International legal standards in the field of family, child, maternity and parent
Journal Title: Альманах міжнародного права - Year 2017, Vol 18, Issue
Abstract
The article examines the international legal standards in the area of family, childhood, motherhood and parenthood and the problems of their formation in Ukraine. Particular attention is paid to the essence, content, subject-matter, tasks and possibilities of implementation of the main components of this sphere: provision of employment of women (mothers); observance of children’s rights and freedoms; regulation of cross-border adoption of children. International labor standards for women (mothers) are mostly regulated by the International Labor Organization (ILO), since they are in line with the constitutional guarantees of the state (Part 3 of Art. 51 of the Constitution of Ukraine) and strategic directions of modern reforms in Ukraine. However, current Ukrainian legislation does not fully comply with international standards for the observance of the rights of working women for maternity protection. This concerns the rules that enable women to work part-time, work at home. In recent years, Ukrainian domestic legislation has substantially changed the content of the norms for protecting children, the conditions, the order and the legal consequences of intercountry adoption. Before everything, the constitutional obligation of the maintenance and upbringing of orphans and children deprived of parental care is entrusted to the state, as a result of which the social rights of children are ensured and charitable work on children is supported (Art. 51, 52 of the Constitution of Ukraine). The article follows the history of the introduction of international standards for the observance of children’s rights and freedoms. International standards in the field of adoption are divided into the following: determining the legal status of the child in the field of international adoption; regulate the general procedural issues of international adoption; regulate certain issues that arise at certain stages of international adoption. However, the article states that the recommendations of the UN Committee on the Rights of the Child and other international and regional conventions are not fully recognized by the state.
Authors and Affiliations
О. Р. Антонова
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