Volume 03 Issue 07-2023
114
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
114-117
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
Any person born on earth has his or her own rights and obligations. And naturally, all children are endowed with
certain rights from birth. The rights of the child include those rights and freedoms that every child owns until the age
of eighteen. The problem of realizing and protecting the rights and interests of minor children is one of the main
problems of our time, as it is closely related to the future fate of each society. This article discusses the problems
associated with the regulation of the legal status of the child and the protection of his rights in our country, which
depends on the development of his personality, his upbringing and moral health.
KEYWORDS
Child, family, alimony, convention, parents, rights and interests of the child, protection, State party.
INTRODUCTION
The birth of a child is an important event in the life of a
man and a woman who gave birth to a child. This is the
basis for the emergence of legal relations between
parents and children, regardless of whether the
parents are married or not, whether they live together
or separately. A child is registered immediately after
the birth and he has the right to get a name and acquire
citizenship from the moment of the birth, as well as,
the right to know his parents and take their care. The
Family Code and the Law of the Republic of Uzbekistan
"On Guarantees of the Rights of the child" enshrines
the right of the child to a first name, patronymic and
surname. The name of the child is given with the
agreement of the parents and the patronymic is
assigned by the name of the father. The surname of the
child is determined by the surname of the parents.
With different surnames of the parents, the child is
assigned the surname of the father or the surname of
the mother with the agreement of the parents. At the
request of the parents, the child can be assigned a
derivative of the name of the grandfather both on the
paternal and maternal lines based on national
Research Article
PROBLEMS OF ENSURING AND PROTECTING THE RIGHTS OF THE CHILD
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-19
Matkarimova Sarbinaz Dauletbaevna
Master Student Of Law, Legal Adviser Of Llc «Qqavtotexxizmet», Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
115
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
114-117
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
traditions. If there is a disagreement between the
parents regarding the name and (or) surname of the
child, it is resolved by the guardianship and
guardianship authority. Before the child reaches the
age of sixteen, the civil registry office based on the
joint request of the parents has the right to change the
child's name, as well as change the surname assigned
to him to the surname of another parent.
The main document on the rights of children in our
country is considered as the Constitution of the
Republic of Uzbekistan, on the basis of which the
relevant legislation is adopted, among them the Law of
the Republic of Uzbekistan "On Guarantees of the
Rights of the child" should be highlighted in order to
create legal, socio-economic conditions for the
realization of the rights and legitimate interests of the
child and it surely establishes the basic guarantees of
these rights and legitimate interests. An important
feature of the Law is the consolidation of the principle
of non-discrimination of children on the basis of race,
skin color, sex, language, religion, political or other
beliefs, national or social status, birth or other
circumstances concerning the child or his family, which
is a priority international requirement to ensure
equality of all children. The rights of the child are also
enshrined in the Civil and Family Codes of the Republic
of Uzbekistan. The consequences of the use of cruelty
to a child are also covered by the provisions of the Code
of Administrative Responsibility and the Criminal Code
of the Republic of Uzbekistan.
The child has the right to protect his rights and
legitimate interests. The protection of the legitimate
rights and interests of the child is carried out by the
parents (people, replacing them), and in cases,
provided by the Family Code of the Republic of
Uzbekistan by the guardianship and guardianship
authority, the prosecutor and the court. A minor,
recognized as fully capable before reaching the age of
majority in accordance with the law, has the right to
realize his rights and obligations independently,
including the right to protect them.
As children are not always able to stand up for their
rights and interests on their own, they need the help of
adults. Adults are obliged to protect their child from
physical and mental violence, injustice, neglect, sexual
abuse and other dangers. In addition to protection,
adults are obliged to provide conditions for the
development of their child's abilities and interests.
Providing the most developing environment means
that the child should be provided with the best
possible childhood. Those children who cannot grow
up in the circle of their family, education and
development should be provided by the state.
Thus, the child remains the most vulnerable, and in
most cases-helpless even with the current highest level
of protection of the rights of the child provided by
State and International law. After all, all situations can't
be prescribed in the laws. There has always been a
problem on how to protect and care children from all
kinds of influences in the republic, since juvenile
delinquency, the growth of orphans and teenagers
running away from home are increasing every year.
Taking into account that children are considered as the
most precious person in our country and in any society,
regardless of the political system and religious
denomination the public has been facing with the
solution of the most important problem: how to
protect the rights of the child, thereby preserving the
gene pool of the nation?
Articles 65-66 of the Family Code state that every child
has the right to live and be brought up in a family, the
right to know his parents and take their care, the right
to live together with them, except in cases where this
Volume 03 Issue 07-2023
116
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
114-117
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
is contrary to his interests. The child has the right to be
brought up by his parents and to ensure his interests,
comprehensive development, and respect for his
human dignity. The child has the right to communicate
with both parents, grandparents, brothers, sisters and
other relatives. The dissolution of the parents'
marriage, its invalidation or separation of the parents
does not affect the rights of the child.
In case of separation of the parents, the child has the
right to communicate with each of them. The child has
the right to communicate with his parents even if they
live in different countries. But, unfortunately, many
children whose parents are divorced do not have the
opportunity to communicate with both parents today.
There can be many reasons for this, but it should not
violate the rights of the child.I believe that in no case
biological parents do not have the right not to engage
in the upbringing of their child. In the case of a divorce
of the spouses, the courts should oblige the parents to
communicate with the child wherever they are. That is,
the child, if desired, should be able to communicate
with both parents. Court decisions should clearly
indicate the time that a parent is obliged to devote to
his child.
According to Article 67 of the Family Code, a child has
the right to be protected from abuse by parents
(people, replacing them). The modern family is
included in various mechanisms of social interaction,
and therefore the socio-economic cataclysms cannot
support the strengthening of the parent-child
relationship in our country. Parents’ overloads at work,
the need to search for their earnings, and the reduction
of their free time lead to deterioration of children’s
physical and mental state, increased irritability, fatigue
and stress. Parents often splash out their negative
emotions on children, and therefore parental cruelty
takes place in many families. That is why every child has
faced a manifestation of cruelty on the part of parents
or loved ones at least once in his life. Violence, abuse
and exploitation have a devastating impact on
children. They threaten their lives and physical health;
jeopardize their emotional well-being and prospects
for the future. Violence can pass from generation to
generation: children who have experienced violence
often perceive it as the norm and they become victims
of violence or rapists themselves in their adulthood.
According to Article 15 of the Law "On Guarantees of
the Rights of the Child" and Article 68 of the Family
Code, a child has the right to express his opinion when
resolving any issue affecting his interests in the family,
as well as during any judicial or administrative
proceedings. Bodies (persons) authorized to make
decisions, when resolving issues affecting the interests
of the child, should consider the opinion of a
reasonably and independently thinking child as an
important factor, regardless of his age, and make
decisions based on the best interests of the child. As
we know, during the divorce process in our country, in
most cases, the court leaves the children with their
mother. But recently, cases have become more
frequent when a mother, having left her children by a
court decision, leaves in search of earnings in other
countries, leaving the children in the care of a
grandmother (grandfather). Children remain without
parental supervision, and this can lead to disastrous
consequences, since the factor of family education for
the physical and moral development of a person is of
extreme importance. The upbringing of a full-fledged
member of society with high moral principles is the
task, first of all, of parents, because parents form the
character and contribute to the comprehensive
development of the child based on their own life
experience. That is why I believe that when making a
decision regarding children, the courts should first fully
examine all the conditions of both parties for raising
Volume 03 Issue 07-2023
117
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
114-117
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
children, that is, examine the material security of each
of the spouses, their mental health, the conditions
created for the development of the child and then
make a decision. There are often cases when, after a
court decision, the parent who left children forces the
children to earn their own bread, or does not engage
in his upbringing at all, arranging his personal life, and
in such cases there can be no question of a decent life
for the child. That is, the courts should make a decision
not in favor of one of the parents, but in favor of the
child based on his interests. First of all, the child should
feel comfort.
Violations of children's rights must be fought. It is very
important to raise awareness not only among those
who make decisions about children's rights, but also
among the general population that children are full-
fledged holders of rights. It is necessary to completely
eliminate the concept of "my child and I will decide
what to do with him." In Uzbekistan, the protection of
children's rights is a priority task of State policy and is
constantly in the focus of attention of the whole
society. This comes from the historical traditions and
mentality of our people, who treat children with
special love and are seriously engaged in their
upbringing. From time immemorial, our ancestors
considered it a sacred duty to teach a child a profession
and prepare him well for independent life. In the
Republic, the State and society take systematic and
consistent measures to ensure a decent standard of
living for a child, which takes into account the whole
set of interdependent socio-economic conditions and
spiritual and moral foundations of children's life:
material well-being, health, education, use of free time,
access to the labor market, social security, as well as
sufficient to restore physical and intellectual forces,
nutrition, etc. The above norms in the legislation once
again confirm the commitment of Uzbekistan to the
universal values of protecting the rights of the child.
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