Volume 03 Issue 02-2023
14
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article describes the issues of guaranteeing children's rights. In addition, this article focuses on the concepts of
"child" and "minor" and analyzes their views on ensuring their rights.
KEYWORDS
Child, adulthood, youth, minor, rights, guarantee, provision, physical, lack of control, offense.
INTRODUCTION
It is known that ensuring the guarantees of children's
rights in Uzbekistan has risen to the level of state policy
and is one of the main and constant directions of the
reforms implemented in our country.
In fact, if we touch on the concept of "child", there are
several approaches in this regard, the international
1
«
Конвенция о правах ребенка
»
Нью
-
Йорк
,
20 ноября
1989
г.
Принята Резолюцией № 44/25 Генеральной Ассамблеи
Организации Объединенных Наций.
legal approach: in Article 1 of the UN Convention on the
Rights of the Child (1989) "a child is every person under
the age of 18"
1
that, as well as in the Convention "On
Urgent Measures for the Prohibition and Elimination of
Severe Forms of Child Labor" (Geneva, 1999) (2-m)
2
.
2
Сборник
международных
договоров
Республики
Узбекистан, 2009 г., № 2
-3.
Research Article
ISSUES OF GUARANTEEING CHILDREN'S RIGHTS
Submission Date:
February 06, 2023,
Accepted Date:
February 11, 2023,
Published Date:
February 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue02-03
B.Dj.Matmuratov
Ph.D. Assoc. Professor. Deputy Chairman Of The Committee On Development Of The Aral Bay Region And
Ecology Of The Senate Of The Oliy Majlis Of The Republic Of 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 02-2023
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In the Protocol (2000, New York) on the Prevention,
Suppression and Punishment of Trafficking in Persons,
Especially Women and Children, supplementing the
United Nations Convention against Transnational
Organized Crime (3rd paragraph)
3
, every person
under the age of 18 it is said that man is a child.
At this point, D.R. Karimova commented that the
general definition of "child" proposed by the UN is
unable to record all the specific aspects of the issue of
the child and its rights, the specific features of the
concept of a child, and the difference between a
newborn person and an 18-year-old person, as well as
taking into account that the rights of the fetus in the
mother's womb are also different, he drew attention
to the fact that there is no different approach to the
protection of their various rights and interests and
referred to the following scheme: Fetus - Infancy -
Adolescence - Adolescence - Becoming a socially
capable person
4
.
We also agree with these thoughts. However, the fact
that the term "minor" is not given in the generally
recognized norms of international law is also a cause of
controversy.
Historical approach: in "Avesta" the period of
adolescence included the period from the time a child
appears in the mother's womb to the age of 15. After
reaching the age of 15, it is necessary for him to tie a
3
Сборник
международных
договоров
Республики
Узбекистан, 2008 г., № 3
-4.
4
Каримова Д.Р. Ўзбекистон ҳудудида бола ҳуқуқлари
генезиси, эволюцияси ва унинг истиқболлари. Юридик
фанлари доктори илмий даражасини олиш учун ёзилган
диссертация. –
Т.: 2017. –
Б. 23
-24.
5
Авесто
// Тарихий
-
адабий ёдгорлик / Асқар Маҳкам
таржимаси. –
Т.: Шарқ, 2001. 382 б.
–
Б. 164.
special girdle signifying adulthood and wear sudra
clothing (Vandidot, 18-fragdad, paragraph 54)
5
.
15-year-olds are taught the laws of Zoroastrianism,
moral and virtuous thoughts, noble words, noble
deeds
6
. In the teachings of Islam, most scholars,
including the fetus in childhood, expressed the opinion
that "childhood includes the period up to 14 or 15 years
of age"
7
.
Scientific approach: D.R.Karimova, who conducted
research on the genesis, evolution and prospects of
children's rights in Uzbekistan, says, "A child is a human
race from the fetus to the age of 18"
8
.
We support the fact that D.R.Karimova added the fetus
to the child, because even during the period of the
fetus, the child has certain rights and freedoms, and
the task of ensuring it is entrusted to the responsible
state bodies.
In the "explanatory dictionary of the Uzbek language",
although "minor" is not defined separately, in relation
to the concept of "coming of age": "coming of age
(adulthood). To reach a mature (mature) level in
general, young and otherwise. To reach maturity and
perfection in a certain work, activity.
Given the definition of "to sprout and grow", it is self-
evident that the concept of "juvenile" is the opposite
of the concept of "coming of age", i.e. the antonym of
6
Тўйчиев Ҳ. Шахс ҳуқуқий онги ва ҳуқуқий таълим. –
Т.:
Муҳаррир, 2010.
128 б.
–
Б. 50.
7
Legislative History of the Convention on the Rights of the
Child (1978-1989), United National Center of Human Rights,
Human Rights. 1995, ser.1, Article.1.
–
P.11.
8
Каримова Д.Р. Ўзбекистон ҳудудида бола ҳуқуқлари
генезиси, эволюцияси ва унинг истиқболлари. Юридик
фанлари доктори илмий даражасини олиш учун ёзилган
диссертация. –
Т.: 2017.
–
Б. 31.
Volume 03 Issue 02-2023
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
"to grow up to a minor, young and otherwise mature
level, to maturity or maturity in work or a certain
activity" means "not achieved". In this case, we need
to clarify the difference between a minor and a minor,
because a minor and a minor are different from each
other from a legal and medical point of view
9
.
Puberty is a medical term that defines puberty as a
child's physical, sexual and mental maturity. Medically,
puberty is defined as 15-18 years for girls and 15-20
years for boys.
Legal approach: determines the degree to which a
person can enter into legal relations. For example, we
can see that the age of criminal responsibility is defined
as 13, 14, 16 and 18 in the JK, the age of administrative
responsibility is 16 years, and the age of employment
relations is 15 and 16 years. Regarding the concept of
the age of majority in the "Legal Encyclopaedia": "It is
the age established by the law, and a citizen is
considered to have full legal capacity upon reaching
this age. We can see that 18 years is defined as the age
of majority in the Republic of Uzbekistan.
National legal approach: in the laws of the Republic of
Uzbekistan, the concepts of child (children) and minor
(minors) have the same meaning. For example, in the
article of the Law of the Republic of Uzbekistan "On
Guarantees of Children's Rights" (2008), the concept
of child (children) is defined as "a person (persons) up
to eighteen years of age (adult)"
10
. Also, in the Law of
the Republic of Uzbekistan "On Prevention of
9
Ўзбек тилининг изоҳли луғати / 80
000
дан ортиқ сўз ва сўз
бирикмаси /
/ кутубхонаси. –
Б 469.
10
Ўзбекистон
Республикасининг
«Бола
ҳуқуқлари
кафолатлари тўғрисида»ги 2008 йил 7 январдаги қонуни //
http://lex.uz.
11
Ўзбекистон Республикасининг «Болаларни уларнинг
соғлиғига зарар етказувчи ахборотдан ҳимоя қилиш
Misconduct and Offenses Among Minors" (2010), "a
minor is defined as a person under eighteen years of
age", and in the Law of the Republic of Uzbekistan "On
Protection of Children from Information Harmful to
Their Health" (2017) "children are persons under the
age of eighteen (minors)"
11
. The above international
and national laws define children and minors as
persons under 18 years of age.
Although the concept of "minor" is not defined in the
Republic of Uzbekistan on Criminal, Administrative
Responsibility, Criminal-Executive Codes and other
normative legal documents aimed at protecting the
rights of minors, the words "minor" are used and we
can see that they mainly emphasize 14-18-year-olds
12
.
Also, Article 3 of the Law of the Republic of Uzbekistan
"On State Policy Regarding Youth" (2016) defines that
"Youth (young citizens) are persons who have reached
the age of fourteen and do not exceed the age of
thirty"
13
.
It can be seen that persons who have reached the age
of 14 and under the age of 18 are also included in the
youth group. Here the question arises, are persons
older than 14 years and under 18 years of age minors?
Or children? Or young people? We can see that under
the age of 18 this is a child (children) in international
law.
It should be noted that the Republic of Uzbekistan
ratified the Convention on the Rights of the Child on
тўғрисида»ги 2017 йил 8
сентябрдаги қонуни //
http://lex.uz.
12
S.S.Niyozova.
Reasons for Suicide and the Issue of
Responsibility. International Journal of Pharmaceutical
Research | Dec 2020 | Vol 12 | Supplementary Issue 3 p. 530.
13
Ўзбекистон Республикасининг «Ёшларга оид давлат
сиёсати тўғрисида»ги 2016 йил 14 сентябрдаги қонуни //
http://lex.uz.
Volume 03 Issue 02-2023
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
December 9, 1992, and adopted the Law on Guarantees
of Children's Rights on January 7, 2008 in order to
implement the provisions of this important
international document into our national legislation.
In Article 10 of the Law, the state ensures the privacy
of the child's identity, home, and correspondence, and
protects the child from all forms of exploitation and
abuse, including physical, mental, and sexual abuse,
torture, or other cruel, rude, or degrading treatment. It
was established that protection from sexual
harassment, involvement in crimes and anti-social acts
will be carried out
14
.
In order to further strengthen the guarantee of
children's rights, on April 22, 2019, the position of the
deputy human rights representative (ombudsman) of
the Oliy Majlis of the Republic of Uzbekistan - Child
Rights Representative and his regional representatives
were introduced.
It should be noted that the institutional and legal
foundations of reliable protection of children's rights,
freedoms and legal interests are gradually being
improved in our country. In the development of laws,
priority is given to compliance with the Constitution
and laws of the Republic of Uzbekistan, generally
recognized principles and norms of international law
on human rights.
Amendments and additions were made to some legal
documents regarding the guarantee of children's
rights. These are the Family Code of the Republic of
Uzbekistan, the Code of Administrative Responsibility,
the Criminal Code, the Law of the Republic of
Uzbekistan "On Guarantees of Children's Rights", the
Law "On Guardianship and Sponsorship", the Law "On
14
S.S.Niyozova. Prevention of Crime in the Family and the Role
of Victimology in the Republic of Uzbekistan. International
State Policy Regarding Youth", the Law "On
Education" The law and other legal documents are
being improved.
In particular, in order to increase the protection of
minors from sexual assaults, Article 128 of the Criminal
Code of the Republic of Uzbekistan dated December 7,
2021, which states responsibility for sexual intercourse
with a person under the age of six, has been
supplemented with a new 2 part, according to which
these actions are the giving of material values or
property interest. perpetration by doing it was defined
as an aggravating circumstance of responsibility.
With this Law, Article 1281 of the Criminal Code was
added, and liability was established for sexual
intercourse with a person between sixteen and
eighteen years of age by giving material values or
obtaining a property interest.
It should be noted that with this law, in order to
strengthen the humanity of minors, the age of criminal
prosecution was changed from thirteen to fourteen
years, and accordingly, the subject of the crime of
intentional homicide in the second part of Article 97
was set at 14 years old.
It is known that Article 107 of the Code of Criminal
Procedure of the Republic of Uzbekistan states that
the total duration of the interrogation should not
exceed eight hours in one day, and the one-hour break
for rest and meals is not included in this count. By the
Law of the Republic of Uzbekistan dated December 7,
2021, Article 121 of the Civil Code (Specific aspects of
questioning a minor witness or victim) was
supplemented with the fourth part. it was determined
that it should not exceed four hours.
Journal of Advanced Science and Technology Vol. 29, No. 3,
(2020), p. 3962.
Volume 03 Issue 02-2023
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
02
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
CONCLUSION
In conclusion, the gradual improvement of the system
of guaranteeing children's rights is aimed at effective
protection of the rights and legal interests of minors in
our country and the harmonization of national
legislation with international standards.
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Pages:
14-19
SJIF
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FACTOR
(2021:
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705
)
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1121105677
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Oscar Publishing Services
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Doi:https://doi.org/10.37547/tajpslc/Volume
03
Issue p. 03-15.
