Matiashovska R. Guarantees of the rights of the preschool age persons in a globalized society

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0820U100019

Applicant for

Specialization

  • 081 - Право. Право

17-02-2020

Specialized Academic Board

ДФ 35.052.002

Lviv Polytechnic National University

Essay

The thesis deals with the guarantees of the rights of preschool children in a globalized society through the study of the holistic system of political, socioeconomic, ideological and legal guarantees of the rights of the investigated category of subjects of law and establishing the essence of their transformation under the influence of globalization factors in certain field of public relations. The study criticizes the exclusivity of the legal fixation of the classification of the status of children by the criterion of capacity, therefore, taking into account the peculiarities of rights and possibilities of their realization, personality growth, diversity of its interests at a young age, proposes the classification of the status of children by the level of socialization: children of preschool age, junior school and senior school age. It is proved that the need for increased care of an infant is due to a number of specific characteristics of him, including defenselessness, helplessness, lack of life experience, vulnerability and inclination to imitate, lack of a balanced position, etc. The author's definition of the legitimate interests of the preschool age is proposed: it is a subjectively conditioned need of the child from birth to the beginning of school age in favorable conditions of his (her) existence and development, which is provided by the parents, society, the state and has a dominant importance over the interests of other social groups. It has been found that the paradigm of childhood legal support is changing under the influence of global factors, including: family transformation; scientific and technological progress that manifests itself in all spheres and changes the content, subject matter and essence of all science; threats to the information society; global environmental threats. The need for a renewed approach to the state guarantee of children's rights, which requires the development and adoption of a concept based on the recognition of the self-worth of childhood, on the responsibility of adults for the fate of each child, is emphasized. The classification of social guarantees of preschool children has been improved: by the level of formation of guarantees; by sources of financing; by the duration of the provision (permanent, temporary, one-off); by form of payment (cash, subsidies, free services, compensation, benefits); by the child's social status. The structure of social guarantees of preschool children is distinguished: general social guarantees used by children as members of society and citizens of the state on the basis of the principle of equality and social justice; special social guarantees for preschool children aimed at creating conditions for the growth and development of persons of this age group in accordance with their needs; the kind of special guarantees that are necessary to provide children with additional individual needs because of the particular circumstances in which they find themselves. It is suggested to supplement the conceptual and categorical apparatus of general theoretical jurisprudence with the definition of legal guarantees of rights of preschoolers: such safeguards should be understood as enshrined in the sources of law, which determine the set of conditions and regulate the exercise of rights of children of this age group, determine the features of security, protection of these rights and their restoration in case of violation. The structure of legal guarantees of the rights of preschool children, which includes normative (international, national) and procedural guarantees, is outlined. A number of legal issues in the field of public relations related to nontraditional families are generalized. Their direct impact on the preschooler who is in such a family has been proved. The facts of discrimination against such children, including their rejection, abuse or discrimination by peers, caregivers and representatives of the authorities, were stated.

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