CHILDREN'S RIGHTS ENSURING BY MEANS OF GENERAL AND THEORETICAL LAW SCIENCE: CONCEPTUAL PRINCIPLES

Abstract

Abstract. The purpose of the study is focusing scholars’ attention on the need to take into account of general and theoretical law science’s provisions in determining areas for activities concerning the rights of the child provision improvement. According to the statistical data analysis, the issue of combating violence against children (particularly in the context of prevention) is extremely important for Ukrainian society and needs to be solved urgently. Researchers are mainly focused on addressing branch aspects of combating violence against children. The importance of systematic and consistent reform of the field of child protection, which should be carried out on scientifically sound provisions, taking into account the achievements of general and theoretical law science is noted. The application of the activity approach to the legal phenomena’s study implies a clear purpose understanding of the measures to be taken to ensure the rights of the child. Anticipation of only criminal and legal means of counteracting violence against children, without taking into account of administrative and law, family and law, and other means will not have the proper result. The two fundamental provisions of general and theoretical law science, which the concept of combating violence against children should be based on, are distinguished. The perception of the child as a person with inherent human rights and fundamental freedoms should be the starting point for reform in the field of combating violence against children. To this day, the child is mostly perceived as an “object” that needs “special” treatment. The interests of the child should be perceived and taken into account while making decisions that affect the child’s state. The child due to his age and human organism specialties and perception needs additional protection. It is in this context that the rights of the child that should be seen as additional guarantees for the comprehensive development of the child should be discussed. It is concluded that the lack of comprehensive theoretical and law research on the problem of combating violence against children is the factor determining the inefficiency of the state’s activity direction and indicating the need for legal science to eliminate existing gaps in study of the mentioned subject. State reform of the social sphere concerning the rights of the child should be based on the postulate of equality of all people in their rights, regardless of their age, and the rights of the child are a subsidiary phenomenon taking into account the situation of the child and provides additional obligations (negative and largely positive) of public authorities.