Particular features of exercising rights of the child in the family
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Abstract
When Lithuania ratified the UN Convention on the Rights of the Child, the legal status of the child saw change, however, this did not bring different behavior of adults with the child. The way adults consider the child appears key factor determining the status of the child in the society, the way he/she is treated, and the meeting of needs of the child. Although child is acknowledged active legal subject, enjoying his/her rights, these can only be exercised through rights and duties of other persons, primarily those of their parents.
The paper has its objective to reveal aspects of exercising rights of the child in the family in view of 7–11 year old child and their parents, pursuant to the principles of the UN Convention on the Rights of the Child.
The study found that views of the children and their parents on the exercise of the rights of the child diverged in certain aspects. The exercise of child’s right to live and enjoy healthy development is restricted by negative punishments still applied: scolding, corporal punishment, ignoring child, prohibition from taking a walk, emotional discomfort experienced, labor given, not corresponding to the physical strength of the child. Both parents and children stress good health of the child as precondition for the exercise of best interests of the child. Unlike parents, children stress whole family as best precondition for exercising their best interests. When analyzing the exercise of principle of respect to the views of the child, it became evident that parents themselves do not always observe the rules in the family, are prone to impose their opinion on the child when choosing friends, to criticize and compare with others. The right of the child to privacy is restricted by the notion of the parents that the child may keep no secret. Duty of the child to look after his/her younger brother/sister, referred to by both parents and the children allows for assumption on ignoring nondiscrimination principle.
The paper has its objective to reveal aspects of exercising rights of the child in the family in view of 7–11 year old child and their parents, pursuant to the principles of the UN Convention on the Rights of the Child.
The study found that views of the children and their parents on the exercise of the rights of the child diverged in certain aspects. The exercise of child’s right to live and enjoy healthy development is restricted by negative punishments still applied: scolding, corporal punishment, ignoring child, prohibition from taking a walk, emotional discomfort experienced, labor given, not corresponding to the physical strength of the child. Both parents and children stress good health of the child as precondition for the exercise of best interests of the child. Unlike parents, children stress whole family as best precondition for exercising their best interests. When analyzing the exercise of principle of respect to the views of the child, it became evident that parents themselves do not always observe the rules in the family, are prone to impose their opinion on the child when choosing friends, to criticize and compare with others. The right of the child to privacy is restricted by the notion of the parents that the child may keep no secret. Duty of the child to look after his/her younger brother/sister, referred to by both parents and the children allows for assumption on ignoring nondiscrimination principle.
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Articles
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