THEORETICAL AND LEGAL ANALYSIS OF THE ESSENCE, CLASSIFICATION AND FUNCTIONS OF CHILD’S RIGHTS IN THE CONTEXT OF ALTERNATIVE CARE

The article is dedicated to a comprehensive theoretical and legal analysis of child rights as an independent intersectoral category of international and national law. The concept, essence, and key characteristics of child rights – universality, inalienability, specificity, comprehensiveness, and international legal conditioning – are revealed, forming a special legal regime for protecting childhood. Based on the 1989 UN Convention on the Rights of the Child and the legislation of the Republic of Uzbekistan, including the Law “On Guarantees of the Rights of the Child” and the Family Code, the existing classification approaches are systematized: from the 3Ps (Provision – Participation – Protection) model and its modifications to the division of rights into personal non-property and property. Particular attention is paid to the functional purpose of child rights: protective, developmental, socializing, guaranteeing, communicative, and preventive functions are identified and characterized in their interconnection. The author’s central contribution is the substantiation of the expanded 3P + G model, where the fourth component – institutional guarantees – includes procedural protection mechanisms, the child’s right to independent representation, and a system for constant monitoring of guardianship conditions. The proposed model is justified in relation to alternative care situations, where the increased vulnerability of a child deprived of parental care objectively requires institutional strengthening of existing guarantees.

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