREN IN NATURE PROTECTION IN UKRAINECHILD SUPPORT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article investigates the legal provision of environmental rights of children in Ukraine. The article stated that in Ukraine, laid the legal basis for the environmental rights of children. Тo environmental children’s rights include: the right to general and specific nature, the right to receive environmental education, right to health from the adverse state of the environment, the right of association in the community for children, youth and youth environmental organizations; the right to participate in activities to protect the environment, rational and complex use of natural resources. Environmental Rights of the Child are the possibilities (freedom) to use the natural environment as the environment. Therefore, ecological rights are related to the right to life. In addition, the specificity of the environmental rights of the child is that the basis for their implementation is objectively existing ecological system – the environment. This individual environmental rights are natural rights inherent life of a person, regardless of its legal provisions. Therefore, these children’s rights are implemented as an objective necessity and does not require regulatory clearance. Of course, the list of environmental rights is not exhaustive and laws of Ukraine may be determined by other ecological rights of children. In addition, children as citizens of Ukraine and provide guaranteed protection of their environmental rights. An important guarantee of human rights protection in Ukraine is the institution of the Commissioner for Children’s Rights. The main function of this institution, which was formed under the President of Ukraine, is to provide the appropriate conditions for the realization of civil, economic, environmental, social and cultural rights of children in Ukraine. Thus, with certainty we can say that in Ukraine, laid the legal basis for the environmental rights of children. In Ukraine, a special institution that aims to promote the rights and protection of children. However, the institution Ombudsman for Children in Ukraine in the current conditions do not fully meet European standards of human rights protection, as this institution has autonomy in decision-making to ensure children’s rights. Therefore, in the future, the Commissioner for children’s rights in Ukraine must acquire separate and independent status as a public institution which receives supervisory powers, warning and proactive content and which will support efforts aimed at maximum protection of children’s rights, including environmental ones. Actually, this is consistent with the general trends of European law, according to which civil society should ensure long-term support to children and recognize the rights of the family in the interest of the child and strengthen the family.
Authors and Affiliations
У. В. Антонюк
Keywords
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