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
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