Protected or Neglected?

2019

Closed access Metadata (CSL-JSON)
DOI 10.1163/15718182-02703004
Data confidence 70 medium
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It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

The aim of this article is to study the nexus between the autonomy of minors in implementing the right to peaceful assembly and the best interests of the child in safety. We consider the issue, taking Russia as an example, where the past tradition of denying children’s legal personality still surfaces in modern legislation dealing with the rights of the child. Pursuing child-sensitive practices of minors’ participation in protest are of special importance for Russia, where the legislation uses the term, “the legitimate interest of the child”, different in scope to, “the best interests of the child”. Our meta-question, hence, is whether the legal system of the Russian Federation allows full respect for minors’ autonomy in implementing participation rights while adequately addressing vulnerability of children. The article scrutinises a body of rules governing participation of under-aged persons in protest rallies which are stipulated by constitutional and administrative law going back to the practices of the Soviet era and referring to the standards of international law.