Human Rights of Minors - Rights and Legal Interests of Minors

human factor; consider people as the subject, main resource and goal of development"; "Must ensure human rights, civil rights and conditions for everyone to develop comprehensively" [31, p.100].

2.1.2.3. Human rights of minors - Rights and legitimate interests of minors

* Human rights of minors

If in the previous feudal period, children were not recognized as equal subjects completely dependent on their parents or even as a form of their "property", then with the appearance of the Universal Declaration of Human Rights 1948, it was clearly stated: "Every child... has the right to enjoy the protection of family, society and the state". In addition, this spirit is also expressed in the two Covenants on Civil and Political Rights, Economic and Social Rights 1966, accordingly, recognizing children as subjects equal to adults in enjoying basic freedoms. Not stopping there, international documents on human rights have also made important progress in recognizing and protecting children's rights by identifying children as subjects in need of special protection because this subject has specific human rights.

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In 1959, the United Nations adopted a separate document on children's rights called the United Nations Declaration on the Rights of the Child. This was an important premise for the United Nations to develop and adopt the 1989 International Convention on the Rights of the Child. This Convention not only defined children but also set out the basic principles in protecting the rights of this group of subjects; that is, affirming that children are the subjects of rights, not the grants or pity of pure charity; children are the most vulnerable social group, with special needs... therefore, have the right to special care, treatment and protection. It can be said that the 1989 Convention on the Rights of the Child has included

covering all aspects of children's rights, is a multilateral international treaty.

method reflects the importance of child rights protection as well as

the concern of countries for the younger generation. For the first time, the Convention on the Rights of the Child has outlined the aspects of children's rights and clearly defined the obligations of countries in ensuring children's rights and the relationship between children's rights and human rights, that is:

In the Preamble, CUQTE reiterated the affirmation in the Universal Declaration of Human Rights that the United Nations, that children have the right to special care and assistance… and believes that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and in particular children, should be afforded the necessary protection and assistance so that they can fully assume their responsibilities within the community… and that, for the full and harmonious development of their personality, children should grow up in a family environment, in an atmosphere of happiness, love and understanding. The reason for protecting children's rights is that “by reason of their physical and mental immaturity, the child needs special safeguards and care, including appropriate legal protection, before as well as after birth”. With the affirmation in the Preamble, member states continued

affirm in more specific and detailed terms the rights of children, including

Specific rights such as: Right to non-discrimination; Right to have a name

and nationality from birth; The right to special protection and care,

before and after birth; The right not to be separated from parents; The right to health care; The right to education ; The right to live in

healthy environment

and self

of course;

Right to recreation;

Rights

receive information appropriate to their age; The right to freely associate

and gather together in groups of friends with common interests.

prefer;

Right to

receive special care; The right to freedom of expression; The right to

protection against maltreatment; The right to protection against sexual abuse; The right to legal adoption; The prohibition of all forms of sale of children. The right to protection against all forms of torture and

ill-treatment; The right to specific rights when committing a crime; The right to protection from drug abuse.

* Legitimate rights and interests of minors

Up to now, the term "Legitimate rights and interests" has no official concept. Because, this is another name for Human Rights recognized in the legal system of each country, depending on economic, social conditions, national customs...; protected and guaranteed by laws and different institutions. Therefore, when talking about "legitimate rights and interests", it can only be understood on a national scale and in the scope of the Thesis, we only refer to the scope of Vietnam.

In Vietnam, because the concepts of Children and Minors are not unified, "Children's legitimate rights and interests" naturally belong to "Children's legitimate rights and interests", but if understood the other way around, it is not entirely correct, because there is always a "gap" in regulations for subjects in the age group from 16 years old to under 18 years old. Therefore, currently in Vietnam, "Children's legitimate rights and interests" are basically "Children's legitimate rights and interests".

Child protection, care and education is a policy.

throughout the leadership career of the Communist Party of Vietnam. Constitution

The 1959 Constitution, the second basic law, was enacted at a time when the Vietnamese revolutionary government had just undergone a great turning point, gaining independence in the North and moving the North into a transitional period to socialism. This is a testament to the consistency of our Party's guidelines and policies on children. By 1960, implementing Directive No. 197 of the Central Secretariat, the entire population had a movement to care for and protect children and adolescents that took place widely in localities across the country. In 1975, gaining independence in the South and unifying the country, our whole country entered a transitional period towards socialism. Consistent with the ideology of people and children, our Party

There are new conditions for caring for and educating children. In 1979, the Party's policies and guidelines on children were specified in the "Ordinance on Child Protection, Care and Education". This ordinance can be considered one of the first legal foundations for the work of Child Protection, Care and Education (CPE). Until the second half of the 1980s, our Party and State carried out the State's renovation in many aspects. The issue of child rights protection (CPR) is also an important part of this renovation. The Party's innovative policies and guidelines on work for children are carried out in both depth and breadth. Party's guidelines

about BVCSGD children

I am specific

into law. And we have achieved

has achieved remarkable achievements over a long period of time since the renovation until now. First of all, in terms of legislative achievements, a series of documents with high legal effect have been issued to institutionalize the Party's guidelines and policies on children into the legal system to suit the new conditions. In addition, we have also organized and implemented many National Action Programs for Children in many fields such as education, health, and nutrition.

Next was the birth of Directive No. 38-CTlTW of the Central Committee Secretariat.

Party Central Committee, 7th term, May 30, 1994, implementation of the Law on Child Protection,

Labour

international convention

on QTE, National Action Program for Children

1991-2000 has achieved many good results. Especially in the current period,

we are entering the century

XXI, child protection and education work

I pre-ordered

new challenges. Our Party has issued important documents to help orientate in accordance with the new situation. A typical example is Directive No. 55-CT/TW of the Politburo on strengthening the leadership of Party committees at the grassroots level in the work of protecting, caring for and educating children dated June 28, 2000.

Most recently, on the basis of

summary

10 years of implementing the Directive

number 55-

CT/TW, June 28, 2000 of the 8th Politburo, the Politburo has just issued Directive No. 20/CT/TW on strengthening the Party's leadership over the work.

care, education and protection of children in the new situation. In particular, the Directive pointed out a number of limitations and weaknesses in the incomplete legal system and policies on care, education and protection of children and required: Review, amend, supplement and perfect the legal system and policies on care, education and protection of children... Promote the socialization of child care, education and protection towards enhancing the responsibility of families, schools, communities and socio-political organizations.

Based on the guidelines and policies of the Party and the State of Vietnam on measures to educate, handle and protect the legitimate rights and interests of minors who violate the law, the State of Vietnam has made every effort to internalize the principles of the Convention on the Rights of the Child into the national legal system. Vietnam is the first and second country in the world to join and ratify the Convention. At the same time, the progressive and humane ideas, viewpoints, and contents of this convention have been gradually concretized in the national legal system, from the Constitution, laws to sub-law documents. We can summarize as follows:

i) In the Constitution

Right in the first Constitution of Vietnam in 1946, Article 14 stipulated that “...Children are cared for in terms of education” showing the concern of our State for children. In the 1959 Constitution, Article 24 stipulated that “The State protects the rights of mothers and children, ensures the development of maternity homes, nurseries and kindergartens”. In the 1980 Constitution, the issue of child care and education was gradually improved in Article 41: “The Ho Chi Minh Communist Youth Union, family and society together with schools have the responsibility to educate youth, adolescents and children”, and Article 65 stipulated that “The State and society focus on protecting, caring for and educating adolescents and children, gradually expanding the responsibility of raising children, ensuring the activities, study and growth of children”. Constitution

Most recently, the 1992 Constitution not only inherited the provisions on child care and protection of previous Constitutions but also developed with new contents showing the importance of the work of protecting and educating minors. In the 1992 Constitution, children's rights became a complete institution, not just separate provisions like previous Constitutions. Regulations on children's rights Children's rights are stipulated in 10 articles with comprehensive content, meeting the common needs and aspirations of the whole society, in line with the renovation, building a rule of law State and in line with international standards for the development of human civilization, originating from

from different perspectives and planes on a broad scale, expressing

outlook on life, a new awareness of the issue of children's rights. The Constitution especially emphasizes that: the obligation to protect, care for and educate children belongs to the family, the State and society.

ii) In the laws

- The Law on Child Care and Education stipulates 10 groups of prohibited behaviors, which are specific to the care, education and protection of children [Right to birth registration and nationality (Article 11); Right to care and upbringing (Article 12); Right to live with parents (Article 13); Right to respect and protection of their life, body, dignity and honor (Article 14); Right to health care (Article 15); Right to study (Article 16); Right to participate in entertainment, recreation, culture, art, physical education, sports and tourism activities (Article 17); Right to develop talents (Article 18); Right to property (Article 19); Right to access information, express opinions and participate in social activities (Article 20)]. Some new groups of behaviors have emerged in recent years such as abandoning children, luring children to wander, exploiting street children for profit, abusing child labor, and hindering children's learning. Some groups of behaviors tend to increase such as forcing children to buy, sell, transport drugs, harmful cultural products, and sexually abusing children.

children, child trafficking, and violations of children's lives and bodies. Therefore, along with promoting propaganda and education, it is necessary to strictly handle violations of the law against children, ensuring that children live in a safe and healthy environment. In addition, the Law also stipulates the responsibility of families, the state, and society to protect, care for, and educate children. In addition, this Law also focuses on children in special circumstances, in which children violate the law and commit crimes.

- In the Vietnamese Nationality Law, children are individuals, so the right to nationality is one of the most basic and sacred rights of children.

- The Administrative Law considers children as a special subject, so when prescribing administrative responsibilities for children, the Administrative Law has separate provisions applicable to children who commit administrative violations. The Administrative Law also creates a management mechanism for children who commit administrative violations, including administrative measures such as education in communes, wards and towns; sending them to reform schools and organizations and facilities to educate children and bring them back to normal life.

- Vietnam's Criminal Law has a separate criminal policy for minors to protect minors when they are the subject of crime, and also stipulates criminal responsibility but in a reduced direction for minors when they are the ones who commit the crime. The criminal policy for minors who commit crimes is expressed consistently in the specific provisions of the criminal law on criminal responsibility, on the principles of handling, on the system of penalties and other judicial measures. In addition, the Criminal Procedure Law - the branch of formal law that regulates the order and procedures for implementing the provisions of the Criminal Law - also protects the rights of minors according to its own specific characteristics.

* Concept

From the above analysis, the author proposes the concept of "Legitimate rights and interests of minors", accordingly:

The legitimate rights and interests of the elderly are special human rights.

hatred is only for the young, who are not fully developed

physically and mentally vulnerable, which the State is obliged to recognize in the Constitution and the national legal system; guaranteed by the State to be implemented and protected when violated.

2.1.3. Concept of Protection of legitimate rights and interests of people

Minors in Vietnamese criminal proceedings

2.1.3.1. Overview of human rights protection mechanism

Human rights protection is a concept that is important in many ways:

Mechanism “ is understood as the totality of material, political, ideological, legal, and organizational guarantees for the implementation of a certain right or a certain task” [95, p.25]. The Vietnamese Dictionary of the Institute of Linguistics defines: mechanism is the way in which a process is implemented .

Protect,

by Word

Vietnamese Dictionary of the Institute of Linguistics

define:

"resist all encroachments to keep it always intact"

Thus, to talk about mechanism is to talk about the organizational structure and operation process of a certain system. From a legal perspective, human rights are the totality of provisions of the Constitution and laws that recognize and protect them and are in a static state. The process of materializing and putting those provisions into practice through different methods and guarantees such as material, political, ideological, legal, and organizational is the mechanism for protecting human rights. In the field of human rights

person, phrase

"muscle

regime

of the United Nations on

human rights” (United

Nations human rights mechanism) is often used in professional documents to refer to the apparatus of specialized agencies and the system of rules and procedures.

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