LAPSED CHILDREN - Tartu Ülikool

LAPSED ÕIGUSAKTIDES CHILDREN IN LEGISLATION
Deliberate legislative
efforts for the
protection of the
children and the rights
of the child began in
Estonia in 1991 with
the ratification of the
UN Convention on the
Rights of the Child
The UN International Covenant on Civil and Political Rights of 1966 prescribed
protection of children upon dissolution of marriage, stipulating that the interests of the
children should come first and the age of the children should be considered in the process of
dissolution.
The year 1979 was proclaimed the International Year of the Child by the UN General
Assembly to encourage countries to adopt documents for improving the condition of
children. The work group for the development of the Convention of the Rights of the Child
was also established by the UN in this year.
On November 20, 1989, after 10 years of discussions and disputes, the UN General
Assembly adopted the UN Convention on the Rights of the Child. The Convention was
meant to be suitable for all cultures and interest groups and, therefore, the result can be
seen as a trade-off between different opinions and needs. A major point of controversy was
the definition of the age of the child, which has been treated very differently in different
cultures (for example, it was normal for girls to marry at the age of 13 in the Muslim
countries). The discussions resulted in a general definition of childhood as the age from 0 to
18. The same definition of childhood is used in Estonian national legislation. Naturally,
different countries have formulated specific reservations for different aspects of life. For
instance, the Estonian law permits marriage for persons under 18 in exceptional cases, and
the court may increase the legal capacity of minors who need to conduct certain
transactions.
The UN Convention on the Rights of the Child entered into force for Estonia on
November 20, 1991. Today, 193 states are party to the Convention.
Estonia has also ratified the two Optional Protocols to the Convention regulating the
involvement of children in armed conflict and the right to be protected from sale,
pornography and prostitution.
Even though there are other documents dealing with the rights of the children, some more
general and some specific, the UN Convention on the Rights of the Child is considered to be
one of the key documents in the field. Estonia has ratified several other international
instruments on the rights of the child, which contribute to ensuring the rights of the child both
at the national and international level.
Deliberate legislative efforts for the protection of the children and the rights of the child
began in Estonia in 1991 with the ratification of the UN Convention on the Rights of the
Child. Naturally, children had been mentioned in legislation as a specific group even before
that year. This was mostly related to private law matters: family law and the right of
succession, and the restriction of active legal capacity for minors. The latter, as well as the
provisions of the right of succession, were intended to protect the children from their own
youth and inexperience. Separate provisions were adopted for the age for criminal liability
and some other nuances. However, the rights of the child and the relevant basic principles,
which have now acquired a general mandatory character with regard to the topics
associated with children, had not been integrated in the national legislation as a whole.
Encouraged by the active treatment of the international law on the rights of the child and
ratification of the Convention, Estonia adopted in 1992 the Child Protection Act, which
entered into force on January 1, 1993 and is still applicable with only a few amendments.
Despite receiving much criticism, the Child Protection Act has served as a source document
for the interpretation of the rights of the children, as well as for other secondary laws and
regulations. Estonia has received international recognition for the adoption of a separate
legislative act dealing specifically with the protection of children, which creates a positive
national background and general attitude towards child protection.
Private Law
Private law is a field where the special rights and protection mechanisms of children have
been considered since times of Ancient Rome. This also holds true for the current Estonian
legislation. The focus in the issues of children's rights has been shifted to the child and the
central themes include regard for the best interests of the child, listening to and involving the
child, so that the child has become an independent subject of law with passive legal capacity
and partial active legal capacity related with age.
LAPSED. CHILDREN 81