Behaviour with children
Acording by Protection of the Rights of the Child Law (Chapter VII)
A child is a person who has not attained 18 years of age, excepting such persons who have been declared to be of legal age in accordance with the law or have entered into marriage before attaining 18 years of age. The State shall ensure the rights and freedoms of all children without any discrimination – irrespective of race, nationality, gender, language, political party alliance, political or religious convictions, national, ethnic or social origin, place of residence in the State, property or health status, birth or other circumstances of the child, or of his or her parents, guardians, or family members.
The Rights of the Child to a Clean Living Environment
All persons and institutions have the obligation to avoid doing harm to the surrounding environment, in order not to infringe on the rights of the child to quality of life, health and development.
The State, in accordance with the Environmental Protection Law, shall ensure supervision of the prevention of such harmful factors and causes of diseases as may negatively affect the health of the child.
The State has a duty to provide relevant information regarding the factual conditions of the environment in both the entire State and in specific territories thereof.
General Provisions for the Protection of the Child from the Influence of a Negative Social Environment
It is the duty of State institutions and local governments, and natural persons and legal persons, to protect a child from the influence of a negative social environment.
In order to reduce the effects of a negative social environment, the objective of the State social policy is to establish a benevolent cultural environment and to popularise a healthy lifestyle. Resources shall be allocated in the State budget for this.
Public radio and public television shall, pursuant to the national remit, annually create programmes popularising a healthy lifestyle.
Protection of the Child from Smoking and the Influence of Alcoholic Beverages
A child may not smoke and use alcoholic beverages. A child shall be protected from smoking and the influence of alcoholic beverages. A child may not be exposed to tobacco smoke, and smoking in the presence of a child is prohibited in order to ensure smoke-free environment for the child.
A negative attitude towards smoking and the use of alcoholic beverages shall be instilled in a child. A child is prohibited to work at jobs that are directly related to the manufacturing, testing, storage, use, as well as sale or advertising of tobacco products. A child is prohibited to work at jobs that are directly related to the manufacturing, testing, storage, use, as well as sale or advertising of alcoholic beverages, except cases when a child according to the acquisition of the practical part of the relevant vocational education programme is in traineeship which is carried out in the presence of the manager of the traineeship and during which conformity with the laws and regulations related to labour protection is ensured.
In accordance with the Handling of Alcoholic Beverages Law and the Law On Restrictions Regarding Manufacture, Sale, Advertising and Smoking of Tobacco Products, alcoholic beverages and tobacco products may not be sold to a child.
For inducing a child to use alcoholic beverages or to smoke, the persons at fault shall be held liable as laid down in law. The giving of alcoholic beverages and tobacco products at the disposal of the child shall also be deemed to be inducing a child to use alcoholic beverages or to smoke.
A child to whom has been caused mental or behavioural problems as a result of the use of alcoholic beverages, shall be ensured mandatory medical treatment and social rehabilitation according to the procedures stipulated by the Cabinet. Resources shall be allocated in the State budget for this. In case where a child or his or her parents do not agree to mandatory medical treatment, it shall be performed if a consent of the Orphan’s court of the place of residence of the child has been received.
Protection of the Child from the Use of Narcotic, Psychotropic, Toxic and other Intoxicating Substances
A child may not use narcotic, psychotropic, toxic or other intoxicating substances. A child shall be protected from the use of narcotic, psychotropic, toxic and other such intoxicating substances as have a negative influence on the organism and from the manufacture, sale and any form of distribution of such substances.
For the giving of narcotic, psychotropic, toxic or other intoxicating substances at the disposal of a child or the creation of such circumstances that such substances are freely accessible to the child, the encouraging of a child to use narcotic, psychotropic, toxic or other intoxicating substances, or the inducing of a child to use or distribute such substances, the persons at fault shall be held criminally liable.
A child to whom has been caused mental or behavioural problems as a result of the use of narcotic, psychotropic, toxic or other intoxicating substances shall be ensured mandatory medical treatment and social rehabilitation according to the procedures stipulated by the Cabinet. Resources shall be allocated in the State budget for this. In case where a child or his or her parents do not agree to mandatory medical treatment, it shall be performed if a consent of the Orphan’s court of the place of residence of the child has been received.
The Child and Games, Films and Mass Media
It is prohibited to show, sell, give as a gift, rent or promote to a child toys and video recordings, computer games, newspapers, magazines and other types of publications, in which cruel behaviour, violence, erotica and pornography are promoted and which pose a threat to the psychological development of a child.
Materials, which promote cruel behaviour, violence, erotica and pornography and which pose a threat to the psychological development of a child may not be accessible to a child, irrespective of the form of expression, devices for showing and location thereof.
Restrictions on radio and television programmes for the purposes of protection of the rights of the child shall be as determined by the Electronic Mass Media Law.
It is prohibited for a child to be located in places where materials of an erotic and pornographic nature are manufactured or shown or a pornographic performance is prepared or shown.
It is prohibited to involve a child in the manufacture or distribution of materials of pornographic nature, as well as in preparation or showings of a pornographic performance.
Issues related to the prohibition of the circulation of child pornography shall be regulated by the Law On Pornography Restrictions.
A child who has not reached 16 years of age is prohibited during school hours without the written permission of the educational institution administration and during the night to be located in internet premises, computer salons, internet cafes and other similar premises where for payment internet and computer game services are provided. Within the meaning of this Section the night-time shall mean the time period from 10:00 PM to 6:00 AM, if the relevant local government has not specified stricter restrictions in relation to the time period.
In accordance with the Gambling and Lotteries Law, a child may not have access to gaming houses and a child may participate in gambling.
The Cabinet shall determine the regulations for the distribution of computer games.
For violation of the prohibitions and restrictions referred to in this Section, the persons at fault shall be held liable as laid down in law.
Restrictions on Involvement of the Child in Events
A child may participate in different activities (events) if it does not hinder his or her acquisition of education, as well as does not threaten his or her safety, health, morality or other substantial interests.
It is prohibited to involve a child in beauty contests or other similar events, the main objective of which is only evaluation of their outer appearance.
A child may participate in activities (events), which are related to the demonstration of outer appearance (modelling schools, demonstration of clothes, advertisement of goods and other similar events) only if the restrictions referred to in Section 72, Paragraphs five and six of this Law are not applicable to the organiser of the event, the employer, as well as another person whose work is related to engaging of children in such events.
The Cabinet shall determine the procedures by which children may be involved in the events referred to in Paragraph three of this Section.
Persons shall be held liable according to the law for the violations of the prohibitions and restrictions referred to in this Section.
Child Safety during Public Events or Visits to Public Places
Child safety shall be ensured at public events in which children participate, or a public recreation activity, sports or recreation location accessible to children.
The persons referred to in Section 72 of this Law shall be liable for child safety at public events.
An organiser of a public event who established that a child has got lost or has been abandoned in such an event, or is in such conditions, which threaten his or her safety or health, shall inform the parents of the child or their substitutors or, if it is impossible, – the Police.
Safety Requirements upon Provision of Child Supervision Services
If parents or a person under whose care a child has been transferred is not able to ensure that a child up to seven years of age is in the presence of a reliable person during their absence, they have a duty to ensure supervision of the child at the place of residence of a provider of child supervision services or another place provided for supervision of a child, or at a provider of child supervision services who implements a pre-school educational programme or an interest educational programme for children.
The restrictions laid down in Section 72 of this Law shall be also applicable to the provider of child supervision services (its employees).
A provider of child supervision services shall ensure at the place where the service is provided an environment corresponding for the child, which does not cause threats to his or her safety, life, health, morals and comprehensive development, as well as ensure the legal representative of the child with an opportunity to become acquainted with documentation certifying conformity with the requirements laid down in Section 72, Paragraphs five and six of this Law.
A provider of child supervision services is registered with the Register of Providers of Child Supervision Services. The requirements for providers of child supervision services, the regulations for registration thereof, the administrator of the Register of Providers of Child Supervision Services and the information to be included in the Register shall be stipulated by the Cabinet.
Protection of the Child from Illegal Activities
For violence against a child, encouraging or forcing a child to take part in sexual activities, exploitation or involvement of a child in prostitution, the persons at fault shall be held liable as laid down in law.
A child who is a victim of a criminal offence, exploitation, sexual abuse, violence or any other unlawful, cruel or demeaning acts, shall, in accordance with procedures stipulated by the Cabinet, be provided with emergency assistance free of charge, in order that a child may regain physical and mental health and reintegrate into society. Such medical treatment and reintegration shall take place in an environment favourable to the health, self-esteem and honour of a child, carefully guarding the child’s intimate secrets.
Every person has the duty to inform the police or another competent authority regarding violence or any other criminal offence directed against a child. For failing to inform, the persons at fault shall be held to liability as laid down in law.
The police has a duty to inform the Orphan’s court according to the location of the child regarding the decision taken by the police on separation, if such decision has been taken in relation to the threat of harm to the freedom, life or health of the child or such person who is permanently residing with the child.
Child Victims of Violence or Other Illegal Acts
Special institutions or sections in general medical institutions shall be established and special resources allocated in the State budget for the medical treatment and rehabilitation of a child who has suffered as a result of violence. Expenditures for the medical treatment and rehabilitation of the child shall be covered by the State and shall be collected from the persons at fault by subrogation procedures.
Special medical treatment shall be provided for a child who has become ill with a sexually transmitted disease. The adults at fault for the illness of the child shall be held liable as laid down in law and the costs of the medical treatment shall be collected from them.
It is prohibited for a child who has been a victim of violence (illegal act):
- to be left alone, except in cases when the child himself or herself so wishes and this choice is considered appropriate by a psychologist who has undergone special preparation for work with children who have suffered from violence;
- to be left without psychological or other form of care;
- to be confronted by the possible perpetrator of the violence (illegal act) while the child is not sufficiently psychologically prepared for such a confrontation;
- to be subjected to the use of any compulsory measures in order to obtain information or for any other purpose.
Out-of-family care shall be provided without delay for a child who has suffered from violence (illegal act) in his or her family or for whom a real threat of violence exists, if it is not possible to isolate the persons at fault from the child.
Duties of the Child in the Home
A child has the duty to keep him or herself neat and to take part in housework appropriate to his or her age.
A child shall treat his or her parents (adopters), and other family members, guardians and foster family members with respect.
Duties of the Child toward Society
A child is a full-fledged member of society. The duties of a child towards society shall increase in correspondence with the age of the child.
A child has the duty to study commensurate to his or her physical and mental development. During study time the child shall observe the internal procedural regulations of the educational institution.
A child, depending on his or her age and maturity level, has the duty to safeguard his or her health.
A child shall treat the State and its symbols with respect and shall observe the law.
A child shall observe the behavioural norms accepted by society. The child shall not, in exercising his or her rights, infringe the rights and lawful interests of other children and adults.
A child has the duty to treat the surrounding environment with care.