THE GUARANTEES OF THE RIGHTS OF CHILDREN AND FAMILIES WITH CHILDREN TO SOCIAL PROTECTION IN THE ACTS OF THE EU AND THE COUNCIL OF EUROPE

Abstract

Problem setting. The article investigates theoretical and practical problems of determination and implementation of guarantees of the right of children, families with children to social protection, that are fixed in acts of the EU and the Council of Europe. Target of research. The purpose of this article is to study the guarantees of the right to social protection of children and families with children enshrined in the acts of the EU and the Council of Europe and fundamental issues of their effectiveness.
Analysis of resent researches and publications. Issues of research of guarantees of the right to social protection of children and families with children always got much attention of the scientists of law, which is evidenced by work of V. V. Zhernakov, K. Y. Melnik, O. N. Potopahina, S. M. Prylypko, S. M. Synchuk, I. M. Sirota, V. S. Tarasenko, G. I. Chanysheva, Y. M. Grishina, O. M. Yaroshenko and others. Proceedings of these scientists have not lost scientific value, but conclusions which were formulated in them need rethinking, because of the last changes in the state and society. Article’s main issue. It is determined that the right to social protection refers to the fundamental rights of the child. Due to the nature of the physiological and mental development of children, it is proved that a long period of time their interests and the interests of the family in which thay are held and brought up is indivisible. Thus the effective exercise of the right to social protection of the child is impossible without ensuring of the realization of the right of families with children. The legal guarantees to social protection of children and families with children enshrined in acts of the EU and the Council of Europe are analyzed. Among them: the defining of the basic principles of providing of assistance to children; the duty of the Member States of the EU and the Council of European to take an effective measures to support the family;the maintance of working women with leave before and after childbirth with payment of appropriate assistance and more.
Conclusions and prospects for the development. It is established that despite the importance of fixing the guarantees for the rights of children and families with children to social protection in acts of the EU and the Council of Europe, no one of them has not established a mechanism for their implementation yet. Determination of obligation of the MemberStates of the EU and the Council of Europe in conventions and directives to submit reports about the implementation of their norms and measures aimed on ratification of standards of relevant acts may not serve as a guarantee of a government’s obligation assumed in these documents. The existence of the possibility to loadge a complaint of fundamental rights in the European Court of Human Rights is an essential guarantee of the right to social protection of children and families with children. However, in practice, the effective realization of it is almost impossible. In such circumstances, the expediency of improving of legal means of fulfillment of the EU member states and the Council of Europe obligations is proved by the determination of mechanism for realization of the relevant acts, otherwise the right to social protection gets a declarative character.