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10.Доцільність окремої Декларації прав жінки

In my opinion, we do not need such a declaration, because we already have the international convention, regulating women rights.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

By accepting the Convention, States commit themselves to undertake a series of measures to end discrimination against women in all forms, including:

to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;

to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and

to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

The Convention provides the basis for realizing equality between women and men through ensuring women's equal access to, and equal opportunities in, political and public life -- including the right to vote and to stand for election -- as well as education, health and employment. States parties agree to take all appropriate measures, including legislation and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

The Convention is the only human rights treaty which affirms the reproductive rights of women and targets culture and tradition as influential forces shaping gender roles and family relations. It affirms women's rights to acquire, change or retain their nationality and the nationality of their children. States parties also agree to take appropriate measures against all forms of traffic in women and exploitation of women.

11 Доцільність окремої Декларації прав дитини та прав ще не народженої дитини

On 20 November 1959 the United Nations General Assembly adopted an extended form of Declaration of the Rights of the Child, based on the structure and contents of the 1924(The Declaration of the Rights of the Child) original, with ten principles.This date has been adopted as theUniversal Children's Day. So 10 principles:

  • Principle 1 All of the rights in this Declaration should be belonged to The child. These rights should be recognized for all children without exception whatsever and without distinction or discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status concerning the child or her family.

  • Principle 2 The child law or other means should be provided with special protection and given opportunities and favorable conditions that would allow it to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. With the publication of laws for this purpose, the main consideration must be the best interests of the child.

  • Principle 3: The child must belong to the right from birth to a name and nationality.

  • Principle 4 The child should benefit from social security. The child has owned the right to healthy growth and development. The child must belong to the right to adequate nutrition, housing, entertainment and medical services.

  • Principle 5 The child who is deficient in physical, mental or social terms, must be provided special treatment, education and care as is necessary because of its special status.

  • Principle 6 The child for the full and harmonious development of his personality needs love and understanding. It should, if possible, grow under the care and responsibility of their parents and, in any case, in an atmosphere of love and moral and material security.

  • Principle 7 The child is entitled to receive education, which shall be free and compulsory, at least in the initial stages. The child has given education, which would contribute to its overall cultural development and by which it could be based on equality of opportunity to develop their abilities and personal thinking and awareness of moral and social responsibility, and become a useful member of society.

  • Principle 8 The child shall in all circumstances be among those first to receive protection and assistance.

  • Principle 9 : The child should be protected from all forms of neglect, cruelty and exploitation. It should not be traded in any form. The child should not take work to achieve the appropriate minimum age; it in no case should not be allowed job or occupation that would be harmful to his health or education or interfered with her physical, mental or moral development.

  • Principle 10 The child shall be protected from practices which may encourage racial, religious or any other form of discrimination. It should be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full knowledge that her energy and talents should be devoted to the service for the benefit of others.

This Declaration was followed In 1989 by the Convention on the Rights of the Child adopted by UN General Assembly on 2 September 1990.

The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC, orUNCRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under a state's own domestic legislation.

A fundamental issue is whether the rights of the unborn child are protected by the Charter of the United Nations, including: 

  • the Universal Declaration of Human Rights 1948

  • the International Covenant on Civil and Political Rights 1966

  • the Convention on the Rights of the Child 1989

A number of civil and criminal statutes both under International level and domestic level, directly or indirectly guarantees certain protection to the unborn child.

  1. Article 25(2) of the Universal Declaration of Human Rights, 1948 says that motherhood and childhood are entitled for special care, protection and assistance.

  2. Principle 2 of United Nations Declaration of the Rights of the Child, 1959 says that Child shall enjoy special protection and shall be given opportunities and facilities to develop physically, mentally, morally, spiritually and socially in a normal and healthy manner with freedom and dignity.

  3. Principle 4 of United Nations Declaration of the Rights of the Child, 1959 says that Child shall enjoy the benefits of social security.

  4. Article 10(2) of International Covenant of Economic, Social and Cultural Rights, 1966 says mothers are entitled for special protection during reasonable period before and after childbirth.

  5. Article 11(2)(d) of Convention on the Elimination of All Forms of Racial Discrimination says that mothers should be provided with special protection during pregnancy at work from anything harmful to them.

  6. Article 12(2) deals with provision of appropriate services and nutrition to women during pregnancy.

  7. Article 6(1) of United Nations Convention on the Rights of the Child, 1989 says that every child has the inherent Right to Life.

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