IMPROVEMENT OF NATIONAL LEGISLATION ON THEPROTECTION OF THE RIGHTS OF THE CHILD

Аннотация

In this article discusses the issues of how to improve the rights of the child, in particular the problems and causes, conclusions and suggestions for improving the activities of the Commissioner for the Rights of the Child. Keywords: protection of children's rights; commissioner for Children's Rights; institute for Family Rights; civil procedural law. Currently, there is no doubt that the child is an independent bearer of rights and a special subject of law. However, it was only in the 20th century that the world community realized the vulnerability of children and came to the conclusion that there was a need for special mechanisms to protect their rights. In the Declaration of the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1959, it is indicated that a minor, under any conditions, must be among people who must first be protected and helped in every possible way [1]. The accession of the Republic of Uzbekistan in 1992 (entered into force on July 29, 1994) to the Convention on the Rights of the Child and its Optional Protocols on the sale of children, child prostitution and child pornography, as well as the participation of children in armed conflicts, contributed to the formation of State policy in the field of protection of children's rights, which is a consistently implemented activity of State local authorities and public authorities to create an effective mechanism of legal relations for the protection of the rights of the child [11]. To date, Uzbekistan has made significant progress in protecting the rights of children. It should be noted that the legal status of the child is 431 reflected in the Constitution of the Republic of Uzbekistan. In particular, Article 65 establishes that «... children are equal before the law regardless of their parents' origin and civil status. Motherhood and childhood are protected by the state. » [3]. As a result of the implementation of the basic principles and provisions of the Convention on the Rights of the Child into national legislation, on January 7, 2007, the Law «On Guarantees of the Rights of the Child» was adopted and entered into force in the Republic of Uzbekistan, aimed at strengthening the legal status of the child in the Republic of Uzbekistan. This law is the first special law in Uzbekistan in the field of child rights protection [5]. As international and national experience shows, if the Commissioner for the Rights of the Child is embedded in the structure of the office of the Commissioner for Human Rights, the issues of protecting the rights and legitimate interests of children are not a priority in the work of such an institution, which directly contradicts Article 3 of the UN Convention on the Rights of the Child [2]. The problems of protecting the rights and interests of children are «dissolved» in numerous problems of violation of the rights of adult citizens who have great opportunities to protect their rights and interests. It is quite obvious that in such a structure there will not be enough time or effort to protect the rights and interests of children, to conduct independent inspections of children's institutions, to develop and support legislative proposals, legal education of legal representatives of children, as well as specialists working with children or in their interests, the initiation of new programs in the interests of children and the improvement of existing legal support mechanisms for children. In accordance with the UN Convention on the Rights of the Child, a child is a special independent subject of law, having special rights and interests that differ from adults. This also necessitates special mechanisms for the protection of these rights. The Commissioner for Children's Rights is just 432 such a special mechanism for protecting children's rights. The Committee on the Rights of the Child points out that the obligation of States under article 4 of the UN Convention on the Rights of the Child is «to take all appropriate legislative, administrative and other measures to implement the rights stipulated in this Convention», which includes the creation of an independent national human rights institute to promote and monitor the implementation of children's rights. This institution is often created in the form of a Commissioner for the Rights of the Child [11]. Based on the analysis, we can say that at the national level we have achieved significant progress in ensuring the rights and protection of the legitimate interests of the child. A clear example of this can be an agency at the institutional level, an independent body (position) The Ombudsman for the Rights of the Child [13, 35]. It should be noted that according to the Presidential Decree of 9.08.2021 «On measures to further improve the system of guaranteeing the rights of the child», the post of Deputy Commissioner of the Oliy Majlis for the Rights of the Child was abolished and anindependent institute of the Commissioner of the Oliy Maj