The basis of the Family code will form the presumption of innocence of the parents
Loud the repercussions of the innovation proposed by the state Duma Committee on family, women and children. We are talking about a fundamental change in the Family code. Now it will be guided by the principle of the presumption of parental innocence. The initiator of the idea, the Chairman of the Committee, Elena Mizulina, has made innovation even brighter: the Foundation for development of laws will become “the principle parent of Holiness.”
– Today’s Family code implies that the parent is always wrong, in our laws a priori inherent distrust of parents and downplay their role in the fate of her own child. For example, consent to marriage of a minor issue not their parents, and the care. And if you have a minor child, be prepared for the fact that to you at any time of the day or night can come to the guardianship, to search home, to pick up the child or to apply other repressions.
This practice should be eradicated. Juvenile justice is an ideology that seeks to take away from the family its educational functions and to delegate those tasks to the state or other bodies. Juvenile justice in their goals of anticamara. So we want to legally commit: parents are Holy, and the principle parent of Holiness should be fundamental in our laws.
We remind readers that the society has already made its unequivocal rejection of juvenile technologies. During the spring and summer of 2012 against state interference in parenting were collected 260 thousand signatures. When these signatures were sent in the name of Vladimir Putin, President of the business responded to the desire of people to stop the onset of juvenile justice and the laws that promote the country antisemejnogo rules were suspended.
How you doing today? This is best known by those who work with families who have already suffered from juvenile technologies. In a single database “all-Russian Parent resistance” for more than two years of existence, the organization was registered with 314 cases of removal of children, and, according to lawyers, 80 percent of them wrongfully seized. Activists, helping to return the children to the parents, consider: offences by bodies of guardianship were made possible thanks to the so-called juvenile bookmarks in our laws.
That made the examination of existing legal rules to identify “juvenile min”: in the absence of legislation with clear definitions of the concepts of “family”, “abuse”, “psychological violence”, “proper education” already sets the stage for offences by care. This also contributes to the confusion of the concepts of “difficult life situation” and “socially dangerous position.”
But the root of all, conclude the experts, that our laws initially involve: the parent can not be trusted. It’s weird, because the presumption of innocence exists even for those suspected of committing crimes. There the burden of proof of guilt of the person falls on the prosecutorial authorities.
Parents all on the contrary: the fact that you are a conscientious parent, you will have to prove himself, and well, if it happens after and before the removal of a child. Our parents are originally not guilty plea.
According to a member of the Public chamber of Lyudmila Vinogradova, part of our laws contain an explicit embedding of the juvenile standards. For example, paragraph 1 of article 2 of the Federal law “About bases of health protection of citizens in the Russian Federation” defines health as “a state of physical, mental and social well-being of a man, in which there are no diseases and disorders of the functions of organs and systems of the body”.
But “social welfare” is redundant a sign of health. It is vague and makes the article difficult to read. And it allows law enforcement officials to interpret the law is extremely broad. “Based on this blurred definition, – says Lyudmila Vinogradova, – guardianship focus on the lack of social welfare and taking children away from families in connection with the threat to their life and health.”
So, from Moscow family was removed a perfectly healthy baby girl four years: in the house because of the conflict of the mother with the grandmother has not been renovated, which, in the opinion of the guardianship authority, allegedly threatened the life and health of the child. After the intervention of the public the girl from rehab mom returned. But with the symptoms experienced psychological trauma: in the form of new people the girl screamed and hid.
By the way, in public parent organization noticed: no repairs have been made popular over the removal of a child from his home. According to lawyers, juvenile standards are interwoven and to the Federal law on fundamentals of social services for citizens. “Monitoring conducted by us revealed: article 22 implementing the legal field “social support” without the consent of the citizen, but at the discretion of the authorities interdepartmental interaction, often becomes a tool of control over the family and upbringing of children”, – says Lyudmila Vinogradova.
Recently, activists of the “hot line” “all-Russian Parent resistance” faced with a clear case: a woman with a group II disability, asked the social worker who brings her food, whether it is possible to agree that he drove her child to school. She said the service is based on you, not the child, but if you and your child can not cope, we it you just get.
According to Oleksandr Kovalainen, Chairman of the regional branch of the Russian public organization for the protection of the family, the pyramid of social support of the family upside down, the foster family receives child ten times more payouts than native. In the end there is this terrible phenomenon, as the demand for other people’s children. Potential adoptive parents are eagerly waiting for the guardianship will take someone child.
– The principle of the presumption of good faith of the parents must appear in the Family code to the end of 2016 – promises Elena Mizulina. – This will protect Russian family from undue interference. Moreover, the work of the guardianship must be strictly regulated.
First, there should be criminal liability for illegal actions. Must be clearly stated requirements and criteria for the work: who can and who under no circumstances is unable to perform such work, what level of education is acceptable for staff recruitment, how is control over their work that part of their mandate, what should be the conditions of a child’s life, what is the procedure for setting the family on record, what is the procedure for deregistration. Today you wouldn’t get a clear definition of a dysfunctional family. The law in this area remains streamlined. But the rules of the game must be transparent.
The family must understand why it was considered being in socially dangerous situation.
The juvenile justice system works in France since 1948. According to the reports of the inspector-General of social services Pierre Canopy family, discarding children, believe it is unfair. Because children – “the only wealth of the poorest” and the seizure of tearing the family apart forever. The answer is already there violence against social workers, educators, judges. Institute for social assistance to children, popularly referred to as the “Institute of stealing children.” According to the Association of parental assistance, seized half of the children could not take away.
Today every fifth French child removed from family. Experts see a direct link between juvenile justice agencies in the country same-sex marriages and the right of adoption of such “families” of children.
Children are taught to knock
From the manuals and posters for minor children.
– If the parents ask you to do lessons – call. We will help tip to free you from such parents. (From a poster in school, Norway. )
– Parents do not give you pocket money – give us a call. ( Netherlands . where every child has the right to have a certain financial standard, the compliance fraught for parents.)
– Parents should not put pressure on your right of expression. (To the poster – picture, where the parents allowed the child to the disco. France .)
– You can decide what you have the floor. No one has the right for you to impose. ( Holland . the series of children’s comics.)