The child’s right to express his / her views in the context of Russian culture and democracy

Abstract

The main focus of this paper is to consider the right of the child to express his / her views and, in particular, to attempt to understand the essence, scope and perspectives on the realization of this right in Russia in the context of the legislation in force, cultural prerequisites and the Russian model of democracy. With this in mind, a discussion will be conducted on the interconnection between the right to express views, partially accepted in Russia, and the right to participate, which has been denied to the child due to the traditional attitude towards minors. The conclusion will be that the right to participation should be considered a broader one which cannot be equated with the right to express views. Nevertheless, the latter is the core and the basis for other related rights. Further, an overview is provided of the legal framework and practices that implement the child’s right to express views and participate in the decision-making process. Finally, traditional perceptions with regard to children and their rights and the specifics of Russian democracy will be explored, as well as the way that they influence the right of the child to express his/her views. It will be argued that Russia is not in favour of the child’s right to express views given the revival of ‘traditional values’ as reflected in the legislation and supported by state policies, and together with a clear rejection of the primacy of international standards in the field. Observance of the child’s right to express his / her views will not only support their formation as active citizens of their country (and of the regional and global community) free of traditional biases but will also promote further child participation.