Child’s right to express his/her views in the context of Russian culture and democracy

Russian Law Journal. 2014. Vol. II. No. III. P. 23–48.

Kravchuk N. V.

The main focus of this paper is the right of the child to express the views, in particular understanding its essence and scope and perspectives of the realization of this right in Russia in the context of the legislation in force, cultural prerequisites and Russian model of democracy. With this in view I study the interconnection between the right to express the views (partially accepted in Russia) and the right to participate (denied to the child due to traditional attitude towards the minor). The conclusion is made that the right to participation should be considered as a broader one which can not be equated to the right to express views. The latter nevertheless is the core, the basis for the other related rights. Further I give an overview of the legal framework and practice of the implementation of the child’s right to express the views and participate in the decision making. Finally, I explore the traditional perceptions with regard to children and their rights and the specifics of Russian democracy, and how they influence right of the child to express the views. The revival of “traditional values” reflected in the legislation and supported by state policies, I argue, together with an open denial of the primacy of the international standards in the field makes it clear - Russia is not in favour of the child’s right to express views.

Keywords: демократия, культура, законодательство, Россия, culture, Russia, legislation, views, participation, democracy, мнение, участие, права ребенка, child’s right