A thesis submitted for the degree of Doctor of Philosophy in specialty 081 – Law. – National University «Odessa Law Academy», Odessa, 2021.
This dissertation contains the results of a comprehensive general theoretical characterization of the legal mechanism of interaction between the state and civil society in the sphere of protection of the rights of the child in Ukraine. The material of the dissertation generalizes the analysis of scientific works concerning the mentioned problem, international legal treaties, national normative legal acts, analytical and statistical information.
The work points out that practically all states of the modern world align their policies in the area of the rights of the child with the universal standards contained in the international mechanism for the protection of the rights of the child. A retrospective analysis of the formation of this mechanism was carried out, and four stages in this process – from the beginning of the twentieth century to the present day – were highlighted. The contents of the main universal and specific international legal instruments governing the rights of the child and their protection have been reviewed. The activities of international intergovernmental and nongovernmental organizations in the area of the protection of the rights of the child are described. It is emphasized that in the third millennium the efforts of the international community are aimed at implementing the principle of the best interests of the child.
Consideration is given to European policy on the protection of children's rights, which is implemented under the aegis of the Council of Europe and within the framework of the European Union. The conformity of Ukrainian legislation with the European conventions on the protection of the rights of the child and the aspiration of the Ukrainian state to achieve the same level of protection of the rights of children, which is ensured by the EU member countries has been revealed.
The protection of children's rights has been examined as one of the directions of the state juvenile policy. The model of youth/juvenile policy of the Ukrainian state, which has a mixed character, as it combines features of the widespread in the world Swedish and American models, is characterized. In addition, the national model of youth/juvenile policy is recognized as open, as it is oriented to the norms of international law of the rights of the child.
It is confirmed that at the present stage the juvenile policy in Ukraine retains many paternalistic features. A combination of paternalism and liberalism is recognized as a promising direction for the development of juvenile policy. This combination provides both special protection of the child by society and the state, and the direct participation of the child in decision-making on those issues that directly affect him or her.
A definition of the juvenile policy as the activity of state and non-state institutions on creation of necessary conditions for all-round development of children and their social formation as full members of civil society is offered. The content of the juvenile policy is described as the unity of three main directions of activity on provision, protection and defense of children's rights. The protection of children's rights is considered in the broad and narrow aspects. In the wide aspect protection of children's rights is a part of social function of the state and represents a system of legal, economic, organizational measures for provision, protection and restoration in case of violation of their rights, freedoms and legitimate interests. In the narrow aspect, the protection of children's rights is understood as the activity of state bodies and public institutions aimed at ensuring the safety of children from violations of their rights and freedoms, restoring violated rights and bringing violators to justice.
It has been argued that the targeted and effective implementation of government policy on the protection of children's rights is ensured by an integrated mechanism, i.e., a system of competent State bodies providing appropriate conditions for the realization, protection and defence of the rights, freedoms and legitimate interests of children in the forms prescribed by law through appropriate ways and means of preventing and/or eliminating violations of those rights. Both general and special agencies are involved in the protection of children's rights. The general bodies form the legal basis for the protection of the rights of the child in Ukraine, while the special bodies ensure the practical implementation and protection of the rights of the child. It is noted that the system of specialized bodies is unstable.
