UKRAINE: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

-----------------------------------------------------

High incidence of domestic violence

UN Human Rights Committee (Concluding Observations, August 2013)

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)

UN Committee on Economic, Social and Cultural Rights (Concluding Observations, November 2007)

The Committee is gravely concerned about the high incidence of domestic violence, in particular against women and children and the absence of a provision specifically criminalising domestic violence. (Paragraph 19)

UN Committee against Torture

CAT/C/UKR/CO/5
Last reported: 8 and 9 May 2007
Concluding Observations adopted: 18 May 2007

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. (Paragraph 14)

Universal Periodic Review (October 2012)

P - 97.76. Continue to strengthen provisions to address domestic violence, and programmes to reinforce mechanisms for the protection of women and children (Chile);

Universal Periodic Review (May 2008)

- 15. To take measures to criminalize domestic violence in accordance with the recommendations of the Committee on Economic, Social and Cultural Rights; to continue to fund and set up victim-centric services for women and children dealing with domestic violence (Canada);

----------------------------------

Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

While noting amendments to article 149 of the Criminal Code on human trafficking providing for special provision relating to “minors”, the Committee remains concerned that the Criminal Code is still not in full conformity with the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. While furthering acknowledging numerous efforts in the area of trafficking, including the adoption of a national programme for countering human trafficking (2007 – 2010), the Committee remains concerned that Ukraine remains one of the largest source countries of trafficking in Europe. In this regard, it regrets the lack of information on prosecutions of persons engaged in trafficking of children and notes the need for targeted information and awareness-raising campaigns as an essential prevention tool. (Paragraph 79)

UN Committee against Torture

(CAT/C/UKR/CO/5)

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

The Committee remains concerned about the persistence of trafficking in women and children for sexual exploitation. (Paragraph 14)

UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/UKR/CO/7)

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

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. (Paragraphs 30, 31)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Date: 15 March 2006

October 2006A/HRC/4/Add.2Report by Juan Miguel Petit

The trafficking in children through and from Ukraine is a very big problem and a severe reality which needs profound solutions and innovative ways of combating and preventing it. According to the data provided by IOM, 10 per cent of all victims of trafficking who are known to return to Ukraine, either voluntarily or not, are aged between 13 and 18. Most of them are girls trafficked into sexual exploitation. Boys are also part of child trafficking mostly as cheap labour (for unskilled jobs or to peddle drugs). (Paragraph 48)

Universal Periodic Review (May 2008)

57- 12. To continue to assess effectively the protection of the rights of the child, including child trafficking, the fight against child prostitution and pornography and child labour (Italy) ;

----------------------------------

Stereotypes in school text books

UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/UKR/CO/7)

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

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. (Paragraphs 24, 25)

UN Committee on the Elimination of Racial Discrimination

(CERD/C/UKR/CO/18)

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

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. (Paragraph 16)

Universal Periodic Review (May 2008)

- 31. To develop a national strategy for human rights education in the school system in accordance with the Plan of Action 2005-2009 of the World Programme for Human Rights Education, including the review and revision of curricula and textbooks, the training of teachers and the practice of human rights in the school community (Italy);

----------------------------------

Exploitative child labour, including in the sex trade

Committee on the Rights of the Child (Concluding Observations, February 2011)

CRC.C.UKR.CO.4

While noting that worst forms of child labour is prohibited in the State party, the Committee reiterates the concern of the Committee on Economic, Social and Cultural Rights (E/C.12/UKR/CO/5(2008),para.21) relating to the high number children below the age of 15 working in the informal and illegal economy, in particular in illegal coalmines, in the sex industry and in street begging rings. The Committee remains deeply concerned at the number of children working in mines and at challenges in identifying child labour in the informal sector, as acknowledged by the State party delegation during the dialogue. The Committee is further concerned at the extent of violations of existing labour law regarding children, including the employment of children under difficult and hazardous conditions. While welcoming information in the written replies to its list of issues on labour inspections undertaken by Gosnadzortruda of the State Department of Observance of Labour Legislation, the Committee is concerned that it lacks authority to monitor the informal sector of the economy as well as child labour in the family. (Paragraph 73)

UN Committee on Economic, Social and Cultural Rights

(E/C.12/UKR/CO/5)

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

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. (Paragraphs 21, 44)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Date: 15 March 2006

October 2006A/HRC/4/Add.2Report by Juan Miguel Petit

Child prostitution in Ukraine has increased in recent years. According to a survey by the Ukrainian Institute of Social Studies, in 2001-2002 among females who engaged in commercial sex 11 per cent were minors of 12 to 15 years, while 20 per cent were minors of 16 to 17 years. […] According to police records, 5,300 people are involved in the prostitution business in Ukraine. Therefore, real figures regarding the number of minors engaged in the commercial sex sector are higher than the survey would have shown. (Paragraph 54)

CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182)

Ukraine (ratification: 2000) Published: 2010

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children.

The Committee had previously noted that, according to the ILO-IPEC publication entitled "Child trafficking - the people involved: a synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine", 2005 (pages 14-15), Ukraine is not only a source of trafficking victims but also an important transit route from other countries in the region. Children trafficked are generally between 13 and 18 years of age. Girls are most likely to end up in sexual exploitation, while boys are used as cheap labour or to peddle drugs. The Committee had also noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.191 of 9 October 2002, paragraph 66) expressed concern at the large-scale trafficking of children, in particular girls, for the purpose of sexual and other forms of exploitation. The Committee had observed that section 149 of the Penal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, and use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor.

----------------------------------

High number of children deprived of their family environment and the poor quality of State care for these children

UN Committee on Economic, Social and Cultural Rights (November 2007)

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)

Committee on the Rights of the Child (Concluding Observations, February 2011)

CRC.C.UKR.CO.4

The Committee is concerned at the high rates of children deprived of their family environment at birth and in later stages of childhood. In this regard, the Committee notes with concern that the Family Code (article 143, paragraph 3) condones the abandonment of children born with serious physical or mental disabilities and under other “circumstances of importance”. The Committee is further deeply concerned at the insufficient number and poor quality of State services aimed at protecting and assisting families with children, and at the absence of a monitoring and evaluation system of such services. While noting a decline in court rulings terminating parental rights during the past three years, the Committee is alarmed at the persistently high number of removal of parental rights, leaving the number of children deprived of their family environment unacceptably high. (Paragraph 43)

The Committee is deeply concerned at the drastic increase in the number of children deprived of their family environment due to poverty, unemployment, breakdown of families, labour migration. While noting the approval of the State Programme for reforming the child protection system (Res No 1242, Cabinet of Ministers) and increased efforts to develop further a system of alternative care such as foster families and family-type children’s home, the Committee is concerned that, in the absence of a clear reform strategy, focus has not yet shifted towards deinstitutionalisation. In this respect, the Committee is concerned at the large number of children who remain in residential care and at the absence of services for family reintegration.  The Committee is further concerned at the insufficient staffing levels of the Children’s Affairs Offices which, inter alia, monitor placement of children in institutional care. (Paragraph 45)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Date: 15 March 2006

October 2006A/HRC/4/Add.2Report by Juan Miguel Petit

There are about 100,000 children in Ukraine in orphanages or deprived of parental care. The vast majority of them are being brought up in State institutions and other shelters and houses of children. A few of them (less than 2,000) are brought up in foster families and adopted. State institutions and children’s homes, together with socially disadvantaged families, are the main cause of homelessness of children. In 2005, the number of such children deprived of parental care increased up to 50,000. (Paragraph 41)

----------------------------------

High number of street children and their vulnerability to drug use

Committee on the Rights of the Child (Concluding Observations, February 2011)

CRC.C.UKR.CO.4

The Committee is deeply concerned at the high number of children in street situations which the State party acknowledges as “acute” (CRC/C/UKR/3-4, para. 12). It is seriously concerned at reports of their vulnerability to health-related risks, including in relation to substance and drug abuse, such as HIV/AIDS, sexual exploitation, forced labour and police violence. In this respect, the Committee is concerned at the limited availability and accessibility with respect to social services for the protection and social reintegration of children in street situations, including to clothing, accommodation, health care and education, and at information that no full-fledged network of rehabilitation centres for children abusing drugs exists. The Committee is furthermore concerned at the highly insufficient holding capacity of shelters for children in street situations. In addition, the Committee is concerned at the general lack of cooperation with non-governmental organizations in protecting the rights of children in street situations and in facilitating their reintegration into society. (Paragraph 75)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Date: 15 March 2006

October 2006A/HRC/4/Add.2Report by Juan Miguel Petit

[...] The number of street children or children in a vulnerable situation which can turn them into street children, although not verified, reaches approximately 12,000 in Kiev alone. Street children face enormous difficulties such as a complete lack of resources, food and shelter, vulnerability to abuses by other street children and often by police officials. A large number of street children become addicted to alcohol and drugs, and in order to buy these products or just to be able to survive, resort to prostitution and become victims of forced labour. Although there is no official statistics on street children, researchers estimate that at least one third of these persons are being sexually exploited. Concern has also been raised about the total lack of health protection, especially HIV/AIDS treatment amongst this very vulnerable population group. (Paragraph 46)

----------------------------------

Obstacles for Roma and Crimean Tatar children in accessing education, health care and other social services

UN Committee on Economic, Social and Cultural Rights (Concluding Observations, May 2014)

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.

UN Human Rights Committee (Concluding Observations, August 2013)

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)

Committee on the Rights of the Child (Concluding Observations, February 2011)

CRC.C.UKR.CO.4

In view of the large number of ethnic minorities in the State party, the Committee is concerned at the absence of measures taken by the State party to identify and solve problems faced by ethnic minorities and that no data collection system on their situation regarding education, employment, housing and access to social services is in place. The Committee further regrets the lack of information in the written replies to its list of issues on measures aimed at ending police violence against children belonging to ethnic minorities. While noting efforts to integrate Roma children into the general educational system, the Committee is concerned at persisting obstacles for Roma as well as Crimean Tatar children to access education, health care and other social services. (Paragraph 88)

UN Committee on the Elimination of Racial Discrimination

(CERD/C/UKR/CO/19-21)

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

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)

UN Committee on Economic, Social and Cultural Rights

(E/C.12/UKR/CO/5)

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

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)

----------------------------------

Lack of a separate juvenile justice system

UN Committee Against Torture (Concluding Observations, November 2014)

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).

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Date: 15 March 2006

October 2006A/HRC/4/Add.2Report by Juan Miguel Petit

No separate juvenile justice system exists for young offenders or minors in conflict with the law in Ukraine. Offences committed by minors are treated according to the same procedures as those committed by adults, both at the phase of investigation and trial. From 14 years onwards, a minor can be detained, whether at a police station for 48 hours following arrest, at a remand centre while awaiting trial, or at prison after being convicted. Although there are separate prison facilities for minors who have been convicted to sentences of imprisonment for serious crimes, there are no such separate facilities at the initial arrest phase (police stations, investigation centres) and while awaiting trial (remand centres). Although authorities have assured that minors are always separated from adults while being detained at these facilities, the Special Rapporteur is concerned about the risks of abuses for these minors in conflict with the law, especially since they may face detention from such an early age as 14. (Paragraph 58)

Report of the Working Group on arbitrary detention

Mission to Ukraine (A/HRC/10/21/Add.4)

The Working Group observed several issues of concern regarding minors in conflict with the law. It interviewed a number of juveniles who were detained on remand in connection with relatively minor crimes such as theft of a mobile phone. This practice runs counter to article 37, lit. (b), clause 2, of the Convention on the Rights of the Child that “[t]he arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.” (Paragraph 85)

Universal Periodic Review (May 2008)

- 13. To implement the recommendations of various treaty bodies as well as of the national Parliament Commissioner for Human Rights to establish a separate juvenile justice system for children and youth in line with European and international standards, as soon as possible (Austria);

- 14. To continue its efforts to reduce juvenile violence and address the root causes of the problem
(Cuba).

Countries

Please note that these reports are hosted by CRIN as a resource for Child Rights campaigners, researchers and other interested parties. Unless otherwise stated, they are not the work of CRIN and their inclusion in our database does not necessarily signify endorsement or agreement with their content by CRIN.