Implementation of guarantees for the protection of children’s rights through the prism of the principles of enforcement proceedings

Abstract

This article examines the system of principles of enforcement proceedings as the basis for guaranteeing the protection of children’s rights, providing a detailed analysis of each with practical considerations. It argues that enforcement in cases involving children is not merely a mechanical procedure but a complex human rights process requiring adherence to principles that serve as substantive guarantees of the child’s psychophysical safety. Drawing on theoretical developments, the author defines these principles as normatively enshrined guiding ideas and value frameworks shaping the human rights orientation of enforcement bodies and determining the legitimacy of enforcement actions to protect the child’s well-being as a supreme social value. The study highlights the dualistic nature of these principles, combining general (rule of law, legality, bindingness of decisions, justice, impartiality, publicity, reasonableness of deadlines, proportionality, right to appeal) and special principles derived from international standards and the essence of childhood. Special principles include the best interests of the child, consideration of the child’s opinion, interagency cooperation, minimizing psychological and physical impact, confidentiality, and protection of privacy. The article concludes that effective legal protection relies on the harmonious integration of these principles, with the best interests of the child as the central guiding vector. The system is dynamic, allowing for further research in line with evolving international legal standards and social developments.