Study On The Legal Protection Of The Rights Of The Street Children

Children are the future of society,the hope of the nation,the country’s futuremaster,we should take the lives,the human rights,and the dignity of the childrenseriously,and cteate all the conditions to fully safeguard children’s rights.The situation of street children of our country is so outstanding, that they live ina poor living environment and stay in a weak social position. The emergence of thestreet children relates to the social environment,families and children themselves.Researches on the street children exist a lot, however, non has regarded the streetchildren as the subject of the right in theory. And also the responsibilities to protectthe street children are not divided clearly. Practically the imperfect of the protectingand assistance system of the street children leads to their rights can not be effectivelyprotected. The author believes that only if we raise the protection of the streetchildren to the height of right can the street children be perennially and effectivelyprotected. Therefore, firstly we need to study and analyse the legal principle. As ainterest distribution and adjustment mechanism, the protection of the legal right tothe street children takes precedence over the general policy and charity, it’s a morecertain and durative way, which can encourage the initiative, to protect the streetchildren. The right protection of the street children is in accordance with the basicconcept of the human right and the requirement of the substantive equality，andwhat’s more, it also reflects the social justice. The right protection of the streetchildren follows the basic principle of Convention on the Right of the Children----theprinciple of best interest,respect for the children,multiple responsibilities,and equalprotection. As to the street children, the equal protection principle includes themeaning that there should be special protection to the street children.The country,society and the families should assume the obligations ofprotecting the street children. Specifically, the state could raise the public will to the state will to protect the right of the street children. The state should strengthen thelegislation,administration,judicature and other macroscopic steps to protect the streetchildren feasibly. Relative to the country’s macroscopic obligations, the protection ofthe social organizations and the individuals to the street children reflects mainly in amicro-level. The schools,communities,non-governmental organizations and massmedias should effectively fulfill their respective responsibilities to create a favorablesocial environment for the protection of street children. Individual citizens protectingthe street children mainly reflect in fulfilling their obligations of guardianship, andas for the ordinary citizens, they succor the street children from the moralobligation,which reflect the concept of corporate social responsibility.The ultimate goal of the researches on the street children is to study and explorethe mechanism of the protection of the right of street children. According to ourcurrent situation, firstly we should establish the idea that the street children is thesubject of the right, which is entitled by the law and can not be deprived. Theobligation of the country,society and the individual citizen to protect the streetchildren is not only because of the moral but also statutory. The protecting system tothe children in our country is not perfect, we could improve the family children rightprotecting system, establish the children community guardianship system, andpromote the integrity of the children welfare system to complement and perfect theprotecting system. It is the best protecting for the children that designing the specificprotecting system, eliminating the factors leads to the wandering out in the street.For the children already been wandering out, we should improve the existingassistance system. Firstly, the existing Vagrants and Beggars Assistance Regulationscan not protect the street children of this special group, we could establish StreetChildren Assistance Regulations to perfect the protecting system. Secondly, weshould take different assistant measures in accordance with the differentcharacteristics of the street children. Thirdly, Government should play a leading role,and the government functions should be further strengthened. At last, the assistanceto the street children need the active participation of nongovernmental organizationsand the individuals. As long as the respective together play their role,form a network system among the government, nongovernmental organizations and theindividuals, the right of the street children can be effectively protected.In short,we should be based on law,set up to promote the institutionlization,standardization, legal rights protection mechanisms, to fully protect street children’sright through the establishment and innovation.