Today, June 1, is the Day for the Protection of Children’s Rights.
Armenia ratified the Convention on the Rights of the Child in 1990. The RA Law on the Rights of the Child was adopted in 1996.
Article 37 of the Constitution defines the Rights of the Child ․
1. A child shall have the right to freely express his or her opinion which, in accordance with the age and maturity of the child, shall be taken into consideration in matters concerning him or her.
2. In matters concerning the child, primary attention must be given to the interests of the child.
3. Every child shall have the right to maintain regular personal relations and direct contacts with his or her parents, except for the cases where pursuant to a court decision it is against the interests of the child. Details shall be prescribed by law.
4. Children left without parental care shall be under the care and protection of the State.
According to Article 1 of the Family Code, the state guarantees the primary protection of children’s rights.
Any action taken towards the child should be in the best interests of the child. Ensuring the best interests of the child is aimed at the effective and full realization of the rights of the child enshrined in the Constitution of the Republic of Armenia, as well as the development of the child, taking into account the child’s mental and physical needs, the possibility of appropriate care, the child’s ability to communicate with the parent and other members of the family, the issue of ethnicity, the child’s cultural, linguistic, spiritual or religious ties or upbringing and the importance of the family environment and other needs, requirements and interests.
Article 43 of the Code defines the right to protection of a child.
- A child has a right of protection of his/her lawful rights and interests. The protection of child’s rights and interests is realized by parents (lawful representatives), and in cases stipulated by the given Code, by the departments of custody and guardianship.
A minor recognized completely capable by the procedure established by law has a right to realize his/her rights (in particular the protection right) and obligations independently.
- A child has the right to be protected from the abuse of his/her parents (lawful representatives).
In case of violation of a child’s rights and interests (in particular, violation or partial realization of the obligation of parents or one of them to rear and educate the child, as well as the abuse of the parental rights) a child has a right to apply for help independently to the departments of custody and guardianship.
- The officials and other citizens, who became aware of the threats to live and health of a child, as well as the cases of violation of child’s rights and interests, should inform about that the departments of custody and guardianship of the virtual residence of a child. After getting such information the department of custody and guardianship should undertake necessary means for protection of a child’s rights and interests.
It should be remembered that:
The child has the right to listen to the examination of the issue և to express his / her opinion in the family, in the judiciary և in other bodies when resolving any issue affecting his / her rights and interests.
The child has the right to freely express his or her opinion, which, according to the child’s age and level of maturity, is taken into account in matters concerning him/her. When hearing the opinion of a child, the competent authority shall involve a child psychologist or pedagogue or social worker in cases provided by law.
The opinion of a child over ten years of age must be taken into account in connection with freedom of conscience, participation in certain events, refusal to receive extracurricular education, living with one of the parents, communicating with relatives, and other cases provided by law.
In cases stipulated by the Family Code the courts and departments of custody and guardianship can make a decision concerning a child above 10 only with his/her consent.
All this is defined by law.
