PUBLIC INTEREST OF CHILDREN DURING ARMED CONFLICT
The author of the article investigates the public interest of children during armed conflict.First of all, the author analyzes the studies available in the Ukrainian administrative law doctrine on the public interest as a basic concept.In particular, the author takes into account the position of the judiciary on the definition of the concept of "public interest".The author analyzes relatively recent amendments to the legislation which legalized the concept of "public interest" -the Law of Ukraine "On Administrative Procedure".For comparison, the author reviews the approaches of foreign parliaments to the definition of the above concept (Australia, the United Kingdom and the French Republic).Based on the preceding, the author concludes that the public interest may be present in any sphere of public life in a certain historical period of time for any category of society.The article argues that during an armed conflict, the public interest of children is relevant.The period of armed conflict is accompanied by increased risks to the life and existence of children in all parts of the State, considering modern means and methods of warfare.Not to mention the creation of conditions for children's full development.In this situation, there is a mutual public interest of several parties (the state, children, and their legal representatives).The public interest of children in general, and during armed conflict in particular, is based on their rights enshrined in law.The public interest of children during armed conflict is the important needs of persons under the age of 18 (majority, if the law does not provide for the rights of an adult earlier), which are provided and implemented by public administration entities during armed confrontation between states or between belligerents within the territory of one state.
Authors
- К. О. Чепкова (ORCID: https://orcid.org/0000-0002-5219-093X)
Publication Details
- Journal
- Law and Society
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32842/2078-3736/2025.2.39
- Primary Topic
- Health and Conflict Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00