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THE LEGAL STATUS OF MINORS AND INTERNATIONAL LEGAL
PROTECTION MECHANISMS
Ashurova Nilufar Uktamovna
Associate Professor of the Department of “Criminal Law Sciences” of the
University of Public Safety of the Republic of Uzbekistan
Doctor of Philosophy in Legal Sciences (PhD)
https://doi.org/10.5281/zenodo.15572199
Abstract:
The article analyzes the system of international protection of the
rights and interests of minors as an integral part of the field of human rights. The
historical, social, and legal foundations of the development of the international
legal institution of children's rights are clarified. The stages of the evolution of
the international human rights protection system since 1945 are examined,
particularly the 1948 Universal Declaration of Human Rights, the 1966
International Covenants, and their connection to children's rights. The processes
of specification and specialization of international human rights instruments
since the 1980s are analyzed, along with the content and significance of the
1989 Convention on the Rights of the Child, the 2000 Optional Protocol, and the
1993 Hague Convention. Furthermore, the role of institutional mechanisms in
the international human rights protection system, their effectiveness, and the
process of improvement are studied.
Keywords:
International law, human rights, children's rights, convention,
declaration, optional protocol, institutional mechanisms, international
protection, minors.
Protection of the rights and interests of minors is one of the most relevant
and priority areas in the field of human rights today. Considering their natural
biological and psychological developmental stages, children need more social
protection, care, and adapted legal mechanisms than adults. Therefore, in
modern international legal practice, a comprehensive system of international
legal norms aimed at ensuring the rights of minors has been formed, which is
enshrined in relevant international conventions, declarations, optional
protocols, and other regulatory legal acts.
These legal mechanisms are primarily aimed at creating conditions for the
full and harmonious development of children as individuals, protecting them
from any exploitation, violence, discrimination, and threats. In particular, the
Declaration of the Rights of the Child, adopted by the UN General Assembly on
November 20, 1959, recognizes that children need special care and special legal
protection due to their insufficient physical and mental development. Based on
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this principle, states implement coordinated measures both within the national
legislative system and at the international level.
In this regard, the Convention on the Rights of the Child, adopted in 1989,
occupies a special place. This Convention guarantees the rights of children to
life, development, expression of opinions, education, health and protection from
exploitation and obliges states to exercise these rights. At the same time, the
1993 Hague Convention on the Protection and Cooperation of Children in
International Adoption is also one of the important legal foundations, ensuring
the priority of the interests of the child in international adoption processes and
preventing cases of illegal adoption.
The Optional Protocol[2], adopted in 2000 and supplementing the
Convention on the Rights of the Child, also establishes international legal
obligations to combat child trafficking, child prostitution, and child
pornography. This document requires states not only to take strict measures
against these types of crimes, but also to rehabilitate and provide
comprehensive assistance to affected children.
It should be noted that the protection of children's rights is considered by
the international community as one of the main principles of human
development, and the international legal documents adopted in this direction
serve to bring the domestic policy and legislative system of states into line with
international standards.
Since 1945, the process of protecting human rights at the international level
has been developing gradually, and this evolutionary process includes several
historical stages. This classification was developed by Professor S.V.
Chernichenko, who systematically outlined the main stages of the formation of
international legal protection of human rights in his work "Theory of
International Law"[3].
Since 1945, the evolution of the international protection of human rights
has included several stages. This staging was developed by Professor S.V.
Chernichenko, who systematically analyzed the process of formation of
international legal protection of human rights in his scientific work "Theory of
International Law."
In particular, the first stage covers the period from 1945 to the beginning of
the 1980s. The main feature of this period is characterized by the collection of
international human rights standards and their definition in the form of general
principles. This process began with the adoption of the United Nations Charter
in 1945. In the UN Charter, a special place is given to the principle of respect for
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human rights, and paragraph 3 of Article 1 of the document defines one of the
main goals of the organization as "implementation of international cooperation
in promoting and developing respect for human rights and fundamental
freedoms, regardless of race, gender, language, and religious beliefs."
These principles created the conceptual basis for the protection of human
rights within the framework of international law. At this stage, the next
important step towards the systematic legal strengthening of human rights is
the Universal Declaration of Human Rights[4], adopted by the UN General
Assembly in 1948. This declaration defined the list of fundamental human rights,
their essence and content. Although this document has a non-binding legal
character in its content, it has had a great influence on the formation of
customary international law.
Subsequently, the 1966 International Covenant on Civil and Political
Rights[5] and the International Covenant on Social, Economic and Cultural
Rights[6] granted legal status to the rights outlined in this declaration. Thus, the
above-mentioned three main documents: the 1948 Declaration, two
international pacts of 1966 are recognized as a "Collection of Declarations of
Human Rights" in the field of human rights and form the basis of the modern
international human rights system.
The next stage of development at this stage is characterized by the process
of further legal deepening and concretization of previously formed general
principles in the field of human rights. In particular, by the 1980s, more than 80
international treaties covering current areas of international human rights
application and specialized in this field were developed, which serves as one of
the main features of this period. This clearly indicates the formation of a system
of basic regulatory and legal standards for the protection of human rights in
international law. Such a comprehensive package of documents has created a
legal framework covering everything from civil and political, socio-economic
and cultural rights to the rights of women, children, national minorities, persons
with disabilities, refugees, and other social groups in need of special protection.
In this regard, this stage, along with the legal formation of the universal,
regional, and sectoral regulatory framework on human rights, has become an
important turning point in their practical application and the formation of an
international monitoring system.
Professor S.V. Chernichenko described this process as a stage in the
international systematization of human rights, while L.V. Pavlova assessed it as a
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qualitatively new stage within the framework of the modern evolution of
international human rights protection[7].
We partially agree with the main conclusions put forward in this approach.
Indeed, by the 1980s, the regulatory framework for the protection of human
rights at the international level had significantly developed. In particular, the
development and adoption of numerous international treaties comprehensively
covering human rights have made it possible to concretize and adapt universal
principles in this area. This, in turn, contributed to the formation of a system of
standards regulating human rights within the framework of international law. It
should also be noted that at this stage, special attention was paid to clarifying
the legal status of women, children, refugees, persons with disabilities,
minorities, and other social groups.
However, we are cautiously approaching the assessment of this period as a
position expressing a firm conclusion that "the system of basic international
human rights standards has been fully formed." Because the increase in the
number of international documents does not automatically ensure their
practical effectiveness and impact. The universality and degree of
implementation of certain conventions, as well as the effectiveness of
monitoring mechanisms, raise certain questions. In addition, the non-ratification
of important international documents by some states or their adoption with
restrictions also affects the consistency and real global coverage of this system.
Therefore, considering this stage as an important historical stage that
served to strengthen the international legal protection of human rights, we
consider it relatively conditional to consider it as a complete, final system.
At the stage of institutional development, institutional measures and
mechanisms aimed at improving the system of international protection of
human rights were intensively developed. In particular, the activities of
specialized international organizations in the field of human rights, as well as
contractual and non-contractual regulatory bodies, have been systematically
expanded. The introduction of such mechanisms as international monitoring,
reporting, expert evaluation, and consideration of individual complaints within
the framework of these institutions has contributed to the real protection of
human rights at the international level.
The formation of this institutional system played an important role in
strengthening the theoretical and practical foundations of effective protection of
human rights within the framework of international law. The intensification of
the activities of such bodies as the UN Treaty Committees on Human Rights, the
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European Court of Human Rights, and the American Commission on Human
Rights is a clear manifestation of development trends in this area.
At the same time, this institutional evolution cannot be considered
complete. Because modern global problems, regional conflicts, and the
complication of human rights violations require constant improvement of the
existing system. Therefore, the institutional foundations of mechanisms for the
protection of human rights at the international level remain at the stage of active
development to this day, and the efforts of the international community in this
direction are consistently continuing.
Of course, I will present the text you provided below in scientific-academic
style, smoothed out, in official language, and form it together with the source:
The system of protection of children's rights at the international level is
recognized as an integral part of the sphere of international protection of human
rights. Therefore, the general principles and basic international legal norms of
human rights protection will be fully applied to this area. However, the
separation of children's rights into a separate independent sphere in the
international human rights system is justified by a number of objective
historical, social, and biogenetic factors.
First of all, historically, the social status of children was often
underestimated compared to the rights of adults, and the legal status and social
protection of children were often ignored. Therefore, the regulatory legal
mechanisms adopted to strengthen children's rights at the international level
are primarily aimed at recognizing them as equal people and ensuring equal
opportunities with adults.
In addition, the physical and mental immaturity of children necessitates the
introduction of special legal mechanisms that serve to protect them from social
disadvantages. That is, children occupy a firm place in international law not only
as subjects of universal human rights, but also as a special category with specific
needs and opportunities. On this basis, additional guarantees for children,
special protection mechanisms, and norms aimed at protecting them from
exploitation, violence, and indifference have been developed.
This approach has found its scientific and legal basis in the theory and
practice of international law, and leading researchers in this field consider the
international protection of children's rights as an independent institution of
international law. In particular, according to O.M. Starovoitov, the international
protection of children's rights has been formed as a separate legal system with
its own principles, normative sources, and institutional mechanisms[8].
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Indeed, the international protection of children's rights has already formed
as an independent institution in the modern international legal system, which
has its own set of principles, normative foundations, and institutional
mechanisms. This approach is justified not only theoretically, but also
practically, recognizing the need for a special legal approach to children.
Due to their physical and mental immaturity, children need special
protective mechanisms to be on equal terms with adults. This led to the creation
by the international community of special conventions, protocols, and
monitoring systems aimed at ensuring their rights. In this context, we fully
support the need to recognize children's rights as an integral part of the human
rights system, based on general principles, as an independent legal institution
adapted to their needs.
In particular, the opinion put forward by O.M. Starovoytov - the conclusion
about the formation of children's rights as an independent institution in
international law - is consistent with our point of view and is directly confirmed
by the system of legal norms specific to this field, the activities of specialized
international bodies, and the content of legal sources.
Thus, the international legal protection of children's rights has been formed
as an important and independent institution in the modern system of
international law, which, while being an integral part of the system of universal
protection of human rights, has become a special sphere with its own regulatory
framework, principles, and institutional mechanisms. Since 1945, the
international regulation of human rights has been gradually improving,
especially after the 1980s, the concretization of legal documents in this area has
created a qualitatively new stage in this area.
The physical and psychological immaturity of children, their need for
protection from exploitation and indifference, as well as the need to achieve
social equality, have made the introduction of special international legal
mechanisms for this category an objective necessity. While fully supporting the
approach put forward by O.M. Starovoitov, it should be noted that the
international protection of children's rights as an independent legal institution
has been formed not only theoretically, but also practically, effectively
functioning on the basis of existing conventions, optional protocols, monitoring
mechanisms, and international cooperation. Thus, the measures taken by the
international community to ensure the rights of children are being consistently
improved in accordance with the universal principles of modern international
law.
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References:
1. Hague Convention on the Protection of Children and Cooperation on
International Adoption Issues: DOC. 105-51 AND ITS IMPLEMENTATION
LEGISLATION P. 682: Committee on International Relations: Free download,
borrowing and streaming: Internet Archive
2. Optional Protocol Optional Protocol to the Convention on the Rights of the
Child on the Sale of Children, Child Prostitution and Child Pornography. - New
York, May 25, 2000. - [Ratified by the Law of the Republic of Uzbekistan dated
December 11, 2008 No. ЗРУ-188]. - // Lex.uz: https://lex.uz/docs/2683911
(accessed: 22.05.2025).
3. Chernichenko S. V. Theory of International Law. Vol. 2. M., 1999. Pp. 391 - 392.
4. Universal Declaration of Human Rights. - Resolution of the UN General
Assembly of December 10, 1948.
5. International Covenant on Civil and Political Rights. - New York, December 16,
1966.
6. International Covenant on Economic, Social and Cultural Rights. - New York,
December 16, 1966.
7. Chernichenko S. V. Works. P. 392; Pavlova L. V. International protection of
human rights and its evolution at the present stage // Belarusian Journal of
International Law and International Relations. 1996. No. 1. P. 23
8. O.M. Starovoytov. International protection of children's rights as an institution
of international law. Belarusian Journal of International Law and International
Relations 2002 - No 3. // https://evolutio.info/ru/journal-menu/2002-3/2002-
3-starovoitov.
