Discuss The Principles Of Protecting The Children's Right Of Development

Life is a creative and developing process. The development of children connects with the man's long-term benefit and the future and destiny. This is not only the nature principle but also the rational consensus. The development of children depends on the protection and realization of their right of development.The writer brings forward the principle of legal protection of the children's right of development in the first part of this article. The children's right of development is the important part of the man's right. It possesses distinctive qualities, such as inevitability, dependency, diversity. That result in the complexity and amplitude of legal protection of the children's right development. So the practice needs the rational cognition of legal protection of the children's right development and mandatory principles of law. The writer puts forward three principles of legal protection of the children's right development: respect, without discrimination and the best interest.Many international instruments establish the protective principles of the children's rights, like Declaration of the Rights of the Child, and Convention on the Rights of the Child, which build a normative platform. Three principles which the writer puts forward in this article are not only the basic principles of protecting the rights of the children which are initiated in the international human rights law but also the consensus of international community.Three principles are the basic attitude answering all kinds of requests of overlapping and conflicting benefits on the base of cognition of the essence and rule of the children's right of development in fact. And they are reflected in the process of practice and manifest their value orientation. Three principles are also the foregone conclusion for china to further protect the rights of children and they can help us with protecting the rights of children and settling all kinds of perplexities.In the second part of this article the writer talks about the content of the principles. At first the writer discusses the principle of respect. Respect is the result of development of the man's ration. The principle of respect is the basic principle of society. It includes respecting the children's principal status and basic rights, respecting laws of nature, envisaging the differences of the children, tolerating the wrong of the children. Respecting children is the obligation of society.The second principle is without discrimination. Without discrimination is the better choice when we pursue equality but we can not realize the true equality because of the discriminational instinct. The principle of without discrimination admits the individual differences, avoids bad discrimination, and doesn't bring the practical harm. It includes three aspects: equality, envisaging differences, avoiding practical harm.The principle of the best interest is important to the developing the rights of children. For one thing the referent connecting with the children's right of development can supply the maximum possible opportunity, environment and condition. For other the principle requests respecting the choice of children. The principle of the best interest will effect the protection of the children's right of development.The third part of this article discusses the practice of the principles of protecting the rights of children. The principles are reflected in the interrelated laws and judicial practice in America, like welfare system of children, input of money, guarantee measure and so on. So the writer thinks that we should improve legislation on the children's right of development, safeguard judicial justice, raise the level of law enforcement and optimize the social environment.In summation, the writer thinks we should treat the three principles as the law to found a good familial, social and legal environment for children. The writer hopes the principles can be accepted by the people an applied in the practice.