Russian Journal of Economics and Law (Jun 2015)
IMPLEMENTATION OF THE PROVISIONS OF THE EUROPEAN SOCIAL CHARTER ON THE RIGHT TO PROTECTION OF YOUTH FROM THE DANGER OF CAUSING PHYSICAL AND PSYCHOLOGICAL HARM IN THE PROCESS OF THEIR LABOR IN THE LABOR LAW OF THE RUSSIAN FEDERATION
Abstract
Objective: to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter, which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor, and its implementation in the Labor Law of the Russian Federation, in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods: comparative legal research method was applied. Results: the comparative legal analysis was carried out of the implementation of measures and warranties, expressed in Art. 7 of the European Social Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law; investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention; the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty: for the first time, the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter, which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law; the degree of their compliance with the Charter is determined; practical steps are offered to reform the Russian legislation, with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value: the measures for the protection of children, proposed by the author, can be used in scientific, legislative and law-enforcement practice in Russia.
