Legal instruments for the protection of children's rights against acts of violence

Abstract

Introduction. Violence against children is still a widespread phenomenon in the Republic of Moldova, as only in 2020, 26% of girls and 35% of boys were subjected to physical violence by the age of 18. In the 2020-2021 academic year, throughout the country, teachers identified 6,949 cases of violence, of which 2,775 were physical violence. Aim of study. The paper aims to highlight the importance of the legal system in ensuring the protection of children's rights for their harmonious development. Methods and materials. An analytical study of international and national legislation on the protection of children's rights, including against acts of violence, was carried out. Results. The Universal Declaration of Human Rights guarantees every human being the right to life, liberty and security. The UN Convention on the Rights of the Child ensures children's rights at home and in society, including the right to be free from violence and sexual exploitation. By ratifying the UN Convention on the Rights of the Child, the Republic of Moldova undertook to provide children with good social security and conditions for intellectual and physical development as comprehensive as possible. The European Convention on Human Rights, also ratified by the Republic of Moldova (1997), is the most important instrument developed by the Council of Europe to guarantee fundamental human rights. The Constitution of the Republic of Moldova is the Supreme Law and ensures the respect of the rights of all citizens, including children. In the Republic of Moldova, the child's interests are protected by means of the Law on the Rights of the Child, which establishes the legal status of the child (up to 18 years) as an independent subject and provides for ensuring the child's physical and spiritual health and guaranteeing the right to life and physical and mental inviolability. The state is committed to protecting the child against any form of violence and exploitation, discrimination, physical or mental violence, cruel behavior, including from parents or legal surrogates and through Law no. 140/2013 regarding the special protection of children at risk and children separated from their parents and Government Decision no. 270/2014. The response of the health system to cases of violence against children is regulated by the Order of the Ministry of Health no. 445/2015. Conclusion. The rights of the child, including the right not to be subjected to acts of violence, are protected through international UN standards. Although the Republic of Moldova has special legislation on the protection of children, violence against them, especially physical violence, is still a frequently recorded phenomenon. In order to ensure the reduction of the incidence of this phenomenon, the population must be educated in the spirit of respecting the rights of the child, and the professionals trained in providing an adequate response to cases of violence against children, arising from their ultimate interest.