Ensuring and protecting children's rights has become one of the priority areas of state policy worldwide, requiring the creation of appropriate organizational and legal conditions. Significant work is also being done in this area in our country. To date, over 40 laws and more than 500 regulatory legal acts have been developed to guarantee children's rights.
International Standards and the UN Convention
When developing and adopting legislation on children's rights, every state relies on universally recognized norms of international law. Special international legal documents have been adopted, compliance with and implementation of which is mandatory for all member states. Among these documents, the Convention on the Rights of the Child, adopted by the United Nations General Assembly on November 20, 1989, and entering into force on September 2, 1990, holds a special place. This Convention is considered the most important international document highly protecting the fundamental rights and freedoms of children, guaranteeing them a wide range of civil, political, economic, social, and cultural rights. The Republic of Uzbekistan has joined this Convention.
The Right of the Child to be Heard in Court
When discussing the right of children to be heard in court proceedings, attention should be paid to the provisions of Article 12 of the Convention on the Rights of the Child. It particularly emphasizes that participating states must ensure that a child capable of forming their own views has the right to freely express those views on all matters concerning the child. Furthermore, the child's opinion must be taken into account according to their age and level of maturity. The child is provided with the opportunity to participate in any judicial or administrative proceeding concerning them, either personally or through a representative or relevant body, in the manner established by the procedural norms of national legislation.
The Principle of Best Interests
The Convention also establishes the principle of the priority of the child's interests as fundamental to the protection of children's rights. This approach ensures that children are recognized as subjects who should be addressed, which is of great importance for protecting their rights. Moreover, the UN Committee on the Rights of the Child calls for a transition from outdated approaches (where children were seen merely as objects in need of help) to a new one. Within this new approach, children are viewed as individuals who understand their rights and are capable of demanding them. This helps children realize their worth, protect their rights, and actively participate in social life. States and other interested parties must be ready to fulfill their obligations to ensure children's rights and consider them as persons capable of claiming their rights.
Uzbekistan's Legislative Framework
Currently, the country's legislation enshrines the right of children, including those under 10 years old, to express their opinions when issues concerning their interests are considered in court proceedings. A clear testament to the strengthening of measures to protect the rights and legitimate interests of children is the inclusion of a new chapter titled 'Family, Children, Youth' in the new edition of our Constitution. Article 78 of the Basic Law separately states that the state's obligation is to create the best conditions for the comprehensive physical, mental, and cultural development of the child, as well as to ensure and protect their rights and freedoms. Furthermore, Article 15 of the special Law of the Republic of Uzbekistan 'On Guarantees of Children's Rights' regulates relations in the field of protecting children's rights and directly enshrines the child's right to express their opinion. According to this article, a child has the right to express their opinion when resolving any issues in the family, as well as during any judicial or administrative proceeding. When making decisions by bodies and officials authorized to make decisions on matters concerning the child's interests, the child's opinion must be taken into account, regardless of age, and decisions must be made based on the child's highest interests.
Provisions of the Family Code
In addition, the Family Code of the Republic of Uzbekistan also contains a number of norms regarding guarantees of children's rights. In particular, according to Article 67, a child has the right to the protection of their rights and legitimate interests. If the rights and legitimate interests of the child are violated, they have the right to seek protection from the guardianship and trusteeship authority, and after reaching the age of fourteen, independently in court. The Family Code also provides for the consent of a child aged ten or older on a number of issues: changing name, surname, and patronymic; refusal of the court to grant a claim for establishing parental rights if it contradicts the child's interests; consent to adoption, which is determined when the case is reviewed by the guardianship authority or court; permission to revoke adoption only through judicial procedure taking into account the child's opinion; and the realization of placing children in a family taking into account their wishes, provided that placing children in a family is done with the consent of a child aged ten or older.
Conclusion on Children's Rights
In conclusion, it should be noted that the principle of the priority of the child's interests, recognized at the international level, as well as their right to be heard and express their personal opinion, are of great importance today, positively influencing children's lives by expanding their opportunities to express their opinions and defend their rights. This approach contributes to creating a fair and safe environment for children, helping them actively participate in social life. Nevertheless, it is extremely important to ensure the practical application and implementation of this right so that decisions made taking into account the priority of children's interests truly correspond to this principle.