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LAW OF THE REPUBLIC OF BELARUS

of November 19, 1993 No. 2570-XII

About the child's rights

(as amended on 11-05-2016)

The most important political, social and economic task of the Republic of Belarus is the comprehensive guaranteed protection by the state and society of the childhood, family and motherhood present and future generations.

This Law is based on the Constitution of the Republic of Belarus, the Convention of the United Nations on the rights of the child of 1989, determines legal status of the child as independent subject and is aimed at providing his physical, moral and spiritual health, forming of national consciousness on the basis of universal values of world civilization. Special care and social protection are guaranteed to children with features of psychophysical development, and also to children, temporarily or constantly deprived of the family environment or appeared in other adverse conditions and emergency situations.

Chapter 1. General provisions

Article 1. Legal basis of regulation of the rights of the child

The legal basis of regulation of the rights of the child in the Republic of Belarus is constituted by the Constitution of the Republic of Belarus, the international agreements of the Republic of Belarus, this Law and other acts of the legislation of the Republic of Belarus regulating procedure and sales terms of the rights and legitimate interests of the child.

For the purposes of this Law the child is understood as physical person before achievement of age of eighteen years (age of majority) by it if under the law it did not acquire civil capacity to act in full earlier.

Legal regulation of the rights and obligations of the child is performed taking into account age of the child and his capacity to act.

Restriction of the rights and freedoms of the child is allowed only in the cases provided by the law for the benefit of homeland security, public order, protection of morality, health of the population, the rights and freedoms of other persons.

Article 2. Scope of this Law

This Law determines the principles of state policy concerning the child, its legal status, obligations of the organizations and physical persons for protection of the childhood.

Article 3. The state bodies and other organizations providing protection of the rights and legitimate interests of the child. Coordination of activities of the state and non-state organizations for realization of provisions of this Law

Protection of the rights and legitimate interests of the child is provided with the commissions on cases of minors, guardianship and custody bodies, prosecutor's office and court, and also other organizations authorized on that by the legislation of the Republic of Belarus which in the activities are guided by priority of protection of the rights and legitimate interests of children.

State bodies support activities of the public associations and other non-profit organizations promoting protection and realization of the rights and legitimate interests of the child.

Coordination of activities of the state and non-state organizations for implementation of this Law is performed by the Ministry of Education of the Republic of Belarus.

Article 4. Right to life

Each child has the inalienable right to life.

The state protects the child's life from any illegal encroachments.

Application of capital punishment and life imprisonment concerning children is not allowed.

Article 5. Right to protection and strengthening of health

Each child has the inalienable right to protection and strengthening of health.

The state creates proper conditions of mother on protection of her health during pregnancy, childbirth and during the recovery period after the delivery, provides healthy development of the child, provides to children free medical care and sanatorium treatment according to the legislation of the Republic of Belarus.

Article 6. Equality of children

All children have the equal rights irrespective of origin, racial, national and civil identity, social and property status, floor, language, education, the relation to religion, the residence, the state of health and other circumstances concerning the child and his parents. The children born in scrap and out of scrap use equal and comprehensive protection of the state.

Article 7. Right to nationality

Each child has the right to nationality. The bases and procedure for acquisition and change of nationality of the child are determined by the legal acts and international treaties of the Republic of Belarus regulating questions of nationality.

Article 8. Right to worthy level of living

Each child has the right to level of living and the conditions necessary for full physical, intellectual and spiritual development. State bodies through system of social and economic measures provide creation of these conditions.

Article 9. Right to integrity of human beings, protection against operation and violence

Each child has right of defense of the personality from any kinds of operation and violence.

The state provides integrity of human beings of the child, performs its protection against all types of operation, including sexual, from physical and (or) mental abuse, the cruel, rough or offensive address, humiliation, sexual harassments, including from parents (guardians, custodians) and relatives, from involvement in criminal activities, familiarizing with the use of alcoholic, low alcohol beverages, beer, consumption of drugs, psychotropic substances, their analogs, the toxic or other stupefying substances, tobacco products, coercion to occupation prostitution, begging, vagrancy, to participation in gamblings, making of the actions connected with production, distribution of pornographic materials or objects of pornographic nature and also from involvement of the child to works which can do harm to its physical, intellectual or moral development.

Persons who knew of the facts of ill treatment, physical and (or) mental abuse concerning the child posing threat of his life, to health and development shall report immediately about it in competent state body.

Article 10. Right to determination of the relation to religion

Each child has the right to independently determine the relation to religion, to practise any religion or not to profess any.

The state cannot interfere with the education of the child based on certain religious outlook of parents (guardians, custodians) and the formations of religious practices connected with it with the assistance of the child making outside organizations, respect for traditions, except as specified, when motivation to religious actions directly threatens life and health of the child, violates its rights and legitimate interests.

Concerning the child who did not reach fifteen years, religious rites are performed with the consent of parents (guardians, custodians).

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