Such cases were reported from many cities in Ukraine.
Such cases were reported from many cities in Ukraine.
The youngest citizens have rights that the state has committed itself to in its Constitution. The assessment of the situation in the field of protection of children’s rights in Ukraine is constantly carried out by state structures.
Ukraine must also report to the world community on how it ensures the rights of its citizens: on May 15, 2003, our country signed the UN Convention on the Rights of the Child. This international instrument contains a comprehensive set of international legal standards for the protection and provision of appropriate conditions for the upbringing of children.
Each state that has signed this Convention is obliged to prepare a national report on the situation of children in their countries, using the same indicators. In addition, relevant data are provided by non-governmental organizations at the national and regional levels in order to be able to objectively assess the implementation of children’s rights in a particular country.
According to the State Report on the Situation of Children in Ukraine (following the results of 2003), 24,000 children are being educated in so-called educational institutions, institutions for orphans and children deprived of parental care, of which 12,590 are in boarding schools, 4764 – in orphanages of the Ministry of Education and Science, 3406 – in orphanages of the Ministry of Health, 3128 – in orphanages of the Ministry of Labor and Social Policy of Ukraine.
The legislation of Ukraine guarantees a number of benefits and assistance to orphans and children deprived of parental care. At the same time, social orphanhood is gaining alarming proportions. Children of Ukraine are orphaned with living parents: every year about six thousand children are left without parental care. At the same time, not all Ukrainian citizens can adopt or adopt those who find themselves in a boarding school due to the low level of material security.
Ensuring optimal living conditions for orphans and children deprived of parental care are the tasks set by children’s social and educational institutions. In the matter of upbringing and keeping children in boarding schools, our state has certain achievements: new educational technologies are being introduced; boarding school students are involved in secondary schools; mini-enterprises, shops, mini-bakeries are created at boarding schools, which partially helps to solve financial problems, vocational guidance centers are opened. However, lab reports writers a significant part of orphanages and boarding schools has a weak material and technical base, in need of repair of residential and office premises. Pupils of boarding schools are provided with clothes and shoes by 60-70%. The administration of children’s institutions is forced to solve the material needs of children at the expense of sponsorship funds, which are very difficult to obtain.
There are also problems with the placement of children after graduation. For most students, the intention to continue their education means, first of all, the opportunity to get a place in a dormitory, financial support in the form of a scholarship, other benefits established by the state. For 41%, the most important thing in employment is solving the housing problem.
This year the Verkhovna Rada of Ukraine adopted the Law on Ensuring Organizational and Legal Conditions for Social Protection of Orphans and Children Deprived of Parental Care, which, in particular, states: “… orphans and children have the right to full state support in educational institutions. , deprived of parental care, under the age of 18 and persons from among orphans and children deprived of parental care, while continuing education up to 23 years.
Orphans and children deprived of parental care who study, in addition to full state support, are paid a scholarship in the amount of 50 percent higher than the amount of the scholarship in the relevant educational institution, as well as paid 100 percent of wages accrued during the period of production. training and internships. Orphans and children deprived of parental care who are studying are paid an annual allowance for the purchase of educational literature in the amount of three monthly scholarships until the end of their studies. Payment of this assistance is made within 30 days after the beginning of the school year at the expense of funds provided for educational institutions in the relevant budgets.
When persons from among orphans and children deprived of parental care who are studying are granted academic leave on the basis of a medical report, full state support is maintained for the entire period of academic leave and a scholarship is paid. The educational institution promotes the organization of their treatment. Graduates of educational institutions from among orphans and children deprived of parental care are provided with clothes and shoes at the expense of the educational institution, as well as one-time financial assistance in the amount of two subsistence minimums. Standards for providing clothing and footwear are approved by the Cabinet of Ministers of Ukraine.
At the request of graduates of educational institutions, they may be issued monetary compensation in the amount necessary for the purchase of clothing and footwear. Cost of full state provision in cash equivalent for children aged from birth to three years, from three to seven years, from seven to ten years, from 10 to 14 years, from 14 to 18 years and persons from among orphans and children deprived parental care , up to 23 years is determined in accordance with the Law of Ukraine "On subsistence minimum". State social standards, norms of consumption, norms of provision are the same for all orphans and children deprived of parental care, regardless of the form of their placement and maintenance, and are approved in accordance with the law.
Thus, to some extent, the problems of independent living are solved for those who go to study at vocational and higher education institutions. It is more difficult for those who have to start working immediately after graduation. The provision of such children with housing and jobs is legally defined, but in reality these guarantees are practically not implemented. By the way, in case of refusal to hire young citizens within the established quota, the state employment service, in accordance with Article 5 of the Law of Ukraine "On Employment" may apply penalties for each such refusal in the amount of fifty times the non-taxable minimum income. In 2002, 455 violations were detected at enterprises, institutions and organizations, for which fines totaling 334.6 thousand hryvnias were imposed. However, these funds benefit the state, not boarding school students, who are left without money and without work.
The problem of orphanhood in Ukraine raises another problem. Children left behind by parents who do not enter or escape from the boarding school often fall victim to traffickers. They are sold for organ transplants or for sexual or labor exploitation.
How is our state struggling with this phenomenon? Article 149 of the Criminal Code of Ukraine establishes:
1.Sales, other paid transfer of a person, as well as the implementation of any other illegal agreement related to legal or illegal movement with his consent or without consent across the state border of Ukraine for further sale or other transfer to another person (persons ) for the purpose of sexual exploitation, use in pornography, involvement in criminal activity, involvement in debt bondage, adoption (adoption) for commercial purposes, use in armed conflicts, exploitation of her labor – shall be punishable by imprisonment for a term of three to eight years.
2. The same acts committed against a minor, several persons repeatedly, by prior conspiracy by a group of persons, using official position or a person from whom the victim was materially or otherwise dependent, – shall be punishable by imprisonment for a term of five to twelve years. with or without confiscation of property.
3. Actions provided for in parts one or two of this article, committed by an organized group or related to the illegal removal of children abroad or their non-return to Ukraine, or for the purpose of removing organs or tissues from a victim for transplantation or forced donation, or if they caused severe consequences – punishable by imprisonment for a term of eight to fifteen years with confiscation of property.
Experts emphasize that, according to the text of the article, it is possible to prosecute for the implementation of any illegal agreement on the transfer of a person only if there is a movement across the state border of Ukraine.
Thus, the law does not cover situations where such actions take place within Ukraine. The problem of protection of victims of child trafficking and their rehabilitation, development of guidelines at the national level for the protection of victims before, during and after the criminal investigation also needs attention. Even if the fact of selling or using a child for sexual or labor exploitation is proved, it is difficult for victims to obtain compensation. A person accused of child trafficking can be imprisoned for 15 years, with his or her belongings and property confiscated. However, when it comes to a civil lawsuit for compensation for moral and material damage to the victims, it turns out that the property and money have already been confiscated and there is nothing to recover.
If, according to a court decision, confiscation is ordered, it often happens that the victim again cannot receive compensation through the court. As a rule, people involved in human / child trafficking try to prevent property. Officially, they also have no funds in a bank account. In addition, the injured party may file a claim for a larger amount than the court will suggest, and the convict may not have any funds in the account at all – only an apartment. Complicating this process is the fact that it is very difficult for the affected orphans to find representatives who would defend their rights in court.
"According to the Council of Europe, newborns are being stolen in Ukrainian hospitals and used for organ transplants. I am convinced that there were abductions in Ukraine," said Ruth-Gabi Vermot, a speaker of the Council’s Parliamentary Assembly, during a visit to Kyiv in 2005. – Such cases were reported from many cities of Ukraine.