THE GUARANTEES OF THE RIGHTS OF CHILDREN AND FAMILIES WITH CHILDREN TO SOCIAL PROTECTION IN THE ACTS OF THE EU AND THE COUNCIL OF EUROPE
Journal Title: Право та інновації - Year 2016, Vol 3, Issue 15
Abstract
Problem setting. The article investigates theoretical and practical problems of determination and implementation of guarantees of the right of children, families with children to social protection, that are fixed in acts of the EU and the Council of Europe. Target of research. The purpose of this article is to study the guarantees of the right to social protection of children and families with children enshrined in the acts of the EU and the Council of Europe and fundamental issues of their effectiveness. Analysis of resent researches and publications. Issues of research of guarantees of the right to social protection of children and families with children always got much attention of the scientists of law, which is evidenced by work of V. V. Zhernakov, K. Y. Melnik, O. N. Potopahina, S. M. Prylypko, S. M. Synchuk, I. M. Sirota, V. S. Tarasenko, G. I. Chanysheva, Y. M. Grishina, O. M. Yaroshenko and others. Proceedings of these scientists have not lost scientific value, but conclusions which were formulated in them need rethinking, because of the last changes in the state and society. Article’s main issue. It is determined that the right to social protection refers to the fundamental rights of the child. Due to the nature of the physiological and mental development of children, it is proved that a long period of time their interests and the interests of the family in which thay are held and brought up is indivisible. Thus the effective exercise of the right to social protection of the child is impossible without ensuring of the realization of the right of families with children. The legal guarantees to social protection of children and families with children enshrined in acts of the EU and the Council of Europe are analyzed. Among them: the defining of the basic principles of providing of assistance to children; the duty of the Member States of the EU and the Council of European to take an effective measures to support the family; the maintance of working women with leave before and after childbirth with payment of appropriate assistance and more. Conclusions and prospects for the development. It is established that despite the importance of fixing the guarantees for the rights of children and families with children to social protection in acts of the EU and the Council of Europe, no one of them has not established a mechanism for their implementation yet. Determination of obligation of the Member States of the EU and the Council of Europe in conventions and directives to submit reports about the implementation of their norms and measures aimed on ratification of standards of relevant acts may not serve as a guarantee of a government’s obligation assumed in these documents. The existence of the possibility to loadge a complaint of fundamental rights in the European Court of Human Rights is an essential guarantee of the right to social protection of children and families with children. However, in practice, the effective realization of it is almost impossible. In such circumstances, the expediency of improving of legal means of fulfillment of the EU member states and the Council of Europe obligations is proved by the determination of mechanism for realization of the relevant acts, otherwise the right to social protection gets a declarative character.
Authors and Affiliations
O. S. Kaitanskyi, K. V. Borichenko
Keywords
Related Articles
- EP ID EP458489
- DOI -
- Views 71
- Downloads 0
FINANCE AS AN OBJECT OF FINANCIAL REGULATION
Problem setting. The article provided a description of finances as the object of financial legal regulation. It is emphasized that financial legal regulation focuses on streamlining relationships that are most important...
THE CONCEPT AND CONTENT OF THE PRINCIPLE OF SOCIAL DIALOGUE IN THE FIELD OF LABOUR
Problem setting. One of the topical tasks of modern science of labor law is a comprehensive research of the system of principles of the branch on the basis of International and European labor standards, domestic legal tr...
PERSPECTIVES OF USE OF SPECIAL TYPES OF LOANS FOR THE DEVELOPMENT OF INNOVATIVE ENTERPRISE
Problem setting. New special types of lending are introduced on the market of financial services, in particular, factoring, which has significant advantages for business entities to ensure the development of entrepreneur...
Проблемні аспекти встановлення правового режиму інформації, розміщеної на веб-сторінці акціонерного товариства
В статті зроблена спроба окреслити проблемні аспекти встановлення правового режиму інформації, розміщеної на веб-сторінці акціонерного товариства. На підставі проведеного аналізу зроблені висновки про потребу більш детал...
THE STUDY OF SOME ASPECTS OF LAND USE WITHOUT THE EXECUTION OF TITLE DEEDS IN RESPECT THEREOF
This contribution is addressed to the identification of grounds for the recovery of damages from an actual use of lands without the execution of any title deeds in accordance with law. The author states that there exists...