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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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Article 26. Right to Freedom of Associations

The state creates favorable conditions for free and efficient participation of youth in the political, social, economic and cultural development.

Children have the right to establish children’s and youth public associations provided that such associations do not purport to change forcibly the constitutional order or be engaged in propaganda of war, social, national, religious and racial hostility.

The state renders support to children’s and youth public associations in accordance with the legislation of the Republic of Belarus.
Article 27. Right to Protection of Honor and Dignity

Every child has the right on protection his honor and dignity protected by the Constitution of the Republic of Belarus.

The discipline and order in the educational establishments are kept by the methods based on senses of mutual respect and justice and exclude the humiliation.

Infringement of child’s honor and dignity from the persons obliged to realize educational and pedagogic functions cause the responsibility established by the legislative acts of the Republic of Belarus.

Persons previously having committed crimes against sexual inviolability or sexual freedom, crimes provided by the articles 172, 173, 181, 181.1, 343, 343.1 of the Criminal Code of the Republic of Belarus can’t hold the positions, connected with realizing educational and pedagogic functions in relation to children and also other positions connected with constant work with children.
Article 28. Right to Protection from Illegal Interference to Private Life, Infringement of Correspondence Privacy

Every child has the right to protection from illegal interference to his private life including the infringement of correspondence privacy, telephonic and other communication

Section 4. A Child in Unfavorable Conditions and Emergency Situations

Article 29. Protection of Rights of Orphans and Children Left Without Parents Care

Orphans and children left without parents care have the right on the special concern of the state. In the order established by the legislation of the Republic of Belarus they are provided with the state support and other social benefits.

Bodies of guardianship, other organizations enabled to protect the rights and legal interests of children by the legislation of the Republic of Belarus shall take all measures to adopt orphans and children left without parents care into a family for upbringing. Children shall be predominantly adopted with consideration of their interest into the families of the relatives of children or into the families of citizens of the Republic of Belarus having permanent residence on the territory of the Republic of Belarus.

In the order established by the legislation of the Republic of Belarus the adoption of the orphans and children left without parents’ care who are the citizens of the Republic of Belarus, placing under the guardianship of orphans and children left without parents’ care – citizens of the Republic of Belarus is allowed by the citizens of the Republic of Belarus having permanent residence on the territory of a foreign state, by foreign citizens and persons without citizenship. In this case children reserve the right on citizenship, property, housing, other personal non-property rights and property rights in accordance with the legislation of the Republic of Belarus.

If orphans and children left without parents’ care cannot be adopted into a family, they shall be settled in child boarding schools, state specialized establishments for juveniles needed social care and rehabilitation, state establishments providing professional technical, specialized secondary, higher education, children’s villages (towns).

For the purpose of good physical, intellectual and moral development, preparation for independent life of orphans and children left without parents’ care supported by the state and settled in child boarding schools, state specialized establishments for juveniles needed social care and rehabilitation, state establishments providing professional technical, specialized secondary, higher education, family-type orphanages, child villages (towns), guardians families, foster homes favorable conditions are created close to those like in family, their native language, culture, national customs and traditions are kept.

Article 30. Withdrawn
Article 31. The Rights of Invalid Children and Children with the Peculiarities of Psychophysical Development

The state guarantees free special medical, defectological and psychological help for the invalid children, choice of the educational establishment by them and their parents (guardians), providing conditions for getting education at all levels of basic education and also additional education, placing in a job in accordance with their abilities, social rehabilitation, full life in conditions providing their dignity and promoting active inclusion to the life of the society.
Article 32. Protection of Children in Emergence Situations

In the emergency situations the state provides children with urgent medical help, takes measures on protection of children’s lives, health and property, including measures on their family reunification, evacuation form the state (place) of their stay.
Article 33. Prohibition of Children’s Participation in Military Operations

Engaging children to take part in military operations or other engaging them in armed conflicts, propaganda of war and violence among the children, creating children’s militarized formations are prohibited.
Article 34. Rights of Refugee Children

Children arrived in the Republic of Belarus are entitled to submit an application for granting the status of refugee or additional protection in the Republic of Belarus, or asylum in accordance with the legislation of the republic of Belarus.

Local executive and administrative bodies at the place of stay of a child place him/her under guardianship, provide other forms of his/her settlement for upbringing.
Article 35. Protection of the Child’s Rights at Bringing Him to Account

Child’s right on individual liberty is protected by the Law. Guarantees of the protection of rights of children at the bringing them to the account are established by the legislation of the Republic of Belarus.
Article 36. Observance of the Child’s Rights in Special Study and Educational and Medical and Educational Establishments

Direction of the child to the special educational establishment or medical educational establishment are realized only by the Court in the order established by the legislation of the Republic of Belarus.

The child being in special educational or medical educational establishment has the right on humane treatment, protection of health, getting general basic, general secondary and professional and technical education, meetings with the parents, relatives and other persons, vacation and correspondence.

Obligatory purpose of keeping of children in special educational or medical educational establishments is the re-education and return them to normal conditions of life and work.
Article 37. Protection of the Child from Forced Transfer

The state takes measures against illegal transfer and failure to return of the children from foreign countries, kidnapping, children trade in any purposes and forms in accordance with the legislation of the Republic of Belarus and regulations of international law.

Section 5. International Cooperation

Article 38. International Agreements

If the international treaty of the Republic of Belarus establishes other rules than the rules contained in present Law, the rules of international treaty are applied.
Article 39. International Cooperation

The state contributes to development of international cooperation of state and non-state organizations, provides realization of international treaties of the Republic of Belarus in the sphere of protection of the child’s rights.

Section 6. Liability for Infringement of the Present Law

Article 40. Liability for the Infringement of the Present Law

Persons violating the present law or obstructing its implementation bear liability in accordance with the legislative acts of the Republic of Belarus.

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