Everyone has the right to express their opinion. The child’s right to express his or her opinion
Every person is guaranteed freedom of speech. Art. 29 of the Constitution of the Russian Federation enshrines this guarantee at the highest legislative level. Let us next consider the content and features of the application of the norm.
Art. 29 of the Constitution of the Russian Federation: general information
The norm enshrines the main provisions related to freedom of speech. At the same time, both prohibitions and rights are established. In particular in part 2 tbsp. 29 of the Constitution of the Russian Federation Propaganda or agitation aimed at inciting national, racial, religious hatred and enmity is prohibited. Propaganda of linguistic, national, social, and religious superiority is not allowed.
Part 3 enshrines the prohibition of forcing a person to express their beliefs, opinions or renounce them.
According to part 4 tbsp. 29 of the Constitution of the Russian Federation, every person can freely search, transmit, distribute, produce, search for information using legal means. Federal legislation establishes a list of data that is a state secret.
B with Vol. 29 of the Constitution of the Russian Federation freedom of speech of the media is enshrined. Censorship is prohibited in Russia.
Art. 29 of the Constitution of the Russian Federation with comments
In legal terms, freedom of thought presupposes non-interference by government authorities in the process of an individual’s formation of his beliefs and opinions, and protection from any other interference. Guarantees enshrined in Art. 29 of the Constitution, also imply the prevention of any ideological dictate, control or violence over the individual.
Freedom of speech should be considered the ability to express beliefs and opinions on various issues of a state, social or any other nature without any obstacles through oral or written speech, at rallies, meetings and other forms.
Freedom of expression
This legal category is fixed at the international legal level. It includes the freedom to seek, receive, and disseminate ideas and information by any means without government interference and regardless of state borders.
The principle of freedom of expression formed the basis of other freedoms and rights. These, first of all, include active suffrage, which can be exercised, among other things, through participation in referendums; the right to petition, freedom of creativity, the right to education, freedom of conscience.
Restrictions
Principles enshrined Art. 29 of the Constitution, are extremely important for the real realization of the freedom of every person. Meanwhile, it cannot be limitless.
The word is one of the key means of communication. It can have a huge impact on the behavior and consciousness of others. The word can destroy and create, call for progress or violence, humiliate dignity or contribute to raising the cultural level. All this necessitates the determination of not only legal, but also moral restrictions on freedom of speech.
Responsibility for violation of prohibitions
In part 2 Art. 29 of the Constitution legal barriers have been established to prevent abuse of freedom of speech. Despite the fact that they are formulated in general terms, they quite definitely set the direction of an individual’s behavior. Violation of the prohibitions established by Art. 29 of the Constitution entails liability.
In particular, Article 282 of the Criminal Code provides for punishment for actions aimed at inciting hostility or hatred, humiliating the dignity of an individual or social group based on race, gender, attitude towards religion, or belonging to any association, committed using the media or publicly.
The preamble of Federal Law No. 1807-1 contains an indication of the inadmissibility of promoting disdain or hostility towards any language used on the territory of Russia, creating obstacles or privileges that are contrary to the law when using languages, as well as other violations of existing norms.
Opinions and Beliefs
They reflect the content of a person’s consciousness, his inner world, and determine individuality. Opinions are considered a moving element of consciousness. Beliefs are a stable system of views that characterizes the value orientations of an individual.
Freedom of speech and thought, enshrined in Art. 29 of the Constitution, means not only the right of a person to express his beliefs and opinions without any obstacles, but also the inadmissibility of any coercion to do so or to refuse to express his thoughts. must be observed by all participants in public relations. These include government agencies, territorial government structures, political associations, etc.
By enshrining restrictions in the Constitution, the legislator ensures the protection of a person’s inner world, guarantees the development of personality, the opportunity to change one’s beliefs, but not due to coercion, but at his own discretion in the course of a free discussion, study of reality, discussion of ideas, etc.
Problems of judicial practice
When applying the provision of Article 29 of the Constitution, the question arises of how to ensure in a particular case that the requirements for protecting the good name and honor of an individual do not contradict the interests of free discussions on political issues? The resolution of this issue falls within the competence of general jurisdiction authorities.
When hearing cases on the protection of dignity and honor, the court must establish not only the reliability of the information, but also the nature of its dissemination. Taking this into account, the court decides whether the actions of the subject harm the values protected by the Constitution and whether the limits of free discussion are violated.
Institutions of general jurisdiction can and must ensure balance in the implementation of the rights to protection of dignity and honor and freedom of speech.
Access to the information
A derivative of the right to freedom of speech is the ability to search, disseminate information, disseminate and receive it, guaranteed Art. 29 of the Constitution of the Russian Federation (4 part of the article). It can be implemented in different ways: in the process of interpersonal communication, through the media, through the use of material storage media, in educational institutions, at rallies, meetings, clubs, at citizen gatherings, etc.
The main condition for the implementation of the right established in paragraph 4 of Art. 29 of the Constitution of the Russian Federation, is the legality of the ways. Actions are recognized as legal if they do not violate the requirements set out in regulations. We are talking, in particular, about laws regulating the activities of the media, the organization and holding of mass events, etc.
Finding and Retrieving Information
Rights reserved Part 4 Art. 29 of the Constitution of the Russian Federation, are specified in various federal laws. For example, Federal Law No. 2124-1 contains Art. 38. It states that all citizens have the right to promptly receive reliable information through the media about the work of government agencies, organizations, their officials, etc. This data is provided upon requests from editors, at press conferences, and so on.
Individuals and legal entities can search for and receive any information in any form from any sources in compliance with the requirements provided for in federal laws. An exception is established only for information with limited access that constitutes a secret (state, commercial, etc.).
Use of Information
The Constitution guarantees the free transmission, distribution, and production of information by legal means. Accordingly, any monopoly of state power on this is excluded.
The means of disseminating information may be government, public or private. This is confirmed by the provisions of federal laws. For example, Article 7 of Federal Law No. 2124-1 provides for the right of a citizen, organization or government agency to become a founder of a media outlet if it meets the established requirements.
Cannot act as a media founder:
- minor citizen;
- a person declared incompetent or serving a prison sentence by a court sentence;
- public organization, institution, association of citizens whose activities are prohibited by law;
- a foreigner or a person without citizenship who does not reside permanently in the territory of the Russian Federation.
Ensuring confidentiality
The right to disseminate information by lawful means requires compliance with certain restrictions on access to data protected by law. This is directly stated in Part 4, Article 29 of the Constitution. The norm states that the list of information constituting a state secret is determined in federal law. We are talking, in particular, about Federal Law No. 5485-1.
This regulatory act defines a list of protected information in the field of economics, foreign policy, science, technology, foreign economic, counterintelligence, operational investigative, intelligence activities, and in the military field. For their disclosure, liability is established, including criminal liability. However, one nuance should be taken into account here. By virtue of the provisions of Part 4 of Article 29 of the Constitution, criminal punishment for disclosing state secrets is permitted if the list of information related to it is published in an official public source.
Law enforcement decisions, which include a court verdict, cannot be based on unpublished regulations. This provision follows from Part 3 of Article 15 of the Constitution. An important condition for the application of regulatory documents is their publication. They must be available to all interested parties.
According to Art. 1 of the Law of the Federation “On Basic Guarantees of the Rights of the Child in the Russian Federation”, as well as Art. 54 paragraph 1 of the “Family Code” of the Russian Federation, a child is considered a person who is under 18 years of age.
Children of different ages belong to different categories. Depending on the category, both children and their parents (or persons who replace them), the legislation of the Russian Federation provides different rights and obligations.
A child between the ages of zero and 14 years is considered both a minor and a minor.
A child between 14 and 18 years old is considered to be a minor. From this age, the child is obliged to be responsible for his actions, since at the age of fourteen he (as stated in Article 20, paragraph 2 of the Criminal Code of the Russian Federation) bears criminal liability for part of his actions, namely murder under Art. 105 of the Criminal Code of the Russian Federation, kidnapping under Art. 126 of the Criminal Code of the Russian Federation, sexual violence (Articles 131 and 132 of the Criminal Code of the Russian Federation), theft of a vehicle (Article 166 of the Criminal Code of the Russian Federation), committing a terrorist act and taking hostages under Art. Art. 205 and 206, theft and extortion of weapons and drugs (Articles 226 and 229 of the Criminal Code of the Russian Federation), etc.
Full criminal responsibility begins at 16 years of age.
Until a child reaches the age of 14, parents or persons replacing them bear full responsibility for their actions.
Convention on the Rights of the Child
Along with responsibility, the child is also endowed with many rights, among which is the right to express his opinion and defend his own point of view.
The child's right to express is provided primarily in the Convention on the Rights of the Child. It was adopted by decision 44/25 of the UN General Assembly in 1989. According to Art. Art. 12 and 13, a child who is aware of and freely expresses his or her opinions and needs must be given the right to be heard. This right is given to children who are ten years old.
Art. 12 of the Convention states that the state must provide the child with the opportunity to freely express his views and opinions on issues that directly concern him. This opportunity guarantees the child the right to be heard at court hearings that affect his interests. He may take part in legal proceedings either personally or through his representative - an individual or legal entity/body. The procedure for hearing a child in court is provided for by the procedural norms of state legislation.
Art. 13 of the Convention gives the child the right to freely express his opinion in any way convenient for him: orally, in writing, through works of art or through other means. Also, paragraph 2 provides for some restrictions under which the right of a minor to express his opinion is not possible. Such restrictions, in particular, are the protection of state security, maintenance of public order, ensuring the level of health and morality of the citizens of the state.
When a child has the right to express his opinion under Russian law
In the Russian Federation, freedom of thought, speech, opinion and belief is guaranteed to every citizen under Art. 29. Constitution of the Russian Federation.
The child’s right to express his opinion is discussed in Art. 57 RF IC.
In particular, this article reports that the child has the right to express his opinion in family councils on a particular issue. This is especially true when discussing issues regarding the immediate interests of the child.
Also, this right of the child to express his opinion is provided for by other laws of the RF IC. Art. Art. 59, 72, 132, 134, 136, 143, 145 of the IC provide for the adoption of decisions by guardianship and trusteeship authorities and during court hearings exclusively with the consent of a child who has turned 10 years old. Decisions are made if they do not contradict the child’s safety and their consequences do not harm him. It should be noted that the child’s right to express his opinion is not the same as acceptance of his position.
By realizing the child’s right to express his opinion, parents correct their own. In some cases (regarding safety conditions, health conditions, etc.), parents must convince the child to rethink and change their judgments in accordance with precautionary measures.
The right of a minor to apply to guardianship authorities
Russian legislation provides for a number of cases when a minor has the right to go to the guardianship and trusteeship authorities for the purpose of his own protection. Such cases include, in particular:
- Situations of parental abuse, which is guaranteed by Art. 56 RF IC. Parental abuse includes alcoholism, drug addiction, and immoral lifestyle.
- Abuse of parental rights in relation to a child, cruel treatment, physical, psychological, sexual violence, restriction of a child’s rights, obstruction of his harmonious psycho-physical development (Article 69 of the RF IC).
In all of the above cases, the child can contact the guardianship and trusteeship authorities at the district administrations or the prosecutor's office. The relevant authorities are obliged to take into account the circumstances presented by the child and begin to eliminate the problems. It is in these ways that the child’s right to express his opinion, granted by law, is realized.
At the age of 14, a minor can go to court to protect his rights.
Bodies for protecting the rights and interests of the child
The administrative procedure for protecting the rights of the child is within the competence of the guardianship and trusteeship authorities, as well as law enforcement agencies (Article 8 of the RF IC).
- Law enforcement agencies are divided into the prosecutor's office and the Ministry of Internal Affairs.
- The prosecutor's office in the process of protecting the rights of the child is guided by the following methods:
- Filing a claim for restriction/deprivation of parental rights or cancellation of adoption (Articles 70, 73 and 142 of the RF IC);
- Submission to the court of a demand for restoration of the violated rights of the child (Article 21 of the Law “On the Prosecutor’s Office of the Russian Federation”);
- Participation in court hearings (Article 35 of the Law “On the Prosecutor's Office of the Russian Federation”, Articles 72, 73, 125, 140 of the RF IC);
- A warning that it is unacceptable to violate the rights of a child and eliminate violations of the law (Articles 24 and 25 of the Law “On the Prosecutor’s Office of the Russian Federation”);
- Protest, if there are grounds provided for by the Law “On the Prosecutor's Office of the Russian Federation,” of acts of other bodies that directly relate to the protection of the rights of the child.
Employees of the Ministry of Internal Affairs take part in the search for individuals who evade execution of court decisions regarding the protection of children's rights and enforcement of court decisions.
In order to protect the rights of the child in the family, a Commission on Minors' Affairs and the Protection of Their Rights was created. Its competence includes filing a claim in court to deprive parents of their rights, representing the interests of the child in court, monitoring the conditions of education, etc.
List of issues on which the court can make a decision with the consent of the child
Any child who has reached the age of ten has the opportunity to be heard in court and count on a positive solution to his interests.
Issues that can be decided upon with the consent of the child include, but are not limited to:
- Changing the child's first and last name is guaranteed by Art. 59 RF IC;
- Renewal of parental rights of the father/mother (Article 132 of the RF IC);
- Adoption of a child (Article 134 of the RF IC);
- Changing the name of the adopted child is provided for in Art. 134 RF IC;
- Indication of adoptive parents as parents or guardians (Article 136 of the RF IC);
- Change of full name in case of cancellation of adoption (Article 143 of the RF IC);
- Adoption of a child to be raised by another family (Article 154 of the RF IC);
- Residence of a minor with one of the parents in the event of their divorce.
Japaneseist, Iranianist, Sinologist, Arabist, internationalist, Sufi, Hindu, Muslim, Buddhist, Christian, humanist, follower of Gandhi, Rumi, Tolstoy, Primakov, Palme, Hadji Kishiev, film and book lover, interested in diplomacy, history, politics
The user can ask a question“You should never explain anything to anyone. Those who do not want to listen will not hear or believe, but those who believe and understand do not need explanations” (Omar Khayyam).
I am guided by this judgment, which, however, cannot be taken literally. In order to express an opinion that contradicts the opinion of another person, you must first of all be confident in the weight of your own position, in how objective, comprehensive and balanced it really is. If you are sure of this, then look at the situation.
In my opinion, you should not speak out just to satisfy your own ego. You should only speak out if your opinion can help someone. Let's tell the third observer.
I also never argue for the sake of arguing. The argument won't lead to anything at all. People will simply throw phrases at each other and remain deaf to each other's positions. And it seems to me that it is useful to voice an opinion with which a person most likely disagrees if you feel that he can, if not accept it, then consider it. But this is not an easy job. Simply dumping all the facts and positions on the table is very often pointless. If you want a person to hear your position and reconsider yours, do it gradually, gently, not so much by asserting as by asking questions. But you can go head-on only with a very wise person.
Do I judge people with unpopular viewpoints? Depends on the point of view. Often, an unpopular opinion (as far as I understand, means not widespread) is correct. Just look at history.
However, if this point of view is from the misanthropic series, then I condemn, but to myself. Saying anything to such a person is usually pointless.
Am I afraid to express an unpopular opinion? No. Do I always do this? No. But not out of fear. If it is necessary to express such an opinion, but negative consequences are possible, I will do it more than once and, of course, I will do it in the future. If my opinion is unpopular and I see that people are not ready for it, that is, they just want to argue with me, then I will abstain. If a person gets involved in such an adventure, he will gain nothing, but will only lose his strength and energy. In addition, there are situations when a person had a difficult day, he suffered some unpleasant circumstances. Anger and negativity accumulate inside him, which needs to be put somewhere. And participation in a dispute can serve as such a way out. Accordingly, if you encounter such a person, he will simply convey a particle of his angry state and you yourself will be nervous. In this case, no one will receive any intellectual development.
“Everyone is guaranteed freedom of thought and speech, opinion and belief,” proclaims Article 29 of the Constitution of the Russian Federation. This constitutional provision is reflected in Article 57 of the Family Code of the Russian Federation, which enshrines the child’s right to express his opinion.
Providing a minor with the right to comprehensive development and respect for human dignity is aimed at the formation of a full-fledged personality, capable of living in a team, possessing qualities useful to society, family, and loved ones. Both the state and the family as a whole are interested in this. This right is realized, among other things, by providing the child with the opportunity to express his opinion. Article 57 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation) says the following in this regard: “The child has the right to express his opinion when deciding in the family any issue affecting his interests, as well as to be heard during any judicial or administrative proceedings.”
Taking into account the opinion of a child over 10 years of age is mandatory, except in cases where this is contrary to his interests. In cases provided for by the RF IC (Articles 59, 72, 132, 134, 136, 143, 145 of the Family Code of the Russian Federation), the guardianship and trusteeship authorities or the court can make a decision only with the consent of a child who has reached the age of 10 years. The duty to consider opinions is not the same as accepting the child's position. Taking into account the child’s opinion means that the parents’ opinion is adjusted taking into account the child’s opinion.
The Convention on (hereinafter referred to as the Convention) also addresses this issue. Article 12 provides a guarantee to a child who is capable of forming his own views that he shall have the right to freely express those views on all matters affecting him.
The child's views are given due weight in accordance with his age and maturity. By the way, this right implies not only the desire or unwillingness to drink milk with foam or something like that. The right to freedom of expression is the right to seek, receive and transmit information, to choose independently what to listen to and what to read. A child has the right to resolve any issue in the family that affects his interests, because he is an individual.
At what age is this possible? The convention says: when the child can formulate his own views. In fact, up to the age of 10, a child can express his opinion, it will be taken into account, but no one - neither the court nor the parents - is obliged to follow it. From the age of 10, in some cases consent is mandatory. Thus, without the consent of a child over 10 years of age, it is impossible to:
- changing the surname and first name of the child (Article 59 of the RF IC);
- restoration of parental rights (Article 72 of the RF IC);
- adoption of a child (Article 132 of the RF IC);
- changing the surname, name and patronymic of a child upon adoption (Article 134 of the RF IC);
- registration of adoptive parents as parents of an adopted child (Article 136 of the RF IC);
- changing the surname, patronymic and first name of the child when the adoption is canceled (Article 143 of the RF IC);
- placement of a child under guardianship and trusteeship (Article 145 of the RF IC).
As a rule, in a conflict situation, the child’s opinion is clarified by the guardianship and trusteeship authority. If the court decides to identify the opinion of a minor by questioning directly at the court hearing, then first find out from a specialist of the guardianship and trusteeship authority whether presence in court will have an adverse effect on the child. The survey is carried out taking into account the age and development of the child in the presence of a teacher, in an environment that excludes the influence of interested parties. During the survey, it becomes clear whether the child’s opinion was influenced by one of the parents or another interested person, whether the child is aware of his own interests when expressing this opinion and how he justifies it, etc.
Of course, in practice everything is not so rosy. In some cases, when the opinion of a child who has reached the age of ten years was revealed by the guardianship and trusteeship body and this circumstance was indicated in the conclusion of the said body, the case materials at the same time did not contain information about which specific representative of the guardianship and trusteeship body, when and under what circumstances this child’s opinion was clarified.
This situation occurred when resolving a dispute by the Guryevsky District Court of the Kaliningrad Region on the claim of K. (the child’s father) against K. (the child’s mother) to determine the place of residence of a minor (born in 1996). The court decided to satisfy the claim and determine the place of residence of the minor child together with his father, taking into account the recognition of the claim by the defendant and the conclusion of the guardianship and trusteeship authority, according to which, based on the results of an examination of the living conditions of the parties, as well as the opinion of the minor himself, who expressed a desire to live with his father , determining the child’s place of residence with his father will be in accordance with his interests. At the same time, according to the certificate of the Kaliningrad Regional Court based on the materials of the generalization of judicial practice, neither from the acts of inspection of living conditions, nor from the acts of visiting the child, it does not follow that the representative of the guardianship and trusteeship body ascertained the child’s opinion. The minutes of the court session also do not contain any explanations on these circumstances, and therefore, as the Kaliningrad Regional Court indicated, the validity of the conclusion of the guardianship and trusteeship authority with reference to the opinion of the child is essentially not confirmed by anything. Thus, there is reason to believe that there was a violation of the requirements of Art. 57 RF IC.
The child’s right to express an opinion is limited, violated, and the expressed opinion is often distorted or misinterpreted. There are at least three reasons for this:
- judges (usually women) have a negative attitude towards the participation of a child in the judicial process;
- as a consequence, there is a lack of established judicial practice;
- the passivity of those who should be most interested in finding out the child's true opinion.
That is, parents.
Thus, the child’s right to express his opinion in the context of family law represents the recognition of the child’s right to vote, in some cases advisory, in others, directly specified in the law, decisive. By fixing the child’s right to express his opinion in the form of a general norm, the legislator does not connect the emergence of this right and the possibility of its implementation with the child reaching a certain age. Consequently, the degree of attention to the views or opinions of a child when resolving a particular issue cannot and should not depend on his age, despite the fact that the legal significance of the opinion expressed by him varies depending on the child, as a rule, increasing with his age.
Mikhail Krasilnikov
Creon, the king of Thebes, orders that Polyneices, the traitor killed on the battlefield, not be buried, but his body left to be torn to pieces by crows and dogs. Polyneices's sister, Antigone, rebels against this order on the grounds that, in her opinion, every person has the right to be buried. “And what right does the king have,” she asks, “to tear my brother away from me?” Antigone buries her brother, but for this she is arrested and brought to Creon.
"Do you know the law?" - the king asks her.
“Yes,” she replies.
“Then why are you breaking it?”
Antigone replies that the law she broke was against her conscience; it may be the law of the state, but it is contrary to the law of justice. Antigone says that the king, being a mere mortal, cannot abolish or transgress the inevitable and unwritten laws of Heaven, for these laws did not arise today or yesterday, they are immortal, and no one is given to know their source.
I didn’t think yours were so omnipotent
The command is that God's oral laws -
Unshakable yet - a mortal could trample.
After all, they don’t live from now on and not from yesterday,
When they appeared, no one knows.
Sophocles' play "Antigone"
But there is a big BUT....
Creon replies that Polyneices is a traitor, and no ruler can forgive traitors. The state must have laws and abide by them. The ruler must be obeyed in everything, whether it is fair or not, otherwise there will be anarchy. “What,” asks Creon, “could be worse than anarchy?”
Sophocles' play would have been much weaker if Creon's argument had not been as logical and strong as Antigone's... The ancient Greek playwright reveals a deep and terrible tragedy when a person challenges the positive law that ensures the safety of society, when he rebels against the established authority in the name of conscience or “the inevitable unwritten laws of Heaven.”
It is easy to react emotionally to Sophocles' play, but accepting or not accepting his arguments depends on agreeing with the author that there is a law that is superior to the positive law. For Sophocles and numerous generations of Christians, who also believed in the existence of a law superior to human law, it was not difficult to indicate the source of this higher law - a supreme being residing in heaven. But is it necessary to have a concept of deity to justify belief in the existence of natural law?
The concept of natural law, anticipated by Sophocles... was first put forward, along with the concept of natural rights, by the Stoics of the Hellenistic era. The Roman Stoics, being jurists rather than philosophers, were of the same opinion. Cicero says: “There is a true law, a righteous reason, in agreement with nature; he is unchangeable and eternal."