Kseniya Barysheva, Fatima Mamedova

Restrictions on Father’s Rights in Criminal Law

2023. No. 4. P. 282–305 [issue contents]
In international and Russian criminal law, the issue of limitations on parental rights, particularly those of fathers, is among the most pressing and complex matters. Ensuring gender equality between women and men is an important task for the state. Inequality is also evident in the protection of family values, as, for example, the article will analyze the question of the lesser protection of fatherhood in Russia and the shift in focus towards motherhood, as demonstrated by the provisions of criminal law. The problem is seen as significant because contemporary trends indicate that society is gradually moving away from the unconditional dominance of women in matters of child-rearing. In certain countries, women still are compelled to defend their rights are infringed upon at the legislative level, while in most developed countries laws meticulously protect the interests of mothers in various aspects of public life. In some cases, one can even speak of gender discrimination against men. The Russian Federation can be considered as belonging to this group of countries based on several criteria. In this article, an attempt is made to analyze Russian criminal legislation for legal norms containing signs of restrictions on fathers’ rights. The authors explore the reasons for the insufficient protection of fathers’ rights and the diminishing role of fathers in child-rearing in the context of discrimination. This article contributes to a deep understanding of the issue and can be valuable for legislators, specialists in family law, and anyone interested in family and parenting issues in Russia. The relevance of the raised topic is due to the fact that Russian criminal legislation continues to contain norms that contradict the principles of gender equality enshrined in the Constitution of the Russian Federation. When conducting the study, the following methods were inplemented: content analysis, induction, classification.
Citation: Barysheva K.A., Mamedova F.F. (2023) Restrictions on fathers’ rights in criminal law. Law. Journal of the Higher School of Economics. vol. 16, no. 4, pp. 282– 305 (in Russ.). DOI:10.17323/2072-8166.2023.4.282.305
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