Methodological foundations of the cognition of children's rights

Abstract

The purpose of the study is to study the techniques and methods of cognition of legal phenomena, to conduct a scientific analysis of the rights of the child as a legal phenomenon, to identify general patterns, and to formalize and generalize the rights of the child at the global and national levels. The methodological basis of the study was the use of a set of methods necessary for the realization of the scientific goal and the fulfillment of the tasks set, in particular: analysis of the rights of the child in international documents and legislation of Ukraine, the method of generalization, hermeneutics for the interpretation and processing of texts of normative and doctrinal sources, other philosophical, general scientific and special methods. The scientific novelty is that the author for the first time considers the rights of the child as a legal phenomenon that has specific features depending on the subject, types and age of the child. The author highlights the methodological foundations of cognition of children's rights at each stage of their development and suggests the use of a number of the above methods. The scientific tools for cognizing the rights of the child are structured. The study of children's rights is a complex and multifaceted process of human thinking which is necessary for improving legal mechanisms and protecting the rights of minors. The methods and techniques of cognition depend on the specifics of the legal phenomenon and the field of cognition. However, the scientific approaches, methods and principles of scientific research of children's rights considered in our study should be applied in a comprehensive manner, avoiding contradictions and refutation of the results obtained using various tools. All these methodological tools prove their value at every stage and in every segment of the study. Depending on the object of knowledge, it is obvious that a certain methodological toolkit prevails for the realization of a specific research task. Based on the study, a number of generalizations have been formulated, including the following: scientific cognition of children's rights is impossible without a well-chosen methodology; the methodology of scientific cognition of children's rights is a complex phenomenon which encompasses the structure and system of legal scientific knowledge, its theories and concepts. The methodological foundations of cognition of children's rights form a multi-level system that is developed by the principles of scientific knowledge, the dominant worldview, the type of scientific thinking, philosophical foundations, scientific paradigms, methodological approaches and scientific methods