Guarantees for pregnant employees. The rights of pregnant women at work under the Labor Code. Occupational safety of pregnant women

WITH Modern Russian women go, and sometimes willingly, to work with difficult and harmful working conditions. For some, this is an opportunity for higher earnings, for others it is generally the only chance to find a job. When widespread unemployment rages, the payment of wages is delayed for several months, and in some places for several years, a man alone is simply not able to support his family, especially since it is difficult to foresee what changes await our country tomorrow ...

According to statistics for 1998, more than 7 million women were employed in Russian production, of which more than 880 thousand (12%) worked in conditions that did not meet sanitary and hygienic standards, including 74 thousand who were engaged in hard physical labor. . (1%), in conditions of increased noise, ultra- and infrasound, 400 thousand (5.5%) worked, in conditions of increased dust / gas content of the air in the working area - respectively 237.5 thousand (3.2%) and 239 thousand (3.2%). The numbers are impressive ...

There is a list of hard work and work with harmful or hazardous working conditions approved by the Decree of the Government of the Russian Federation of February 25, 2000 No. 162, during which the use of women's labor is prohibited. It contains a list of industries, professions and jobs that are harmful to the health of women and their future children, but the number of women working in difficult and harmful conditions is declining extremely slowly.

It is no coincidence that I began my article on labor protection for pregnant women by talking about female labor in general. It is necessary to think about the health of the unborn child long before conception - after all, sick mothers rarely have healthy children ... Of course, work in hazardous industries listed in the mentioned The list, generally unacceptable for women, not to mention the period of pregnancy. But even the work that a woman is accustomed to during pregnancy can become difficult for her. I would like to tell working women what benefits and changes in working conditions they are entitled to in connection with pregnancy, as well as remind once again business leaders, what, in accordance with the current Russian legislation, should be the organization of work of pregnant women.

The state pays special attention to the working conditions of women - this can be seen from the Code of Labor Laws of the Russian Federation (Labor Code): there is a whole chapter devoted to them (Labor Code, Chapter 11 “Labor of women, as well as workers with minor children or caring for sick members of their families "). But, naturally, you should be especially careful with pregnant women - to protect them at work from negative phenomena that can affect the course of pregnancy and the unborn child. Let us consider what working conditions should be provided to women when pregnancy is established.

General terms

One of the benefits for women is providing them with an easy mode of work during pregnancy and caring for infants and young children ( Labor Code, Art. 164). During this period, they have the right:

• do not work at night;
• not work overtime;
• refuse business trips ( Labor Code, Art. 162).

A competent leader who employs pregnant women will do everything possible not to violate their rights and to make their work easier. Sometimes a woman herself asks to be admitted to night or overtime work, wants to go on a business trip, but in this case, she should be refused, relying on the legislation.
At all enterprises, pregnant women should be made easier to work, create favorable conditions for its implementation ( Sanitary rules and regulations 2.2.0.555-96 approved by Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated 28.10.1996 No. 32, Further SanPiN).
Article 164 of the Labor Code reads: "For pregnant women, in accordance with a medical report, production rates, service standards are reduced, or they are transferred to another job, lighter and excluding the impact of unfavorable production factors, while maintaining average earnings at the same place of work."... The average wage of a woman is determined in accordance with the procedure for calculating the average wage in 2000-2001. ( Resolution of the Ministry of Labor and Social Development of the Russian Federation of 05/17/2000 No. 38).
Until the issue of providing a pregnant woman with another - easier and excluding the impact of unfavorable production factors - work, she must be released from work with the preservation of average earnings for all work days missed as a result, at the expense of the enterprise ( Labor Code, Article 164, Clause 2).
Now let's move on to considering the specific requirements for the working conditions of pregnant women (all the data below are based on the above SanPiN), we will consider separately the labor of women in industrial production and in the service sector, in agriculture and in the office - the division is rather arbitrary, but it will help us to more clearly highlight some essential points. "A woman should not constantly stand in one position, the total distance that she travels per shift should not exceed 2 km."(SanPiN, clause 4.1.3). "Constant work in a sitting, standing position or associated with continuous movement (walking) is excluded"(SanPiN, clause 4.2.1). In addition, pregnant women should not be entrusted with work performed in a squatting position, kneeling, bent over, with an emphasis on the abdomen and chest.
For pregnant women, special workplaces should be equipped, which provide for the performance of work duties in a free mode, allowing a change in posture at will.

Lifting weights

“Women should not perform production operations related to the lifting of objects of labor:

• from the floor;
• above the level of the shoulder girdle;
• with a predominance of tension in the abdominal muscles " (SanPiN, clause 4.1.2).

The permissible values ​​of loads for pregnant women are calculated by the Decree of the Government of the Russian Federation dated 06.02.1993 No. 105 "On new standards and maximum permissible loads for women when lifting and moving weights manually." They are as follows:

• when lifting and moving weights in alternation with other work (up to 2 times per hour) - no more than 2.5 kg;
• with continuous lifting and moving weights during the work shift - no more than 1.25 kg;
• the total mass of goods moved during each hour of the work shift at a distance of up to 5 m - no more than 60 kg;
• the total mass of goods transported during an 8-hour work shift is not more than 480 kg.

It should be noted that we are talking about gross weight, that is, the tare weight is also included in these values.

Agriculture

Women employed in the agricultural sector should be excused from work related to animal husbandry and crop production from the moment of pregnancy confirmation. Agricultural enterprises must give out their food products free of charge to pregnant and lactating women (Resolution of the Supreme Soviet of the RSFSR "On urgent measures to improve the situation of women, families, protection of mothers and children in rural areas" dated 1.11.1990).

Office work

From the moment of the establishment of pregnancy and during the period of breastfeeding, women are not recommended to perform all types of work professionally related to the use of personal electronic computers ( SanPiN, clause 4.1.10). It is clear that in our time of computer technology this rule is difficult to follow, but women should limit the time of such work.
The sanitary rules for pregnant women even provide for a footrest with a grooved surface ( SanPiN, clause 4.2.3) and a special chair ( SanPiN, clause 4.2.2) - its main parameters are indicated in GOST 21.889-76 however, these chairs are not currently being manufactured. Such a chair should:

• be rotating;
• have a backrest adjustable in height;
• have a headrest or high back;
• have an armrest.

It is better if the back of the chair can be adjusted in tilt angle depending on the gestational age; the seat should not be rigid and sliding ( SanPiN, clause 4.2.2).

And at the end of the article, I would like to give the heads of enterprises and institutions some recommendations, the implementation of which will contribute to the establishment of greater mutual understanding between working pregnant women and the administration:

• develop and prepare workplaces for pregnant women in advance in accordance with SanPiN;
• in order to preserve and increase the working capacity of pregnant women, in the winter-spring period of the year, provide fortification of working pregnant women, starting from the 12-week period;
• at enterprises where mainly female labor is used (weaving factories, etc.), it is simply necessary to organize rooms for personal hygiene, rest rooms, in some cases - nurseries, summer playgrounds for children.

Working conditions of a pregnant woman

The law establishes additional social guarantees for women who are pregnant. Working conditions for pregnant women consist initially in the prohibition of heavy physical and harmful work. But the facilitation of labor discipline for this category of workers is not limited to this. An employer cannot fire a pregnant woman without her consent, and you should be aware of this.

What labor benefits are there?

Legislation (Article 253, Russian Labor Code) restricts the use of female labor in hazardous, hazardous or underground work, and activities for the transfer of weights that are outside the permissible limits. But, when a worker is pregnant, she has the right to demand a reduction in physical activity. The main thing is that there is no gender discrimination.

According to the medical opinion and at the request of the expectant mother, the employer is obliged to transfer her to a job that excludes harmful effects on the human body.

If the new labor costs less, then the payment for the result does not change - the woman receives the average salary of the position from which she was transferred due to pregnancy (Article 254, Russian Labor Code).

Before the transfer is issued, a woman is released from her work duties with the preservation of wages.

In addition, it is prohibited (Article 259, Russian Labor Code):

• The use of labor force of pregnant women in night work shifts.
• Overtime employment.
• Travel directions.
• Call on Saturday, Sunday and holidays.

Technical requirements for the work of a pregnant woman

According to the sanitary standards (Decree No. 32 of the Sanitary and Epidemiological Committee), a prohibition of labor actions that entail an increase in physical, psychological, overload of the body is established for workers during pregnancy.

The expectant mother is prohibited from working:

Forcing you to lift goods above your shoulders; from the genital surface; with muscle tension in the legs and abdomen; in a certain position of the body (squatting or kneeling, resting on the stomach); with a mandatory inclination of the body at an angle of more than 15 °.

On foot operated machines.

On conveyor technology with a preset movement rhythm.

Leading to a nervous and psycho-emotional breakdown.

Interacting with pathogens.

Under the condition of infrared radiation above natural values ​​and at a temperature of the working surfaces above 35 °.

Causing soaking of clothes and shoes, or passing through drafts.

With strong changes in atmospheric pressure.

If the place of work does not have windows and natural light sources.

Subject to constant use of video display terminals and computers.

Technical actions for a pregnant woman are selected taking into account the following physical activity:

• If there is a lifting and movement of goods, these actions alternate with other work, the weight of the object being lifted is allowed up to 2.5 kilograms. If the alternation does not occur during the work shift, then the permitted weight is reduced to 1.25 kilograms.
• When moving goods at a distance of up to five meters from work tables, the total weight of items does not exceed 60 kilograms for one hour of activity or 480 kilograms for the entire time of work.

When performing her work duties, the expectant mother is allowed to perform simple actions related to folding, packing, sorting objects in a free position, if the work process complies with sanitary and hygienic standards.

A pregnant woman can be fired only by agreement of the parties, so if you do not want to voluntarily resign, in no case sign anything.

Requirements for a woman's place of work during her pregnancy

Legal norms (Resolution No. 32, adopted by the Sanitary and Epidemiological Committee of Russia) establish the necessary conditions for creating a space for the future mother's work. It complies with the rules if:

• Allows you to perform actions in an unclamped mode and posture, makes it possible to change the position of the body at the request of the worker.
• It includes a swivel chair with backrest adjustment, which has hand and head holders, a lumbar protrusion. The tilt of the back is allowed to be adjusted depending on the time of pregnancy, the characteristics of work and rest of the employee.
• Its design provides for a footrest, the slope and height of which is adjustable at the discretion of the pregnant woman.
• The worktop has a recess for the body, its corners are rounded and the surface is matte.

The optimum temperature in the room, office, warehouse where the woman is located when performing her labor activities is 23-25 ​​° C. Air humidity is 40-60%. Consecration is the maximum allowable, the noise level is not higher than 60 decibels. There is no vibration and ultrasonic radiation. Atmospheric pressure corresponds to natural parameters.

Registration of transfer to light working conditions

Legislatively (Article No. 253 of the Russian Labor Code) it is established that the transfer to another position occurs at the request of the employee upon receipt of a medical certificate, which indicates the need to change the parameters of the performance of professional duties.

If an employee expresses a desire to change her job duties and confirms her status with medical documentation (it is allowed to issue it already at the first visit to a gynecologist), the necessary work is selected. After that, the organization issues an order to transfer the woman to another job, to establish a new wage for her, the minimum amount of which is equal to the average earnings in the previous position.

Such a transition is allowed at the will of the employer. To do this, the woman is sent an offer to move to another job. If she agrees to change the labor function, then a transfer order is issued.

After signing an internal order, an additional agreement to the work contract is drawn up. It is necessary to amend the employment contract according to the law (article 72 of the Labor Code of Russia) if:

• There was a temporary change in the labor function of the worker.
• The place of her employment is changing.
• Wages are changing.

If situations arise when the working conditions do not allow the expectant mother to be transferred immediately (there are no vacancies or the woman does not fit in qualifications), the employer removes her from work while maintaining the average wage. Suspension lasts until translation becomes possible.

Additional social guarantees for pregnant women

In addition to restrictions on harmful working conditions, the law provides for the following social guarantees and benefits for expectant mothers:

• A prohibition for an employer to dismiss without her consent (Article 261 of the Russian Labor Code). This rule does not apply to the liquidation of the enterprise where the pregnant woman works.
• Prolongation of a fixed-term employment contract at the request of a woman and upon providing her with a pregnancy certificate. This rule does not apply to cases of returning a temporarily absent employee.
• Providing, regardless of the length of time, annual leave before leaving on maternity leave and immediately after leaving it.

Establishing a preferential labor regime for pregnant women is a way to support the birth rate and protect the rights of pregnant women ..

Employees of the portal site will help you draw up the documents correctly if you want to facilitate your activities, force the manager to find a job that meets legal requirements.

Our support will allow to defend rights and protect property interests while waiting for the birth of a child. Consultation on the site is a way to find answers to legal questions of employment of expectant mothers.

If they want to dismiss you during maternity leave, please contact our specialists immediately.

FEDERAL CIVIL STATUS Acts.

CHAPTER II. STATE BIRTH REGISTRATION

15.11.97, No. 143-FZ
Moscow Kremlin

Article 14. Grounds for state registration of birth

1. The basis for state registration of birth is an:

• a document of the established form of birth, issued by a medical organization, regardless of its organizational and legal form (hereinafter referred to as a medical organization), in which the birth took place;
• a document of the established birth form issued by a medical organization whose doctor provided medical care during childbirth or to which the mother applied after giving birth, or by a person engaged in private medical practice (hereinafter referred to as a private practitioner), during childbirth outside a medical organization;
• a statement by a person who was present during childbirth about the birth of a child - during childbirth outside a medical organization and without the provision of medical assistance.

2. A person who was present at the time of childbirth may make a statement about the birth of a child orally or in writing to an employee of the vital statistics office that carries out state registration of birth.

If the specified person does not have the opportunity to appear at the civil registry office, his signature of the application for the birth of a child by this woman must be certified by the organization in which the specified person works or studies, the housing maintenance organization or the local government body at his place of residence, or by the administration of the inpatient medical the organization in which the specified person is being treated.

3. An application drawn up in accordance with the procedure established by paragraph 2 of this article may be submitted to the vital statistics office by the parents (one of the parents) of the child or another person declaring the birth of the child, and can also be sent to the vital statistics office by postal communication, electrical communication or in any other way.

4. In the absence of grounds for state registration of birth, provided for in paragraph 1 of this article, state registration of the birth of a child is carried out on the basis of a court decision on establishing the fact of the birth of a child by this woman.

Article 15. Place of state registration of birth

1. State registration of birth is carried out by the civil registry office at the place of birth of the child or at the place of residence of the parents (one of the parents).

2. In the record of the birth certificate, the actual place of birth of the child or the name of the place where the child was found shall be indicated (name of the state, subject of the Russian Federation (administrative-territorial formation of a foreign state); name of an urban, rural settlement or other municipal formation).

3. In the event that a child was born on a ship, on an airplane, on a train or in another vehicle during its journey, the state registration of birth is carried out by the civil registration authority at the place of residence of the parents (one of the parents) or by any civil registry authority. states located along the route of the vehicle. The place of birth of a child indicates the place of state registration of the birth of a child.

4. State registration of the birth of a child born on an expedition, at a polar station or in a remote area in which there are no civil registration authorities, is carried out by the civil registration authority at the place of residence of the parents (one of the parents) or at the closest to the actual place of birth child civil registry office.

Article 16. Declaration of the birth of a child

1. Parents (one of the parents) declare the birth of a child orally or in writing to the civil registry office.

2. If the parents are not able to personally declare the birth of the child, the child's birth declaration may be made by a relative of one of the parents or another authorized parent (one of the parents), or by an official of a medical organization or an official of another organization in which there was a mother during childbirth or there is a child.

3. Simultaneously with the submission of an application for the birth of a child, a document confirming the fact of the birth of a child must be submitted, and documents must be presented proving the identity of the parents (one of the parents) or the identity of the applicant and confirming his authority, and documents that are the basis for entering information about the father in the record of the child's birth certificate.

4. In the event that the birth of a child is confirmed by an application from a person who was present during the birth, such an application must be submitted to the civil registry office in accordance with the rules established by Clauses 2 and 3 of Article 14 of this Federal Law.

5. When the state registration of the birth of a child, at the request of the spouses who have given consent to implantation of an embryo to another woman for the purpose of carrying it, simultaneously with a document confirming the fact of the birth of a child, a document issued by a medical organization and confirming the fact of obtaining the consent of the woman who gave birth to the child must be submitted ( surrogate mother), on the record of the specified spouses by the parents of the child.

6. An application for the birth of a child must be made no later than one month from the date of birth of the child.

Article 17. Procedure for entering information about parents in the record of the child's birth certificate

1. The father and mother, who are married to each other, are recorded by the parents in the record of the child's birth at the request of any of them.

Information about the child's mother is entered into the record of the child's birth certificate on the basis of the documents specified in Article 14 of this Federal Law, information about the child's father - on the basis of the parents' marriage certificate.

2. In the event that the marriage between the parents of the child is dissolved, declared invalid by the court, or if the spouse has died, but no more than three hundred days have passed from the date of the dissolution of the marriage, recognition of it as invalid, or from the date of the death of the spouse to the birthday of the child, no more than three hundred days have passed, information about the mother of the child shall be entered in recording of the act of his birth in the manner prescribed by paragraph 1 of this article, information about the child's father - on the basis of the parents' marriage certificate or other document confirming the fact of state registration of marriage, as well as a document confirming the fact and time of termination of the marriage.

3. If the parents of the child are not married to each other, information about the mother is entered into the record of the child's birth certificate in the manner prescribed by paragraph 1 of this article.
Information about the child's father in this case is entered:

• on the basis of the record of the act on the establishment of paternity in the event that paternity is established and registered simultaneously with the state registration of the birth of a child;
• at the request of the child's mother if paternity has not been established. The surname of the father of the child is recorded by the surname of the mother, the name and patronymic of the father of the child - at her direction. The entered information is not an obstacle to resolving the issue of establishing paternity. At the request of the mother, information about the child's father may not be entered in the child's birth certificate.

Article 18. Recording the surname, name and patronymic of the child during state registration of birth

1. At state registration of birth, the surname of the child is recorded by the surname of his parents. With different surnames of the parents, the surname of the child is recorded by the surname of the father or by the surname of the mother by agreement of the parents.

2. The child's name is recorded by agreement of the parents.

3. In the absence of an agreement between the parents, the child's name and (or) his surname (with different surnames of the parents) shall be recorded in the record of the child's birth certificate at the direction of the guardianship and guardianship authority.

4. The child's patronymic is recorded by the father's name, unless otherwise based on national custom.

5. If the mother is not married to the child's father and paternity has not been established for the child, the child's name is recorded at the request of the mother, patronymic - by the name of the person indicated in the birth certificate as the child's father, the child's surname - by surnames of the mother.

If, at the request of a mother who is not married to the child's father, information about the child's father is not entered in the birth certificate, the child's patronymic is recorded at the direction of the mother.

6. If the law of the subject of the Russian Federation, based on the norms of the Family Code of the Russian Federation, provides for a different procedure for assigning a surname and determining the patronymic of a child, the child's surname and patronymic are recorded during state registration of birth in accordance with the law of the subject of the Russian Federation.

Article 19. State registration of the birth of a found (thrown) child

1. The internal affairs body, the guardianship and trusteeship body, or a medical organization, an educational organization or an organization of social protection of the population, in which the child is placed, must declare the state registration of the birth of a found (thrown) child, whose parents are unknown, no later than seven days after day of the discovery of the child.

The person who found the child is obliged to declare this within forty-eight hours to the internal affairs body or to the guardianship and guardianship body at the place where the child was found.

2. Simultaneously with the application for state registration of the birth of the found (thrown) child, the following must be submitted:

• document on the discovery of the child, issued by the internal affairs body or the guardianship and guardianship body, indicating the time, place and circumstances in which the child was found;
• a document issued by a medical organization confirming the age and sex of the found (thrown) child.

3. Information about the last name, first name and patronymic of the found (thrown) child shall be entered in the record of the act of his birth at the direction of the body or organization specified in paragraph 1 of this article. Information about the parents of the found (thrown) child is not entered into the record of his birth certificate.

Article 20. State registration of the birth of a child born dead or died in the first week of life

1. State registration of the birth of a child born dead is carried out on the basis of a document of the established form on perinatal death, issued by a medical organization or a private practitioner.

A birth certificate for a child born dead is not issued. At the request of the parents (one of the parents), a document is issued confirming the fact of state registration of the birth of a still child.

State registration of the death of a child born dead is not carried out.

2. If the child died in the first week of life, the state registration of his birth and death is made.

State registration of the birth and death of a child who died in the first week of life is carried out on the basis of documents of the established form about birth and perinatal death, issued by a medical organization or a private practitioner.

On the basis of the compiled records of birth and death acts, only the death certificate of the child is issued. At the request of the parents (one of the parents), a document is issued confirming the fact of state registration of the birth of a child who died in the first week of life.

3. The obligation to declare to the civil registry office about the birth of a still child or about the birth and death of a child who died in the first week of life is vested in:

• the head of the medical organization in which the childbirth took place or in which the child died;
• the head of a medical organization, whose doctor established the fact of the birth of a still child or the fact of death of a child who died in the first week of life, or to a private practitioner - during childbirth outside the medical organization.

4. A declaration of the birth of a still child or the birth and death of a child who died in the first week of life must be made no later than three days from the date of establishing the fact of the birth of a still child or the fact of death of a child who died in the first week of life.

Article 21. State registration of the birth of a child who has reached the age of one year or more

1. State registration of the birth of a child who has reached the age of one year or more, in the presence of a document of the established form of birth, issued by a medical organization or a private practitioner, is carried out at the request of the parents (one of the parents) or other interested persons. When a child reaches the age of majority, the state registration of his birth is carried out at the request of the child who has reached the age of majority.

2. In the absence of a document of the established form of birth, the state registration of the birth of a child who has reached the age of one year or more is carried out on the basis of a court decision on establishing the fact of birth.

Article 22. Contents of the record of the birth certificate

1. The following information is entered into the record of the birth certificate:

• surname, name, patronymic, gender, date and place of birth of the child;
• the number of children born (one, twins or more children);
• information about the document confirming the fact of the birth of the child;
• surname, name, patronymic, date and place of birth, citizenship, nationality (entered at the request of the applicant), place of residence of the parents (one of the parents);
• information about the document that is the basis for making
• information about the father;
• the surname, name, patronymic and place of residence of the applicant, or the name and legal address of the body or organization that announced the birth of the child;
• series and number of the issued birth certificate.

2. In the event of the birth of twins or more children at the same time, a birth certificate shall be drawn up for each child, indicating the sequence of their birth.

3. In the event of the birth of a still child, information about his name and patronymic is not entered into the record of the birth certificate.

Article 23. Birth certificate

A birth certificate contains the following information:

• surname, name, patronymic, date and place of birth of the child;
• surname, name, patronymic, citizenship of the parents (one of the parents);
• date of compilation and number of the record of the birth certificate;
• place of state registration of birth (name of the civil registry office);
• date of issue of the birth certificate.

At the request of the parents, an entry on the nationality of the parents (one of the parents) can be entered into the birth certificate.

Rights of a pregnant woman and a woman in labor

The woman found out that she was going to have a child! How much joy, anxiety, happiness and anxiety she experiences at this moment. But along with a wave of various feelings, a heap of trouble falls on the expectant mother. First of all, you need to register at the antenatal clinic at the place of residence or choose for OBSERVATION at any paid gynecological center. The woman is diagnosed with "pregnancy" and the doctor begins to guide her through 9 interesting and hectic months of waiting.

Stop.

But is everything going as smoothly as we would like? Living with any diagnosis is not at all pleasant. And then the doctor treats the pregnant woman like a time bomb, scares and prescribes some kind of medicine. I would like to have a knowledgeable, reliable person nearby who would really become a guide for a woman in the wonderful world of motherhood. So that he does not treat the expectant mother as a seriously ill patient, but understands that pregnancy is not a diagnosis, but a condition.

But our trouble is not only that there are few good specialists, but also that we do not know our RIGHTS. When entering a consultation or a maternity hospital, we cannot track the legality of the operations and procedures performed. Nevertheless, there are very specific indications for each medical purpose. Each manipulation must be carried out according to certain rules that we - patients - need to know.

The legislative framework.

Every citizen of the Russian Federation needs to know the "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens." Articles 30 and 33 are very important from the point of view of protecting the rights of patients:

Article 30:“Consent to medical intervention. A necessary condition for medical intervention is informed voluntary consent of the citizen. In the case when a citizen's condition does not allow him to express his will, and medical intervention is urgent, the issue of its implementation is decided by the council, and if it is impossible to collect the council, by the attending (duty) doctor. "

Article 33:"Refusal of medical intervention."

A citizen or his legal representative has the right to refuse medical intervention or demand its termination, except for cases when anti-epidemic measures are taken against persons who have committed socially dangerous acts, as well as persons suffering from severe mental disorders. "

In addition, Russia has signed the following international documents:

International Code of Marketing of Breast Milk Substitutes (May 21, 1981);

Declaration on the Protection, Promotion and Support of Breastfeeding of Children (August 1, 1990) "Innocenti Declaration";

Basic patient rights relevant to pregnant women:

A woman has the right, if she wishes, to choose a doctor or institution where she is going to be monitored during pregnancy.

In the event that the local obstetrician-gynecologist does not meet the needs of the patient, she has the right to change the doctor to any other.

When prescribing something to a pregnant woman (a woman in labor, as well as, by the way, to any other patient), the doctor is obliged to inform about the consequences of using the medicine or research, to tell about contraindications, side effects, comparative risks. Any procedure prescribed by a pregnant woman must be strictly justified.

In relation to pregnant women, this applies, for example, to drugs "courantil" and "trental". They should not be prescribed for prophylactic purposes, since they are contraindicated in pregnancy. If the doctor insists on the absence of side effect and contraindications, advises not to read the annotation to the drug, then this only speaks of the incompetence of the doctor.

A woman is not required to undergo any medical examinations without medical indications.

Basic patient rights relevant to women in childbirth:

Speaking about the rights of women in labor, I would like, first of all, to talk about the rules for conducting procedures and using drugs during childbirth. It is a pity that women do not know these rules, and health workers neglect them. Doctors are people too and can make mistakes - they need to be checked, like any other hired specialist. Therefore, compliance with these rules depends on the women themselves and on their "lawyers" - assistants and partners accompanying them in childbirth.

1. Shaving the pubis, perineum and armpits is carried out only if there is a stamp with the diagnosis of "head lice" in the exchange card of the woman in labor. In other cases, this is simply the arbitrariness of medical workers. (By the way, the shaving razor should be disposable, and its packaging should only be broken before your eyes.)

2. An enema is done only at the request of the woman in labor.

Prescription and administration of drugs (both tablets and injections)

During physiological childbirth, a woman does not need the introduction of any foreign substances into the body. Very often in maternity hospitals you can hear “We will make you glucose for your baby. This is what we do to everyone. " Justification of the invasion of a woman and a child with the words “We do this to everyone” is unconvincing and cannot serve as an argument in favor of the invasion. To prescribe any treatment in childbirth, the doctor must first tell the woman on what basis he is going to prescribe this treatment and what threatens the health of the mother and child. The mother, in turn, must consent to the proposed treatment. (Unfortunately, if the mother thinks about the proposed drugs during childbirth and follows the doctors, she will not be able to relax and enter the birth state. Therefore, in the maternity hospital, it is best to have a representative with you who will take over the communication with the doctors, giving the mother the ability to disconnect from all external circumstances.-Ed.)

Wherein:

1. When giving a woman a tablet, the nurse or midwife should show the medicine container from which she is getting the medicine.

2. When giving an injection or placing an IV, a nurse or midwife should open the system or syringe with the woman, open the drug and draw it into the syringe. In a situation where a woman in labor is approached with a syringe already filled or filled with a dropper, the woman has the right to refuse the injection.

The health worker is not your relative, you see him for the first time and he is not at all interested in observing your rights, he may well be mistaken or be, in principle, an unclean person, you do not know anything about him. Therefore, you do not have to completely trust him. If he wants to demonstrate his friendliness to you, then let him respect your rights and, for your safety, perform all actions openly, making no secret the name of the drug that is going to be administered to you.

Upon admission to the hospital, you may be asked to sign a paper in which you agree in advance to any medical measures, research, operations, etc., which may occur to the medical staff serving you. But this practice does not meet legal requirements, since any patient must be explained the reasons for the appointment of a therapeutic measure, as well as its consequences. Only on the basis of these data, the woman in labor or her confidant can make a decision.

It is very important to understand that our health and the health of our children are primarily in our hands, and the future depends on the degree of parents' preparation for the birth of a child.

"On immunization of infectious diseases"

Adopted by the State Duma on July 17, 1998
Approved by the Federation Council on September 4, 1998

This Federal Law establishes the legal foundations of state policy in the field of immunization of infectious diseases, carried out in order to protect health and ensure the sanitary and epidemiological well-being of the population of the Russian Federation.

Chapter I. General Provisions

Article 1. Basic concepts

For the purposes of this Federal Law, the following basic concepts are used:

• immunization of infectious diseases (hereinafter -immunoprophylaxis ) - a system of measures carried out in order to prevent, limit the spread and eliminate infectious diseases through preventive vaccinations;
• preventive vaccinations - introduction of medical immunobiological preparations into the human body to create specific immunity to infectious diseases;
• medical immunobiological drugs - vaccines, toxoids, immunoglobulins and other drugs designed to create specific immunity to infectious diseases;
• national immunization schedule - a normative legal act establishing the terms and procedure for carrying out preventive vaccinations to citizens;
• post-vaccination complications caused by preventive vaccinations included in the national calendar of preventive vaccinations, and preventive vaccinations for epidemic indications (hereinafter -post-vaccination complications ), - severe and (or) persistent health disorders due to preventive vaccinations;
• vaccination certificate - a document in which prophylactic vaccinations of a citizen are registered.

Article 2. Legislation of the Russian Federation in the field of immunization

• The legislation of the Russian Federation in the field of immunization consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
• If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.

Article 3. Scope of this Federal Law

1. This Federal Law applies to citizens and legal entities.
2. Foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation shall enjoy the rights and bear the obligations that are established by this Federal Law.

Article 4. State policy in the field of immunization

1. State policy in the field of immunization is aimed at preventing, limiting the spread and elimination of infectious diseases.
2. In the field of immunization, the state guarantees:

• availability of preventive vaccinations for citizens;
• free prophylactic vaccinations included in the national calendar of prophylactic vaccinations, and prophylactic vaccinations for epidemic indications in organizations of state and municipal health systems;
• social protection of citizens in the event of post-vaccination complications;
• development and implementation of federal target programs and regional programs;
• use of effective medical immunobiological preparations for the implementation of immunoprophylaxis;
• state control of the quality, efficiency and safety of medical immunobiological preparations;
• support for scientific research in the development of new medical immunobiological drugs;
• ensuring the modern level of production of medical immunobiological preparations;
• state support for domestic manufacturers of medical immunobiological preparations;
• inclusion of immunization issues in the state educational standards for training medical workers;
• improvement of the statistical observation system;
• ensuring a unified state information policy;
• development of international cooperation.

3. Implementation of the state policy in the field of immunization is ensured by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation.

Article 5. Rights and obligations of citizens in the implementation of immunization

1. Citizens in the implementation of immunization have the right to:

• obtaining from medical workers complete and objective information about the need for preventive vaccinations, the consequences of refusing them, possible post-vaccination complications;
• choice of state, municipal or private healthcare organizations or citizens engaged in private medical practice;
• free preventive vaccinations included in the national calendar of preventive vaccinations, and preventive vaccinations for epidemic indications in state and municipal health organizations;
• free medical examination, and, if necessary, medical examination before prophylactic vaccinations in state and municipal health organizations;
• free treatment in state and municipal health organizations in the event of post-vaccination complications;
• social protection in the event of post-vaccination complications;
• refusal of preventive vaccinations.

2. Lack of preventive vaccinations entails:

• a ban for citizens to travel to countries in which, in accordance with international medical and sanitary rules or international treaties of the Russian Federation, specific preventive vaccinations are required;
• temporary refusal to admit citizens to educational and health-improving institutions in the event of mass infectious diseases or the threat of epidemics;
• refusal to admit citizens to work or suspension of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.

The list of works, the performance of which is associated with a high risk of contracting infectious diseases and requires mandatory preventive vaccinations, is established by the Government of the Russian Federation.

3. When carrying out immunoprophylaxis, citizens are obliged:

• follow the instructions of medical professionals;
• to confirm in writing the refusal of preventive vaccinations.

Chapter III. Funding for immunization

Article 6. Financing of immunization

Funding for immunization is carried out at the expense of the federal budget, funds from the budgets of the constituent entities of the Russian Federation, funds of compulsory medical insurance funds and other sources of funding in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 7. Supply of medical immunobiological preparations

1. The supplies of medical immunobiological preparations for prophylactic vaccinations included in the national calendar of prophylactic vaccinations are carried out at the expense of the federal budget in accordance with the Federal Law "On the supply of products for federal state needs" and the budgetary legislation of the Russian Federation.
2. Supplies of medical immunobiological preparations for preventive vaccinations for epidemic indications are carried out at the expense of the budgets of the constituent entities of the Russian Federation and extra-budgetary funding sources raised for these purposes in accordance with the Federal Law "On the supply of products for federal state needs" and the legislation of the constituent entities of the Russian Federation.

Chapter IV. Organizational framework for activities in the field of immunization

Article 8. Organizational bases of activities in the field of immunization

1. Implementation of immunoprophylaxis shall be ensured by the federal executive body in the field of health care, executive bodies in the field of health care of the constituent entities of the Russian Federation, bodies and institutions of the state sanitary and epidemiological service.
2. The implementation of immunoprophylaxis in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is provided for by the legislation of the Russian Federation, shall be ensured by military medical institutions.

Article 9. National calendar of preventive vaccinations

1. The national calendar of preventive vaccinations includes preventive vaccinations against hepatitis B, diphtheria, whooping cough, measles, rubella, poliomyelitis, tetanus, tuberculosis, mumps.
These prophylactic vaccinations are carried out to all citizens of the Russian Federation within the terms established by the national calendar of preventive vaccinations.
2. The national calendar of preventive vaccinations is approved by the federal executive body in the field of health care.

Article 10. Preventive vaccinations for epidemic indications

1. Prophylactic vaccinations for epidemic indications are carried out to citizens when there is a threat of infectious diseases, the list of which is established by the federal executive body in the field of health care.
2. Decisions on preventive vaccinations for epidemic indications are made by the chief state sanitary doctor of the Russian Federation, chief state sanitary doctors of the constituent entities of the Russian Federation.
3. The timing and procedure for conducting preventive vaccinations for epidemic indications shall be established by the federal executive body in the field of health care.
See Calendar of preventive vaccinations against infectious diseases, which are necessary in endemic or enzootic territories and for epidemic indications, approved by order of the Ministry of Health of the Russian Federation of December 18, 1997 N 375

Article 11. Requirements for prophylactic vaccinations

1. Prophylactic vaccinations are carried out to citizens in state, municipal or private health organizations, or by citizens engaged in private medical practice, subject to licenses for the relevant activities in the field of immunization.
2. Preventive vaccinations are carried out with the consent of citizens, parents or other legal representatives of minors and citizens recognized as incapacitated in the manner prescribed by the legislation of the Russian Federation.
3. Preventive vaccinations are carried out for citizens who have no medical contraindications.
The list of medical contraindications for prophylactic vaccinations is approved by the federal executive body in the field of health care.
4. Preventive vaccinations are carried out in accordance with the requirements of sanitary rules and in the manner established by the federal executive body in the field of health care.

Article 12. Requirements for medical immunobiological preparations

1. For immunoprophylaxis, domestic and foreign medical immunobiological preparations registered in accordance with the legislation of the Russian Federation are used.
2. Medical immunobiological preparations used for immunoprophylaxis are subject to mandatory certification.
3. Dispensing of medical immunobiological preparations used for immunoprophylaxis to citizens is carried out by prescriptions of doctors by pharmacy organizations and health care organizations in the manner established by the federal executive body in the field of health care.

Article 13. Storage and transportation of medical immunobiological preparations

1. Storage and transportation of medical immunobiological preparations is carried out in accordance with the requirements of sanitary rules.
2. Control over the storage and transportation of medical immunobiological preparations is carried out by the bodies and institutions of the state sanitary and epidemiological service.

Article 14. State control of medical immunobiological preparations

State control of the quality, efficacy and safety of medical immunobiological drugs used for immunoprophylaxis is carried out by a federal body authorized by the Government of the Russian Federation to control medical immunobiological drugs.

Article 15. Provision of medical immunobiological preparations

Provision of state and municipal healthcare organizations with medical immunobiological preparations for preventive vaccinations included in the national calendar of preventive vaccinations, and preventive vaccinations for epidemic indications shall be carried out by the federal executive body in the field of healthcare and the executive authorities in the field of healthcare of the constituent entities of the Russian Federation.

Article 16. Features of licensing of activities in the field of immunization

1. Licensing of activities in the field of immunization is regulated by the legislation of the Russian Federation on licensing.
2. The list of additional conditions for the implementation of these types of activities is determined by the regulations on licensing specific types of activities, approved by the Government of the Russian Federation.

Article 17. State statistical observation in the field of immunization

1. Information about preventive vaccinations, post-vaccination complications, cases of refusal of preventive vaccinations are subject to state statistics.
2. Information about preventive vaccinations, post-vaccination complications, cases of refusal of preventive vaccinations are subject to registration in medical documents and certificates of preventive vaccinations.
The procedure for registration of preventive vaccinations, post-vaccination complications, registration of refusal of preventive vaccinations, as well as the forms of medical documents and a certificate of preventive vaccinations are established by the federal executive body in the field of health care.

Chapter V. Social protection of citizens upon occurrence post-vaccination complications

Article 18. The right of citizens to social protection in the event of post-vaccination complications
1. In the event of post-vaccination complications, citizens have the right to receive state lump-sum benefits, monthly monetary compensation, benefits for temporary disability.
2. Payments of state lump-sum benefits and monthly monetary compensations are made at the expense of the federal budget by the social protection authorities in the manner established by the Government of the Russian Federation.
Temporary disability benefits are paid from state social insurance funds.
Article 19. State lump-sum benefits
1. In the event of a post-vaccination complication, a citizen has the right to receive a state lump-sum benefit in the amount of 100 minimum wages established by the legislation of the Russian Federation on the day the said benefit is paid.
The list of post-vaccination complications that give citizens the right to receive state lump-sum benefits is approved by the Government of the Russian Federation on the proposal of the federal executive body in the field of health care.
2. In the event of the death of a citizen due to a post-vaccination complication, members of his family have the right to receive a one-time state allowance in the amount of 300 minimum wages established by the legislation of the Russian Federation on the day the said allowance is paid. The circle of family members eligible for this benefit is determined in accordance with Articles 50 and 51 of the Law of the Russian Federation "On State Pensions in the Russian Federation".
Article 20. Monthly monetary compensation
A citizen recognized as a disabled person due to a post-vaccination complication has the right to receive monthly monetary compensation in the amount of 10 times the minimum wage established by the legislation of the Russian Federation on the day the said compensation is paid.

Article 21. Benefits for temporary incapacity for work
A citizen whose temporary disability is associated with a post-vaccination complication is entitled to receive a temporary disability benefit in the amount of 100 percent of the average earnings, regardless of continuous work experience.
One of the parents or other legal representative of a minor has the right to receive benefits for temporary disability for the entire period of illness of a minor associated with a post-vaccination complication in the amount of 100 percent of the average earnings, regardless of continuous work experience.

Chapter VI. Final provisions

Article 22. Responsibility for violation of this Federal Law
Violation of this Federal Law entails liability in accordance with the legislation of the Russian Federation.
Article 23. Entry into force of this Federal Law
1. This Federal Law shall enter into force on the day of its official publication.
2. The President of the Russian Federation and the Government of the Russian Federation shall bring their normative legal acts in line with this Federal Law within three months from the date of its entry into force.

UN Convention on the Rights of the Child as an Instrument for the Protection of the Family Rights of the Child in Russia

Nineteen years have passed since the adoption of the Convention on the Rights of the Child in 1989. Nevertheless, interest in this document throughout the world does not fade away. Information about the Convention and its control mechanism is acquiring particular relevance for Russia in connection with the approach of the 40th session of the UN Committee on the Rights of the Child, which is scheduled to consider the Third Periodic Report of the Russian Federation on the implementation of the Convention. In light of this, information on the Convention and the mechanism for its implementation is of both theoretical and practical interest.

The convention is the fruit of ten years of work by many experts. The first draft of the Convention was submitted to the UN Commission on Human Rights in 1978. Only representatives of states and intergovernmental organizations of the UN structure, but also scientists, as well as non-governmental organizations took part in the development of the document.

Even then, the need to give the rights of children the strength of the norms of treaty law became obvious. But only ten years later, on November 20, 1989, the United Nations General Assembly unanimously approved Resolution 44/25, thereby adopting the Convention on the Rights of the Child. On the day the Convention was opened for signature, January 26, 1990, 61 countries signed it, which was a kind of record.

This rapid ratification can be interpreted in two ways. It is generally accepted that such a significant number of parties to the Convention and its rapid ratification indicate that no matter how many states argue over human rights issues, no matter how different their views on the theory and practice of human rights and freedoms, they all ultimately recognize the right of children for special protection and care.

A negative point of view on the speed of ratification by states of this international treaty is that states may have become parties to the Convention simply in order not to lose their image in the eyes of the international community, not to demonstrate indifference to the situation of children. In addition, it is believed that states could sign the Convention so easily because they saw in it numerous loopholes for possible non-fulfillment of their obligations in the economic, social and cultural spheres.

The Convention is currently the most widely recognized international human rights instrument. Its jurisdiction is universal in the truest sense of the word. As of January 30, 2004, the closing date of the thirty-fifth session of the Committee on the Rights of the Child, there were 192 States parties to the Convention.

The Convention enshrines various rights of the child - civil, political, economic, social and cultural, which have never been united in a single document before. It reflects a compromise between various legal and philosophical approaches, international and national political interests. Its provisions take into account the diversity of cultures, traditions, religions, levels of economic development of different countries. All this, as well as the existence of a mechanism for monitoring compliance with the provisions of the Convention, makes this document a unique instrument for protecting the rights of the child.

In the Convention, the child is for the first time considered as a person who has rights, which the states that have ratified the Convention are obliged to "respect and guarantee" (Article 1 of the Convention). Thus, there is a direct indication that the child is a particularly vulnerable member of society and therefore requires and deserves special protection. It is important to note here that the Convention provides for the special protection of the child, not as a member of a family or any other social group. In all that concerns rights, the child is considered as an independent person and his relation to any other person or group does not matter.

The Convention not only identifies the child as a person with specific rights, but also makes it possible for the child to protect their rights through national judicial or administrative procedures (Article 12). It is the introduction of the principle of turning a child from a passive object of "protection" into an active subject that is one of the most significant contributions made by the Convention to international human rights law.

When developing the Convention, the guiding principle of the UN Declaration "On the Rights of the Child" (1959) - the best interests of the child - was taken as a basis. The fact that it is through this principle that all the rights of the child are revealed is the recognition of the possibility of a conflict between some of the rights of the child and the rights and obligations of parents / guardians and even the state. By virtue of this, the Convention not only affirms the priority of the interests of children, but also considers as a principle the observance of the rights and interests of all children without any exceptions or any discrimination. At the same time, it is important not to forget that the principle of non-discrimination does not at all require that children be treated exactly the same in all cases. So, according to Art. 5, 12, of the Convention, the realization of a number of the rights of the child depends on his age, maturity and the degree of his development; and according to Art. 20, 23, special needs are recognized by the Convention for disabled people and children permanently or temporarily deprived of their families.

The basic principles of the Convention also include the principle of relativity of obligations and rights under the Convention. While the main strength of the Convention lies in the fact that states are obliged to respect and ensure the rights of every child within their jurisdiction (Article 2 of the Convention), their obligations are limited by the real possibilities of their implementation. So, for example, fulfilling its obligation under Art. 3 to provide the protection and care necessary for the well-being of the child, states should also take into account the rights and responsibilities of the child's parent / guardian, or other persons legally responsible for the child.

The Russian Federation ratified the Convention on the Rights of the Child on August 16, 1990.

Additionally, on February 15, 2001, Russia signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, reaffirming its obligations in this area to protect the rights of the child.

Over the nearly 15 years that have passed since Russia ratified the Convention, legislators have made significant efforts to bring Russian legislation, directly or indirectly related to the rights of the child and their protection, in line with the Convention. In development of the provisions of the Constitution of the Russian Federation on the protection of motherhood, childhood and the family by the state (Article 38), civil, criminal, administrative and other branches of legislation contain norms on the protection of the rights of the child. The Law of July 24, 1998 No. 124-FZ "On Basic Guarantees of the Rights of the Child in the Russian Federation" actually duplicates all the provisions of the UN Convention on the Rights of the Child.

An analysis of the current family legislation in Russia allows us to conclude that it was brought into line with the international obligations of Russia as much as possible, in such a short period of time. Implementing one of the main principles and priorities of Russian family legislation - legislative provision of the rights of the child, the Family Code of the Russian Federation of 1995 assigns a whole chapter to the rights of minors (Chapter 11 of the IC RF). Almost all the norms on the protection of the child's family rights enshrined in it, in one way or another, reflect the requirements of the Convention. The only exception is the child's right to family reunification provided for by the Convention. This right is not provided for in the Family Code of the Russian Federation. And this despite the fact that in recent years this issue has become more and more urgent. Moreover, despite several amendments to the Law of August 15, 1996 No. 114 - FZ "On the procedure for leaving the Russian Federation and entering the Russian Federation", the provision on additional protection of migrant children was not enshrined in it.

Although the Family Code of the Russian Federation does not contain a provision on the protection of migrant children, it can be concluded that, in general, Russian family legislation enshrines all family rights guaranteed to a child by the Convention. However, there is an acute issue of the child's ability to exercise these rights.

The most illustrative example of the lack of security for the family rights of children enshrined in legislation is the problem of homelessness, which has become topical in Russia in recent years. According to various estimates, there are currently from 700 thousand to 3 million street children in Russia, moreover, most of these children are social orphans. The vulnerability of children to violence in families and childcare facilities, as well as other violations of their rights, lead to the fact that every year hundreds of children end up on the streets.

The catastrophic situation in this area remains despite the fact that more than two years have passed since the start of the state campaign to combat homelessness. Hopes for the Federal Law "On the Foundations of the System of Prevention of Neglect and Juvenile Delinquency", adopted in 1999 to combat child homelessness and neglect, did not come true. The amendments and additions adopted to it in 2003 did not bring the desired improvements. According to this law, the control and coordination of the bodies of the system of prevention of homelessness and neglect of children is carried out by the commissions for the affairs of minors and the protection of their rights. However, they are ineffective. Moreover, in a number of regions, attempts were made to eliminate them. For example, in 23 cities and regions of the Republic of Dagestan last year, commissions did not function, although here every third teenager who was registered did not work or study.

In Moscow alone, for the implementation of the program to combat homelessness, about 270 million rubles were received from the city budget, and another 150 million rubles. was allocated from the federal budget.

Despite the large funds already allocated for the fight against homelessness, the situation in this area is not improving. The head of the children's assistance service, A. Mayakov, said that after the start of the campaign, the main task for the police was to remove the neglected children from their "territory" by any means. For example, the Kursk railway station is served by two police departments, each of which seeks to "shove" the child onto the "neighbors".

In this situation, the child has practically no place to wait for help. He cannot defend himself on his own due to the lack of legislative prerequisites for this.

The question of why, with all the efforts and funds spent on improving the situation of children, the number of street children does not decrease remains open. Meanwhile, the current situation with the rights of the child in Russia will be the subject of consideration by the UN Committee on the Rights of the Child in September 2005.

What are “all necessary measures” that the state is supposedly obliged to take to realize children's rights and protect them? How and by whom are these measures determined? It is noted that the use of such evasive terms in the Convention can lead to at least two negative consequences. On the one hand, a state that really strives to comply with the standards of the Convention may face a lack of sufficiently clear and clear comments, on the other hand, states trying to justify non-compliance with a particular rule may turn the ambiguity of the term in their favor by interpreting a particular provision of the Convention as appropriate. way.

The inevitability of "ambiguity" in the terminology of international treaties, in particular the UN Convention on the Rights of the Child, can be explained by the ambiguity of the obligations of the state - after all, it is responsible not only for the observance and protection of the rights and interests of the child, but also for the observance of the rights and interests of parents. It is impossible to resolve this issue at the international level, and that is why the state is given the opportunity to seek the optimal balance in this regard.

In order to avoid the negative consequences of an overly broad interpretation of the Convention and to exercise control over states, within the framework of Art. 44, 45 of the Convention, a reporting system was established, provided by the UN Committee on the Rights of the Child, whose members are experts with experience in the field of children's rights.

The reporting system provides for the submission by States of periodic reports with information on what effective measures they have taken to ensure the rights of the child guaranteed by the Convention, what progress has been made, and what factors and problems that have hampered the fulfillment of their obligations. States submit their first report on the observance of the rights of the child two years after the ratification of the Convention. Subsequently, reports are submitted every five years. This procedure is, in fact, international control over the fulfillment by states of their obligations. It is obvious that the responsibility for the implementation of the provisions of the Convention lies directly with the states and the fact that they have signed this document is an unconditional expression of their good will. Accordingly, this procedure should be considered not only as a mechanism for monitoring the implementation and observance of the Convention, but also as a tool to support the state in protecting the rights of the child. After examining the reports of states, the Committee not only identifies specific problems in this area, but also, through dialogue with the state, finds possible solutions for them, thus contributing to the improvement of the system of protecting the rights of the child at the national level.
To facilitate and clarify the task of States in the preparation of reports, the Committee has developed special "Instructions for the submission of a report".

The outline of such a report includes the following chapters:

1. General measures taken to fulfill the obligations: a description of the measures taken to bring national legislation in line with the provisions of the Convention, as well as to familiarize the population with the content of the Convention;

2. Definition of the child: indication of the age of majority, criminal responsibility, etc .;

3. General principles: the state is obliged to provide information on the implementation of obligations under Articles 2, 3, 6 and 12 of the Convention;

4. Civil rights and freedoms: the state is obliged to provide information on the implementation of obligations under Articles 7, 8, 13, 14, 15, 16, 17 and 37 of the Convention;

5. Family and alternative care: the state is obliged to provide information on the implementation of obligations under Articles 5.18 (1.2), 9, 10, 27 (4), 20, 21, 19, 11, 39, 25;

6. General health and well-being: the state is obliged to provide information on the implementation of obligations under Articles 6 (2). 23.24, 26, 18 (3), 27 (1.3);

7. Education, leisure, cultural events: the state is obliged to provide information on the implementation of obligations under Articles 28, 29, 31, as well as measures taken by the state to develop cooperation (in the field of implementation and protection of the rights of the child) with relevant government and non-governmental organizations;

8. Special protection measures: the state is obliged to provide information on the implementation of obligations to protect children in emergencies (refugee children and children in armed conflict), children in conflict with the law, children subjected to exploitation, children belonging to minorities and indigenous peoples.

In accordance with this plan, states prepare their reports. Non-governmental organizations wishing to submit additional / alternative information to the UN Committee on the Rights of the Child are also guided by it.

State reports are discussed at open meetings of the Committee in the presence of government representatives, members of the Committee and representatives of relevant UN bodies and agencies. Representatives of NGOs, journalists and other interested persons may also attend these meetings.

It should be noted that the functions of the Committee are not limited to monitoring states. At its meetings, the Committee examines and interprets the provisions of the Convention in relation to the current situation. Thus, any state wishing to obtain clarification on a specific provision of the Convention can obtain this information from the Committee, as well as from other special UN bodies (Article 45) authorized to take part in the consideration of the states' reports.

Assessing the effectiveness of the existing reporting mechanism, it should be noted that it could bring bOit would be most beneficial for the states themselves if they were to take full responsibility for their obligations in this regard. Unfortunately, it is noted that only 42% of the states obliged to submit their first report fulfilled this obligation on time.

Another problem is that many states submit superficial reports that do not cover the status of all the rights enshrined in the Convention and do not comply with the Committee's instructions for drafting the report.

One of the key obstacles to the work of the Committee is the sheer number of States parties. The functions of the Committee include overseeing the activities of all 192 states to observe a greater number of rights than enshrined in any other international treaty. In addition, as noted, the Committee should also provide technical and advisory support to States facing specific obstacles to meeting their obligations. Thus, the Committee bears a huge burden and from a practical point of view it is impossible to expect from it to conduct a detailed monitoring of the implementation of the provisions of the Convention in each country.

In order to resolve this situation, in accordance with the amendment to paragraph 3 of Article 43 of the Convention, which entered into force on 18 November 2002, the membership of the Committee will be increased from 10 to 18 members (General Assembly resolution 50/155). Beginning in January 2005, the Committee will consider the reports of States parties in parallel in two chambers. Thanks to this, the number of reports considered per year will increase from 27 to 48.

Russia submitted its First Report on the Implementation of the UN Convention on the Rights of the Child on October 16, 1992. The second report was submitted on January 12, 1998 with a four-month delay, which, however, is the usual practice of States. The third and the last report Russia presented to the Committee on August 18, 2003 ... Its consideration is expected in September 2005.

Having examined the First Periodic Report, the Committee on 28 January 1993. adopted "Concluding Observations", in which, in particular:
- recommended that “the State party undertake a comprehensive judicial reform with regard to the administration of juvenile justice”;

Expressed concern about the “practice of sending children deprived of a family environment to residential institutions” and recommended “to actively develop alternative forms of care that replace care in residential institutions”;

Expressed concern about "cases of abuse and abuse of children, both inside and outside the family", and suggested "to develop procedures and mechanisms to deal with complaints of children about abuse and abuse."

It was assumed that the Russian Federation would undertake efforts to rectify the existing situation with the rights of children, with the greatest attention being directed precisely to the problems noted by the Committee. However, in 1999 the UN Committee on the Rights of the Child was forced to repeat all the above recommendations and expressions of concern. in the "Concluding observations" of the Committee on the second periodic report of Russia.

In addition to general comments, the Committee expressed its concerns on a number of specific issues.

Thus, while noting the obvious progress in the economic development of Russia, the Committee was concerned that the protracted financial crisis in the Russian Federation had a negative impact on the development of children, led to a deterioration in their living conditions, and also affected the implementation of social investment programs, which ultimately testifies about the absence of real economic guarantees for the protection of children's rights. In this regard, the Committee recommended, in the light of Articles 2, 3, 4 of the UN Convention on the Rights of the Child, to take all necessary measures to maximize the use of all available resources in order to guarantee the necessary budgetary allocations for health, education and other needs of children, in characteristics of children belonging to vulnerable social groups.

The Committee was concerned by reports it received about the continued practice of some local authorities denying parents and their children access to medical, educational and other social services due to their lack of registration at their place of residence, despite the fact that the law prohibits such restrictions.

The Committee noted that this practice is especially harmful for internally displaced persons / migrants and refugees, as well as street children. However, despite numerous complaints from citizens and organizations about the actions of local authorities to federal authorities, the state does not take effective measures to remedy the current situation. This state of affairs in relation to refugees, displaced persons and their children was considered by the Committee as a defect in the policy of the Russian state. In this regard, the Committee called on Russia to ensure adequate, legally prescribed protection for refugee children, including their access to medical, educational and other social services. The Committee also recommends that the procedures, policies and practices regarding eligibility for refugee status be reviewed, especially with regard to children who have arrived without relatives.

The Committee's attention was drawn to the policy of the Russian Federation in relation to the implementation and protection of the family rights of children in general. In particular, he noted his concern about the process of decentralization of responsibility and functions for the protection of children's rights in the absence of sufficient guarantees to avoid differences in the situation of children and protect their rights in different regions of the country.

The Committee recommended that Russia initiate a comprehensive study of the problems of physical and psychological violence in the family, with the aim of further developing appropriate policies and necessary programs. In addition, the Committee expressed grave concern at the extremely high number of children in institutions and the conditions in which children are held in these institutions. The Committee also noted that the existing child welfare system does not guarantee a periodic review of the placement of children in institutions (Article 25 of the Convention), and that its respective recommendations of 1993 in this regard have not been implemented.

Based on the above, the Committee recommended that Russia formulate a national policy aimed at deinstitutionalization; wider use of forms of charity for children left without parental care, alternative to placing children in institutions; find ways to improve the efficiency of social services.

The opinion of the UN Committee on the Rights of the Child regarding the extent to which these and other recommendations were taken into account by the Russian authorities will become known as early as next year. However, some conclusions can be drawn already now.

Analysis of the Third Periodic Report of Russia allows us to conclude that it mainly contains information on changes in the legislative regulation of the rights of the child, on presidential programs, as well as some statistical data. The report is replete with references to the previous periodic report, which suggests that the situation with the implementation and protection of the rights of the child in Russia has not changed significantly over the past five years. Despite the fact that state initiatives aimed at improving the situation in the field of children's rights are described in great detail, there is absolutely no description of the results to which these initiatives led. In general, it seems that the state bodies involved in writing this report did not pursue the goal of providing truthful and comprehensive information about the situation in the country, but sought by any means to avoid receiving negative recommendations from the Committee. It would not be an exaggeration to say that such an approach of state bodies to the fulfillment of international obligations in the field of children's rights makes Russia's participation in this treaty senseless.

The fundamental question of the possibility of realizing the goal of the Convention - to achieve well-being for all children around the world, was raised both during the development of the Convention and years after its entry into force. It is now obvious that the realization of this goal is possible only with the interaction of all bodies of the United Nations system (including non-conventional ones, such as the World Health Organization, the United Nations Educational, Scientific and Cultural Organization, the International Labor Organization, the United Nations Children's Fund ( UNICEF) and others) and the states themselves. The Convention contains significant potential in terms of influencing the internal life of its members: for some countries it consists in the ability to consider, in accordance with their national constitutions, international treaties as part of national legislation, to directly apply the Convention in courts, for others, assistance is more important. provided by international organizations to the state. However, the key here is the desire and degree of cooperation of states with the Committee on the Rights of the Child, other international organizations and NGOs.

We must not forget that the well-being of children, the observance and protection of their rights, depends not only on the actions of the state as such, but also on the "non-state sector": the media, private enterprises, human rights organizations. Moreover, without the support of ordinary people - each person individually - the Convention will not achieve its goals. Since the ratification of the Convention, the governments of the participating countries, including Russia, may be subjected to internal pressure from both individuals and non-governmental organizations, which have the right to justify their actions on the obligations assumed by the state under the Convention. Such actions may include monitoring the state's compliance with the rights guaranteed by the Convention, bringing to the attention of the general public information on violations found, as well as requirements for the allocation of funds from the state budget to support programs to ensure the rights and interests of children. At the same time, despite the vigorous activity of Russian non-governmental organizations and the demands of the Committee on the Rights of the Child, hundreds and thousands of citizens in Russia who are not interested in protecting the rights of the child in any capacity - scientists, civil servants, teachers, educators, etc. and political change will be impossible.

Each woman can choose any type of delivery service that she prefers (any position is possible: standing, kneeling, squatting, in the clinic or at home).

Informal systems of prenatal, delivery and postnatal care (where they already exist) should function alongside the formal system. Cooperation with them should be supported in every possible way in the interests of the mother and child. Such relationships, established in the absence of superiority of one system over another, can be highly effective.

Information on the methods practiced in the hospital (maternity hospital) chosen by the woman and its statistics should be known to the population served by these hospitals (the incidence of caesarean section, mortality per 1000 births, the incidence of newborns with staphylococci, streptococci, etc.).

The psychological well-being of the young mother must be ensured not only through the free access of relatives of her choice during childbirth, but also through free visits after childbirth.

A healthy newborn should stay with the mother. Not a single process of monitoring the health of a newborn justifies separation from its mother! Communication between mother and child should not be hindered, the duration of which should be determined by the mother's desire. Mother and baby should be encouraged to share the same room.

Breastfeeding should begin no later than 30 minutes after delivery.

Caesarean section is used on average in no more than 10 percent of cases.

Electronic monitoring of the fetus during childbirth does not always adequately affect the process of childbirth. Control observation of the fetus using a computer should be carried out in carefully selected cases and during provoked (stimulated) labor.

There is no indication that pubic hair should be shaved or an enema given before childbirth.

Women need to be able to walk during contractions. Each woman should freely decide what position to take during childbirth.

Provoking contractions should be practiced no more than 10% of the time.

During labor, pain relievers and anesthetics should be avoided unless medically indicated.

Attention should be paid to the emotional, psychological and social aspects of childbirth care:

The choice of the place of birth and the specific candidacy of the obstetrician taking care of the birth (for paid births) are important;

It is necessary to preserve physical integrity and keep the mother and child in a separate ward;

It is necessary to consider the birth of a child as a purely personal family event;

It is important to provide warmth, proper living conditions and food in the 1st month after the birth of the baby only with breast milk: artificial feeding is permissible only in 10% of cases;

Follow-up care is needed after the baby is born;

Paid leave should also be granted to fathers so that they have the opportunity to communicate with the child and provide assistance to the mother;

In any country or region, the customs associated with the birth of a child should be respected and supported, as long as they do not pose a threat to his health. The placenta, the umbilical cord are the property of the child;

The care provided at home for all mothers and children should be equivalent to that provided for healthy women and children in hospital;

All parents and newborns have the right to direct communication from the moment of birth. Joint communication between mother and child should not be impeded, the duration of which should be determined by the mother's desire;

A woman's medical record or a copy of it can be kept at home; it must contain data on the course of pregnancy and childbirth. The confidential nature of the information contained in these documents must be respected;

All women and newborns should be tested for immunity by laboratory methods in accordance with the recommendations adopted in their countries, regardless of whether they are at home or in the hospital.

The time of discharge from the hospital should be determined depending on the condition of the mother and child, the wishes of the parents and support at home. In particular, the policy of discharge from hospital should not be determined solely by the criteria of the child's body weight, but should be focused on the earliest possible discharge.

Parents have the right to be actively involved early in the care of their child. Public health authorities should strive to integrate maternal and child health into the curricula of universities, medical schools and public health courses. Conduct explanatory and educational work in order to prepare young people - parents and health workers - to accountability associated with the birth of children, caring for them, through lectures, thematic programs on television and radio, as well as publications in newspapers and other media.

WORLD DECLARATION

on ensuring the survival, protection and development of children

The World Summit for Children was held at the United Nations, New York, September 30, 1990

1. We are meeting at the World Summit for Children to make a joint commitment and urgently make a universal call for a better future for every child.

2. The children of the world are innocent, vulnerable and dependent. They are also curious, energetic and hopeful. Their time should be a time of joy and peace, play, study and growth. Their future must be based on harmony and cooperation. Their lives should become more fulfilling as their perspectives expand and they gain experience.

3. However, for many children, the reality of childhood is completely different.

Problem

4. Every day, many children around the world are exposed to hazards that impede their growth and development. They suffer incalculable suffering as victims of war and violence; racial discrimination, apartheid, aggression, foreign occupation and annexation; as refugees and displaced children displaced from their homes and families; being disabled; or victims of negligence, abuse and exploitation.

5. Every day millions of children suffer from the scourge of poverty and economic crisis - from hunger and homelessness, from epidemics and illiteracy, from environmental degradation. They suffer from the dire consequences of external debt problems, as well as from the consequences of a lack of sustained and sustained growth in many developing countries, in particular the least developed ones.

6. Every day 40,000 children die from malnutrition and disease, including acquired immunodeficiency syndrome (AIDS), lack of clean water and poor sanitation, and the consequences of drug addiction.

7. These are the problems that we, as political leaders, must solve.

Possibilities

8. Together, our countries have the tools and knowledge to protect the lives and significantly alleviate the suffering of children, to promote the full development of their human potential and to make them aware of their own needs, rights and opportunities. The Convention on the Rights of the Child offers a new opportunity for true universal respect for the rights and well-being of children.

9. Recent improvements in the international political climate may facilitate this task. Through international cooperation and solidarity, it is now clear that concrete results can be achieved in many areas - to restore economic growth and development, to protect the environment, to halt the spread of fatal and disabling diseases, and to achieve greater social and economic justice. The current steps towards disarmament also mean that significant resources can be freed up to achieve non-military goals. Ensuring the well-being of children must be a top priority when these resources are reallocated.

Tasks

10. Improving the health and nutrition of children is a paramount responsibility and a challenge now possible. Every day the lives of tens of thousands of boys and girls can be saved because the causes of their death are completely removable. Child and infant mortality is unacceptably high in many parts of the world, but can be significantly reduced using drugs that are already known and readily available.

11. Greater attention, care and support should be given to children with disabilities and other children in extremely difficult conditions.

12. Strengthening the role of women in general and ensuring equal rights for them will benefit the children of the world. From the outset, girls should be treated equally and given equal opportunities.

13. Currently, more than 100 million children are out of basic schooling, two thirds of them girls. The provision of basic education and literacy is an important contribution that could be made for the development of the world's children.

14. Half a million mothers die every year from childbirth causes. Safe motherhood should be ensured by all possible means. The focus should be on conscious planning of family size and birth spacing. The family, which is the basic unit and natural environment for the growth and well-being of children, should be provided with all possible protection and assistance.

15. All children should be given the opportunity to identify and fulfill their potential in a safe and supportive environment, with a family or caregiver that ensures their well-being. They must be prepared for a natural life in a free society. From an early age, they should be encouraged to participate in the cultural life of their countries.

16. Economic conditions will continue to have a major impact on the fate of children, especially in developing countries. For the future of all children, there is an urgent need to ensure or resume sustainable and sustained economic growth and development in all countries, and continue to pay close attention to an early, comprehensive and long-term solution to the external debt problems facing debtor developing countries.

17. These challenges require a sustained and concerted effort by all countries through national action and international cooperation.

Commitments

18. The well-being of children requires political action at the highest level. We are determined to take these measures.

19. We hereby solemnly commit ourselves to prioritizing children's rights, survival, protection and development. It will also ensure the well-being of all countries.

20. We agreed that we will act together in the framework of international cooperation, as well as at the level of individual countries. We hereby express our commitment to the following 10-point program, which aims to protect children's rights and improve their lives:

1) We will strive to promote, as soon as possible, the ratification and implementation of the Convention on the Rights of the Child. Programs around the world should be launched to provide information on children's rights, taking into account different cultural and social values ​​in different countries.

2) We will strive to take decisive action at the national and international levels to improve child health, provide antenatal care and reduce infant and child mortality in all countries and among all peoples. We will promote the provision of clean water for all children in all communities, as well as universal access to good sanitation.

3) We will strive to ensure optimal growth and development in childhood through measures aimed at eradicating hunger, malnutrition, thus freeing millions of children from tragic suffering in a world that has the means to feed all its inhabitants.

4) We will strive to strengthen the role and position of women. We will promote responsible family planning, spacing, breastfeeding and safe motherhood.

5) We will promote respect for the role of the family in providing for children and support the efforts of parents, other caregivers and communities to provide nutrition and treatment for children from the earliest stages of childhood to adolescence. We also recognize the special needs of children who are separated from their families.

6) We will strive to implement programs that reduce illiteracy rates and provide all children with educational opportunities regardless of their background and gender, prepare children for work and provide lifelong learning opportunities, for example through vocational training, and which will enable children to come of age with a sense of support and in a supportive cultural and social setting.

7) We will strive to alleviate the plight of millions of children who live in particularly difficult conditions, such as victims of apartheid or foreign occupation, orphans and street children, children of migrant workers and victims of natural and human-caused disasters, children - people with disabilities and children subjected to cruel treatment, living in unfavorable social conditions and exposed to exploitation. It is necessary to help refugee children so that they can take root in a new life. We will strive to provide special protection for working children and eliminate illegal child labor. We will do our best to ensure that children do not become victims of illegal drug use.

8) We will resolutely strive to protect children from the scourge of war and take action to prevent future armed conflict in order to ensure a peaceful and secure future for children everywhere. We will promote the importance of peace, understanding and dialogue in the education of children. The basic needs of children and their families must be guaranteed, even in times of war and in areas of violent action. In the interests of children, we call for periods of calm and the creation of dedicated security corridors where war and violence still persist.

9) We will strive at all levels to work together to protect the environment so that all children can live in a safer and more environmentally healthy future.

10) We will strive to launch a global offensive against poverty that will directly benefit the well-being of children. The vulnerability and special needs of children in developing countries, in particular least developed countries, deserve high priority. However, growth and development require the assistance of all states through national action and international cooperation. This requires the transfer of appropriate additional resources to developing countries, as well as fairer terms of trade, further trade liberalization and debt relief measures. It also provides for structural adjustment that fosters broad economic growth, in particular in developing countries, while ensuring the well-being of the most vulnerable sectors of the population, in particular children.

Next steps

21. The World Summit for Children has challenged us to take concrete action. We agreed to accept this challenge.

22. Among the partners we seek to find, we primarily appeal to the children themselves. We encourage them to participate in these efforts.

23. We also seek to find support from the United Nations system, as well as from other international and regional organizations, in the overall effort to ensure the well-being of children. We call for greater involvement of non-governmental organizations in national efforts and joint international action in this area.

24. We have decided to approve and implement the Action Plan, which is the basis for more concrete actions at the national and international levels. We urge all of our colleagues to endorse this plan. We stand ready to provide the means to implement these commitments, which are part of the priorities of our national plans.

25. We do this not only in the interests of the present generation, but also of all future generations. There can be no nobler task than securing a better future for every child.

PLAN
action to implement the World Declaration
on ensuring the survival, protection and development of children in the 90s *

I. Introduction
1. This action plan is intended to provide guidance to national governments, international organizations, bilateral aid agencies, non-governmental organizations (NGOs) and all other sectors of society in developing their own programs of action to ensure the implementation of the World Summit on children.

2. The needs and concerns of children are different in different countries and even in different communities. Individual countries and groups of countries, as well as international, regional, national and local organizations can use this action plan to develop their own programs according to their needs, capacities and mandates. However, the aspirations of parents, older adults and leaders at all levels around the world for the well-being of their children are very similar. The present action plan addresses these shared aspirations and contains a set of goals and targets for the advancement of children in the 1990s and strategies for achieving those goals, as well as a set of commitments for action and follow-up at various levels.

3. Progress towards the advancement of children should be a key goal of national development as a whole. Such progress must also form an integral part of the broader international development strategy for the fourth United Nations development decade. Since today's children are the citizens of tomorrow's world, their survival, protection and development are sine qua non for the development of humankind in the future. Providing the younger generation with knowledge and resources to meet their basic human needs and to fully realize their potential should be the primary goal of national development. Since the individual development of children and their contribution to the development of society determines the future of the world, investments in the health, nutrition and education of children are at the core of national development.

4. The international community's commitment to the welfare of children is best reflected in the Convention on the Rights of the Child, unanimously adopted by the United Nations General Assembly in 1989. This Convention defines a number of universal legal norms regarding the protection of children from homelessness, abuse and exploitation, as well as norms guaranteeing them their fundamental human rights, including the right to life, development and full participation in social and cultural life, receiving a full education and access to other areas of life necessary for their individual development and increasing their well-being. The World Summit Declaration calls on all governments to promote the early ratification and implementation of this Convention.

5. Over the past two years, a number of goals for the advancement of children and development in the 1990s have been developed in several international forums in which virtually all Governments, relevant United Nations agencies and major NGOs have participated. In support of these goals and in view of the growing international consensus in favor of a greater emphasis on the human dimension of development in the 1990s, this action plan calls for coordinated national action and international cooperation to achieve the following core survival goals in all countries by the year 2000 , protection and development of children:

(a) A decrease in the under-five mortality rate from 1990 levels by one third or to 70 per 1000 live births, whichever is the greater;

(b) The reduction in the maternal mortality rate by half its 1990 level;

(c) Reducing severe and moderate malnutrition among children under five years of age by half compared with 1990 levels;

(d) Ensuring universal access to clean drinking water and sanitary means for excreta disposal;

(e) Ensuring universal access to basic education and completion of primary education for at least 80 per cent of children of primary school age;

(f) Reducing the adult illiteracy rate by at least half its 1990 level (age group should be identified for each country), with a focus on female literacy;

(g) Protection of children in particularly difficult conditions, especially in the event of armed conflict.

6. A more detailed list of sectoral goals and specific measures that would achieve the main goals listed above is contained in the addendum to this action plan. These goals, firstly, need to be adapted to the specific realities of each country in terms of breaking down into stages of actions to achieve them, setting priorities, taking into account the legal norms and based on the availability of resources. The strategies for achieving these goals may also differ from country to country. Some countries may wish to include other development goals that are extremely important and relevant in the context of a particular country. This adaptation of goals is essential to ensure that they are technically sound, feasible in terms of logistics, funding opportunities, and to ensure political will and broad public support for achieving them.

II. Specific measures for the survival, protection and development of children

7. In the context of these global goals, there are promising opportunities to eradicate or virtually eradicate age-old diseases that have affected tens of millions of children for centuries and to improve the quality of life of future generations. Achieving these goals will contribute to slowing down population growth, as a steady decline in the infant mortality rate to a level where parents are confident that their first child will survive will lead, over time, to further declines in fertility. To seize these opportunities, the World Summit for Children declaration calls for concrete action in the following areas:

Convention on the rights of the child

8. The Convention on the Rights of the Child, unanimously adopted by the United Nations General Assembly, contains a comprehensive set of international legal norms for the protection and welfare of children. The governments of all those countries that have not yet ratified this Convention are urged to promote its early ratification. All countries should make every possible effort to disseminate this Convention, and to those countries where it has already ratified, to facilitate its implementation and monitor the process.

Child health care

9. Preventable childhood illnesses - such as polio, tetanus, tuberculosis, whooping cough and diphtheria, against which effective vaccines have been developed, as well as diarrheal diseases, pneumonia and other acute respiratory infections that are preventable and effectively treatable with relatively inexpensive means - currently account for the overwhelming number of 14 million deaths of children under five years of age worldwide, as well as the fact that millions more children become disabled every year. Effective action can and should be taken to combat these diseases by strengthening the primary health care network and essential health services in all countries.

10. In addition to these easily preventable and treatable diseases and some other diseases such as malaria, which are more difficult to control, children are now facing a new threat from the acquired immunodeficiency syndrome (AIDS) pandemic. In countries most severely affected by the HIV / AIDS pandemic, the gains in programs to reduce child mortality are at risk. Already, it is contributing significantly to the diversion of already limited public health resources needed to deliver priority health services. The consequences of HIV / AIDS go far beyond the suffering and death of infected children, and include the risk of illness for parents and siblings, disgrace to families, and the tragedy of AIDS orphans. It is imperative to ensure that AIDS prevention and treatment programs, including the development of possible vaccines and therapies that are applicable in all countries and in all settings, and large-scale information and education campaigns, receive high priority at both the national level and in international cooperation.

11. One of the main factors affecting the health of not only children, but also adults, is access to clean water and safe sanitation. They are not only important for the health and well-being of people, but also go a long way in relieving women of the hard work that has a direct impact on children, especially girls. Progress in child health is unlikely to be achieved if one third of the world's children in developing countries are left without access to safe drinking water and half of them lack access to adequate sanitation.

12. Building on the experience of the past decade and taking into account the many innovations in simple, low-cost methods and technologies for providing clean drinking water and safe sanitation in rural and urban areas, it now appears desirable as well as feasible through concerted national action and international cooperation strive to ensure that by the year 2000 all children of the world have universal access to clean drinking water and sanitary excreta disposal facilities. Ensuring universal access to clean drinking water and sanitation, coupled with health education, offers another important opportunity - the ability to combat many waterborne diseases, and in particular to eliminate one of them - the disease caused by guinea worm disease (dracunculiasis), from which approximately 10 million children are currently affected in various parts of Africa and Asia.

Food and nutrition

13. Hunger and various forms of malnutrition account for about half of all child deaths. More than 20 million children suffer from severe malnutrition, 150 million are underweight and 350 million women suffer from malnutrition-related anemia. To improve nutrition, you need:

a) household food security

b) a healthy environment and infection control, and

(c) Adequate protection of maternal and child health.

With the right policies, organizational arrangements and political priorities, the world can now feed all the world's children and overcome the most serious forms of malnutrition; halve the incidence of protein and caloric deficiencies; virtually eliminate diseases associated with vitamin A and iodine deficiencies, and significantly reduce the incidence of anemia caused by malnutrition.

14. For infants and pregnant women, the most important is: ensuring adequate nutrition during pregnancy and lactation; developing, maintaining and supporting breastfeeding and complementary feeding practices, including frequent feeding; weight gain control followed by appropriate follow-up and nutritional control. Adequate nutrition is a clear priority for older children and for the adult population in general. Meeting this need requires job and income opportunities, knowledge dissemination and services that increase food production and distribution. These are key actions in broad national strategies to combat hunger and malnutrition.

Role of women, maternal health and family planning

15. Women in a variety of activities play a key role in the well-being of children. Improving the status of women and providing them with equal access to education, training, loans and other services for advanced training represent a significant contribution to the socio-economic development of the country. For girls, efforts should already be made to improve the status of women and strengthen their role in development. Girls must be given equal opportunities to benefit from health, nutrition, education and other basic services so that they can develop fully.

16. Maternal health, adequate nutrition and education are essential for the survival and well-being of women themselves, and are central to the health and well-being of infants. The causes of high infant mortality, especially neonatal mortality, are associated with untimely pregnancies, low birth weight and premature births, unsafe births, cases of tetanus in infants, high fertility rates, etc. These factors are also major drivers of maternal mortality, killing 500,000 young women each year, and undermining the health and suffering of many millions of women. To reduce this tragedy, special attention must be paid to the health, nutrition and education of women.

17. To avoid pregnancies that are too early, too late, too many or too frequent, all couples should have access to information showing the importance of responsible family planning and the many benefits of childbirth regulation. Attentive care, infection-safe delivery, access to specialist doctors in severe cases, tetanus toxoid vaccination and prevention of anemia and other malnutrition-related illnesses during pregnancy are also important measures to ensure safe motherhood and the health of emerging health problems. into the light of a baby. An additional benefit of the simultaneous implementation of maternal and child health and family planning programs is that, when carried out simultaneously, these activities accelerate the decline in mortality and fertility rates and contribute to lower population growth rates more than either of these activities alone.

The role of the family

18. The family has primary responsibility for the nutrition and protection of children from infancy to adolescence. The family begins to familiarize children with the culture, values ​​and norms of society. For the comprehensive and harmonious development of the personality, children should grow up in a family environment, in an atmosphere of happiness, love and understanding. Accordingly, all institutions in society must respect and support the efforts of parents and other caregivers to provide food and care for children in a family setting.

19. Every effort should be made to prevent children from separating from their families. Whenever children are separated from their families, whether due to extraordinary circumstances or in their own interests, measures must be taken to ensure family care within another family or placement in an appropriate institution, and appropriate care must be taken to ensure that the child is, if possible, continued to develop in the conditions of his cultural environment. Large families, family and community organizations must be supported to help meet the special needs of orphans, displaced and abandoned children. Efforts must be made to ensure that no child is treated as a social outcast.

Basic education and literacy

20. At the World Conference on Education for All, held in Jomtien, Thailand, the international community, including virtually every government in the world, pledged to significantly expand educational opportunities for the more than 100 million children and nearly 1 billion adults who now do not have access to basic education and literacy, and two thirds of them are girls and women. To fulfill this commitment, concrete measures must be taken to improve the quality of life of children and families.

(a) Expanding child development activities;

(b) Ensuring access for all to basic education, including completion of primary or equal education by at least 80 per cent of school-age children, with a focus on reducing the existing gap between boys and girls;

(c) halving the adult illiteracy rate, with a focus on female literacy;

d) conducting vocational training and preparation of production activities;

f) acquisition of knowledge, skills and abilities through all channels of education, including modern and traditional mass media.

21. While progress in education and literacy has real value for human development and quality of life, it can also make a significant contribution to improving maternal and child health, protecting the environment and promoting sustainable development. In this regard, there is a need to prioritize investment in basic education in national action as well as international cooperation.

Children in particularly difficult conditions

22. Millions of children around the world live in particularly difficult conditions - orphans and homeless children, refugees or displaced persons, victims of war, natural and man-made disasters, including disasters such as exposure to radiation and hazardous chemicals, children of migrant workers and representatives other disadvantaged groups, children forced to work or young people involved in prostitution, victims of sexual abuse and other forms of exploitation, children with disabilities and juvenile delinquents and victims of apartheid and foreign occupation. Such children need special attention, protection and assistance from their families and communities, they also need to be the target of national efforts and international cooperation.

23. More than 100 million children work, often in difficult and hazardous jobs, in contravention of international conventions protecting them from economic exploitation and from labor that hinders their education and threatens their health and full development. With this in mind, all States should make efforts to end this practice of child labor and consider how legally employed children can be guaranteed the conditions and circumstances that provide them with adequate opportunities for healthy parenting and development.

24. Drug abuse has become a global threat to a very large number of young people and to an ever-growing number of children, whose health is irreparably damaged during the prenatal stage of life. To prevent this tragedy, concerted action by governments and intergovernmental agencies is needed to combat illicit production, supply, demand, trafficking and distribution of narcotic drugs and psychotropic substances. Equally important are community-based interventions and education, which are vital to reducing both the supply and demand for illicit drugs. Tobacco and alcohol abuse are also problems that also require action, especially prevention and education for young people.

Protecting children in armed conflict

25. During armed conflicts, children need special protection. In all such cases, it is necessary to follow the recent examples of countries and warring factions agreeing to suspend hostilities and to adopt special measures such as “corridors of peace” through which essential supplies were supplied to women and children, as well as “days of tranquility” for vaccinations and other health services for children and their families in conflict areas. Conflict resolution does not have to be a prerequisite for implementing measures that directly protect children and families, ensure their continued access to food, health care and basic services, mitigate the trauma of violence, and protect them from other direct consequences of violence and combat. action. In order to create the foundation for a world without war, in which violence and war are no longer acceptable means of resolving disputes and conflicts, teaching children need to instill values ​​such as a desire for peace, tolerance, understanding and a desire for dialogue.

Children and the environment

26. For children, the protection of the environment and its sustainable use for sustainable development are essential, as their survival and development depend on it. The Child Survival and Development Goals proposed for the 1990s in this Action Plan aim to improve the quality of the environment by combating disease and malnutrition and promoting education. They contribute to lower mortality rates as well as fertility rates, improved social services, more rational use of natural resources and, ultimately, breaking the cycle of poverty and environmental degradation.

27. Programs aimed at achieving child-related goals for the 1990s are highly environmentally friendly and efficient with relatively low capital resources and a strong focus on social mobilization, community participation and technology. The goals for the survival, protection and development of children, as reflected in this Action Plan, should therefore be regarded as contributing to the protection and preservation of the environment. However, beyond these, other measures are clearly needed to prevent environmental degradation in both industrialized and developing countries by changing wasteful resource consumption patterns and by helping to meet the survival and development needs of the poor. A special place among the tasks facing the world in the field of ecology should be occupied by programs in the interests of children, which not only contribute to the satisfaction of their basic needs, but also foster in them respect for the natural environment, thanks to which such a variety of life forms, to its beauty and wealth, is possible. which improve the quality of human life.

Fighting Poverty and Revitalizing Economic Growth

28. Achieve child-related goals in health, nutrition, education, etc. will go a long way towards alleviating the worst manifestations of poverty. Much more work remains to be done, however, to ensure that the solid economic base is in place to achieve and sustain the goals of long-term child survival, protection and development.

29. As stated by the international community at the XVIII special session of the General Assembly (April 1990), one of the most important challenges for the 1990s is the need to revive economic growth and social development in developing countries and jointly address the problems of extreme poverty and hunger that continue to affect too many people on earth. As the most vulnerable part of human society, children are especially interested in sustainable economic growth and the fight against poverty, without which their well-being cannot be ensured.

30. In order to contribute to the creation of a favorable international economic environment, it is imperative to continue to pay close attention to an early, comprehensive and lasting solution to the external debt problems faced by debtor developing countries; to mobilize external and internal resources to meet the increasing financing needs of developing countries for development; to take measures to ensure that the problem of the net transfer of resources from developing to developed countries is eliminated in the 1990s, as well as the issues related to the impact of this process are effectively addressed; to create a more open and equitable trading system to promote the diversification and modernization of the economies of developing countries, in particular those dependent on the export of raw materials; and to provide, especially the least developed countries, basic resources on a concessional basis.

31. In all these efforts, high priority should be given to meeting the basic needs of children. All possible ways to ensure program protection for children, women and other vulnerable groups should be explored during times of structural adjustment and other economic transformation. For example, when countries reduce military spending, a portion of the released funds should be directed towards programs for social and economic development, including programs for children. Debt relief schemes can be designed so that budget reallocations and new economic growth made possible by such schemes have a beneficial effect on programs for children. Debtors and creditors should consider debt relief for children, including swapping debt for investment in social development programs. The international community, including private sector lenders, is urged to work with developing countries and relevant institutions to promote the provision of child-friendly debt relief. To support the growing efforts of developing countries themselves, donor countries and international agencies should consider channeling more development assistance towards primary health care, basic education, low-cost water and sanitation programs and other activities specifically supported in The Declaration adopted at the Summit and in this Action Plan.

32. The international community recognizes the need to halt and reverse the growing marginalization of the least developed countries, including most of sub-Saharan Africa and many landlocked and island countries facing special development challenges. These countries will require additional long-term international assistance to complement their own national efforts to meet the urgent needs of children in the 1990s.

III. Follow-up and control

33. Effective implementation of this Action Plan will require concerted national efforts and international cooperation. As enshrined in the Declaration, such measures and cooperation should be guided by the principle of “children first”, which is that the basic needs of children should be given high priority in the allocation of resources in both difficult and favorable times, at the national and international levels. as well as at the family level.

34. It is imperative that the proposed actions for children are taken within the framework of strengthening broader national development agendas that combine the goals of revitalizing economic growth, alleviating poverty, developing human resources and protecting the environment. Such programs should also strengthen community organizations, foster civic responsibility, and be sensitive to cultural heritage and social values ​​that promote progress without alienating the younger generation. With these broad goals in mind, we and our governments commit to take the following actions:

Activities at the national level

I) All Governments are urged to prepare, by the end of 1991, national action programs to implement the commitments they made in the International Summit Declaration and this Plan of Action. National Governments should encourage provincial and local government bodies, as well as NGOs, the private sector and civil groups, to prepare their own action programs to help achieve the goals and targets contained in the Declaration and this Plan of Action, and help them to do so. activities;

Ii) each country is encouraged to reconsider, in the context of its national plans, programs and policies, how it can give greater priority to programs for the well-being of children in general and in meeting the core objectives for the survival, development and protection of children in the 1990s as presented in the World Summit Declaration and this Plan of Action;

Iii) each country is urged, in the context of its specific national circumstances, to revise its current national budget and donor countries to revise their development assistance budgets to ensure that programs aimed at achieving targets for the survival, protection and development of children are given priority when allocating resources. Every effort should be made to ensure that such programs are protected during periods of austerity and structural adjustment;

Iv) Families, communities, local government bodies, NGOs, social, cultural, religious, business and other institutions, including the media, are encouraged to play an active role in supporting the goals outlined in this Action Plan. The experience of the 1980s shows that only through the mobilization of all sectors of society, including those that traditionally did not consider the issues of survival, protection and development of children as their main tasks, can significant progress be made in these areas. All forms of public mobilization, including the effective use of the vast opportunities of the new information and communication potential of the world, must be used to transfer to all families the knowledge and skills necessary to significantly improve the situation of children;

V) Each country should establish appropriate mechanisms for the regular and timely collection, analysis and publication of data necessary to monitor relevant social indicators related to child well-being, such as neonatal, infant and under-five mortality rates, maternal mortality rates and fertility rates, nutritional levels, immunization program coverage, disease rates of significant public health, enrollment and graduation rates, and literacy, which indicate progress towards the targets set in this Action Plan and related national action plans. Statistics must be disaggregated by sex to ensure that any unequal impact of programs on girls and women can be identified and corrected. It is especially important to put in place mechanisms to ensure that policymakers are promptly informed of any negative trends so that corrective action can be taken in a timely manner. National leadership and policy makers should periodically review human development indicators, which is currently being done for economic development indicators;

(Vi) Each country is urged to review its current procedures for dealing with natural and man-made disasters, which often affect women and children the most. Countries that do not have adequate contingency plans for disaster preparedness are urged to develop such plans, seeking assistance from the relevant international agencies as needed;

Vii) further research and development can further accelerate progress towards the goals set out in the Summit Declaration and this Plan of Action, and can greatly facilitate the task of addressing many other important issues facing children and families. Governments, industry and academia are encouraged to step up efforts in both basic and operational research aimed at new technical and technological advances, better public mobilization and better delivery of existing social services. Key examples of areas in which health research is urgently needed include: improved vaccination practices, malaria, AIDS, respiratory infections, diarrheal diseases, nutritional deficiencies, tuberculosis, family planning and newborn care. Likewise, there are important research needs in the areas of early childhood development, basic education, hygiene and sanitation, and to guard against trauma in children separated from their families and in other particularly difficult conditions. Such research should include collaboration between institutions in both developing and industrialized countries of the world.

International activities

35. Community and national action is undoubtedly essential to achieving goals and fulfilling aspirations for children and development. However, for many developing countries, especially the least developed and the most indebted ones, there is a need for substantial international cooperation in order to enable them to participate effectively in global efforts to ensure child survival, protection and development. Accordingly, the following specific measures are proposed to create a favorable international environment for the implementation of this Action Plan:

(I) All international development agencies, multilateral, bilateral and non-governmental, are urged to explore how they can contribute to the achievement of the goals and strategies of the Declaration and this Plan of Action, within the framework of the in general, greater emphasis on human resource development in the 1990s. They are invited to submit information on their plans and programs to the relevant governing bodies by the end of 1991 and periodically thereafter;

Ii) All regional institutions, including regional political and economic organizations, are invited to include the consideration of the Declaration and this Plan of Action on the agendas of their meetings, including those at the highest political level, with a view to developing agreements on mutual cooperation in the implementation and implementation of current control;

Iii) All relevant United Nations agencies and bodies, as well as other international organizations, are encouraged to cooperate fully in order to ensure that the goals and targets in the national plans are met in the World Summit Declaration in the Plan of Action. The governing bodies of all interested institutions are encouraged to ensure, within their mandates, the broadest possible support from their institutions for the achievement of these goals.

IV) The United Nations is invited to assist in establishing appropriate monitoring mechanisms for the implementation of this Plan of Action, drawing on the existing scientific and technical capacity of the United Nations statistical offices, the specialized agencies, UNICEF and other bodies of the United Nations system. In addition, the Secretary-General of the United Nations is invited to take steps to prepare, at all appropriate levels, a five-year overview report on the progress made in the implementation of the objectives of the Declaration and Plan of Action;

V) The United Nations Children's Fund, as the world's lead agency for children, is invited to prepare, in close collaboration with the relevant specialized agencies and other bodies of the United Nations system, a consolidated analysis of the plans and activities undertaken by individual countries and the international community in support of the development goals of 90s related to the situation of children. The governing bodies of the relevant specialized agencies and bodies of the United Nations system are invited to include in the agendas of their regular sessions the issue of the periodic review of the implementation of the Declaration and this Plan of Action and, through the Economic and Social Council, to inform the General Assembly of the United Nations in detail on the progress achieved and on the additional action required at the coming decade.

36. The goals proclaimed in the Declaration and this Plan of Action are ambitious and will require sustained and strenuous efforts on the part of all stakeholders to achieve them. Fortunately, there is already the necessary knowledge and methods to achieve most of these goals. The financial resources required are moderate compared to the great gains to be achieved in the long term. Most importantly, providing families with the information and services they need to protect their children is now achievable in every country and virtually every community. There is no other task that deserves a higher priority than the protection and development of children, on which the survival, stability and progress of all countries and even the entire human civilization depend. Therefore, the issue of full implementation of the Declaration and this Plan of Action should be given high priority in the framework of national action and international cooperation.

Adding

Children and development goals for the 90s

The goals set out below were formulated through broad consultations in various international forums, which were attended by representatives of governments of virtually all countries, relevant United Nations agencies, including the World Health Organization (WHO), UNICEF, United Nations Population Fund (UNFPA) , The United Nations Educational, Scientific and Cultural Organization (UNESCO), the United Nations Development Program (UNDP), the International Bank for Reconstruction and Development (IBRD), and a significant number of NGOs. These goals are recommended for implementation by all countries in which they have not yet been achieved, with appropriate adaptation to the specific conditions of each country in terms of implementation stages, norms, priorities and resource availability, taking into account cultural, religious and social traditions. These countries' national action plans need to include additional tasks that are of particular relevance to the specific context of the country in question.

I. Key challenges for child survival, development and protection

a) In the period 1990-2000, a reduction in the infant mortality rate and mortality rate of children under five years of age by one third or to 50 and 70 cases per 1000 live births respectively, whichever is the lower;

(b) Reducing the maternal mortality rate by half during the period 1990-2000;

(c) During the period 1990-2000, the prevalence of extreme and moderate malnutrition among children under the age of five was halved;

(d) Ensuring access to safe drinking water and sanitary sanitation for everyone;

(e) Achieve universal access to basic education by the year 2000 and enroll at least 80 per cent of primary school children in primary education;

(f) Reducing the adult illiteracy rate (appropriate age group should be defined in each country) by at least half of its 1990 level, with an emphasis on female literacy;

(g) Improving the effectiveness of the protection of children in particularly difficult conditions.

II. Ancillary / Sectoral Objectives

A. Women's health and education

I) Paying special attention to the health and nutrition of girls and pregnant and lactating women;

Ii) ensuring that all married couples have access to information and services to prevent pregnancies that are too early, too frequent, too late or too numerous;

Iii) ensuring that all pregnant women have access to antenatal care services, skilled birth attendants and health facilities for counseling in high-risk pregnancies and childbirth complications;

Iv) Ensuring universal access to primary education, with special emphasis on girls' education and implementation of the Rapid Eradication of Illiteracy Program for Women.

B. Nutrition

I) Reducing the incidence of acute and moderate malnutrition among children under 5 years of age by half from 1990 levels;

Ii) reducing the rate of low birth weight (2.5 kg or less) to less than 10 percent;

III) decrease in the incidence of iron deficiency anemia in women by one third from the 1990 levels;

Iv) practical elimination of disorders associated with iodine deficiency in the body;

V) practical elimination of disorders associated with vitamin A deficiency in the body, and the consequences of such deficiency, including blindness;

VI) ensuring that all women breastfeed their children only during the first 4-6 months of life and continued breastfeeding, using complementary food, and in the second year of the child's life;

Vii) the establishment in all countries by the end of the 1990s of services to promote and control the growth of children;

VIII) dissemination of knowledge and provision of support services to increase food production in order to ensure food security at the household level.

WITH. Child health protection

I) Global eradication of poliomyelitis by the year 2000;

Ii) elimination of neonatal tetanus by 1995;

Iii) a 95 per cent reduction in measles-related deaths by 1995 and a 90 per cent reduction in measles cases, compared to pre-immunization levels, as one of the main measures to eradicate measles globally over the longer term;

Iv) maintaining a high level of immunization coverage (at least 90 percent of children under 1 year of age by 2000) against diphtheria, pertussis, tetanus, measles, poliomyelitis, tuberculosis and tetanus in women of childbearing age;

V) a 50 percent reduction in diarrhea-related deaths in children under 5 years of age and a 25 percent reduction in the incidence of diarrhea;

Vi) a one-third reduction in ARI-related mortality in children under 5 years of age.

D. Water supply and sewerage
I) Ensuring universal access to safe drinking water;
Ii) ensuring universal access to sanitary sanitation facilities;
III) elimination of diseases caused by guinea worm (dracunculiasis) by 2000.

E. Primary education
(I) Expanding early childhood development activities, including appropriate low-cost family and community-based interventions;
Ii) ensuring universal access to primary education and primary education for at least 80 per cent of primary school age children in formal schooling or non-formal education of comparable quality, with particular emphasis on reducing the current educational inequalities for boys and girls;
Iii) a reduction in the adult illiteracy rate (appropriate age groups to be determined in each country) by at least 50 per cent from the 1990 level, with particular emphasis on eradicating illiteracy among women;
Iv) dissemination on an increasingly wider basis among individuals and families of knowledge, skills and beliefs about values ​​necessary to improve the quality of life, through all educational channels, including the mass media, other types of modern and traditional communication and social activities, defining the effectiveness of such activities in terms of changing behavior patterns.

F. Children in particularly difficult conditions
Provide more effective protection for children in particularly difficult circumstances and take action to address the root causes that lead to such situations.

Like

Labor protection of women is a separate area in the legislation, which includes guarantees, restrictions and prohibitions for women, due to physical limitations and other features of the functioning of the female body. Most of the rules apply specifically to pregnant employees.

Normative acts

The main labor protection standards are set out in chapter 41 of the Labor Code of the Russian Federation. Article 253 of the Labor Code of the Russian Federation has the following restrictions:

• A ban on lifting heavy weights weighing more than 15 kg, as well as carrying heavy weights weighing more than 10 kg. These prohibitions apply only to occasional work with objects. If a woman constantly works with weight, it cannot exceed 7 kg. The restrictions themselves are set out in the article of the Labor Code of the Russian Federation, and the specific norms for lifting weights are in the order of the Ministry of Labor of September 17, 2014 No. 642n.
• Restriction on work in difficult, dangerous and harmful conditions.
• Prohibition of work underground, unless it is sanitary or household work.

Specific prohibitions were established by Decree No. 162 dated February 25, 2000. It outlines 456 specialties that are prohibited for women. Let's consider some of them:

• Boiler maintenance work.
• Steelmaker.
• Working with explosives.
• Painter.
• Bulldozer driver.

In addition, female labor must comply with sanitary standards. They were established by Resolution No. 32 of the Sanitary and Epidemiological Supervision dated October 28, 1996. The employer is obliged to monitor compliance with the standards. All the subtleties are outlined in the resolution. For example, SanPiN contains requirements for the chair on which the pregnant woman will sit. The document approves the following requirements:

• Noise indicators.
• Radiation index.
• Thermal loads.
• Industrial microclimate.

Some of the provisions of the Decree of the Ministry of Labor on the norms of the weights used were stated earlier. Consider others. The maximum weight per shift that a woman can move (but not lift) is 1,750 kg. The total weight allowed for lifting is 875 kg.

A number of benefits are provided to employees. For those working in the field of education and medicine, the working week is reduced to 36 hours. A similar benefit is provided to employees working in the Far North. At the same time, the salary does not decrease. Rural workers can receive one additional day off per month on the basis of a corresponding application. This benefit is approved by Article 262 of the Labor Code of the Russian Federation. The day off will not be paid.

ATTENTION! Prohibitions for women who are not in position relate to physical restrictions. For example, this is a ban on some professions, lifting weights in excess of the recommended value. Otherwise, there are no restrictions and requirements for the creation of special conditions for women in the legislation, since the law provides for the equality of employees of both sexes at work.

Benefits and prohibitions for pregnant employees

The law fully protects a woman in a position. There are requirements for the performed activity, various prohibitions.

Weight lifting restrictions

Restrictions on weight lifting are set out in SanPiN "Hygienic requirements". Let's consider some of them:

• Lifting weights up to twice an hour, as part of alternation with other activities - 2.5 kg.
• Moving weight throughout the entire working day - 1.25 kg.
• The total weight of the cargo moved within an hour at a distance of up to 5 meters is 60 kg.
• The total weight of the cargo moved throughout the shift is 480 kg.

Restrictions on the transfer of weights are associated with the threat of miscarriage or pathological development of pregnancy.

Other restrictions

Pregnant women cannot work in industries with the following conditions:

• Sudden pressure drops.
• Artificial lighting that does not meet the standards.
• Static stress on the abs and legs.
• The use of chemical elements, the list of which is set out in Appendix 2 of the SanPiN.
• The presence of infectious diseases, fungus.
• Influence of infrared rays.
• Influence of vibrations, ultrasonic radiation.
• Wetting of the limbs in the process of carrying out work activities.
• Exposure to drafts.

On the basis of Article 259 of the Labor Code of the Russian Federation, a ban is imposed on the following forms of labor:

• Night shifts.
• Overtime.
• Business trips.
• Weekend work.
• Watch.

To receive all benefits, a woman must provide the employer with a doctor's opinion on her situation. After that, the boss is obliged to transfer the employee to relatively easy working conditions.

Office work is considered to be simple. However, even in this case, restrictions apply. In particular, a pregnant woman should not work at a computer for more than 3 hours. This is due to harmful radiation from the PC. The considered limitation is stipulated by SanPiN.

IMPORTANT! If the employer is unable to provide the employee with optimal working conditions, he must remove the pregnant woman from work. At the same time, the woman retains the same salary. This rule is stipulated by article 254 of the Labor Code of the Russian Federation.

Benefits for pregnant women

In relation to pregnant women, not only restrictions have been established, but also benefits. In particular, pregnant employees should be provided with:

• Maternity leave of a fixed duration.
• Annual leave.

An employer cannot fire a pregnant worker or cut her wages. The only reason for the legal dismissal of an employee is the complete liquidation of the company. The employer is obliged to let the employee go to the antenatal clinic when required. At the request of the woman, a shorter working week is provided. There are two ways to cut it: reducing the length of the working day or providing a day off.

IMPORTANT! If a woman has entered into a fixed-term employment contract with the employer, which expired during pregnancy, the agreement must be extended until the baby is born.

Labor protection of young mothers

The following prohibitions apply to an employee with babies under three years old:

• Night shifts.
• Overtime.
• Business trips.
• Watch.
• Refusal to apply for a job.
• Reduction of wages.

Similar benefits are relevant for single mothers with children under 5 years of age. It is prohibited to fire the following employees:

• Women with babies up to 3 years old.
• Parents of minor children with disabilities.
• Mothers raising children under the age of 14 alone.

The contract with such employees can only be terminated upon liquidation of the company. A single mother raising a child up to 14 years old has the right to get 2 weeks out of turn leave. This additional leave is not paid. Also, an employee can apply for a shorter working day. A similar right is granted to parents of children with disabilities who have not reached the age of majority.

FOR YOUR INFORMATION! The rights of women, including pregnant women and those with children, are reliably protected by law. However, the norms are often violated by the employer. In case of violations, you should contact the labor inspectorate. Based on the employee's statement, the company is checked. If the violations are confirmed, the employer will be fined. In case of significant violations, more serious consequences are possible.

PREGNANT EMPLOYEE - THE EDGE OF THE LAW

What kind guarantees of a pregnant woman does the law provide for the organization of labor? Particular cases of employee whims - what should the employer do?

A pregnant employee: where is the line between her whims and the law?

The employee brought a pregnancy certificate to the company. First, she demanded to reduce her working hours, then - work with a computer up to three hours a day, change her desk to a larger one, provide better lighting. After these changes, she wanted to move to another office, because there is less noise. To top it off, she demanded that the employer transfer her to work from home. For non-fulfillment of all conditions, a pregnant employee threatens to go to court. Is the employer obligated to comply with all her requirements? Where is the line between the whims of a pregnant worker and the employer's mandatory labor protection requirements?

- Is the employer obliged to establish part-time work for a pregnant worker at her request? Yes, if such an employee has submitted a medical report on the need to reduce her working time.

- How many hours a day is a pregnant woman allowed to work with a computer? No more than three hours.

- Is the employer obliged to transfer a pregnant employee to work at home? The legislation does not provide for such an obligation for the company, however, an employee can switch to home work by agreement with the employer.

Related documents:

- SanPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women. Sanitary rules and norms ", approved by the Resolution of the State Committee for Sanitary and Epidemiological Supervision of Russia dated October 28, 1996 N 32;

- SanPiN 2.2.2 / 2.4.1340-03 "Hygienic requirements for personal computers and work organization", approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation of June 3, 2003 N 118 "On the introduction of sanitary and epidemiological rules and standards SanPiN 2.2.2 / 2.4.1340-03 ";

- Methodical recommendations N 11-8 / 240-09 "Hygienic assessment of harmful production factors and production processes hazardous to human reproductive health", approved by the Department of the State Sanitary and Epidemiological Supervision of Russia on July 12, 2002.

What guarantees does the law provide for organizing the work of a pregnant woman?

State protection of motherhood and childhood in Russia is guaranteed by the Constitution (Art. 38). In accordance with Art. 23 of the Fundamentals of the Legislation of the Russian Federation on the Protection of Citizens' Health (Approved on July 22, 1993, N 5487-1), the state provides pregnant women with the right to work in conditions that correspond to their state of health. The Labor Code of the Russian Federation (Labor Code of the Russian Federation) provides for a number of additional guarantees for pregnant women, which is associated with the need to reduce the physical load on the woman's body during pregnancy.

Basic guarantees for pregnant workers under the Labor Code of the Russian Federation:

2. Restrictions on the use of women's labor in heavy work and work with harmful and (or) hazardous working conditions, as well as in underground work (Article 253).

3. A ban on the use of women's labor in jobs involving lifting and manually moving weights that exceed the maximum permissible norms for them (Article 253).

4. Reducing the production rates for pregnant women in accordance with the medical report and at their request (Art. 254).

5. A ban on sending pregnant women on business trips, as well as attracting them to overtime work, work at night, weekends and non-working holidays, and work on a rotational basis (Articles 259, 298).

6. Granting, before or after maternity leave, at the request of a pregnant woman, annual paid leave, which must be granted at the request of the employee and before the expiration of six months of continuous work with the employer (Articles 122, 260).

8. Preservation of average earnings at the place of work during the passage of a mandatory dispensary examination in medical institutions (Article 254).

9. Prohibition on replacing the annual basic paid leave and annual additional paid leaves with monetary compensation (Article 126).

10. Prohibition on termination of an employment contract at the initiative of the employer, except in cases of liquidation of the organization or termination of activities by an individual entrepreneur (Article 261).

11. The employer's obligation to extend a fixed-term employment contract at the request of a pregnant woman until the end of her pregnancy (Art. 261).

Particular cases of employee whims - what should the employer do?

Often, in practice, one has to face the reluctance of the employer to meet the woman halfway and respect her rights in connection with the expectation of a child. But there are situations when demands from pregnant workers are poured on the employer. Which of them is the employer obliged to fulfill?

- Situation 1.

A pregnant worker demands to have her part-time (shift) or part-time work week.

This requirement is subject to mandatory satisfaction by the employer in accordance with Art. 93 of the Labor Code. However, it should be remembered that the employee is obliged to provide the employer with a medical report on the need to reduce her working time. In the absence of such a conclusion, the employer is not obliged to reduce the working day / shift / week for a pregnant employee.

The specific number of hours by which the working day will be reduced is established by agreement between the employer and the pregnant woman (Article 93 of the Labor Code of the Russian Federation).

- Situation 2.

A pregnant woman asks to be transferred to another job.

A pregnant woman, at her request, can be transferred to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings from her previous job (part 1 of article 254 of the Labor Code of the Russian Federation).

So, according to clause 13.2 of SanPiN 2.2.2 / 2.4.1340-03, from the time of pregnancy, women are transferred to work not related to the use of electronic computers (in particular, a personal computer), or the time of work with them is limited ( no more than 3 hours per work shift).

The employer's refusal to transfer a pregnant employee to an easier job may be challenged by her in court. The courts almost always take the side of a pregnant worker if the organization does not follow the rules for the protection of her labor.

It should be remembered that the grounds for the transfer of a pregnant employee, which the employer can check, are (Article 73 of the Labor Code of the Russian Federation):

- a medical certificate issued to a pregnant woman by a doctor (Instructions for organizing the work of an antenatal clinic, approved by Order of the Ministry of Health of Russia dated February 10, 2003 N 50) (obstetrician-gynecologist) in the presence of harmful and dangerous working conditions in her work. In the conclusion, the duration of pregnancy, the grounds for translation are indicated, in the line "Recommended work" those works are noted, the performance of which is permissible. Typically, this document provides general guidelines;

- a statement containing a request for transfer and a link to a medical report.

Only if the indicated grounds exist, the employer is obliged to transfer the pregnant worker to an easier job.

Since the transfer of a pregnant woman is of a temporary nature, after she leaves the maternity leave, the employer has the right to transfer her to her previous place of work (Article 73 of the Labor Code of the Russian Federation). We recommend that you notify your employee about this in writing during the translation.

Attention! For a pregnant woman transferred to another job, the average earnings from her previous job are retained (Article 254 of the Labor Code of the Russian Federation).

If it is impossible to provide a pregnant worker with easier work or other work that excludes the impact of harmful factors, she must be released from work until maternity leave (necessarily with the preservation of average earnings) (Article 254 of the Labor Code of the Russian Federation).

Should a pregnant employee be transferred to work at home?

Must.

A. Belorukova, Deputy General Director of the Kvartirny Ryad newspaper (Moscow):

- An employer should transfer a pregnant worker upon her application to work at home. The Labor Code does not establish guarantees for pregnant women to work at home. Chapter 49 of the Labor Code does not stipulate the employer's obligation to transfer a pregnant employee to home work. However, by-laws, such an obligation is established. In particular, the Resolution of the Supreme Court of the RSFSR of November 1, 1990 N 298 / 3-1 "On urgent measures to improve the situation of women, families, protection of mothers and children in the countryside" enshrines the right of a pregnant employee to work at home.

Is not obliged to.

A. Lipin, Counselor of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Labor and Social Protection of the Russian Federation (Moscow):

- The employer does not have to obligatorily transfer a pregnant worker upon her application to work at home. The Labor Code does not stipulate the employer's obligation to transfer a pregnant employee to home work. Moreover, the Regulations on the Working Conditions of Homeworkers, approved by the Decree of the USSR State Committee of Labor and the All-Union Central Council of Trade Unions Secretariat of September 29, 1981 N 275 / 17-99, does not include pregnant women in the list of employees who, at their request, are given priority to work at home.

Expert opinion.

E. Simakova, expert of the "Personnel business" magazine:

- Legislation does not stipulate the employer's obligation to provide a pregnant worker with homework at her request. This form of work can be established by agreement of the parties, without fail for the employer - for certain categories of workers. For example, the Resolution of the Supreme Court of the RSFSR of November 1, 1990 N 298 / 3-1 "On urgent measures to improve the status of women, families, protection of motherhood and childhood in the countryside" speaks about homework of pregnant women in crop and livestock production. However, it should be borne in mind that in accordance with Part 2 of Art. 254 of the Labor Code, in the absence of work, excluding the impact of adverse factors, the employer is obliged to release a pregnant woman from work with the preservation of average earnings for all work days missed as a result, at the expense of the employer. Therefore, in this case, it is better for the employer to satisfy the request of a pregnant worker to transfer to home work.

- Situation 3.

A pregnant employee is scrupulous about the observance of hygienic requirements in the organization of her work, and does not require her to be transferred to another job.

The hygienic requirements for organizing the workplace of a pregnant worker, which are mandatory for the employer to comply with, are specified in the Hygienic Recommendations for Rational Employment of Pregnant Women.

In accordance with them, for pregnant women, stationary jobs and work performed in a free mode and a posture that allows a change in body position at her will are preferable. Constant work in a standing and sitting position is undesirable.

Noise intensity at workplaces of pregnant women should not exceed 50-60 dBA. In accordance with the Guidelines R 2.2.2006-05 (R 2.2.2006-05 "Guidelines for the hygienic assessment of the factors of the working environment and the labor process. Criteria and classification of working conditions", approved by Rospotrebnadzor on July 29, 2005) the maximum permissible noise levels at workers places are set taking into account the severity and intensity of work. To determine the noise appropriate for a specific workplace, it is necessary to quantify the severity and intensity of the work performed by the worker.

Natural and artificial lighting of workplaces of pregnant women should correspond to the values ​​of the current optimal hygienic standards. Detailed requirements for lighting in workplaces equipped with electronic computers are indicated in section. VI SanPiN 2.2.2 / 2.4.1340-03.

We draw your attention to the basic requirements for the working premises and working conditions of pregnant women (SanPiN 2.2.0.555-96 and Hygienic recommendations for the rational employment of pregnant women), which are mandatory for the employer:

1.in windowless rooms, that is, without natural light, is not allowed.

2. Women from the date of pregnancy and during the period of breastfeeding are not allowed to perform all types of work professionally related to the use of video display terminals and personal electronic computers.

3. For pregnant women, stationary workplaces should be equipped for the ability to perform labor operations in a free mode and a pose that allows a change in position at will. Constant work while sitting, standing, moving (walking) is excluded.

4. The workplace of a pregnant woman is equipped with a special swivel chair with a height-adjustable backrest, headrest, lumbar cushion, armrests and a seat. The back of the chair is adjustable in tilt angle depending on the duration of the worker's pregnancy and the mode of her work and rest.

5. The seat and backrest should be covered with a semi-soft non-slip material that is easily sanitized (GOST 21.889-76).

6. It is necessary to provide at the workplace of a pregnant employee the presence of a footrest, adjustable in height and angle of inclination and having a corrugated surface.

7. The working surface of the table of a pregnant worker should have a cutout in the tabletop for the body, rounded corners and a matte finish.

8. At the same time, the work table and production equipment must have legroom: at least 600 mm high, at least 500 - 600 mm wide, at least 450 mm deep at knee level and at least 650 mm at foot level.

In order to establish whether the requirements of a pregnant woman for the equipment of her workplace are binding on the employer, it is necessary to assess the factors of the working environment, the severity and intensity of the work process of this worker, in accordance with the specified rules.

Remember the main thing

Note by the experts who took part in the preparation of the material.

T. Bukvich, Head of the Legal Department, LLC PJSC Shield and Sword (Surgut):

- The requirement of a pregnant worker to establish a part-time schedule for her in accordance with a medical certificate is subject to mandatory satisfaction. At the same time, part-time work does not entail restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights (Article 93 of the Labor Code of the Russian Federation).

B. Chizhov, Deputy Head of the Office Work Department of the Administrative Department of Rostrud (Moscow):

- Before maternity leave or immediately after it, or at the end of parental leave, a woman, at her request, is granted annual paid leave, regardless of the length of service with the given employer (Article 260 of the Labor Code of the Russian Federation). At the same time, a pregnant woman cannot be recalled from vacation (Article 125 of the Labor Code of the Russian Federation).

A. Abdrashitov, Legal Adviser, UzDEU Auto-Ufa LLC (Ufa):

- Pregnant women are reduced in production rates, service standards, or these women are transferred to another job that excludes the impact of adverse production factors. At the same time, the average earnings from previous jobs are preserved (Article 254 of the Labor Code of the Russian Federation).

Source - "Occupational health and safety at industrial enterprises", 2013, N 3