Constitutional and Legal Mechanisms to Protect the Rights of Russian Minors Raising Abroad

Irena A. Mikhailenko, Olga A. Teplyakova
Year: 2016
DOI:
UDK: 342.7:341.2
Pages: 52-56
Language: russian
Section: LAW
Keywords: inter-ethnic marriage, the minors’ constitutional rights, constitutional and legislative mechanisms of child protection, protection of the minor living abroad.
Abstract
An increase in inter-ethnic marriage is one of the trends observed in modern society. The characteristic feature of these alliances is a specific child-rearing process, which involves a simultaneous acquirement of two cultures and religions. With increasing frequency, a child – a citizen of the Russian Federation – moves to live in one of his parent’s motherland, and founds himself in a hostile environment. In these circumstances, the limitations of this minor’s right-protection mechanisms is unacceptable. That is why the authors have addressed the articles of the Constitution of the Russian Federation and investigated how the Minors – citizens of the Russian Federation living abroad – are subject to the Constitution. The authors notice some weaknesses of current constitutional and legislative mechanisms of child protection. The same legal regulation for both adults and children present a juridical problem.Children have the same rights as adults, but they have much less possibilities to implement and to protect their rights. The authors suggest that legislative amendments will have to be made aimed at the individualization of the area and the positive discrimination in respect of the minors.
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