UKRAINE: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity

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UN Human Rights Committee

CCPR/C/UKR/CO/1

Last reported: 8 and 9 July 2013                                                                 Concluding Observations published: 22 August 2013

Issues raised and recommendations given:

LGBT Rights: The Committee is concerned at reports of discrimination, hate speech and acts of violence directed at lesbian, gay, bisexual and transgender (LGBT) persons and violation of their rights to freedom of expression and assembly. It is further concerned at reports that according to Ministry of Health order No. 60 of 3 February 2011 “On the improvement of medical care to persons requiring a change (correction) of sex”, transgender persons are required to undergo compulsory confinement in a psychiatric institution for a period up to 45 days and mandatory corrective surgery in the manner prescribed by the responsible Commission as a prerequisite for legal recognition of their gender. The Committee also expresses its concern at two draft laws “on propaganda of homosexuality” introduced in Parliament: (1) No. 1155 “On the prohibition of propaganda of homosexual relations aimed at children” and (2) No. 0945 on “Introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children’s rights in a safe information environment)” that, if adopted, would run counter to the State party’s obligations under the Covenant (arts. 2, 6, 7, 9, 17, 19, 21 and 26). (Para. 10)

While acknowledging the diversity of morality and cultures internationally, the Committee recalls that all States parties are always subject to the principles of universality of human rights and non-discrimination. The State party should therefore state clearly and officially that it does not tolerate any form of social stigmatization of homosexuality, bisexuality or transexuality, or hate speech , discrimination or violence against persons because of their sexual orientation or gender identity. The State party should provide effective protection to LGBT persons and ensure the investigation, prosecution and punishment of any act of violence motivated by the victim’s sexual orientation or gender identity. It should also take all necessary measures to guarantee the exercise in practice of the rights to freedom of expression and assembly of LGBT persons and defenders of their rights. The State party should also amend order No. 60 and other laws and regulations with a view to ensuring that: (1) the compulsory confinement of persons requiring a change (correction) of sex in a psychiatric institution for up to 45 days is replaced by a less invasive measure; (2) any medical treatment should be provided in the best interests of the individual with his/her consent, should be limited to those medical procedures that are strictly necessary, and should be adapted to his/her own wishes, specific medical needs and situation; (3) any abusive or disproportionate requirements for legal recognition of a gender reassignment are repealed. The Committee finally urges the State party not to permit the two draft bills “on propaganda of homosexuality” to become law.

Domestic violence: While welcoming the efforts made by the State party to combat and eliminate domestic violence, the Committee is nonetheless concerned about the persistence of this phenomenon. The State party should strengthen its efforts to prevent and combat all forms of domestic violence, including by adopting a new law on prevention of domestic violence and ensuring its effective implementation. It should also facilitate complaints from victims, ensure that they are thoroughly investigated, that perpetrators are prosecuted and punished with appropriate sanctions and that victims, including children, have access to effective remedies and means of protection, including an adequate number of shelters available in all parts of the country. The State party should also ensure that law enforcement authorities, as well as medical and social workers are provided with appropriate training to deal with cases of domestic violence, and awareness-raising efforts should be continued to widely sensitize members of the public. (arts. 2, 3, 6 and 7). (Para. 14)

Roma community: While welcoming the steps taken by the State party to improve the situation of Roma, including the adoption of “the strategy on protection and integration of Roma minority into the Ukrainian society for the period up to 2020”, the Committee remains concerned at the prevalence of discrimination, including the difficulties encountered in access to personal documents, education, healthcare, housing and employment. The State party should increase its efforts to combat discrimination against Roma. It should create the necessary conditions for their social integration and equal access to social services, health care, employment, education and housing. The State party should remove any obstacles, including administrative, to ensure that all Roma are provided with personal documents, including birth certificates, which are necessary for them to have access to their basic rights. It should allocate sufficient resources for the effective implementation of the Strategy on protection and integration of Roma. (arts. 2, 16, and 26) (Para. 12)

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CCPR/C/UKR/CO/6

Last reported: 23 October 2006
Concluding Observations adopted: 2 November 2006

No mention of children's rights in this report.

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UN Human Rights Committee: Follow-up

No mention of children's rights in this report.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/UKR/CO/6

Last reported: 29 April 2014                                                                                       Concluding Observations published: 23 May 2014

Issues raised and recommendations given:

Poverty: The Committee notes with concern that high poverty rates remain amongst the most disadvantaged and marginalized individuals and groups, including Roma, Crimean Tatars, families with three or more children and with children under the age of 3, families with unemployed members, persons with disabilities, households comprised of retired persons, single-parent households, and immigrant families. (paragraph 17)

The Committee recommends that the State party guarantee that its social assistance system is effectively targeting the poor and ensure that adequate financial resources are allocated for the effective implementation of poverty reduction programmes and that these are adjusted accordingly when measures taken do not bring the expected positive impact.

Infant mortality:The Committee is concerned that, despite the progress made in decreasing the infant, child and maternity mortality rates, these rates remain high (art. 12). (paragraph 20)

The Committee recommends that the State party step up its efforts by improving the quality, availability and accessibility of medical assistance throughout the country.

Education: The Committee is concerned about the segregation of Roma children in education, with schools in the Transcarpathian and Odessa regions attended exclusively by Roma children, and about their overrepresentation in special education schools (arts. 2, para. 2, 13 and 14). (paragraph 25)

The Committee recommends that the State party ensures the effective enforcement of its anti-discrimination legislation and raise teachers’ and the general public awareness of these laws. It further recommends that the State party adopt an inclusive approach to the education of Roma children.

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E/C.12/UKR/CO/5

Last reported: 7 and 8 November 2007                                                            Concluding Observations adopted: 19 and 20 November 2007

Issues raised and recommendations given:

Domestic violence: The high incidence of domestic violence, in particular against women and children and the absence of a provision specifically criminalising domestic violence. (Para 19)

Child labour: reports indicate that more than 400,000 children below the age of 15 are working in the informal and illegal economy, in particular in illegal coal mines, in the sex industry and in street begging rings. The Committee urges the State party to intensify its efforts to combat child labour, including through systematic and effective labour inspections and urgent controls by social services, heavier sentences for persons who make use of illegal child labour, mandatory training for the police, prosecutors and judges, awareness raising campaigns for children and parents on the dangers of child labour and the importance of education, and assistance and reintegration for children engaged in child labour. (Para 21, 44)

Children living on the streets: There are several thousand children living on the streets in the State party and they are vulnerable to police abuse, sexual exploitation and forced labour, as well as to alcohol or drug addiction and health risks such as HIV and AIDS. Young persons leaving the reportedly poorly managed State-run school orphanages are particularly vulnerable to homelessness. The Committee urges the State party to a) allocate sufficient funds for the implementation of the State Programme to Combat Child Homelessness and Neglect (2006-2010), b) increase the capacity of and open new centres for homeless children and day centres for street children, c) ensure access to adequate food, health care and social protection for street children and children deprived of parental care, d) adopt urgent measures to provide these children and young persons leaving school orphanages with education, accommodation and adequate employment opportunities, and e) intensify its efforts to improve the living conditions in orphanages and seek alternative solutions for children placed in orphanages, such as foster families or family-type children's homes, and by ensuring an effective procedure of adoption by families. (Para 22, 45)

Education: The Committee recommends that the State party intensify its efforts to ensure adequate funding for the public education system. (Para 30, 53)

Roma children: There is a high drop-out rate among Roma children in primary and secondary education, refusals to enrol Roma children in mainstream schools are frequent and they are instead segregated in special classes or placed in special schools for children with mental disabilities. The Committee recommends that the State party adopt special measures, including subsidies for textbooks and other educational tools, in order to increase school attendance by Roma children at the pre-school, primary and secondary levels, combat discrimination against Roma pupils, promote their admission to mainstream schools and classes, raise awareness among Roma families on the importance of education, including for girls, and provide additional catch-up and Ukrainian and Russian language classes for Roma pupils. (Para 3, 55)

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UN Committee against Torture
 

CAT/C/UKR/CO/6

Adopted by the Committee: 18-19 November 2014

Issues raised:

Juvenile justice:

The Committee is concerned at the reports concerning the absence of a system of juvenile justice in the State party. (art. 2)The State party should establish a system of juvenile justice which promotes whenever possible alternative measures to deprivation of liberty and guarantees international standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), and the Guidelines for Action on Children in the Criminal Justice System (para.13).

 

CAT/C/UKR/CO/5

Last reported: 8 and 9 May 2007
Concluding Observations adopted: 18 May 2007

Issues raised and recommendations given:

The persistence of trafficking in women and children for sexual exploitation. (Para 14)

Domestic violence. The number of domestic violence cases brought to justice is extremely low, despite the high reported incidence of domestic violence. The Committee urges the State party to strengthen measures to prevent and combat trafficking and domestic violence, provide protection for victims and their access to medical, social rehabilitative and legal services, including counselling services, as appropriate. (Para 14)

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UN Committee against Torture: Follow-up

No mention of children's rights

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/UKR/CO/8

Concluding observations published: 3 March 2017

Last reported: 6 August 2015

Background information: Despite the State party’s efforts, the prevailing impunity for human rights violations and abuses committed in the context of the crisis in and around the State party, in particular certain areas of Donetsk and Luhansk regions, have had a severe impact on the civilian population, in particular women, including women and girls in disadvantaged situations, such as internally displaced women, rural women, older women and women with disabilities and Roma, LBT and other minorities. In particular, the Committee is concerned that this situation, along with pervasive corruption, has contributed to an increase of violence against women by State and non-State actors and to the reinforcement of traditional and patriarchal attitudes that limit women’s and girls’ enjoyment of their rights. The Committee calls upon the State party as a priority, to establish measures to effectively combat corruption and impunity and comply with its due diligence obligation to prevent, investigate, prosecute and punish violence perpetrated against women and girls by State and non-State actors (paras 10, 11).

Conflict-related sexual violence: The Committee urges the State party to ensure women’s and girls’ access to justice and adopt gender-sensitive procedures to investigate sexual violence; conduct training and adopt gender-sensitive codes of conduct and protocols for the police and military; and build the capacity of the judiciary so as to ensure its independence, impartiality and integrity (para 15).

Internally displaced women: The Committee is concerned at the increasing number of internally displaced women and girls in the State party, who are in need of a long-term intervention to ensure, inter alia, their access to basic services and protection. The Committee urges the State party to address the specific needs of different groups of internally displaced women who are subjected to multiple forms of discrimination, including widows, women with disabilities, older women, women belonging to Roma or LBT, and provide long-term interventions to address the needs of internally displaced women and girls; Ensure that internally displaced women and girls have adequate access to health services, education, food, shelter, free movement, registration, social benefits and opportunities to secure justice and durable solutions, as well as sustainable employment opportunities (paras 16, 17).

Violence against women: The Committee remains concerned at the high prevalence in the State party of violence against women, in particular domestic and sexual violence, which remain underreported, the lack of statistics disaggregated by age and relationship between the victim and the perpetrator. At the lack of shelters for victims of gender-based violence, including for women and girls with disabilities. The Committee recommends that the State party adopt comprehensive measures to prevent and address violence against women and girls and ensure that perpetrators are prosecuted and adequately punished; Provide adequate redress, assistance and protection to women who are victims of violence, including women and girls with disabilities, by establishing shelters, including in rural areas, and enhancing cooperation with non-governmental organizations that provide shelter and rehabilitation to victims (paras 28, 29).

Trafficking and exploitation of prostitution: The Committee notes with appreciation the efforts undertaken by the State party to combat trafficking and protect victims of trafficking, however, it is seriously concerned that the growth of unemployment, corruption, decline in living standard of the population, the ongoing crisis and unsufficient implementation of anti-trafficking legislation and action plans create favourable conditions for the alarming situation of widespread trafficking in the State party. The Committee recommends that the State partyAddress the root causes of trafficking by enhancing educational and economic opportunities for women and girls and their families, thereby reducing their vulnerability to exploitation by traffickers (paras 30, 31).

Education: The Committee notes with appreciation the high literacy rate among women. It also welcomes the development of the Strategy for Education (2020). However, the Committee is concerned at the persistence of negative and patriarchal stereotypes of women and girls in the school system curricula and textbooks. The Committee is further concerned that schools offer “life skills lessons” where girls are taught cooking and sewing, while boys are taught woodworking and carpentry, which also upholds traditional gender roles in society. It is concerned about an unequal access of female to the universities of the Ministry of Interior and Defence. The Committee is also concerned at the high dropout rates among girls belonging to Roma community (para 34).

The Committee recommends that the State party intensify its efforts to review school curricula and textbooks to eliminate negative stereotypes of women and girls; Ensure that the same curricula applies to boys and girls so that it offers the same “life skills lessons” to boys and girls, including through the usage of temporary special measures; Promote access for Roma girls to education and their retention at all levels of education, by raising awareness of the importance of education as a human right and as the basis for the empowerment of women, and strengthen the implementation of re-entry policies enabling Roma girls who have dropped out to return to school (para 35).

Employment: The list of occupations that are prohibited for women, which  covers a wide range of occupations and branches where there is no objective justification for the prohibition, thereby limiting women’s economic opportunities and access to responsibilities in a number of areas, in particular in the military forces, agriculture and industry; The Committee recommends that the State party promote the enterprise development and improve women’s and girls’ access to information technologies by enrolling them in programmes of computer literacy and securing their access to new technologies (paras 36, 37).

Health: The Committee is concerned at the increase in tuberculosis and sexually transmitted diseases and HIV/AIDS, among women and problem of alcoholism and drug addiction among women.    The Committee recommends that the State party provide effective access for women and girls to health-care information and affordable services, in particular regarding reproductive health and contraceptive methods, collect disaggregated data and provide training to medical and health professionals, in particular in rural areas (paras 38, 39).

Women with disabilities and older women: The Committee is concerned at the lack of public policies and measures to protect the rights of women and girls with disabilities, including their rights to inclusive education, health care, employment, housing and participation in political and public life, as well as at the absence of mechanisms to protect women and girls with disabilities from intersecting forms of discrimination and from violence and abuse. The Committee is also concerned at the alleged practice of forced sterilisation of women recognised as legally incapable, with the consent of her guardian and without her free and informed consent. The Committee is further concerned at the situation of older women and their lack of access to health care and to protection from violence and abuse (para 42).

The Committee recommends that the State party adopt comprehensive policies and programmes to protect the rights of women and girls with disabilities and older women, in particular those facing intersecting forms of discrimination ensuring their equal access to education, employment, housing, health care and other basic services and social protection and to promote their autonomy and access to community services and their participation in political and public life (para 43).

Marriage and family relations: The Committee notes with appreciation that the State party raised the minimum age for marriage to 18 for girls, however, it is concerned that the practice of marriage below 18 still persists in Roma communities. The Committee is also concerned that judges often resort to mediation, even in situations of domestic violence. The Committee is further concerned that gender-based violence against women in the domestic sphere is not taken into consideration by courts when ruling in cases of child custody and visitation. The Committee recommends that the State party enforce the strict application of the minimum age of marriage set at 18 years; Adopt legislation requiring that gender-based violence against women in the domestic sphere be taken into account in child custody or visitation decisions, and raise the awareness of the judiciary of the relationship between such violence and a child’s development (paras 46, 47).

CEDAW/C/UKR/CO/7

Last reported: 21 January 2010
Concluding Observations published: 28 January 2010

Issues raised and recommendations given:

Stereotypes found in school textbooks. The Committee urges the State party to intensify its efforts to overcome persistent stereotypes that are discriminatory against women, through human rights education, the training of teaching staff with respect to gender equality and the revision of educational textbooks to eliminate gender stereotypes. (Para 24, 25)

Trafficking: The root causes of trafficking amongst girls and women have not been sufficiently addressed, funding of shelters remains scarce and, in general, resources allocated to combating trafficking remain inadequate. The Committee asks the State party to address the root causes of trafficking, to accelerate adoption of legislation on trafficking, to provide sufficient funding for the effective implementation of the State Programme for the Prevention of Trafficking in Persons in Ukraine and of other measures aimed at combating human trafficking and to regularly monitor their impact. It urges the State party to take all appropriate measures, including allocating sufficient funding and establishing additional shelters for the rehabilitation and social integration of women and girl victims of trafficking. (Para 30, 31)

Discrimination: Disparities in the State party remain with respect to the minimum age of marriage for boys and girls, which is set at 18 and 17, respectively. The Committee calls upon the State party to ensure that the minimum age of marriage is raised to 18 for girls. (Para 40, 41)

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UN Committee on the Elimination of Racial Discrimination

Committee on the Elimination of Racial Discrimination

CERD/C/UKR/CO/22-23

Concluding reservations adopted: 26 August 2016

Roma: The Committee is concerned that: Roma continue to face difficulties in accessing education, housing and employment while they suffer from the effects of poverty; there is low school attendance and a high illiteracy rate among Roma children despite some improvements. The Committee recommends that the State party strengthen its efforts to firmly combat racial discrimination and prejudices against Roma and address the challenges that Roma continue to face in many areas, such as access to employment, education and housing; strengthen its measures to improve access to education for Roma children, reduce the illiteracy rate and the school attendance drop-out of Roma children (paras 21, 22).

 

Situation of Crimean Tatars: While noting measures taken by the State party to protect Crimean Tatars in particular those who fled Crimea after 2014, the Committee is concerned at reports that Crimean Tatars who went to regions under the authority of the State party face difficulties with regard to access to employment, social services and education and lack support. The Committee recommends that the State party increase its efforts, in consultation with Crimean Tatars community, to find durable solutions for an appropriate settlement of Crimean Tatars in Ukraine, including by providing or facilitating access to employment, social services and education and providing education in Tatar language to children. The Committee also recommends that the State party strengthen the measures aimed at ensuring favourable conditions for Crimean Tatars to preserve, develop and promote their identity, language and culture. The Committee further recommends that the State party, inter alia, provide adequate financial support to cultural organizations for their activities and create more opportunities for Crimean Tatars to promote and use their mother tongue in education and daily life (paras 23, 24).

CERD/C/UKR/CO/19-21

Last reported: 17 & 18 August 2011
Concluding Observations adopted: 29 August 2011

Issues raised and recommendations given: 

Outreach by extremist organisations: The Committee is also concerned about the reported growth in outreach activities by extremist organisations expanding their propaganda and using electronic social networks to address the youth of the country(art. 4 (a)).

The Committee further recommends that the State party resolutely counter the activities of extremist organisations including on the internet and adopt educational and awareness-raising measures to prevent and discourage the involvement of young sympathisers in extremist organisations and movements. (Paragraph 12)

Roma children: The Committee is alarmed by the limited effectiveness of legislative and policy measures addressing the issues relating to education of Roma and notes with concern the limited availability of education materials for education in, and on, Roma language and culture. The Committee is further concerned by reports of the enrolment of Roma children in special classes and failure to consult their parents (art. 5 (e) (v)).

The Committee recommends that the State party revise its legislation, policies and programmes to provide education to Roma children, and on Roma language and culture, in consultation with parents and concerned Roma organisations, and employ mediators as necessary, ensuring that schools are sensitive to their needs while preventing enrolment of Roma children to special classes where there are no objective grounds for assigning them thereto. (Paragraph 14)

While noting the progress in issuing the necessary identification papers to Roma without relevant identification documents including birth certificates, the Committee remains concerned that, while over 2000 Roma had been documented approximately 1700 persons still remain without such documents especially in light of the State party’s argument that the lack of evidence of ethnicity on part of the State party is a major factor in limiting the production of identification documents (art. 5 (a) and (e)).

The Committee urges that the State party issue as a matter of priority the necessary identification documents to all Roma in order to facilitate their access to the courts, legal aid, employment, housing, health care, social security, education and other public services. (Paragraph 15)

Birth registration: Despite the formation of a new State Migration Service in December 2010 and the adoption of the new migration policy in May 2011 aimed at facilitation, inter alia, of processing of about 2000 asylum claims per year, the Committee notes the need for well-founded decisions in the refugee status determination procedure, for asylum seekers to remain documented throughout the asylum procedure, and for children of asylum-seekers and stateless persons born in Ukraine to be registered and receive birth certificates (art. 5 (a) and (b)).

The Committee recommends that the State party: a) ensure well-founded decisions in the refugee status determination procedure, and fully ensure procedural safeguards and a proper assessment of asylum claims for all persons in need of international protection; b) ensure that all asylum-seekers remain documented throughout the asylum procedure, including the appeals stage, so that they do not face the risk of detention or refoulement while pursuing their asylum claims, and that adequate resources are available for the provision of interpretation to them, particularly in the courts and in places of detention so that they can enjoy meaningful access to justice; c) adopt legislative measures to ensure birth registration and the issuance of birth certificates to children of asylum-seekers and stateless persons born in Ukraine; and d) consider acceding to 1954 Convention relating to the Status of Stateless Persons and 1961 Convention on the Reduction of Statelessness. (Paragraph 20)

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CERD/C/UKR/CO/18

Last reported: 11 and 14 August 2006
Concluding Observations adopted: 17 August 2006

Discrimination. The Committee expresses concern about the shortage of publications, in particular textbooks for schoolchildren, in minority languages other than Russian, and about reports that some textbooks contain historically inaccurate information about minorities. The Committee encourages the State party to promote the publication of textbooks for schoolchildren in minority languages, including the languages of Roma and Crimean Tatars, and to ensure that all ethnically discriminatory content is eliminated from existing textbooks. (Para 16).

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UN Committee on the Elimination of Racial Discrimination: Follow-up

7 March 2008

In response to the State's provision of a follow-up report, the UN Committee "commends the State party for introducing the Homeless Citizens and Neglected Children (Social Protection) Act that will enable persons without a fixed abode, such as many Roma, to obtain identity papers. In this respect the State party is requested to provide information on the number and ethnicity of persons who have received identity papers based on this Act and to confirm that the identity documents supplied under this Act are the same and give the same rights as identity papers supplied for persons with fixed addresses."

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UN Committee on Migrant Workers

Not yet ratified.

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/UKR/CO/1

Last reported: 19 and 20 August 2015
Concluding Observations adopted: 4 September 2015

Issues raised:

Women with disabilities (art. 6): The Committee is seriously concerned about the reports of trafficking, sexual abuse and exploitation of women with disabilities in institutions. It is also concerned that laws and policies of the State party promoting the equality of women do not take into account the situation of women with disabilities. Furthermore, it is concerned about the lack of data on gender-based violence against women with disabilities and the lack of access for women with disabilities to temporary shelters and services aimed at victims of domestic violence. (para 11)

The Committee recommends the State party to take all necessary measures to conduct prompt and effective investigation into all reports of trafficking, sexual abuse and exploitation of women and girls with disabilities in institutions and prosecute and adequately punish perpetrators as well as take measures to provide remedies to victims of such crimes. The Committee also recommends that the State party ensure that all its policies and regulations on gender equality and combatting gender based violence address the situation of women and girls with disabilities. Furthermore, it urges the State party to revise its normative standards in order to provide access for all women and girls with disabilities who are subjected to violence, including physical access to its shelters and services aimed at victims of domestic violence. (para 12)

Children with disabilities (art. 7): The Committee is deeply concerned about the reports of abandonment of children with disabilities in conflict areas of eastern Ukraine and widespread institutionalization of children with disabilities throughout the country. It is particularly concerned about the reports of sexual abuse and exploitation of children with disabilities in institutions and their trafficking abroad. It is also concerned about the poor conditions in care institutions for such children, including lack of rehabilitation programmes and lack     of privacy, and is particularly alarmed about the reports of deaths of children with disabilities in institutions due to malnutrition related illnesses. (para 13)

The Committee calls upon the State party to ensure the safety of all boys and girls with disabilities in its conflict affected areas by all possible means and especially those living in institutions to be among the priority groups to be evacuated in emergencies. The Committee also urges the State party to take prompt measures to investigate the reports of sexual abuse, exploitation and trafficking of boys and girls in institutions and prosecute and punish perpetrators. Furthermore, it recommends to strengthen its efforts for deinstitutionalization and, in the interim period, provide boys and girls with disabilities in institutions with adequate standards of living including quality nutrition and access to privacy. (para 14)

Accessibility (art. 9): The Committee is concerned that implementation of the 2009 action plan “Ukraine without Barriers” by public and private entities is not monitored. It is also concerned that under the Regulation of the Urban Planning Act of 2011 constructors are no longer required to obtain experts examination of buildings in terms of their accessibility. Furthermore, the Committee is concerned that most public facilities, including health and education facilities and communication services remain inaccessible for persons with  disabilities, including children. (para 17)   

The Committee recommends the State party to efficiently implement its plan “Ukraine without Borders” and monitor implementation of accessibility standards by: (a) clearly defining the organs with the mandate to monitor the implementation at all levels; (b) capacity-building and continuous training in charge of monitoring ; (c)involving organizations of persons with disabilities in the implementation and monitoring; and (d) imposing effective sanctions on those who fail to apply accessibility standards. (para 18)

The Committee calls upon the State party to ensure access to premises open to the public for persons with disabilities, including children and especially deaf persons, blind persons and persons with intellectual disabilities, by providing sign language interpretation, Braille print signage, and augmentative and alternative communication, and all other accessible means, modes and formats of communication, such as pictograms. In doing so, the Committee recommends to consult its General comment no. 2 (2014) on accessibility. (para 19)

Right to life (art.10): The Committee is concerned about the reports that children with disabilities from institutions are at high risk to be targeted for trafficking of organs by organized crime groups. (para 20)

The Committee urges the State party to implement immediate protection measures for children with disabilities who remain institutionalized and take measures to eliminate any risks of organ trafficking involving children with disabilities. The Committee also recommends to carry out systematic monitoring of institutions for children with disabilities. (para 21)

Freedom from torture or cruel, inhuman or degrading treatment or punishment, exploitation, violence and abuse (art. 15 and 16): The Committee is concerned about the various forms of abuse, including those that can amount to cruel, inhuman or degrading treatment against persons with disabilities, particularly boys and girls in condition of institutionalization. (para 32)

The Committee recommends that the State Party evaluate the impact and effectiveness of its training programs for the prevention and absolute prohibition of torture and ill-treatment according to the concluding observations     of the Committee against Torture (CAT/C/UKR/CO/6-PARA 18 (e)). These training programs should incorporate, explicitly, the prevention of cruel, inhuman or degrading treatment against persons with disabilities. (para 33)        

Respect for home and the family (art.23): The Committee is concerned about the reports of pressure on families imposed by public officials and professionals to place their children with disabilities in institutions and deny the right of persons with disabilities to a family life. (para 42)   

The Committee recommends that the State party take measures to provide necessary support to families with children with disabilities in order to guarantee the right of children with disabilities to grow up in a family environment and right to have a family life. (para 43)

Education (art. 24): The Committee notes with deep concern that special segregated schools still remain the predominant form of educating children with disabilities. It regrets that the State party has not introduced universal design and reasonable accommodation principles in its legislative framework on education, and lacks measures such as training teachers and other professionals, providing architectural access to school premises and other support mechanisms to develop quality inclusive education. (para 44)       

The Committee recommends the State party to introduce the right to inclusive quality education, including universal design and reasonable accommodation in its legislation on education. The Committee calls upon the State party to intensify its efforts and allocate sufficient financial and human resources for training for all teachers, accessibility of school environments and educational facilities, material and curricula, including information and communications and provision of individual support. (para 45)

Health (art. 25): The Committee is concerned about the reports that persons with disabilities face difficulties accessing health care, particularly in accessing medicines and rehabilitation services and that persons with disabilities in rural areas have limited access to healthcare facilities. The Committee is furthermore concerned that women and girls with disabilities have restricted access to information on sexual and reproductive health and family planning. (para 46)       

The Committee calls upon the State party to ensure that all persons with disabilities have access to timely and quality health care services both in rural and urban areas, including by providing access to medicines and rehabilitation services and providing information and services on sexual and reproductive health and family planning, especially to women and girls with disabilities. (para 47)

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UN Committee on Enforced Disappearance

Not yet ratified.

Countries

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