Published // Bulletin KAIL. 2015. №1 2015. 20‒28 p.

Salimgerei A.A.,

Director of the Institute of State and Law of the Al – Farabi Kazakh National University, Candidate of Legal Sciences, assistant professor,

Shapinov S.A.

Senior Researcher of the Institute of State and Law of the

Al – Farabi Kazakh National University

The article touches the questions about the necessity of elaboration of moral and spiritual conception and development of the younger genera­tion as a condition for creating effective legislation in the sphere of child protection from the information which their health and development in general. In the article, the authors analyze the process of making domes­tic laws to protect children from information harmful to their health and development in the Republic of Kazakhstan, which in 2013 was designed by deputies of the Majilis and the introduction of a bill «On the protec­tion of children from the information which their health and development in genera». Based on expert’s opinion the authors explain the necessity of elaboration of moral and spiritual conception and development of the younger generation as a condition for creating effective legislation in the sphere of child protection from the information which damage their health and development in general.

Key words: Moral and spiritual education, human rights, information

The problems of creating effective legislation in the sphere of protection of children from information harmful to their health and development (legal and social issues)

In February 2015, the Parliament of the Republic of Kazakhstan adopted the laws of the Republic of Kazakhstan “On protection of children from information harmful to their health and development”, which regulates public relations arising in connection with the implementation of children’s rights to receive and disseminate information appropriate to their age, and aimed at protection of children from information harmful to their health and development, and “On amendments and additions to some legislative acts of the Republic of Kazakhstan concerning the protection of information harmful to their health and development”, which is a legal mechanism for the implementation of the Law “on protection of children from information harmful to their health and development “, and designed to eliminate the possibility of the formation of a conflict within the scope of this law, the formation of truly effective and efficient systems of child protection from information risks.

These laws are very actual and are additional legal guarantees caused by the purpose to ensure the information security of minors by introducing legal guarantees and institutional mechanisms for the protection of children from information that causes them physical, mental, social, moral and spiritual health and development, including the dissemination of printed, audio and audio-visual products, electronic and computer games, advocating violence cruelty, pornography, anti-social behavior, as well as to the implementation of the state youth policy carried out on the principle of education of Kazakhstan patriotism, spiritual and moral culture, formation of national identity.

The urgency of the adoption of these laws is due to the special vulnerability of children, which, in the context of globalization of information space, the most exposed to the negative impact of information, facilitated by significant gaps in the legislative regulation of legal safeguards to ensure protection of the morals and health of children at the back of information products. The information disseminated with the use mass media, information and telecommunications networks, at the back of promotional products, electronic and computer games, film, video, other audio-visual messages and materials are increasingly exert on children’s psychotraumatic and corrupting influence, encourage them to risky, aggressive, brutal, antisocial behavior, contributes to their victimization, to facilitate their involvement in the crimes, other antisocial and illegal acts.

These laws are quite correspond with the Constitution of the Republic of Kazakhstan and the international obligations of the Republic of Kazakhstan, in particular, was ratified by the Supreme Council of the Republic of Kazakhstan June 8, 1994 the Convention United Nations ‘About Children’s Rights’  1989 [2] (Articles 13, 17 and 34). According to article 13 the 1989 Convention of the United Nations ‘About Children’s Rights’, the child has the right to receive and impart information. The exercise of this right may be subject to certain restrictions, but these shall be only those restrictions that are necessary and provided for by law (paragraphs 1 and 2).

Law of RK “On protection of children from information harmful to their health and development” in its content creates a legal framework for the implementation of the protection of the child from information guarantees, Propaganda, causing harm to the health, moral and spiritual development, set out in paragraph 1 of Article 36 and paragraph 1 of article 39 of the Law of the Republic of Kazakhstan “About the Rights of the child”, is interdisciplinary in nature and is designed for a uniform, comprehensive legal regulation of relations connected with the protection of children from all forms of information harmful to their health and development, publicly distributed in any channel and in any medium.

By their very nature the mass media is the main channel for the dissemination of information that is available to children and including such information that can be evaluated as harmful to their health and development. In this regard, the adoption of the Act will have a definite impact on the market of information services and its participants, as well as on the development of the information space. The law will demonstrate a reasonable balance between the right of the child to freedom of expression, free access to information and limitations imposed on this right.

Recognizing the considered laws quite reasonable, it should be noted the lack of an integrated approach by the public authorities to protect children from information harmful to their health and development as a solution of such an important issue as the protection of children from the negative impact of information can not be solved only by the adoption of a normative legal act.

On realization of national policies to respect the legitimate rights and interests of children adopted  a number of public sector programs on children’s rights to education, health, culture and social welfare. However there is no program document – the state policy concept in the field of moral and spiritual education of children, which is a value-normative basis of interaction of educational institutions with other subjects of socialization – family, community organizations, religious associations, institutions of additional education, culture and sports media.

Lack of the Concept of the state policy in the sphere of moral and spiritual upbringing and development of the younger generations, led to that the Law of RK “On the Rights of the Child in the Republic of Kazakhstan” in paragraph 1 of Article 36 the words “moral and spiritual development,” the developer proposes to replace the words “and development”, though in paragraph 1 of article 39 (in the new edition), these words are stored. Unjustifiably ignored the words “moral and spiritual development” and the Law “On protection of children from information harmful to their health and development”, while paragraph 2 of Article 15 of the five sub-items directly related to the moral and spiritual development of children, namely information ” 2) provocative children to antisocial and illegal activities; 3) containing the special sexually erotic nature; 4) containing the description and (or) the image of sexual violence; 5) propagandizing  non-traditional sexual orientation-tion; 6) containing profanity.

Spiritual and moral education is a leading component of the all-round development of the individual systems. Significant socio-economic changes in the country and the world, the imposition of mass culture in the context of globalization and westernisation, the universalization of the customs and traditions exacerbated a number of problems in the sphere of education of the younger generation: the lack of a unified system of spiritual, moral and cultural values; unformed ideas of students about themselves as the subject of Kazakhstan’s society; the loss of some of the national and cultural traditions; lack of ability to withstand stress and destructive external influences; decline of educational influence of the family; spiritual and moral impoverishment of the society, etc.

The authors used the laws Model Law of CIS member states “On the protection of children from information harmful to their health and development” and russian experience. However at borrowing unreasonably ignored the provisions of the laws of the Republic of Kazakhstan relating to minors, which has a negative impact on a number of regulations of both laws.

In conclusion, once again we note that although the laws meet the standards, principles and provisions of the Constitution of the Republic of Kazakhstan and to the international obligations of the Republic of Kazakhstan, however they do not fully comply with the ideas of the Constitution laid in its Preamble “realizing of their high responsibility to the present and future generations “. This aspect is explained by the fact that in the modern times of high technology it is practically impossible to protect the younger generation from the negative impact of information which can be provided only in the radical conditions when they do not have any access, for example, to the Internet. Of course, as an example, during the Soviet era, when the younger generation were completely protected from the negative impact of information. At the same time, this aspect in modern times is probably not acceptable, however, we should recognize the practical unresolved the issue for the majority of democratic countries.

It should be emphasized that the authorities of the country should take the necessary steps to develop a unified strategy morals and spiritual upbringing and development of the younger generation. Only by adopting such necessary measures to some extent, can be protected the constitutional rights of children to protect against the negative information.

Literature:

1. Гольцева Л. Интернет – не ответ // Время. 2015. 26 марта. С. 20.
2. Закон Республики Казахстан о ратификации Конвенции ООН «О правах ребенка» 1989 г. // Ведомости Верховного Совета Республики Казахстан. – 1994. – № 4-5. – Ст. 68.4
3. Конституция Республики Казахстан, принятая на республиканском референдуме 30 августа 1995 года // Источники: ИС ПАРАГРАФ и WWW http://online.zakon.kz.
4. Ведомости Парламента РК. – 2002 г. – № 17. – Ст.154.
5. Источник: ИС ПАРАГРАФ, 25.02.2015 18:21:37.
6. Ведомости Верховного Совета Республики Казахстан. – 1994. – № 4-5. – Ст. 68.
7. Указ Президента Республики Казахстан от 1 февраля 2010 года № 922 «О Стратегическом плане развития Республики Казахстан до 2020 года» об утверждении Государственной программы развития здравоохранения Республики Казахстан «Саламатты Қазақстан» на 2011–2015 годы // http://adilet.zan.kz/rus/docs/U1000001113
8. Концепция духовно-нравственного развития и воспитания личности гражданина России. Проект (А. Я. Данилюк, А. М. Кондаков, В. А. Тишков) // Вестник образования. – 2009 (сентябрь). − № 17. Официальное справочно-информационное издание Министерства образования и науки Российской Федерации – www.vestnik.edu.ru/proect.html