The state is not mom and dad

The Russian Constitution was proposed to amend that children are the most important property of the country

On February 28, on Facebook, Elena Alshanskaya, head of the Foundation "Volunteers to help orphans", appeared a record:

From Facebook by Elena Alshanskaya

“Everyone knows that I entered the Constitution finalization group. On the one hand, I receive dozens of letters from citizens with the proposals of [right -handed] to the Constitution, on the other hand, dozens of letters with curses for agreeing to enter the working group. Now is the very moment when I understand that I don’t regret that I have entered, I hope to influence something and really need the support of everyone who retains the remnants of common sense in our difficult time ... There was our meeting, at which amendments on which I have been working for 15 years were voiced-supporting childhood and family. Many media joyfully picked up the topic and wrote that the protection of children will appear in the Constitution.

I am also very happy about the fact that the protection of children and families will appear in the Constitution.

Only I disagree with how it can appear there.

“Article 67. Children are the most important property of Russia. The state creates conditions that contribute to the comprehensive spiritual, moral, intellectual and physical development of children, the education of patriotism, citizenship and respect for the elders. The state assumes the duties of parents in relation to children without parental care.”

We turned to Elena Alshanskaya for comment.

Elena Alshanskaya

Head of the Foundation "Volunteers to help orphans"

- Children can be value, but not property, because the main meaning of the word “property” is property, property. Children cannot be the property of the state, and the state cannot take on the functions of parents. They must grow and develop in the family.

Amendments to the Constitution are strategic in nature and reflect the current situation in terms of priorities in the development of the country, so it is important to consolidate in it as a priority of the child’s right to live and educate in the family, and not grow in orphan institutions. We already have no problems with the fact that children are removed from a blood family and placed in orphanages.

On the contrary, the state must make every effort so that the child remains in the family, and having lost his family - he returned to his relatives as soon as possible or arranged for foster parents. I proposed an alternative formulation: “The state protects the right of each child to life, health, development, the right to live and be brought up in the family. The state creates the conditions that contribute to the comprehensive spiritual, moral, intellectual and physical development of children. The state is particularly concerned about the children without parental care. "

But certainly does not become a parent instead of a family. It seems to me that this wording better determines both the care and the responsibility of the state for children, ”says Alshanskaya.

The initiative to make such an amendment is also commented by the Doctor of Law, Professor of the Department of Disciplines of the Public Law of the Higher School of Economics Irina Alabastrova:

Irina Alabastrova

Professor of the Department of Disciplines of Public Law of the Higher School

- “Children - the property of Russia” - the wording is incorrect, in legal practice this term in its meaning and content is very close to the concept of property. It is used in a number of constitutions, for example, in the Constitution of Mongolia, which says that cattle are a nation -wide property. It is unlikely that we need such analogies in relation to children.

If we proceed from this generally accepted concept, then on the contrary, this Russia should be the property of children, as, indeed, adults. But in no case is the opposite. This word denotes, first of all, belonging, therefore it is incorrect to use it in relation to our children.

This wording carries a negative moral load, humiliates human dignity, the right to which is enshrined in article 21 of the Constitution of the Russian Federation. In addition, the children's environment is, first of all, a family. The state can only be an assistant family. It should help children save the family, but not recognize children with their property in the 21st century - this is completely anachronism. The state should take care of ensuring the priority education of children in the family and help the family in the comprehensive development of the child.