Children’s rights: what are minors entitled to and who protects their rights?

Children’s rights – what does it actually mean?

When we talk about children’s rights, we mean a specific set of rights that are tailored to their age and needs. These rights are based on the belief that children are vulnerable, have less life experience and need more protection. Although basic human rights apply to all, regardless of age, children have additional rights that protect their specific needs.

For example, every child has the right to:

• To life and personal security.
• To an education appropriate to their abilities.
• To protection from abuse and neglect.
• To the free development of their personality and to express their own opinions.

These children’s rights are enshrined not only in international documents such as the Convention on the Rights of the Child, but also in Czech law.

What rights do children have?

1. the right to life
2. the right to a name
3. the right to know and be raised by their parents
4. freedom of expression and free access to information
5. freedom of thought and religion
6. freedom of association and peaceful assembly
7. the right to protection of privacy
8. the right to protection from violence, humiliation and exploitation
9. the right to protection and assistance provided by the State when the child is deprived of a family environment
10. children with mental or physical disabilities have the right to live a full and proper life
11. the right to protection of health and the use of health facilities
12. the right to social security benefits
13. the right to education
14. the right to use their own language
15. the right to rest and leisure
16. the right to protection from hazardous work
17. the right to freedom of expression

Under Czech law, the right to education and development is ensured, for example, by compulsory school attendance, access to special educational needs for children with disabilities or the opportunity to develop one’s interests and talents.

Convention on the Rights of the Child: This applies across the world

The Convention on the Rights of the Child, adopted by the United Nations in 1989, is the most important document in the field of child protection. The Czech Republic ratified it in 1991 and has committed to implement it through its laws.

The Convention is based on four basic principles:

1. Non-discrimination: no child shall be placed at a disadvantage on the basis of sex, race, health or other factors.
2. Best interests of the child: The best interests of the child must be the primary consideration in any decision.
3. Right to survival and development: Every child has the right to life, health, education and harmonious development.
4. Respect for the views of the child: Children have the right to be heard and to have their views taken into account.

What does this look like in practice? Nine-year-old Honzik lives in a family where his parents prefer his older sister because she is “more skilful”. When Honzik comes up with the idea of joining a drama club, his parents reject it as “useless”. Legally, however, under the Convention, Honzik has the right to develop his abilities and his parents should respect his interest. Of course, this is only a theoretical example where other factors enter into the decision to (not) participate in the club. We are not so naive as to make this a legal dispute. Rather, it is an ideal of where the framework is heading.

Act on Social and Legal Protection of Children: the Czech Pillar of Protection

The international convention is followed by the Czech Act on Social and Legal Protection of Children. This Act sets out rules and measures to ensure the protection of children at risk and the support of their families.

The Act focuses on:

• Protecting children from abuse, exploitation and neglect.
• Supporting families facing social problems.
• Providing foster family care for children who cannot grow up in their own families.

The Department of Child Welfare (DCSW) is the key agency for the implementation of this Act. This office oversees children’s rights, resolves conflicts in families and helps children in crisis situations. According to statistics from the OSPOD, there are almost 1,600 cases of crime against children each year, whether it is abuse of a ward, abandonment of a child, negligent homicide or restriction and deprivation of personal liberty.

How does social protection of children (not) work?

One of the biggest challenges that child protection workers face is recognising and dealing with cases of child abuse or neglect. Child protection encompasses a wide range of activities, from prevention, to dealing with acute problems, to long-term support for families. It includes:

1. Preventive measures: the Czech Republic has a system of support for families in crisis. There is a system of support for families in crisis, which enables them to receive financial assistance, access to necessary counselling or temporary accommodation.
2. Protective measures: if a child is in acute danger and their rights are being violated, they can be placed in foster care.
3. Mediation and agreements: It is not uncommon for families to have disputes that have a direct impact on the child and their rights. Arguments and conflicts create an unhealthy and often dangerous environment for a child to grow up in. Once a couple has gone through a divorce or separation, the OSPOD can help parents come to an agreement about child custody.

What does this look like in practice? The parents of five-year-old James are going through a divorce. Both say they want full custody of the child. However, they are unable to agree between themselves and disagree on who should keep custody of the child. In this case, the OSPOD will carry out an investigation, talk to both parents and the child (if he or she is old enough to express an opinion) and recommend the best solution to the court in the divorce.

Summary

Every child has the right to love, protection and respect. As parents, teachers, neighbours or even bystanders, we have a duty to ensure that children’s rights are upheld and respected. These rights include, for example, the right to education, health, protection from violence, freedom of expression and personal development. Children’s rights are protected at international and national level. The basis for the protection of children is the International Convention on the Rights of the Child of 1989, ratified by our State in 1991, and the Law on Social and Legal Protection of Children. If you have any questions or need legal advice, please do not hesitate to contact us we are here for you and your children!