2012年7月13日星期五

's independent human rightsChanges in protection of children's ideas, to

's independent human rightsChanges in protection of children's ideas, to recognize and respect the independent human rights of the child. Child protection should not only focus on the basic right to life, but also to focus on their human dignity and the right to development. Children is an important national sustainable development of human resources, and future competition is actually a child's development competition Yuan Lin, "61" International Children's Day. As a socialist country under the rule of law, China's socialist legal system has been formed, but the legislation to protect the rights of the child and practical protection issues still need to pay more attention. In recent years, with the transformation of Chinese society, the widening of the gap, some special groups of street children, children left behind, children from poor families, children, their interests are more vulnerable to violations of their physical and mental health need for the state and society to care. As a long-term concern the protection of the rights and interests of children and scholars, in this special holiday, I strongly urge the protection of the legitimate rights and interests of these children. Children are the future of humanity, the international community and all countries to use legal means to strictly protect the rights and interests of children. Convention on the Rights of the Child clearly stipulates that States shall take all appropriate measures to protect children under the care of the person's parents, legal guardians or any other responsible for the care of children, not subject to any form of physical or mental violence, injury or abuse, neglect or do not care weeks, maltreatment or exploitation, including sexual abuse. China in a series of laws of the Constitution, the Protection of Minors Act, criminal law explicitly states that the protection of children against abuse of children. Child abuse and other violations of the Rights of the Child incident is more complicated, mainly in the following two reasons: First, the concept of child protection behind. This is mainly the children are relatively independent members of society, lack of awareness of human rights protection. Many people the concept of the protection of children is to ensure the basic conditions of existence, the lack of true awareness and attention on children are relatively independent of the physical and mental health protection and growth conditions. Child protection awareness relating to the country's competitiveness is weak. The existing legislation on the protection of children basically stay in the shallow protection, protection of children's growth is not from the point of view of the country's future development of competition. At present, the social protection of children is more focused on the protection of children's individual interests, and more treated as a private matter, the saying goes, "their children hold" does not recognize the protection of children on crime prevention, the far-reaching social security impact. Second, children's rights protection mechanisms obvious defects. Of the main body of our child protection, but did not form a government-led, government and families, schools, the integrity of the protective mechanism of coordination of social interaction; currently a lot of child protection measures, but no system of interrelated organic whole, if there is no established based on the overall welfare of the child protection mechanisms, the lack of children to help and support system, lack of funding for child protection system protection mechanisms. Relief and protection of children is more temporary, long-term mechanism. In addition, administrative and judicial accountability mechanism is not perfect. Some law a violation of the rights and interests of children should bear the administrative and criminal responsibility, but because of the current provisions are not specific or unreasonably affect the timely and effective protection of children, corporal punishment, such as a kindergarten teacher abuse of students did not meet the standards of assault the circumstances are serious only be given administrative sanctions do not constitute a crime. Another example is the criminal law provisions maltreatment object, whether for children are applicable to proceedings to be handled only. For the above reasons, from the perspective of system construction, enhance the protection of the rights of children, should take the following measures as soon as possible: First, change the concept of the protection of children, recognition and respect for the independent human rights of children. Child protection should not only focus on the basic right to life, but also to focus on their human dignity and the right to development. From the perspective of the national development strategy, the implementation of the protection of the rights of children. Children is an important national sustainable development of human resources, the future of competition is actually a child's development competition. From the perspective of Social Security and Crime Control to recognize the protection of children, juvenile delinquency has become a major social problem. According to the 2010 Juridical Yearbook, the "Eleventh Five-Year" period of five years, the number of juvenile delinquency rose 68%, and the protection of children can be effective in reducing crime, social stability and harmony. Second, to build the children's interests to protect the overall mechanism. By modifying the existing Protection of Minors Act, or the development of child welfare law, the establishment of the child protection system. Protection mechanisms to establish a government-led government a clear dominant position in the child protection, the government should the main responsibility for child protection or to be the last to protect the main co-ordination protection of children, specifically the rights of the child protection agency could be set up to fulfill the Government to protect children responsibilities. Improve the child welfare system, through the funding of legal certainty the protection of children. To construct a reasonable system of accountability for children subjected to abuse or violations of the risk of administrative and judicial relief and intervention must start. Families with child abuse, administrative and judicial intervention, if necessary, deprived of the custody of a guardian. In addition, to increase penalties for violations of the rights and interests of children, such as the expansion of the main scope of ill-treatment of children outside the family members bear the responsibility to protect personnel such as school teachers, kindergarten teachers and nurses, relief agencies and child welfare agencies are also incorporated into the main body of ill-treatment; number of students or the circumstances are flagrant abuse of corporal punishment of the teacher, can constitute a crime. To establish the statute of special protection program aimed at children, such as child abuse, NA to be handled only requirement.

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