THE ESSENCE OF CONSTITUTIONAL GUARANTEES OF CHILDREN RIGHTS AND ITS RELATIONSHIP WITH THE FAMILY LAW
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
The article is devoted to the issues on constitutional guarantees of children rights and its development in family law. The absence of the constitutional guarantees of security and protection of the rights of children may to a certain extent limit the use of the industry guarantees in practice. Ability to apply constitutional guarantees as the norms of direct action, having the highest legal force, given the specific situation, is justified and fair in deciding the safety and protection of the rights and interests of children. Based on analyzes of current legislation and scientific literature on the theory of law, constitutional and family law in terms of security and protection of the rights and interests of children, detected inconsistency of constitutional and family law norms, suggested the ways of legislation improvement in the sphere of children rights compliance. In particular, it proposed to revise the Constitution of Ukraine provisions in order to strengthen social rights and guarantees aimed to ensure the normal physiological and spiritual development of the child. Such rights and guarantees regarding children must be secured separately from the human and civil rights, their purpose - to guarantee every child the opportunity to comprehensive development, not only the financial content. Securing more specific provisions regarding the rights of children on the family education and provision of comprehensive development would not break the stability of the Constitution, and would contribute to the stability of the law order in the sphere regulation of family legal relations.
Authors and Affiliations
L. M. Zilkovska
Keywords
Related Articles
- EP ID EP404747
- DOI -
- Views 61
- Downloads 0
GENOCIDE AS AN INTERNATIONAL CRIME AND PROBLEMS OF ITS RECOGNITION
The article is dedicated to the issue of the role of genocide in international law. The authors study the problems of recognizing the genocide as international crime. They consider different scientific approaches to mean...
THE RIGHT TO WORK AND PROCEDURAL PECULIARITIES OF ITS PROTECTION IN THE COURT OF JUSTICE
The article analyses the right to work as one of the fundamental human rights prescribed by international legal acts and recognized by all States. The author proves that, for a proper understanding of the constitutional...
ADMINISTRATION OF NATIONAL SECURITY AND DEFENSE CAPABILITY IN FOREIGN STATES (ON THE EXAMPLES OF FRANCE, GERMANY, POLAND)
The article covers the issues concerning to the administration of national security and defense capability in such foreign states as France, Germany, Poland. It is noted, that the administration of national security and...
ACTUAL ISSUES OF SUBJECT JURISDICTION OF DISPUTES RELATED TO ELECTIONS OF THE PRESIDENT OF UKRAINE
The article highlights current issues related to the jurisdiction of electoral disputes during the presidential elections in Ukraine. It is noted that the definition of the court of first instance is affected by the subj...
ATTRIBUTION TO A STATE OF WRONGFUL CONDUCT OF ANINSURRECTIONAL MOVEMENT WHICH SUBSEQUENTLY BECOMES THE NEW GOVERNMENT
The article is devoted to the issue of attribution to a State of wrongful conduct of an insurrectional movement which subsequently becomes the new Government. The theory of the continuity which exists between the new org...