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On Children’s Rights and Its Legal Protection

Author: DanCuiChun
Tutor: HuangWenYi
School: Jilin University
Course: Legal
Keywords: Rights of the Child Protection of rights The subject of rights Guardianship The main obligations Personality
CLC: D922.183
Type: Master's thesis
Year: 2005
Downloads: 293
Quote: 4
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Abstract


The main purpose of this dissertation is to explain the theoreticalfoundation for children’s rights protection and to advocate a new viewpointon children’s rights. The rationality of children’s rights protection requiresspecial protection from the law, as children should enjoy basic human rightsas an individual in the social sense and also belong to the category of weakgroup because of the physical and mental characteristics of children, whichmake their rights fragile to infringement. As discussed in this dissertation, it’sa brand new viewpoint on children’s rights to raise children’s deservedinterests to the height of human rights and give protection to children fromthe perspective of human rights.Firstly, the analysis commences with the theoretical ground on children’srights protection, demonstrating children have the same basic rights byconstitution and law as adults do and moreover should have further specialrights according to their traits. Secondly, the discussion focuses on thecharacter of children’s rights. Based on the universal theoretics on rights,children’s rights consist in a broad spectrum of applications. Internationaltreaty and agreement divided children’s rights into four categories: survivalrights (rights for life and health, personality rights), development rights(rights on mentality, emotion, perception, society and culture), safeguardrights (protection from discrimination, danger, emergency and for everypersonal rights), and rights of participation(rights to participate in family,culture and society life). Thirdly, it is discussed that the party withobligations for children’s rights should be state, parants and guardian andamong them there are different obligations to be exercised.After that, legal practices concerning children’s rights protection isdiscussed. Starting with international legislation on children’s rightsprotection, it is pointed out in this paper that the legislation is to demonstratethe opinion that children are equal individuals in the society and have thesame inherent rights as grown-ups do. International society has drawn up aseries of essential documents and has enacted abundant agreements and

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Young Persons Act
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