Publication date: 07.07.2024
Protection of children's rights in Ukraine: Legal regulation and enforcement mechanisms
Introduction
Protecting children's rights is a priority for any state, as children are the most vulnerable category of the population. In Ukraine, the system of child protection is based on international standards enshrined in the UN Convention on the Rights of the Child, as well as national legislation that regulates various aspects of ensuring their rights and interests. In this article, we will look at the main legal provisions, mechanisms and bodies that ensure the protection of children's rights in Ukraine.
Legal framework
The legal regulation of child protection in Ukraine is based on the following key legal acts:
- TheConstitution of Ukraine - guarantees the fundamental rights and freedoms of children and obliges the state to protect their interests.
- TheUN Convention on the Rights of the Child, an international treaty ratified by Ukraine, sets standards for the protection of children's rights.
- Family Code of Ukraine - regulates the issues of guardianship, custody, adoption and protection of children's rights in family relations.
- TheLaw of Ukraine "On Protection of Childhood " defines the basic principles of state policy in the field of childhood protection.
- TheLaw of Ukraine "On Prevention and Counteraction to Domestic Violence " - includes provisions on the protection of children from domestic violence.
- TheCriminal Code of Ukraine - provides for liability for crimes against children.
- Other legal acts - includes resolutions of the Cabinet of Ministers of Ukraine, orders of ministries and agencies detailing the procedure for protecting children's rights.
Basic principles of child protection
1. Best interests of the child
All decisions concerning children must be made with their best interests in mind. This is a basic principle that takes precedence over all other considerations.
2. Non-discrimination
All children have equal rights, regardless of their race, colour, gender, language, religion, national or social origin, property, birth or other status.
3. The right to life, survival and development
The state must ensure the right of every child to life and promote their physical, mental, spiritual, moral and social development.
4. Respect for the views of the child
Children have the right to express their views on all matters affecting them, and these views should be taken into account in accordance with the age and maturity of the child.
Bodies ensuring the protection of children's rights
1. Ministry of Social Policy of Ukraine
This body coordinates activities on the protection of children's rights, develops and implements state policy in the field of child protection, and ensures the fulfilment of Ukraine's international obligations on the protection of children's rights.
2. Services for children
These bodies operate at the local level and provide direct protection of children's rights, in particular in cases of violation of their rights, improper performance of parental duties, abuse, etc.
3. Ukrainian Parliamentary Commissioner for Human Rights
This institution ensures control over the observance of children's rights, considers complaints about violations of children's rights, and monitors the observance of children's rights in Ukraine.
4. Guardianship and custody agencies
They protect the rights of children without parental care and children in difficult life circumstances.
5. Police
The police protect children's rights in cases of violence, abduction, abuse or other criminal acts.
Mechanisms for the protection of children's rights
1. Judicial protection
Children or their legal representatives may apply to the courts to protect their rights and interests. The court considers cases of deprivation of parental rights, guardianship and custody, adoption, protection from violence, etc.
2. Administrative protection
State and local authorities take administrative measures to protect children's rights, including conducting inspections, issuing orders, applying administrative sanctions, etc.
3. Right to education
Children have the right to free education in state educational institutions. The state ensures equal access to quality education, including for children with special educational needs.
4. Social protection
The State shall ensure social protection of children, in particular by providing financial assistance to low-income families, orphans and children deprived of parental care.
5. Health care
Children have the right to free medical care in state healthcare institutions. The state ensures access to medical services, in particular for children with disabilities.
Protection of children from violence and cruel treatment
1. Preventing and combating domestic violence
The Law of Ukraine "On Preventing and Combating Domestic Violence" provides for mechanisms to protect children from domestic violence, including the provision of temporary shelter, psychological assistance, legal advice and medical care.
2. Protection against exploitation and trafficking of children
Ukraine has ratified international conventions aimed at combating the exploitation and trafficking of children. The state takes measures to detect and stop such crimes and provides assistance to child victims.
3. Protection of children's rights in armed conflict
In the context of armed conflict, the state is obliged to ensure the protection of children's rights, in particular through evacuation from dangerous areas, provision of humanitarian aid, medical care and psychological support.
Responsibility for violations of children's rights
1. Administrative liability
For violations of children's rights, including improper fulfilment of parental responsibilities, ill-treatment, violation of the rights to education, healthcare and social protection, individuals may be held administratively liable in the form of fines or other administrative penalties.
2. Criminal liability
The Criminal Code of Ukraine provides for liability for crimes against children, including violence, abduction, exploitation, trafficking in children and other crimes. Such acts may result in criminal liability, including imprisonment.
3. Disciplinary liability
Officials who commit violations of children's rights in their work may be subject to disciplinary action, including reprimands, demotion or dismissal.
Practical tips for ensuring children's rights
1. Know your rights
Children and their legal representatives should be aware of their rights and obligations under Ukrainian law and international treaties ratified by Ukraine.
2. Appeal to the relevant authorities
In case of violation of rights
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