Current Problems of Realizing the Right of Children to a Favorable Environment
https://doi.org/10.18384/2949-513X-2023-3-46-55
Abstract
Aim. Analysis of environmental threats that have a negative impact on the realization of the rights of the child. Identify problems arising during the implementation of children’s right to a favorable environment, based on an analysis of constitutional and legal provisions and norms enshrined in Russian legislation, as well as in international law concerning the rights of children, the doctrine of environmental law in national and international law.
Methodology. With the help of the comparative legal method, an analysis of the rights of children to a favorable environment in national and international law was carried out. The logical and formal-legal methods of scientific knowledge were also used.
Results. In the course of the study, some key problems that have an adverse impact on the implementation of the right we have identified are considered. The right to a favorable environment by children as subjects of law in Russia and other states is realized depending on the beginning of legal personality. It was revealed that in the Russian Federation legal personality begins to operate after the birth of a child, in other states this process varies from the moment of conception to the moment of birth. After studying the problems in national and international law, it was concluded that in modern states the emphasis is placed more on the fact that children are the most vulnerable to emerging threats and challenges.
Research implications. The results of the study contribute to the theory of environmental law, to the legislative improvement of norms in the course of realizing the right of children to a favorable environment.
About the Author
L. V. Yun
Russian State University of Justice, Kazan Branch
Russian Federation
Russian Federation
Larisa V. Yun – Cand. Sci. (Law), Assoc. Prof., Department of State and Legal Disciplines
ul. 2ya Azinskaya 7A, Kazan 420088
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