CHILDREN’S RIGHTS AND HUMAN RIGHTS CORRELATION

Abstract

The relevance of the research topic is stipulated by the necessity to rethink the children’s rights concept, the problems of which are solved mainly through the prism of the human rights theory, which was formulated by domestic jurisprudence in the late twentieth century. Today, human rights are interpreted as mandatory requirements for the state, which are universal in nature and exist regardless of their enshrinement in the text of the legal act. The rights of the child and human rights are analyzed through the coverage of their following features as universalism; fundamentality; natural and inalienable character, universality, equality, priority over positive law. Characterizing universalism as a property of human rights and the rights of the child, it is noted that they possess both universality and regional content, the factor of which is the fundamental principles of law sphere: human dignity, justice, the content of which varies within different social formations. The existence of various international treaties, the subject of which is the rights of the child, is evidence that the phenomenon under study has an international character (both regional and universal), acquisition of universality by this phenomenon. It is noted that the Convention on the Rights of the Child has been signed by almost all states. The nature of the child does not change depending on the geographical location of the child, and therefore the child’s capabilities must be provided by all states. It is pointed out that just as human rights provide a person with the opportunity to feel a human being, so the rights of the child are the foundation (basis) of the child’s development, his formation as a person. The rights of the child determine the perception of the child not as an object of charity, but as a subject of law with his interests and values. The rights of the child are inalienable and cannot be revoked, as this will significantly affect the development and formation of the child as a person. A disenfranchised child becomes an object of charity. Moreover, the rights of the child cannot be revoked precisely because of their natural character. It is concluded that the human rights features’ analysis in the context of children’s rights allows us to conclude about the community of the legal categories under study. The rights of the child are largely the same human rights (first-generation rights). The rest of the rights of the child – social, cultural, economic in contrast to human rights should take into account the needs of the child and the vulnerability of the holders of these rights.