The presentation of the monograph entitled “Essence of the Child’s Right to Freedom of Movement and the Problems of its Implementation” by Hayarpi Zargaryan, Judge of the Anti-Corruption Court of Appeal, PhD in Legal Studies, took place at the Academy of Justice.
Congratulating the children of those present on the day of protection of rights, Hayarpi Zargaryan wished them a happy childhood under a peaceful sky.
“My monograph is dedicated to children, to children’s rights and to a unique type of law, which, as far as I have been able to study, has not been established as an independent type of law before, both in domestic jurisprudence and in foreign theoretical literature. I mean the child’s right to move freely,” she said.
According to her, the experience gained in judicial practice and a number of existing problems were a prerequisite for this type of study of law. One of the particularly important goals in addition to carrying out a purely scientific study was also to create a practical material that would later serve as a daily tool for both judges and lawyers in their work activities.
“I do hope that it will be a prerequisite for the legislative power to initiate the implementation of a series of amendments to the RA Family Legislation and special legal acts dedicated to children’s rights, for which I also express my support, to the extent that my professional knowledge will allow,” she said.
The author’s main objective with the monograph was not only to promote the child’s right to free movement as a new type of right, but also to show its strict separation from the parent’s right of the same name.
She also emphasized that judges have an important principle in the process of solving problems related to children: the best interest of the child, which is also fixed at the legislative level. The best interest of the child was presented in a new way in the monograph, combining it with the rights of the child’s free movement and the child’s place of residence, and justifying that the best interest of the child, in addition to being the basis of the norms of substantive law, is also an independent procedural principle and criterion.
Hayarpi Zargaryan expressed gratitude to the Rector of the RA Academy of Justice, Sergey Arakelyan, and the Scientific Council for guaranteeing the publication of her monograph.
Md. Sergey Arakelyan, Rector of the Academy, , in his congratulatory speech mentioned, “The healthier, stronger, more protected, including from the legal point of view, our children are: the same our society will be tomorrow. I think that we should all have hopes in that direction and each of us should make a certain contribution in this regard. I think the monograph will be interesting and will have practical significance for our colleagues working in the field of criminal law, in particular, there can often be common ground, especially depending on the child’s right to move, to choose his/her place of residence.”
Ms Lilit Tadevosyan, the President of the RA Court of Cassation, also congratulated Hayarpi Zargaryan on the occasion of the publication of the monograph. She noted that the issues raised do not raise any doubts in terms of relevance; it is valuable due to the fact how important the protection of children’s rights is for any society and state.
“I always think that the source is valuable, especially if the judge dealt with it. Why? Because the judge in addition of the opportunity to make the theoretical problems the subject of discussion, but also to see the problems of their practical application, the questions, and raise them to the level of scientific research,” Lilit Tadevosyan said.
She also emphasized that in the 21st century, we all witnessed the fact that as a result of the blockade of Nagorno Karabakh and subsequent events, the rights of thousands of children to free movement, as well as to education, place of residence and other fundamental rights were violated. “It shows that we all still have work to do, both in the legal as well as in the scientific field, and I think this source will become a valuable basis that will be important in terms of making legislative changes and developing our domestic law.”
PhD in Legal Studies, Associate Professor Tigran Markosyan, referring to the importance and relevance of the work. He emphasized that it is indisputable from both theoretical and practical points of view, and with this step, one can say, domestic jurisprudence was enriched with another important work. Markosyan noted that the author had been able to combine the substantive and procedural aspects, raised important questions and gave landmark formulations both from the point of view of the perception of material and procedural rights.
Associate Professor Taron Simonyan, PhD in Legal Studies, congratulating on the creation of the monograph, reaffirmed the belief that the development of society depends on children, and if we want to have a healthy society, we need children with a healthy psychology.
“It is easy to understand the psychology of an adult, but the psychology of a child with a very deep and complex imagination can be understood by special people, and I am sure that when writing her work, Mrs Zargaryan, explained this content according to the logic of the child’s psychology and developed a very serious product.” Taron Simonyan said.
