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Пт, 19 Ноя 1993. English, Законодательство, Малолетка, Новости

On Child’s Rights. Law of the Republic of Belarus. No. 2570-XII of November 19, 1993. Amended as of November 10, 2008

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On Child’s Rights


Law of the Republic of Belarus


No. 2570-XII of November 19, 1993


[Amended as of November 10, 2008]

The main political, social and economic task of the Republic of Belarus is a comprehensive protection of childhood, family and motherhood of present and future generation guaranteed by the state and society.

The present Law is based on Constitution of the Republic of Belarus, 1989 Convention of United Nations Organization “On Child’s Rights”, determines legal status of a child as independent entity, and directed on provision of his physical, moral and mental health, forming national self-consciousness on the basis of common to all mankind values of world civilization. Special care and social protection is guaranteed for the children with peculiarities of psychophysical development, and also for the children temporally or permanently lacking the family or being in unfavorable conditions and emergency situations.

Section 1. General Provisions

Article 1. Legal Basis of Regulation of Child’s Rights

Legal basis of regulation of child’s rights in the Republic of Belarus is the Constitution of the Republic of Belarus, international agreements of the Republic of Belarus, present Law and other acts of legislation of the Republic of Belarus regulating the order and conditions of realization of the rights and interests of child.

For the purposes of the present law the child is considered the individual under the age of 18, if the individual previously didn’t gain civil capability in full volume.

Legal regulation of rights and duties of a child is carried out with the consideration of the age of the child and his/her active legal capacity.

The rights and freedoms of the child may be restricted only in the cases provided by law in behalf of the national security, public order, health of the population, rights and freedoms of other persons.
Article 2. The Sphere of Implementation of the Present Law

Present Law determines the principles of state policy in relation to a child, his legal status, duties of organizations and individuals on protection of childhood.
Article 3. State Bodies and Other Organizations Providing the Protection of Rights and Legal Interests of a Child. The Coordination of Activities of State and Non-State Organizations in Implementation of Provisions of the Present Law

Protection of the rights and legal interests of a child is provided by the commissions for juvenile affairs, bodies of guardianship, public prosecutor’s office and court, and by other organizations enabled by the legislation of the Republic of Belarus, which follow the priority of protection of child’s rights and legal interests in their activity.

State bodies support the activity of public associations and other non-commercial organizations assisting to protection and realization of children’s rights and legal interests.

The coordination of the activity of state and non-state organization on realization of present Law is carried out by the Ministry of Education of the Republic of Belarus.
Article 4. Right to Life

Every child has inalienable right to life.

The state protects the child’s life from any illegal infringements.

The application of death penalty and life imprisonment to the children is not allowed.
Article 5. Right to Protection and Improvement of Health

Every child has inalienable right to protection and improvement of health.

The state makes necessary conditions for a mother to protect her health during the period of pregnancy, delivery and recuperation period after delivery, provides healthy development of a child, renders to children free medical help and sanatoria and health resort treatment in accordance with legislation of the Republic of Belarus.
Article 6. Equality of Children

All children have equal rights independently of origin, racial, national and civil identity, social and material status, sex, language, education, religion, place of residence, state of health and other factors connected with the child and his parents. Children born in wedlock and out of wedlock enjoy equal and comprehensive protection of the state.
Article 7. Right to Citizenship

Every child has right to citizenship. Foundations and procedure of obtaining and changing the citizenship of a child are determined by the legislative acts and international treaties of the Republic of Belarus regulating the questions of citizenship.
Article 8. Right to Adequate Level of Life

Every child has the right to adequate level of life and conditions necessary for full physical, mental and spiritual development. The state bodies through the system of social and economic measures provide the creation of such conditions.
Article 9. The Right to Inviolability of the Personality, Protection from Exploitation and Violence

Every child has the right to protect his own personality from any type of exploitation and violence.

The state provides inviolability of child’s personality, realizes its protection from all types of exploitation including sexual, from physical and (or) psychical violence, cruel or offensive treatment, disparage, sexual harassment including such treatment from parents (guardians) and relatives, from engaging into criminal activity, junction to alcoholic drinks, non-medical use of narcotic, toxic, psychotherapy and other drastic, intoxicating substances, compulsion for the prostitution, gambling and making actions connected with making materials or goods of pornographic character, and also from engaging of a child in activities that may cause harm to his/her physical, mental or moral development.

The persons, who get to know about the facts of cruel treatment, physical and (or) psychological violence toward a child, which pose a threat for child’s life, health and development, shall immediately report about it to the competent state body.
Article 10. Right to Determine the Attitude Towards Religion

Every child has right to determine independently his attitude towards religion, to practice or not to practice any religion.

The state cannot interfere in child’s upbringing based on certain religious outlook of parents (guardians), and performing religious rites connected with it at participation of a child and conducted beyond the educational establishments, observance of traditions, except for situations, when the engaging in religious activity directly threats child’s life and health, violates his/her rights mad legal intrests.

Toward a child under 15 the religious rites are performed with the consent of parents (guardians).
Article 11. Right to Get, Store and Spread Information, Free Expression of Thoughts

Every child has a right to get, store and spread information, freedom of opinions, convictions and their free expression.

Every the child who is capable of forming his or her own views and convictions the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child in order provided by the legislation of the Republic of Belarus. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in order provided by the legislation of the Republic of Belarus.
Article 12. Right to Preferential Passage

Children have a right to preferential passage in accordance with the legislative acts of the Republic of Belarus.
Article 13. Protection of Rights and Legal Interests by a Child

A child at the age of 14 and older has the right to receive legal help for realization and protection of his rights and freedoms including the right to use the lawyer’s help at any moment and other representatives in the court, other state bodies and in relations with officials and citizens without consent of parents (guardians).

The Bar associations provide children in behalf of them, their parents (guardians) in behalf of children free of charge with legal consulting, drawing up legal documents for bringing actions, pleading cases connected with labor relations, alimony cases, cases for compensation of harm caused in the result of the mutilation or other injury related to the occupation at the court of first instance.

In the case of violation of child’s rights determined by the Convention of Organization of United Nations “On Child’s Rights” and other acts of legislation of the Republic of Belarus the child has the right to submit the applications to the commissions for juvenile affaires, the body of guardianship, Office of Public Prosecutor, and at reaching the age of 14 can submit the application on protection of his rights and legal interests to the Court, and also realize the protection of rights and interests through his own representatives.
Article 14. Duties of a Child

A child must observe state laws, take care of his parents, respect rights and legal interests of other citizens, traditions and cultural values of Belarusian people, other peoples and nations, take the knowledge and prepare for independent working activity, treat the environment and all type of property with care.

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