SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS ON THE STATE OF OBSERVANCE OF CHILDREN'S RIGHTS IN THE INSTITUTIONS OF INSTITUTIONAL CARE IN UKRAINE BASED ON THE RESULTS OF MONITORING VISITS OF THE NATIONAL PREVENTIVE MECHANISN IN 2018
2018
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SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
CONTENT:
LIST OF NOTATIONS AND ABBREVIATIONS ...... 4 GLOSSARY ...... 5 INTRODUCTORY WORD OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS ...... 6 SECTION I. STATE OF OBSERVANCE OF CHILDREN'S RIGHTS IN THE BOARDING SCHOOLS OF THE EDUCATIONAL SYSTEM BASED ON THE RESULTS OF MONITORING VISITS OF THE NPM ...... 8 1.1. Network of Institutions of Institutional Care and Parenting in Ukraine in 2018……………………………………………………………………………………………………………………………………………………….…..9
1.2. Information on NPM monitoring visits to institutions of the education system..9
1.3. Good practice in organizing the activities of educational institutions………………….11
1.4. The right of the child to an adequate standard of living ...... 12 1.5. The right of the child to respect for his/her dignity ...... 16 1.6. The right of the child to social protection ...... 17 1.7. The right of a child with disability to rehabilitation and health care ...... 18 1.8. The right of the child to an adequate standard of living…………………………………………...21
STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE MINISTRY OF EDUCATION AND SCHIENCE OF UKARINE ...... 21 STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE STATE REGIONAL ADMINISTRATIONS, LOCAL SELF- GOVERNMENT AUTHORITIES, INSTITUTIONS AND ESTABLISHMENTS ..... 22 SECTION II. STATE OF OBSERVANCE OF CHILDREN'S RIGHTS TO SOCIAL PROTECTION INSTITUTIONS - CENTER FOR SOCIAL AND PSYCOLOGICAL REHABILITATION OF CHILDREN AND ORPHAN ASYLUMS BY THE RESULTS OF MONITORING NPM VISITS ...... 24 2.1. Network of social protection institutions in 2018 ...... 24 2.2. Good practice in organizing the activities in CSPRCs ...... 25 2.3. Child's right to protection from all forms of physical and psychological violence ...... 27 2.4. Child's right to family relations and protection ...... 29 2.5. Property rights of the child…………………………………………………………………………………………………..34
2.6. The right of child to safe conditions and proper care ...... 34 2.7. The right of the child to health and rehabilitation ...... 36 2.8. The right of the child to individual development ...... 37
STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE MINISTRY OF SOCIAL POLICY OF UKRAINE ...... 38 STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE SRAs, LOCAL SELF-GOVERNMENT AUTHORITIES, INSTITUTIONS ...... 39 RECOMMENDATIONS ...... 41 ANNEXES ...... 44
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
LIST OF NOTATIONS AND ABBREVIATIONS
HNPU Headquarters of the National Police of Ukraine OR orphanage URPI Unified Register of Pre-trial Investigations SEI Secondary education institution IRC inclusive resource center PUS public utility service CMU Cabinet of Ministers of Ukraine MI Municipal institution Ministry of Social Policy Ministry of Social Policy of Ukraine Ministry of Finance Ministry of Finance of Ukraine MH Ministry of Health of Ukraine MES Ministry of Education and Science of Ukraine NPM National Preventive Mechanism TRC training and rehabilitation center OA orphan asylum RSA Regional State Administration SanSEI Sanatory secondary education institution Secretariat Secretariat of the Ukrainian Parliament Commissioner for Human Rights SpecCBS special comprehensive boarding school Commissioner Ukrainian Parliament Commissioner for Human Rights centre for social and psychological rehabilitation of CSPRC children GLOSSARY
Children deprived of parental care - children without parental care due to the deprivation of their parental rights, taking away from parents without deprivation of parental rights, recognition of parents missing or incapable, declaration of their death, serving sentences in detention facilities and taking into custody for the time of investigation, their search by the National Police authorities, related to the lack of information about their location, prolonged illness of parents, preventing them from fulfilling their duties and, as well as children separated from their families, dump kids, children whose parents are unknown, children abandoned by their parents, children whose parents do not fulfill their parental duties for the reasons that cannot be identified due to the stay of parents within the temporarily occupied territory of Ukraine or in areas where the anti-terrorist operation is carried out, taking actions to ensure national security and defense, check and containment of the armed aggression of the Russian Federation in Donetsk and Lugansk regions, and street children (Article 1 of the Law of Ukraine "On the Protection of Childhood").
An orphan is a child whose parents have died or have been killed (Article 1 of the Law of Ukraine “On the Protection of Childhood” No. 2402-III dated April 21, 2001).
A child in difficult life circumstances - a child who is in conditions negatively affecting his/her life, health and development due to disability, serious illness, homelessness, being in conflict with the law, engaging in the worst forms of child labor, depending on psychotropic substances and other types of dependence, cruel treatment, in particular domestic violence, avoidance of parents, persons replacing them, from fulfilling their duties, circumstances of natural disaster, technological accidents, catastrophes, military actions or armed conflicts, etc., which is set according to the results of the needs assessment of the child (article 1 of the Act of Ukraine "On Protection of Childhood" No. 2402-III dated April 21, 2001).
Ensuring the best interests of a child - actions and decisions aimed at meeting the individual needs of a child in accordance with his/her age, gender, health status, developmental characteristics, life experience, family, cultural and ethnic background and take into account the child’s opinion if he/she has reached such age and level development, which can express it (Article 1 of the Law of Ukraine "On the Protection of Childhood" No. 2402-III dated April 21, 2001).
Center for social and psychological rehabilitation of children - an institution of social protection, created for a long (inpatient) or day stay of children aged 3 to 18 years who find themselves in difficult life circumstances, providing them with comprehensive social, psychological, pedagogical, medical, legal and other types of assistance (resolution of the Cabinet of Ministers of Ukraine No. 87 dated January 28, 2004, “On approval of the Model Regulation on Center for social and psychological rehabilitation of children”).
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
INTRODUCTORY WORD OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
Childhood is a wonderful moment in our lives. Taking care for the younger generation is the main responsibility of parents, society and the state. It depends on each of us what the formation of a small person and the formation of a personality, worthy citizen of our country will be.
Article 28 of the Constitution of Ukraine enshrines the right of everyone to respect for his/her dignity, the prohibition of torture, cruel, inhuman or degrading treatment or punishment.
Against the background of social and political and economic changes in Ukraine, the armed aggression of Russia in the east of the country and the annexation of Crimea, the issue of harmonious and integrated development of children, respect for their rights, especially those who are in the most vulnerable condition (orphans, deprived of parental care, and children who find themselves in difficult life circumstances) require increased state attention.
Children have not only their special needs, but need to protect their rights as well. However, despite a clear vision of the problem, unconditional respect for the rights of the child does not occur in the custodial settings in Ukraine.
Quite often, parents or guardians, public organizations and volunteers are involved in issues and problems of ensuring and observing the rights of the child. However, this is not able to replace the systematic state approach to their solution. Problems need to be settled at the state level - it is necessary to develop and approve relevant state programs, thoughtful and balanced steps in reforming any sphere of public life and their correlation with the processes that take place at the local level.
The processes of decentralization of power and its component - social services provide that in the new conditions, social services should be not only improved, but be as close as possible to children and families as well.
In order to ensure the right of children to live in a family, the National Strategy for the Reform of the System of Institutional Care and Parenting for 2017-2026 was adopted, approved by the order of the Cabinet of Ministers of Ukraine No. 526-p dated August 9, 2017.
In accordance with Article 19 of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights”, within the framework of the authority granted to me to implement the national preventive mechanism during 2018, a number of monitoring visits were made to the custodial settings in Ukraine without warning, in particular to educational institutions and institutions for the social protection of children. During the monitoring visits, violations of children's rights were revealed, primarily related to cruel treatment, stigmatization, and the lack of opportunities for socialization in society. Pupils live in large groups; the illusion of the presence of family comfort in boarding schools remains dominant. The rules of the institution prevail over individual needs, the pupils do not have the opportunity to manage their own lives.
However, the situation with the centers of social and psychological rehabilitation of children has not improved. During the monitoring visits, it was found that they are working at full capacity, almost all of them are crowded, and the children return for rehabilitation again. No new centers have been created in the communities to protect the rights of children who have fallen into difficult life circumstances, daytime forms for staying and rehabilitating of children, and the like.
Inclusive-resource centers began to work slowly, the main purpose of which is to support parents of children with special educational needs. The lack of a developed system of services for such children is the main reason for the placement of children in special boarding schools.
I hope that the issues raised in this special report that affect the realization of children's rights, as well as certain shortcomings in the work of institutions, will be reformed and eliminated during the current stage of deinstitutionalization of the system of institutional care and parenting of children.
Liudmyla Denisova
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
SECTIONSECTION I. STATE I. STATE OF OBSERVAN OF OBSERVANCE OF CHILDREN'S RIGHTS IN THE CE OFBOARDING CHILDREN'S SCHOOLS RIGHTS INOF THE THE BOARDING EDUCATIONAL SCHOOLS SYSTEM OF THE BASED ON THE EDUCATIONALRESULTS OFSYSTEM MONITORING BASED ON VISITS THE RESULTS OF THE OFNPM MONITORING VISITS OF THE NPM 1.1. Network of Institutions of Institutional Care and Parenting in Ukraine in 2018
According to the latest information from the regional state administrations, there were 527 educational institutions of various types in Ukraine in 2018, subordinated to the MES, which is almost 40 less, for example, than in the previous two years. In particular, the system of boarding schools included the following:
1) institutions of comprehensive secondary education (CSEs) - 59; 2) specialized boarding schools (specialized CSEs with in-depth study of individual subjects) - 83; 3) special boarding schools - 203; 4) comprehensive sanatory boarding schools - 67; 5) training and rehabilitation centers - 87; 6) orphanages - 28; 7) schools for the social rehabilitation of children - 1; 8) vocational schools for social rehabilitation - 1.
The decrease in the institutions of institutional care and parenting occurred mainly due to the transformation of comprehensive boarding schools into the secondary education institutions with in-depth study of individual subjects and the closure of orphanages. In particular, the number of comprehensive boarding schools for children in difficult life circumstances has been decreased by almost 19% (14 institutions) since 2016, orphanages for orphans and children deprived of parental care - by 24% (9 institutions).
As a result of the reform of the institutions of the institutional care and parenting, orphanages for orphans and children deprived of parental care, 28 remained. The largest number of institutions are located in Lviv (7 institutions) and Kyiv (6 institutions) regions, among which 10 are regional, 10 - district, 8 - city subordination institutions.
In 2018, there were 1 132 pupils in the OR: 389 children of preschool and 743 of school age. Among them, there were 545 children with disabilities. Among 1 132 pupils, only 545 children have a legal status of an orphan or child deprived of parental care. This is only 48% of the total number of pupils. 1.2. Information on NPM monitoring visits to institutions of the education system
In 2018, the staff of the NPM Department of the Secretariat of the Ukrainian Parliament Commissioner for human rights along with public monitors carried out 39 monitoring visits to boarding schools of the educational system, one of which was repeated, in particular, to:
SECTION I. State of observance of children's rights in boarding schools of the educational system vocational rehabilitation schools for children - 1; comprehensive boarding schools – 6; specialized comprehensive boarding schools - 2; special boarding schools - 15; comprehensive sanatory boarding schools - 2; training and rehabilitation centers - 5; orphanages - 8.
During a visit to these custodial settings, systemic problems in the functioning of institutions of institutional care were found, the presence of which directly or indirectly affects the observance of children's rights.
Under Article 5 of the Family Code of Ukraine, the state ensures the priority of family education of the child. However, despite the regional plans developed in all regions of Ukraine for the development of a system of providing social services for children and families with children and reforming the institutions of the institutional care for 2017-2026, monitoring visits revealed a number of factors that slow down the achievement of a certain priority and the reform process, namely: improper social support of families with children in difficult life circumstances within territorial communities that is the main factor of the abandonment of children in residential institutions; lack of comprehensive measures for the formation of responsible fatherhood among parents and an understanding of the importance of family forms of education; low social standard of living of the population, the lack of the necessary infrastructure and a sufficient number of qualified specialists to provide children with special educational needs with high-quality and comprehensive social, educational, medical and rehabilitation services; imperfect regulatory framework for the implementation of the reform of the institutional care and upbringing of children requires improvement, methodological support for the application of certain requirements of the National Strategy for the reform of the institutional care and upbringing of children for 2017-2026, approved by the Degree of the Cabinet of Ministers of Ukraine No. 526-р dated August 09, 2017. In particular, lack of a clear mechanism for the transfer of orphanages in the educational system to the social protection system;
The mechanism of enrollment (deduction) of children in sanatory schools has
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
discriminatory component. In accordance with the Regulations on the sanatory school, approved by the Resolution of the CMU No. 1026 dated November 21, 2018, children must study for one year in the institution of this type, but study for years according to the decision of school psychological and pedagogical commissions and pedagogical councils. According to statistics, 66 sanatory boarding schools worked in Ukraine in 2018, 15 954 pupils in which were fully supported by the state, received rehabilitation services and meal for free. In 2018, only 272 pupils were transferred to secondary education institutions at the place of residence, which is 1.7% of the number of pupils. This indicates the presence of a stable contingent of pupils and the inability of other children to study and be treated in such institutions.
slow arrangement of the IRC work, which, in accordance with paragraph 10 of the Regulation on the inclusive-resource center, approved by the Resolution of the Cabinet of Ministers No. 545 dated July 12, 2017, should monitor the dynamics development of children with special educational needs in collaboration with their parents (legal representatives) and educational institutions in which they study. Given such a number of resource centers in the city and a significant number of children with special educational needs, it is possible to predict a deterioration in the quality of the provision of services for children to assess and monitor their development;
a similar situation is observed in other regions of Ukraine - due to the lack of staff, the RPIs do not work at full capacity, can affect the level of provision of rehabilitation services to children in communities and complicate the process of returning children to family forms of upbringing, since institutional care institutions have a more powerful rehabilitation resource;
For example, in Kryvyi Rih psychological-medical-pedagogical commissions (PMPC) worked in every district of the city. To replace it, only 3 IRCs were created (only one was working during the visit), which should serve 6 regional training and rehabilitation centers for children with special educational needs, special institutions of secondary and preschool education, etc.
lack of universal design and reasonable adaptation in secondary education institutions to meet the needs of children with disabilities, which are reintegrated from institutions of institutional care and parenting;
lack of employment of the released teaching staff as a result of the liquidation of educational institutions, which carries the risk of qualified workers loss and causes internal resistance of such workers to reform; lack of a developed system for the provision of social services at the place of children's location.
SECTION I. State of observance of children's rights in boarding schools of the educational system
1.3. Good practice in organizing the activities of educational institutions
During the monitoring visits, a number of positive aspects were identified in the activities of educational institutions. So, the management of the OR “Radist” of the Kherson Regional Council cooperates successfully with volunteers on material support of OR and socialization of children. Thanks to sponsorship, an overhaul of part of the dilapidated building of the kindergarten, which is visited by pupils of the orphanage, was carried out. Residential, training rooms and a catering unit have been equipped, an autonomous boiler room was built. UAH 350 000 of sponsorship funds were spent on reconstruction.
For the implementation of the “Adaptation Home” project in the OR “Radist”, two four-room apartments were purchased in which graduates, pupils of an orphanage live, until they reach 23 years. The apartments are fully equipped with all necessary furniture and household appliances. During the monitoring visit, five graduates lived in these apartments. In collaboration with a group of practical psychologists of the city of Kherson "Step by Step" a pilot project on mentoring is being implemented.
Parents of the Tauride TRC are actively involved in the life of the center and project activities. School teachers (60%) are defectologists.
Training and rehabilitation centers of the Zaporizhzhia region received licenses for economic activities in medical practice and created the conditions for the treatment and rehabilitation of children in the institutions. Two or three times a year, children undergo a course of singletotherapy, vitaminization of dishes and physiotherapeutic measures are carried out as prescribed by a doctor (PUS "Molochansk Special Comprehensive Boarding School" of the Zaporizhzhia Regional Council, PUS "TRC “Oberih” of the Zaporizhzhia Regional Council). Children with diseases of the musculoskeletal system are provided with orthesises and orthopedic shoes.
The management of the Hadiach OR of the Poltava Regional Council attracted UAH 136 238.00 in charity to improve the living conditions of pupils. Children are encouraged with bonuses following the results of the school year, the opportunity to independently go outside the institution, make friends, take excursions, organize favorite things, and have the right to use the Internet outside.
The practical psychologist of the Mykilsky TRC of the Poltava district of the Poltava region implements the author's correction programs: "Correction and development of the cognitive sphere of children with special educational needs”, “Correction and development of the emotional-volitional sphere of children with special needs”.
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
1.4. The right of the child to an adequate standard of living
There are no conditions for the safe stay of children in the institutions, in particular, the violations of the Fire Safety Rules were revealed during the visits. The presence of stationary bars on the windows of buildings is systemic violation in institutions of institutional care for children. Under paragraph 14.3 of the Fire Safety Rules for educational institutions and institutions of the educational system of Ukraine, approved by the order of the MES No. 974 dated August 15, 2016 it is prohibited to establish bars and other fixed sun-protection, decorative and architectural devices on the windows of the premises where the participants of the educational process are located, as well as in stairwells, corridors, halls and lobbies. If it is necessary to install bars on the windows of the rooms they should open, move apart or be removed. While children are in these rooms, the bars must be open. Not all premises are fully provided with safety signs under the national standards of Ukraine (DSTU) (Such violations were revealed in PUS "Chernivtsi special CSE No. 3" of the Chernivtsi Region Council, PUS "Zaporizhzhia special comprehensive boarding school “Oberih" of the Zaporizhzhia regional council, PUS "Molochansk special comprehensive boarding school” of the Zaporizhzhia Regional Council).
Children are in the premises of school buildings and centers requiring major repairs. In the school canteen of PUS "Molochansk special comprehensive boarding school" of the Zaporizhzhia Regional Council mold and fungus was found on the walls and ceiling during the visit. To eliminate violations of sanitary norms in the canteen, employees carried out ongoing repairs, but this improves the situation only temporarily. There is an urgent need for a major overhaul of the canteen and the hot shop of eating unit with the dismantling and replacement of 19 windows that are barred. The school administration takes into account the costs of the repair when forming a budget request. However, in 2017-2018, 350 000 UAH have been disposed from the budget of the institution, planned for the repair, without any explanations (requiring overhaul and insulation of the facade of the building of the Hadiach orphanage of the Poltava Regional Council; replacement of the roof of the educational building of PUS “Mykilsky Training and Rehabilitation Center of Poltava district of the Poltava region”; repair of the facade of PUS “Senkevichivsk comprehensive boarding school” of the Volyn Regional Council).
Under paragraph 2.2. of the State Sanitary Regulations and Standards of arrangement, maintenance of the general educational institutions and organization of the educational process SSanPiN 5.5.2.008-01 he carriageway, pedestrian walkway to the household buildings, landfills, and in rural 13 schools that do not have a sewage system - to outhouses, should be asphalt or concrete. The access roads to school buildings should be paved as well at a distance of at least 100 m. However, these standards are not observed in the PUS "Seliatynsky SpetsCSEs" of the Chernivtsi Regional Council: there are no asphalt or concrete walkways in the school yard. Children in the inter-season pass from building to building through
SECTION I. State of observance of children's rights in boarding schools of the educational system
continuous mud.
PUS "Seliatynsky boarding school of I-III degrees" of the Chernivtsi Regional Council
The Ministry of Finance of Ukraine provided an additional educational subvention for the maintenance of educational and health care institutions in the state budget for 2018, but only regional budgets were included in the calculation. This violated the decentralization principles, put the amalgamated territorial communities (local self-government authorities at the basic level) in a significant dependence on the regional authorities. Therefore, in 2018, the Seliatynsky comprehensive boarding school of I-III degrees did not comply with children's food standards, for a long time there was no fruit, cheese, and dairy products in the children's diet. Wages were not paid on time to employees of a boarding school located in a subsidiary district in a mountainous area far from the regional center.
According to the monthly list of appropriations of the general fund for 2018, code and name of the functional classification 1011060 “Ensuring the proper conditions for the upbringing and development of orphans and children, deprived of parental care, in orphanages (including of family type)” in the OR “Radist” of the Kherson Regional Council, expenses from January to May-July 2018 for the following CECE were not foreseen at all: 2220 "Medicines and medical dressing"; 2240 "Payment for services (except utilities); 2700 "Social support". There were no food costs for CECE 2230 from January to March 2018. Because of this, almost three months at the beginning of the year, food products were purchased from suppliers on credit, which jeopardized the proper organization of children's nutrition.
In PUS "Tauride Training and Rehabilitation Center" of the Kherson Regional Council there was no funding for the food for pupils (CECE: 2230 "Food") in the first quarter of 2018 (from January to March).
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
In PUS “Senkevychivsk comprehensive boarding school” of the Volyn Regional Council, there were no detergents purchased for budget funds in the catering and laundry facilities for several months. There were not enough funds to ensure sanitary and hygienic requirements (soap, toilet paper, dishwashing soda).
Similar funding problems were found in all boarding schools of regional subordination of the Kherson Regional Council.
In March 2018, representatives of Zaporizhgaz PJSC temporarily disconnected the PUS “Molochansk Special Comprehensive Boarding School” of the Zaporizhzhia Regional Council from gas supply during the heating season due to the lack of technical documentation for a commercial gas metering station and technical conditions for connecting boiler room to the gas network. The school staff managed to avoid defrosting of the heating system and quickly restore gas supply, ensure compliance with the temperature regime in the premises of the institution, in which orphans and children with disabilities study. During the commissioning of the boiler room, the school management was only given copies of the technical documentation instead of the originals. The Construction Department of the Zaporizhzhia Regional State Administration as the customer of the project documentation did not take actions to solve the identified problem.
There are no safe living conditions for pupils of the PUS “Taurida Training and Rehabilitation Center” of the Kherson Regional Council. Children with disabilities received educational services in the building, which is dangerous for their stay. According to the results of an expert assessment of the attestation architectural and construction commission, the condition of the centre dormitory building was found to be unsatisfactory - due to the absence of a blind area, there are foundation cracks, there is no drainage of rainwater, all the water drains under the foundation and into the basement.
There are massive progressive through cracks to the entire height of the building on the wall near the stairs. There is a significant deviation from the vertical position of the wall. Destruction of the masonry walls from the outside, cracks in the masonry under the windows and above the windows with the loss of individual eaves bricks on the roof masonry. The roof of the gym is in disrepair as well and required immediate repair. However, the costs of the overhaul are not provided and not planned.
SECTION I. State of observance of children's rights in boarding schools of the educational system
PUS “Taurida Training and Rehabilitation Center” of the Kherson Regional Council.
A significant part of educational institutions lacks a universal design and reasonable accommodation for children with special educational needs. Children with diseases of the musculoskeletal system of the Kamenets-Podolskyi TRC of the Khmelnytskyi Regional Council cannot independently go upstairs beyond the first floor to the sports, assembly hall, classrooms for the development of auditory perception and formation of pronunciation, and the like. In particular, the educators and teachers raise children to the computer science room in their arms up a steep stair due to the lack of a lift. This is a discrimination against children, limitation of their opportunities and the right to actively participate in correctional, educational and other activities (a similar problem with providing costs foe overhaul of buildings for a long time was found in the Special comprehensive boarding school of I-III degrees No. 15 and the Special comprehensive boarding school No. 9 of the city of Kyiv).
Conditions have not been created for the movement of children from the first to the second floors of the educational building for children with diseases of the musculoskeletal system in the Rozhyshchensky TRC of the Volyn Regional Council (a similar violation of the architectural accessibility was revealed in the Special comprehensive boarding school No. 15 of the city of Kyiv).
Numerous violations in catering of the educational institutions and centers of social and psychological rehabilitation of children have been revealed. In particular, children are given cooked meals without sampling and entering the result in the quality inspection logbook of finished products by the person who took the sample, under own signature. The requirements for the storage and distribution of food, sanitary treatment of ware have been violated. Natural food standards were not met. The technology of cooking children’s meal has been violated. Catering unit workers do not know the content of numerous regulatory
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
documents governing the nutrition of children (similar violations were revealed in the PUS “Khotyn Special Comprehensive Boarding School No. 1 of I-III degrees” of the Chernivtsi Regional Council, “Chernivtsi Special CSE No. 3” of the Chernivtsi Regional Council; PUS “Kharkiv special comprehensive school No. 3" of the Kharkiv Regional Council). Due to the aforementioned, there is a need to develop and approve the Instructions for catering in the institutions for institutional care and parenting of children, taking into account the resolution of the CMU No. 1591 dated November 22, 2004, “On the approval of food standards in educational and children's health and recreation institutions,” an order of the Ministry of Education and Science of Ukraine and the Ministry of Health of Ukraine No. 242/329 dated June 01, 2005, “On approval of the Order of the organization of children's nutrition in educational and health institutions”.
As of 2019, only the Instruction for the organization of children's nutrition in preschool educational institutions, approved by the joint order of the MES and the MH No. 298/227 dated April17, 2006, has been developed and is being used. The specified document does not standardize the activities of institutions for the organization of catering for schoolchildren enrolled on a round-the-clock stay.
The sanitary regulation for institutions of comprehensive secondary education, developed jointly by the MES and the MH in 2018 and submitted for public discussion, has not been approved.
1.5. The right of the child to respect for his/her dignity
Discriminatory terminology is used in spoken and written language. The school documentation of secondary schools still uses terminology that degrades human dignity. In particular, the term “disabled person” is used to refer to children with disabilities. Given the fact that the Cabinet of Ministers of Ukraine has arranged the use of terminology, during monitoring visits the administrations of educational institutions are recommended to apply the current norms of the Law of Ukraine No. 2581-VIII dated October 02, 2018, “On Amending Certain Legislative Acts of Ukraine Regarding the Use of the Term “Person With Disability” and Its Derivatives” in practice.
SECTION I. State of observance of children's rights in boarding schools of the educational system
1.6. The right of the child to social protection
Institutions for institutional care for children have identified a number of problems related to the realization of children's right to social protection. The reason was the lack of proper communication with the relevant services for children, the regulatory framework governing the activities of these institutions was outdated.
Material standards defined in the order of the MES No. 763 dated November 17, 2003 “On approval of material standards and financial support standards for orphans and children deprived of parental care, as well as pupils of boarding schools” do not take into account the needs of pupils, namely shoes. For example, in the Hadiach orphanage of the Poltava Regional Council, Rokytniansky District Orphanage “Cheburashka” of the Rokytniansky District Council of the Kyiv Region lacks shoes purchased for public funds. This need is usually met by volunteers.
Pocket money for orphans does not solve the problem of mastering the social and economic skills and the ability to live in an open society. Pupils of boarding schools and orphanages in accordance with paragraph 4.5 of the Regulation on orphanages and comprehensive boarding schools for orphans and children deprived of parental care, approved by the order of the MES, Ministry of Social Policy No. 995/557 dated September 09, 2012, receive funds for personal expenses, the annual amount of which is at least 1.5 tax-exempt minimum incomes (25 UAH 50 kopecks).
Children with established legal status of an orphan and a child deprived of parental care are not provided with documents on time, there are no social protection plans. In particular, in PUS “Senkevychivsk comprehensive boarding school” of the Volyn Regional Council orphans and children deprived of parental care studied in 2018, who, due to lack of registration, did not receive a passport of a citizen of Ukraine in a timely manner. There were also no necessary documents in the personal files of the children, namely: a statistical registration card, an individual social protection plan for an orphan, a certificate of property status, an original birth certificate, a certificate of loss of a breadwinner was not issued, therefore, the child did not receive pension payments guaranteed by the state.
The personal files of the pupils of the OR “Liubystok” of the Vyshgorodsky District Council of the Kyiv region were kept in violation of documentation requirements and were not properly stored: there were no copies of statistically registered cards, individual social protection programs for orphans and children deprived of parental care.
Each case has no entries were made in the section "Social Protection", which indicates the absence of information on
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
the property status of children among the employees of the institution, therefore, there are no plans for further actions for their social protection.
The number of employees in orphanages does not match the staffing requirements. All pupils of the OR “Liubystok” of the Vyshgorodsky District Council of the Kyiv region have legal status of persons in difficult life circumstances or deprived of parental care, therefore, they require additional attention of personnel trained to work with such children. There were not enough educators to work with children. On the day of the visit there were no adults in the territory of the OR at 9 am. Entrance to the territory of the institution was not guarded by anyone. The door of the dormitory was not closed. At the same time, two sick pupils were sleeping in one of the rooms. The psychologist works with children only three times a week. The position of social educator is not provided at all.
On the day of the visit there were more than 20 pupils of different ages in the OR “Cheburashka” of the Rokytniansky District Council of the Kyiv Region, among them 5 of preschool age. According to the staffing table, only 3 educators worked with them (two work at 0.75 of rate, one at 0.5). This number of educators is not enough to work in the institution with children staying around the clock.
Children do not receive maintenance from their parents. Their legal status is not established in time. In PUS “Orphanage “Cheburashka” of the Rokytniansky District Council of the Kyiv region 9 pupils did not receive maintenance from their parents by court decision. Pupil K. has not been receiving maintenance for 8 years (from November 04. 2010). Personal accounts are open for children in the orphanage, however, these accounts do not contain funds. This indicates the parents' failure to comply with court decisions and the lack of control of the executive services over the implementation of these decisions.
Within 4 years, the pupil F. of the specified institution was not established the status of an orphan or a child deprived of parental care. Therefore, the pupil was not registered as a child who can be adopted or arranged in a family form of education. According to the visit results, criminal proceedings were initiated based on the established facts.
1.7. The right of a child with disability to rehabilitation and health care
Under Article 3 of the Convention on the Rights of the Child, States parties shall ensure that the institutions, services and authorities responsible for the care or protection of children comply with the standards established by the competent authorities, in particular in the field of safety and health care and in terms of quantity and suitability of their staff, as well as competent supervision. However, during monitoring visits, a number of violations were revealed. The unresolved issue is the treatment of children with disabilities and those who have the legal status of an orphan, in accordance with medical prescriptions.
SECTION I. State of observance of children's rights in boarding schools of the educational system
Treatment of these children, given the absence of parents or the difficult life circumstances of families, is impossible without the help of the state. However, according to the resolution of the CMU No. 240 dated July 02, 2014, “On the reference price formation for medicines and medical products purchased at the expense of state and local budgets”, by the order of the MH of Ukraine No. 574 dated August 08, 2014, “On Approval of the Regulation on the Register of Wholesale Selling Prices for Medicines and Medical products, the Procedure for Amending it and the Forms of the Declaration of Changes in the Wholesale Selling Prices for Medicines and Medical products” orphanages do not have the opportunity to purchase all medicines recommended by medical specialists for the budgetary funds.
In accordance with the recommendations of the doctors of the curative and preventive health care institution during a medical examination, the children of the Hadiach orphanage of the Poltava Regional Council (April 11, 2018) were prescribed a number of drugs that could not be purchased by transferring the budgetary funds. Such medicines were prescribed to 33 children.
In particular, the doctor of OR couldn’t purchase drugs intended for children such as “Persen”, “Noovit”, “Tonsylotren”, “Neurovitan”, “Aevit”, “Trimethabol”, “Calcium Carbonate”, “Lutsetam”, “Aminalon”, “Magne B6” (“Magnikum”), “Veroshpiron”, “Bifren”, “Tincture of Eleutherococcus”, “Kratal”, “Mastodinon”, eye drops “Irifrin” and “Vizivin” etc. for budget funds.
A pupil of developmental age L. was examined by a pediatric gynecologist. She underwent 4 ultrasound examinations and 6 courses of treatment with the medical preparations “Veroshpiron” for 3 months and “Mastodinon” for 6 months was prescribed. However, treatment of a child is only possible if volunteers purchase these drugs.
The TRC of the Zaporizhzhia region also noted the problem with the purchase of medicines for pupils. Despite the fact that all educational institutions of the region have obtained licenses for carrying out economic activities in medical practice, medical workers need clarification to resolve this issue, taking into account the physical and mental health of the pupils.
Given the presence of children in institutions that have established the legal status of an orphan and a child deprived of parental care, children in difficult life circumstances, children with special educational needs, the doctors’ prescription of medicines that cannot be purchased at public expense violates the rights of children of these categories for proper medical support. By the order of the MES No. 920 dated August 16, 2012, with the aim of educating children with complex developmental disabilities, a new type of comprehensive educational institution has been created - a training and rehabilitation center. The problem of supplying these institutions with personnel in accordance with the needs due to the lack of the approved staffing standards of the MES of Ukraine has not
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS been resolved. There are not enough specialists for the implementation of the appropriate level of rehabilitation of children in the TRC.
1.8. The right of child to education
The unresolved problem of 100% provision of children with special educational needs with educational literature. Thus, in the Mykilsky TRC of the Poltava district of the Poltava region, teachers are forced to teach children with intellectual disabilities according to the textbooks recommended by the MES for pupils of comprehensive educational institutions. From 2012 to 2017, the percentage of textbooks for pupils in 5-10 forms of the institution was 13.98%. During the monitoring visit, 263 textbooks were missed by 80 pupils, taking into account exchange and acquisition. This is a violation of children's rights to an appropriate level of education and discrimination against children with mental disabilities.
According to the MES, pupils of 5-10 forms of special institutions for children with mental disabilities are provided with special textbooks by 61%. In 2018, for pupils of these institutions it is planned to print 10 titles of textbooks.
Similar violations were revealed in the other institutions, in particular, the PUS “Training and rehabilitation center” of the Kryvyi Rih City Council of the Dnipropetrovsk region was provided with textbooks only by 55%; PUS "Klevan Special Comprehensive Boarding School No. 1 of I-III Degrees” of the Rivne Regional Council did not have enough textbooks for pupils with visual impairments printed in Braille; pupils from the Kamenets-Podolskyi multi-type TRC of the Khmelnytskyi Regional Council require textbooks.
According to educational institutions, the need to create and publish such textbooks for children with special educational needs: in History of Ukraine for pupils of 9 and 10 forms; Jurisprudence for pupils of 9 form; Basics of health for pupils of 1-10 forms; Natural sciences for pupils of 5 forms; "I am in the world" for pupils of 3-5 forms; Computer science for pupils of 5–10 forms; Speech development for pupils of 1–7 forms; Social orientation for pupils of 1–4, 8, 9 forms; on different profiles of vocational and labor training - from construction, footwear and the like; training programs in physiotherapy for pupils of 1-10 forms, educational work for pupils of 1-10 forms; on Rhythmics for pupils of 5-10 forms, Speech development for pupils of 1-7 forms, Computer science for pupils of 6-10 forms.
SECTION I. State of observance of children's rights in boarding schools of the educational system
STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE MINISTRY OF EDUCATION AND SCHIENCE OF UKARINE STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE MINISTRY OF EDUCATION AND SCHIENCE OF UKARINE According to the results of monitoring visits under the requirements of Article 19 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 19-1 of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” to the heads of institutions (establishments), the state authorities and local self- government authorities were provided with relevant recommendations on eliminating the revealed violations of the rights of pupils and deficiencies in the work of each of custodial settings, according to the results of which processing information on their implementation was provided.
To solve the problem of providing textbooks for educational institutions for children with special educational needs and the approval of staffing standards for training and rehabilitation centers:
1. the expenses for the publication, acquisition, storage and delivery of textbooks for children with special educational needs in the amount of UAH 24 839 500.00 in 2018 are provided, which will partially satisfy the need for them.
2. 33 titles of educational literature for children with special educational needs with a total circulation of 62 020 copies were issued and delivered to the regional book bases at the expense of the state budget.
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STATESTATE OF OF IMPLEMENTATION IMPLEMENTATION OF SEPARATEOF SEPARATE RECOMMENDATIONS RECOMMENDATIONS PROVIDED TOPROVIDED THE STAT ETO REGIONAL THE STATE ADMINISTRATIONS, REGIONAL ADMINISTRATIONS, LOCAL SELF-GOVERNMENT LOCAL SELF - AUTHORITIES,GOVERNMENT INSTITUTIONS AUTHORITIES, AND INSTITUTIONS ESTABLISHMENTS AND ESTABLISHMENTS
Based on the results of monitoring visits and in accordance with the recommendations provided by their results, it was provided:
PUS "Seliatynsky comprehensive boarding school of I-III degrees" of the Chernivtsi Regional Council:
1. A school dormitory for pupils living in mountainous areas at a distance of 3 km or more has been preserved in order to exercise the right of children to education when reforming a boarding school in the Halytsivsky CSEI of I-III degrees; the institution was transferred from a six-day working week to a five- day one (decision of the VIII session of the Seliatynsky village council of ATC No. 289-8/18 dated May 07, 2018).
2. Additionally financed the cost of food for pupils in the amount of 100 thousand UAH; for cooks’ salaries - 1 148 thousand UAH; for the implementation of the “New Ukrainian School” program - 290 thousand UAH; for creation of appropriate living conditions for pupils 60 thousand UAH were allocated (decision of the extraordinary session of the Seliatynsky Village Council dated No. 292-9/18 June 12, 2018).
OR of a boarding school type "Radist" of the Kherson Regional Council: Funds in the amount of 3 120.75 thousand UAH were allocated for the maintenance of the orphanage of a boarding school type “Radist” by the Kherson Regional Council, which amounted to 100% of the need.
PUS "Zaporizhzhia special comprehensive boarding school "Oriientyr” of the Zaporizhzhia Regional Council:
1. Additional funds in the amount of 300.00 thousand UAH were allocated to create a safe environment for children to install steel bars that meet the requirements of paragraph 14 of Section III “Fire safety requirements for the maintenance of the territory, buildings, premises and structures, evacuation routes and fire safety exits” of the Fire safety rules for educational institutions and institutions of the educational system of Ukraine, approved by order of the MES No. 974 dated August 15, 2016.
2. Textbooks provided 100% of the need due to the temporary use of the remnants of textbooks of special educational institutions of the region. PUS "Molochansk special comprehensive boarding school” of the Zaporizhzhia
SECTION I. State of observance of children's rights in boarding schools of the educational system
Regional Council: Zaporizhzhia Regional Council allocated funds in the amount of 300 thousand UAH for the purchase and installation of windows in the canteen and catering unit of the institution (decision of the session of the Zaporizhzhia Regional Council dated May 22, 2018).
PUS “Rozhyshchensky Training and Rehabilitation Center” of the Volyn Regional Council:
1. Physiotherapy rooms, massage, speech therapy, sensory room, computer room are equipped. 2. Overhauls of the bathhouse and laundry, internal stairs were carried out, the construction of the dormitory block was strengthened. 3. A solid fuel boiler room was put into operation, a circular pump was purchased; 4. Additionally, the position of a speech therapist teacher was introduced.
PUS “Taurida Training and Rehabilitation Center” of the Kherson Regional Council:
1. Rooms for social orientation, education were equipped. 2. Necessary furniture was purchased in the center premises in accordance with established standards.
Kamenets-Podolskyi TRC of the Khmelnytskyi Regional Council:
1. 63 copies of textbooks for pupils of the 1st form were received under the program "New Ukrainian School". 2. In accordance with the recommendations of the Institute for the Modernization of the Content of Education, the MES of Ukraine defined the need to provide textbooks for pupils of 3, 4, and 5 forms studying under the program for children with mental disabilities. Pupils are temporarily provided with old-style textbooks in full.
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SEC SECTION II. STATE OF OBSERVANCE OF CHILDREN'S RIGHTS TO TION II.SOCIAL STATE PROTECTION OF OBSERVANCE INSTITUTIONS OF CHILDREN'S - CENTER RIGHTS FORTO SOCIAL SOCIAL AND PROTECTIONPSYCOLOGICAL INSTITUTIONS REHABILITATION - CENTER FOR OF SOCIAL CHILDREN AND PSYCOLOGICAL AND ORPHAN REHABILITATIONASYLUMS BY OF THECHILDREN RESULTS AND OFORPHAN MONITORING ASYLUMS NPM BY THE VISITS RESULTS OF MONITORING NPM VISITS 2.1. Network of social protection institutions in 2018
In 2018, 80 institutions of social protection of children functioned in Ukraine, in particular, 73 centers of social and psychological rehabilitation of children and 7 orphan asylums.
According to the Ministry of Social Policy, the number of children in the CSPRCs in Ukraine increased at the end of the reporting period. If at the beginning of the reporting period, 2 399 children (1 246 boys and 1 153 girls) were undergoing rehabilitation in the centers, then at the end of the period there were 2 576 children (1 336 boys and 1 240 girls).
During 2018, 7 901 children lived in the centers, and only 225 of them on a day-stay basis.
According to statistics, in 2018 there were no conditions created for rehabilitation of children in day departments in such regions as Vinnytsia, Volyn, Zhytomyr, Zakarpattia, Zaporizhizha, Ivano-Frankivsk, Ternopil, Kharkiv, Kherson, Khmelnytskyi.
The largest number of children from rural areas are located in the CSPRCs of Vinnytsia, Volyn, Kirovohrad, Odesa, Sumy, Ternopil, Kharkiv, Chernihiv, Cherkasy regions.
There is a significant number of children among pupils of the CSPRCs who have not exercised their right to education. Among 5 517 pupils of school age, 118 children did not study before being sent to social protection institutions, 35 of them have not studied for more than a year.
The main reason for children sending to the CSPRC is the parent’s non-fulfillment of their parental responsibilities - 3 671 children (1 929 boys and 1 742 girls).
A significant number of orphans and children deprived of parental care came to rehabilitation centers from families of guardians or trustees. According to statistics of the Ministry of Social Policy, there were 533 such children in 2018 (256 boys and 277 girls). This indicates an urgent need for specialized training of guardians and trustees as for the peculiarities of such children’s education.
From orphanages, comprehensive boarding schools, and vocational secondary education institutions, 150 children (74 boys and 76 girls) were sent to the CSPRC. For the further placement in the establishments and social protection institutions, 1 054 children were enrolled in the CSPRC. Statistics show that almost 58% of children sending to the CSPRC have health problems, but not all the CSPRCs have conditions for their treatment.
SECTION II. State of observance of children's rights in social protection facilities
During 2018, 29 monitoring NPM visits were made without warning to institutions subordinate to the offices of Children’s and Families’ services of the Ministry of Social Policy. In particular, 2 orphan asylums and 27 CSPRCs were visited.
2.2. Good practice in organizing the activities in CSPRCs
During the monitoring visits, the living conditions of the children, the level of provision of social, medical, psychological, legal and other types of assistance to them were checked. It turned out, mainly in each of the centers and orphan asylums visited, the staff takes all possible actions to create satisfactory conditions for the children’s stay and their individual development. In particular, the teaching staff of the PUS "Vinnytsia Regional Center for Social and Psychological Rehabilitation of Children." The Children’s Services of the Vinnytsia Regional Council developed the author’s correctional programs “A comprehensive program for the social rehabilitation of children in difficult life circumstances”, “Psychological support for pupils”. The programs “For a healthy lifestyle!”, the preventive direction “Free Choice” and the collective project “Formation of social activity of pupils” are being implemented.
Medical assistance is being provided to the pupils of the Zaporizhzhia CSPRC at a high level. Center staff: psychiatrist, pediatrician, physician-neurologist. Health workers undergo advanced training courses. Treatment agreements were concluded with health care institutions (City Clinical Hospital No. 9, PUS “City Clinical Hospital No. 6”, PUS “Zaporizhzhia City Multi-Type Children's Hospital No. 5”, PUS “City Clinical Hospital No. 3).
In the physical treatment room routine and therapeutic procedures are carried out: amplipulse therapy, ultrasound therapy, magnetotherapy, Darsonvalization, ultraviolet radiation, inhalation (inhalers, nebulizer).
Practical psychologists of the Ivano-Frankivsk Regional CSPRC carry out individual and group corrective and restoration work using various methods using art therapy, sand, fairy, play, body-oriented types of therapy, as well as using the capabilities of the sensory room. During the visit, there were 3 children in the institution with whom mentors worked in accordance with the Law of Ukraine “On Ensuring the Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care”.
Due to the individual approach to teaching children in the regional center "Father's House" of the Kyiv Regional State Administration, all pupils pass thematic tests successfully, prepare for entry the institutions of higher and secondary education. The center has formed 10 training and educational groups, which are divided by the level of children development. The level of children development and their educational needs are studied. On the issues of monitoring children's knowledge, an agreement
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on cooperation with the “Dzherelo” distance learning school was signed. During the educational process, children are certified in all subjects. Graduates of the Center receive state certificates.
In the center of family education "Father's House", a project on a family-oriented education is being implemented. Pupils of the Center, at will, temporarily live and brought up in “families”, which are headed by couples hired by the contract. Educators perform an extended patronage, living together with their pupils in rooms in which everything necessary for life is provided: bedrooms, household rooms, living room. Children are involved in self-service work. Three such apartments are equipped in the Center; the management plans to equip two more. Project activity is the main activity of the Center.
Educators of the Volyn CSPRC in the city of Kovel conduct classes with children. Pupils learn beadwork, embroidery, drawing, quilling, etc. The hobby groups "Domovychok" and "Berehynia" are working. Children are taught how to cook home- cooked meals and basic self-service skills. The deputy director carries out informative educational and methodological work with educators. The main type of educational work in the institution is project activity (“16 days against violence”, “Heritage of V.A. Sukhomlynsky”, “Make a good deed, it will come back”, “Ukraine through the eyes of children”, etc.). Based on the results of completed projects, training manuals are being prepared. On the basis of the Center, "Prevention of social orphanhood” seminars for social educators and practical psychologists of the city were held.
In the PUS “Vinnytsia Regional Center for Social and Psychological Rehabilitation of Children” of the Children’s Service of the Vinnytsia Regional Council, constant individual and group work with children is carried out. Small pedagogical councils are held with the participation of pupils, at which children and adults jointly discuss arising problems and ways to solve them. A Code of Conduct for the Center’s pupil has been developed and is being implemented, which outlines the rights and obligations of children. The pedagogical team developed the author’s correctional programs “A comprehensive program for the social rehabilitation of children in difficult life circumstances”, “Psychological support for pupils”. The programs “For a healthy lifestyle!”, the preventive direction “Free Choice” and the collective project “Formation of social activity of pupils” are being implemented.
In order to prevent psychological burnout in the team of Sumy CSPRC, a significant amount of work is being made - developed and regularly implemented: systemic psychological support of staff. On holidays, training sessions for teachers of the center take place, appropriate working conditions are created (everyone has their own comfortable workplace, computer, Internet access, copier, projector, etc.), there is a separate room for teachers' meals and a shower room. The same appropriate working conditions has support staff.
Violations and deficiencies revealed during monitoring visits to these institutions:
SECTION II. State of observance of children's rights in social protection facilities
• cases of child abuse, degrading human dignity; • violation of the children’s rights to appropriate medical assistance; • inappropriate organization of rehabilitation measures for children with disabilities; • inappropriate social, psychological, medical and legal support for children; • exceeding the length of stay of children in orphan asylums and CSPRC; repeated referrals of children to institutions, indicating inappropriate work with families in communities
2.3. Child's right to protection from all forms of physical and psychological violence
In accordance with Article 3 of the Convention on the Rights of the Child, in all actions against children, regardless of whether they are undertaken by public or private institutions dealing with social welfare, the courts, administrative or legislative authorities, priority is given to the best ensuring the child's interests.
Article 19 of the Convention states that States Parties must take all necessary legislative, administrative, social and educational actions to protect the child from all forms of physical and psychological abuse, insult or abuse, lack of care or neglect or harsh treatment or exploitation, including sexual abuse by parents, legal guardians, or any other person who takes care of a child.
During a monitoring visit to the Rozhyshchensky OA of the Volyn Regional Council, facts of cruel treatment of pupils were revealed. The pupils informed the monitoring group members the facts of the use of physical assault by the duty officers. Children had bodily injury in the form of bruises on their hands and other parts of the body. Bruises and injures were recorded by monitors.
For educational purposes, the following illegal methods of influence were applied to children: keeping alone in rooms isolated from the light where shoes are stored, humiliating communication using offensive language in order to humiliate dignity. The use of non-pedagogical means of influence by the director of the institution led to the self-inflicted injuries by a pupil V. that is recorded in the clinical log of a medical unit of the orphanage about the provision of first aid to the pupil.
The facts of the abuse were re-confirmed by the children during the communication with the regional public relations coordinator of the Commissioner in the Volyn region and the representative of the Commissioner in the western regions during the second visit to the institution the day after the discovery of the facts of abuse. It was found that children were subjected to psychological pressure by the orphanage workers. In addition, stigmatization of orphanage pupils was carried out. In particular, the orphanage workers and officials justified their attitude to the children of the institution administration, taking into account the origin and peculiarities of the family education of the pupils. The director of the Rozhyshchensky orphan asylum explained his/her actions and the actions of employees regarding the pupils of the institution during an interview in the media: “You understand what kind of children are here.”
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On this fact, information was entered into the Unified Register of Pre-trial Investigations under Articles 125 (intentional infliction of slight bodily injury), 137 (improper fulfillment of duties to protect life and health of children), 156 (corruption of minors) of the Criminal Code of Ukraine. The pre-trial investigation is carried out by the investigative department of the HNPU in the Volyn Region under the procedural guidance of the regional prosecutor's office.
During the monitoring visit to the Kyiv CSPRC No. 1, members of the monitoring group witnessed the bullying of the center’s pupils by the pupils from secondary school No. 248 of the city of Kyiv. During the training sessions, more than 20 teenagers tried to independently initiate a conflict that arose between school pupils and pupils of the center. They called one of the pupils to “make away with” his behavior and settle down the question of interpersonal relations.
The agreement on cooperation concluded between school and center concerns only the organization of training for the pupils of the center in accordance with their level of training. The center pupils are not involved in productive communication with school pupils in a free time They do not attend school hobby groups, do not participate in out-of-school activities, which does not contribute to the establishment of friendly relations between the children of both institutions and indicate a low level of preventive work in the educational institution.
The use of humiliating forms of punishment. In the Kirovohrad CSPRC, junior counsellor D., during a quiet hour from 2 p.m. to 4 p.m., raised middle-group girls from their beds, because they did not sleep, and in the underwear led them to the boys' bedroom, where she forced them to make “flashlights” for a long time (hold hands above and twist with palms).
SECTION II. State of observance of children's rights in social protection facilities
2.4. Child's right to family relations and protection
A child who is temporarily or permanently deprived of his/her family environment or who, in his/her own best interests, cannot stay in such an environment, has the right to special protection and assistance provided by the state. According to statistics, more than 70% of children were sent to the CSPRCs and OAs from rural areas, which indicates insufficient preventive work to prevent neglect in territorial communities.
According to the analysis of the social characteristics of the pupils composition of the Vinnytsia CSPRC, it was found that in 2015 most of the children were sent to the CSPRCs from families whose parents avoided fulfilling parental duties. In 2016- 2018, the number of children with established legal status, but not arranged in family forms of education, increased. There was a tendency to increase the number of referrals of children by related groups (4-6 children).
No conditions for the daytime stay of children in need of social protection have been created. As a matter of self-referral, children rarely come to the CSPRCs and OAs, indicating their low awareness of the opportunities to receive assistance in social institutions for children. Almost no conditions have been created for children in difficult life circumstances, for a day's stay in social protection institutions.
Due to the lack of proper social support for families in the territorial communities, children are in institutions of social protection beyond the statutory period, are re- sent to the CSPRCs. The lack of further socio-psychological support for the children in local centers, the low level of training of foster parents, and the lack of psychological assistance (especially in rural areas) actually negate all rehabilitation work with children in the centers.
According to the results of monitoring visits, it was found that in almost all institutions of this type, children are more than the statutory period. The reason is the delay in litigation, the postponement of meetings and the like.
So, a pupil of Zaporizhzhia CSPRC H. was in the institution for three years instead of 9 months. The aforementioned is a violation of the child’s right to be placed in family forms of upbringing and paragraph 17 of the Model Regulation on the Center for Social and Psychological Rehabilitation of Children, approved by the Resolution of the CMU No. 87 dated January 28, 2004. The institution could not decide the further fate of the child (return to the biological family or arrange in family forms of upbringing), since for three years the decision to establish the legal status of an orphan or a child deprived of parental care has been postponing.
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For the first quarter of 2018, 45 children lived in the Ivano-Frankivsk CSPRC, 27 of which were placed in the Center in 2017. On the day of monitoring, 14 such children were identified in Kyiv CSPRC No. 1; in 2018 children were returned three times to the Sumy CSPRC. The systematic return of children from families to social protection institutions is typical for other centers and orphan asylums.
More children are sent to the CSPRC and OA than it is established by law, and this affects the level of rehabilitation services. In Rozhyschensky orphan asylum of the Volyn region, the staffing is designed for 30 pupils, that is, 170-180 children a year. However, there were cases when a significantly larger number of children was sent to the institution than permitted by the standards. The maximum number of children who were sent was 70, which clearly indicates unsatisfactory conditions for the children stay and the lack of proper organization of corrective and social work with them.
Zaporizhzhia CSPRC is designed for 55 children, but on average 70-80 pupils are in the institution per month. The calculations for the financial support of the center were carried out in accordance with the design capacity of the institution. Therefore, constantly there was not enough money to pay for energy, food and medicine. Due to the overloading in the institution, children are not provided with shoes according to need. According to the minimum standards of material support, children should have shoes for studying at school and staying in the center, however, this requirement is difficult to fulfill, since there are always more children than the established norms.
Not every child has a bed in bedrooms, so children sleep in living rooms on sofas.
In particular, during 2017-2018, the number of children in the CSPRCs of the Zaporizhzhia region exceeded the capacity of subordinate institutions by an average of 25%. As of May 25, 2018, with a capacity of 5 regional CSPRCs, which are designed for 215 places, 248 pupils were in the regional centers. At the same time, territorial Children’s services arrange children only when there is a threat to the life of the child.
The unresolved issue is creating foster families due to the lack of locally certified educators. In the Zaporizhzhia region, in order to prevent overloading of the regional CSPRCs when processing the sheet of the Ministry of Social Policy No. 5623/0/2-28/42 dated March 23, 2018, “On the use of subventions of the state budget for creating families of foster carers”, the Children's Services submitted proposals on the creation of 12 foster families in 2018 and arrangement of 22 children in them (the city of Berdiansk, Bilmatsky, Novomykolaivsky, Zaporizhzhia, Prymorsky, Velykobilozersky and Veselivsky districts). However, due to the lack of certified trainers of candidates for foster carers (paragraph 9 of the Resolution of the CMU No. 148 dated March 16, 2017, “Some issues of the implementation of foster care for a child”), the Children’s service is entrusted with the preparation of candidates and members of their families, did not confirm their intention to create foster families. Children's Services do not provide copies of individual child social protection plans to the social protection institutions. Under Article 15 of the Law of Ukraine "On Ensuring the Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care", social support for an orphan, a child deprived of
SECTION II. State of observance of children's rights in social protection facilities parental care and a person from among them is carried out under a special plan, which is drawn up for each orphan, a child deprived of parental care, and a person from among them, and is adjusted once a year. The order of the MES No. 4591 dated November 18, 2008, “On Approving the Procedure for Keeping the Personal Records of an Orphanand a Child Deprived of Parental Care, and the Form of an Individual Plan for Social Protection of the Child, who Found itself in Difficult Life Circumstances, an Orphan and a Child Deprived of Parental Care” obliges the Children’s services to draw up individual social protection plans not only for orphans, children deprived of parental care, but for children in difficult life circumstances as well.
However, there are no such plans in the personal files of 50% of the pupils of the Sumy CSPRC, in 99% of the pupils the Khoruzhivska CSPRC of the Sumy Regional Council, in particular, these documents are not prepared in all Children's services of the Sumy region.
Similar violations of children's rights to appropriate social support were revealed in the Rozhyshchensky orphan asylum of the Volyn Regional Council (100% of individual social protection plans are missing); CSPRC "Father's House" (Kyiv region), "Uzyn" (Kyiv region), Volynsky CSPRC of the Volyn Regional Council (the city of Kovel), "Kopyliv" (Kyiv region). The aforementioned testifies to the inadequate fulfillment of duties by the Сhildren’s services and the failure to find interaction on this issue with the institutions of social protection of children.
Due to the untimely establishment of the legal status of an orphan and a child deprived of parental care, pupils of the CSPRC are socially unprotected. In particular, the graduate of the Kyiv CSPRC No. 1, the pupil G., did not receive a passport on time, since he was not assigned the status of a child deprived of parental care, in case of the mother's actual failure to fulfill her duties The child’s admission to education and the receipt of alimony or other social benefits was at stake.
A pupil of the Kyiv CSPRC No. 1 minor M. was in the institution under the act of the internal affairs authority of Ukraine and a health care institution on the founding and its delivery. After the child reaches the age of 16, the center’s employees turned to the mother to provide her daughter with an identity document. However, the mother did nothing in this situation. In Rozhyschensky OA, the main task of which is the social protection of children who find themselves in difficult life circumstances, since January 2018, the position of psychologist has been vacant. The duties of a psychologist were carried out by the educator without an appropriate education. In this regard, the pupils were not provided with proper psychological assistance.
Teachers of CSPRC and OA do not take specialized courses on special programs. The Convention on the Rights of the Child (Article 36) states that the central executive body, which implements state policy in the field of education and science, provides special programs for the training of professional teachers and educators for state and non-state institutions to work with orphans and children, deprived of parental care, as well as
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS training of employees of custody and guardianship agencies. However, during monitoring visits, it was found that the training of teachers, taking into account the specifics of working with children who have been abused and are in difficult life circumstances, does not correspond the special programs.
Such training was planned in the Zaporizhzhia region, in particular, at the initiative of the regional Children's Service, an agreement on the organization of courses for teachers of regional institutions under a special program was concluded in 2010 with the Zaporizhzhia National University. However, when checking by financial inspections, this was noted as a drawback, recommendations were given to conduct courses only at the Zaporizhzhia Regional Institute of Postgraduate Education under programs approved by the MES. Pedagogical workers of Zaporizhzhia CSPRC take advanced training courses in a group for preschool institutions, which does not satisfy the needs of teachers and does not take into account the specifics of the institution. Such courses are a formal training for teachers working with children who have been abused or are in difficult life circumstances.
Employees of the Zhytomyr CSPRC of the Zhytomyr Regional Council, under the Model Regulation on Teachers Certification, approved by order of the MES No. 930 dated October 6, 2010, undergo advanced training courses at the Zhytomyr Regional Institute of Postgraduate Pedagogical Education. At the same time, in the center teachers’ opinion, the specifics of their institutions are not taken into account during training courses.
State policy on the organization of mentoring is not effectively implemented. Centers for social services for families, children and youth select individuals who have expressed a desire to become mentors. They provide training for such persons on training courses on the problems of social adaptation of children and their preparation for independent lives. However, as practice shows, the process of acquiring the mentoring authority takes a long time, since training is in the form of group trainings. Due to the inability to provide individual training of mentors under an individual plan, the process lasts for months, which affects the desire of people to continue the process of acquiring the status of a mentor. At the same time, there is a CSPRC in Ukraine, where experienced psychologists and educators are working, they can prepare citizens for the duties of mentors under developed individual programs. Involving center workers in the training of mentors will significantly reduce the time required for their training and speed up the process of acquiring mentoring skills. On the center employees’ opinion, a significant number of people who want to become mentors for children do not dare do this because of the waiting time for training and process bureaucratization.
In particular, for 9 months of 2018, 10 people studied at the Kyiv Regional Center of Social Services for Family and Youth, who expressed a desire for mentoring activities, if available in the city of Kyiv and the region subject to the existence of 9 CSPRCs and 34 educational institutions of boarding type, which does not cover the institutions’ need in mentors.
SECTION II. State of observance of children's rights in social protection facilities
2.5. Property rights of the child
Under Article 32 of the Law of Ukraine No. 2342-М dated January 13, 2005, "On Ensuring the Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care", local state administrations, local self- government authorities at the location of the children's housing are responsible for the safety of housing specified in the part I of this article and returning it to orphans and children deprived of parental care, as well as to persons among them after the term of stay in the institution for orphans and children deprived of parental care.
In violation of the of the Convention on the Rights of the Child and paragraph 24 of the Model Regulation on the CSPRC, approved by the Resolution of the CMU No. 87 dated January 28, 2004, not all the CSPRCs carry out proper monitoring of the protection of housing and property rights of children deprived of parental care. In particular, the guardian of a minor B, a pupil of the Kyiv CSPRC No. 1, rented out housing that belonged to him on the basis of sole property, without his and the guardianship and custody authority’s permission. During the trial, the guardian was illegally transferred documents for the apartment and its keys, which can lead to leaving orphan without housing. A pupil of the indicated center R, who from 2013 until the age of consent lived in the indicated CSPRC, could not move into the housing assigned to him due to the letting his apartment on hire by his relatives until May 2019. This is a violation of the part I of Article 32 of the Law of Ukraine No. 2342-M dated January 13, 2005, "On Ensuring the Organizational and Legal Conditions for the Social Protection of Orphans and Children Deprived of Parental Care, as Well as Those Among Them," which guarantees the preservation of the right to housing in which the children lived with their parents, relatives before setting guardianship, custody, placement in foster families, family-type orphanages, institutions for orphans and children deprived of parental care.
Housing of the pupil Ya. was in disrepair. A pupil has the legal status of an orphan since he’s 12 years old. Therefore, without the help of the city state administration, he is not able to independently repair the house and move into the premises.
Often cases of non-receipt of maintenance from parents by the CSPRC pupils under court decision have been identified. There is a court decision in CSPRC "Uzyn" (Kyiv region) on the recovery of maintenance in favor of four pupils and securing housing for one child. However, the administration of the institution did not have information on the implementation of decisions on the recovery of maintenance by the relevant services and registration of ownership of the property share of the child.
2.6. The right of child to safe conditions and proper care
The territory of the CSPRC “Kopyliv” (Kyiv region) is not illuminated at night. At the same time, the territory of institutions with a round-the-clock stay of children has to be illuminated around the perimeter. According to paragraph 2.13 of the State Sanitary Rules and Standards for the arrangement, maintenance of comprehensive educational
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS institutions and the organization of the educational process, approved by the Resolution of the Chief State Sanitary Doctor of Ukraine No. 63 August 14, 2001, the site territory should be illuminated in the evening at the illumination intensity of 10 lx. The light output should allow pupils, as well as employees, comfortably moving throughout the center to any elements of its infrastructure in the dark. Monitors experienced that it was impossible to move around the territory in the dark, which could lead to injuries to children and adults. It also makes attending hobby groups and sections outside the institution difficult for children in the evening.
Bars are installed on the windows of some institutions for violation of paragraph 2.16 of the Fire Safety Rules, approved by order of the Ministry of Internal Affairs of Ukraine No. 1417 dated December 30, 2014. If it is necessary to install bars on the windows of the rooms where people are located, the bars should open, move apart or be removed. While people are in these rooms, the bars must be open (removed). In addition, children are stigmatized, most of whom are not in conflict with the law. The presence of bars around the perimeter of the building does not contribute to their rehabilitation and can be regarded as imprisonment. Such bars are installed on the windows of the buildings of the Ivano-Frankivsk regional CSPRC, the Lviv and Rozhyshchensky orphanages for children, the Volyn regional center for social and psychological rehabilitation in the city of Kovel, the Kremenchug CSPRC, emergency exits are closed at the CSPRC "Dovira" of the Children's Service of the Dnipro City Council of the Dnipropetrovsk region.
In the premises of the Volynsky CSPRC of the Volyn Regional Council the outdated items, waste paper was kept on the first floor, which violated paragraph 6 of Part III of the Rules "Fire safety requirements for the maintenance of the territory, buildings, premises and structures, evacuation routes and exits."
Volynsky CSPRC of the Volyn Regional Council
SECTION II. State of observance of children's rights in social protection facilities
In the Kirovohrad CSPRC, the roof of the building was leaking, which led to a significant deterioration in the state of sanitary conditions in the institution. In particular, in dormitory rooms, classes for training and rest, corridors, the walls were covered with mold and fungus, which is dangerous for the health of children.
In some bedrooms and other rooms where the children were, there was no lighting.
The lack of the proper number of teachers is the reason for inadequate childcare and an obstacle to the implementation of necessary rehabilitation measures, a decrease in the level of educational work with children. In OA
Kirovohrad CSPRC of the Kirovohrad Regional Council
of the Children’s services of the Lviv Regional State Administration, with an approved staff of 35.5 units, 19 people actually worked, 5 of them combined duties of other positions. The management of the institution has repeatedly sent letters to the heads of institutions and organizations asking them to send appropriate specialists. However, due to the low level of wages, open vacancies are not in demand. In particular, according to tariff lists, the educator-materials developer received a salary of 4 264 UAH per month, the teacher - 3 400 UAH, the assistant teacher - 2 396 UAH.
In Zaporizhzhia CSPRC, given the overloading in the institution, there were not enough teaching staff to work with children and maintenance staff. So, there was no permanent educator in the quarantine group (observation), although the group is always crowded. During the first two weeks after the referral, children live and require special attention during adaptation there. Children are sent to the institutions of social protection in stressful conditions, with an increased level of aggression and the like. Educators are forced to work with children on a schedule at no cost, since they cannot leave them without psychological and pedagogical support. According to the calculations of the
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS administration, there should be 15 educators, in fact there were 11 staff units.
2.7. The right of the child to health care and rehabilitation
The unresolved problem of referring pupils to the CSPRC with alcohol and drug addiction is a contraindication to their arrangement. Administration of the Kyiv CSPRC No. 1 was forced to send such pupils for rehabilitation in private rehabilitation centers, that is not regulated at the legislative level. So, the pupil Ya. was undergoing treatment in such a center. At the Kyiv Narcological Hospital, he was diagnosed with mental and behavioral disorders due to the use of narcotic and other psychoactive substances. The pupil K. was also sent for treatment, but he left the rehabilitation center before the rehabilitation was completed. According to the information of the Government Institution “Ukrainian Monitoring and Medical Center for Drugs and Alcohol of the MH of Ukraine”, only one state center operates in Ukraine, which provides assistance to children with addictions.
In Zaporizhzhia CSPRC, ten children with neurological problems were given course treatment, but it was interrupted in the absence of necessary medications. The need for long-term course treatment was reported to the members of the monitoring groups in most of the CSPRCs, where medical workers did not ignore the existing problems.
Medical examinations of orphans and children deprived of parental care are carried out in the Ivano-Frankivsk Regional CSPRC only once children are admitted, and if the pupil was in the center for nine months, a second medical examination was not carried out.
There was no vaccine in PUS “Shostka Children's Hospital” allocated for the pupils of the Shostka CSPRC of the Sumy Regional Council for routine vaccination of children. For 6 months of 2018, only one vaccine was allocated for a child, who had to go to the first form of a secondary education institution. Only one dose of tuberculin was allocated to the center from the required 50 doses. The MPR vaccine (for measles, parotitis, rubella) was received by the center only in the amount of 2 doses, if 20 doses are necessary. Only one dose from diphtheria, pertussis and tetanus was received for future year-one pupils.
2.8. The right of the child to individual development
According to the staffing structure in CSPRC there is only one position of the head of the hobby group. However, children do not have the opportunity to attend hobby groups outside the centers. For the pupils of the Vinnytsia regional CSPRC the Children’s Service of the Vinnytsia Regional Council organized the work of hobby groups by the institution educators. Representatives of the organization "Sport for Everyone" conduct competitions and training on the territory of the center. There is a youth sports school, a network of teenage clubs that carry out meaningful work on career guidance for children near the rehabilitation center. However, children do not
SECTION II. State of observance of children's rights in social protection facilities attend clubs, sections and studios outside the center, which does not contribute to their socialization.
Pupils of the Kyiv CSPRC do not attend hobby groups working in secondary education institutions located near the center, since the Center and the Education Department have signed an agreement only on children's attending of classes.
STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED STATETO THE OF MINISTRY IMPLEMENTATION OF SOCIAL OF POLICY SEPARATE OF UKRAINE RECOMMENDATIONS PROVIDED TO THE MINISTRY OF SOCIAL POLICY OF UKRAINE According to the results of monitoring visits under the requirements of Article 19 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 19-1 of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” to the heads of institutions (establishments), the state authorities and local self-government authorities were provided with relevant recommendations on eliminating the revealed violations of the rights of pupils and deficiencies in the work of each of custodial settings, according to the results of which processing information on their implementation was provided.
1. A seminar was held in February 2018 for the heads of Children’s Services of the region, Kyiv city, district, district in the city of Kyiv state administrations, executive bodies of city, district in the city of Kyiv councils, amalgamated territorial communities.
2. The training (March 12-16, 2018, April 16-20, 2018, June 04-08, 2018) for the heads of institutions for social protection of children was conducted: "Ensuring the effectiveness of social protection institutions in the conditions of deinstitutionalization and decentralization of power.”
The section “Protection of Maternity, Family and Children” was created on the official web portal of the Ministry of Social Policy, which included a separate section “Social and Psychological Rehabilitation of Children” containing “Methodical Resources”, which contains methodological materials of scientific and public organizations recommended by the central executive authorities for their implementation in social protection institutions for children. The section “Prevention of Social Orphanhood” contains methodological materials, recommendations, programs and methods for the implementation of preventive work with families and children in difficult life circumstances.
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
STATE OF IMPLEMENTATION OF SEPARATE RECOMMENDATIONS PROVIDED TO THE SRAs, LOCAL SELF-GOVERNMENT AUTHORITIES, INSTITUTIONS
Based on the results of monitoring visits and pursuant to recommendations provided by their results the following was provided:
Ivano-Frankivsk Regional CSPRC of the Ivano-Frankivsk Regional Council:
1. Repeated mandatory medical examinations and examinations by specialist doctors were introduced in the Ivano-Frankivsk City Children's Clinic for pupils who have been in the institution for more than six months. 2. Fixed bars installed in violation of the Fire Safety Rules have been dismantled.
OA of the Children's Service of the Lviv Regional State Administration:
1. Agreements with PUS LRC “Lviv Regional Center for Ecological Naturalistic Creativity of Student Youth” were signed in order to ensure the process of extrascholastic education in an orphanage with a separate category of children according to individual education plans. 2. Bars on the windows of the building were dismantled, installed in violation of the Fire Safety Rules (except for premises in which material assets are located).
PUS “Vinnytsia Regional Center for Social and Psychological Rehabilitation of Children” of the Children’s Service of the Vinnytsia Regional Council:
1. The issue of students visiting the institution of a teenage club at the place of residence "Garage 77" in order to socialize them was settled. 2. An agreement on cooperation was signed with the Department of Psychology of VSPU named after M. Kotsiubynsky on attracting student interns to the educational process with pupils in the winter-spring period.
Shostka CSPRC of the Sumy Regional Council:
1. Individual social protection plans for a child in difficult life circumstances, an orphan, a child deprived of parental care are compiled for each center pupil. 2. An agreement has been concluded with the municipal curative and preventive health care institution of the city of Shostka on the provision of free medical assistance to the pupils of the Center and vaccination of children.
Recommendations
Sumy CSPRC of the Sumy Regional Council:
A joint meeting was held with the participation of the employees of the CSPRC and the heads of health care institutions in order to ensure the proper execution of children's right to health protection.
Kirovohrad CSPRC:
1. Funds have been allocated for the preparation of design estimates for the installation of a tent roof. Part of the wiring was replaced, and lighting was provided in the premises where the children were staying.
2. An internal investigation was carried out on the use of inappropriate types of treatment of pupils, and the assistant educator was brought to disciplinary responsibility.
CSPRC "Nadiia" of Kharkiv Regional Council:
All the recommendations provided by the results of the monitoring visit are fulfilled.
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
RECOMMENDATIONS
The Cabinet of Ministers of Ukraine:
For the purpose of proper legal and social protection of orphans, children deprived of parental care, as well as persons among them, in compliance with the requirements of Article 4 of the Law of Ukraine "On the Protection of Childhood" No. 2402-ІІІ dated April 21, 2001:
1. shall develop and submit a draft regarding the priority consideration of cases in court regarding children who need to establish legal status and social protection from the state for consideration by Verkhovna Rada of Ukraine.
2. shall amend the resolution of the Cabinet of Ministers of Ukraine No. 226 dated April 05, 1994, “On improving the upbringing, education, social protection and material support of orphans and children deprived of parental care” regarding an increase in the standards of the pupils of institutions (organizations) with institutional care and education supply of clothing and footwear, the size of pocket money for their own needs.
The Ministry of Education and Science of Ukraine:
In order to implement the authority of the Ministry of Education and Science of Ukraine to develop draft of laws and other regulatory and legal acts on issues within its competence, to ensure the preparation and publication of textbooks, manuals, methodological literature for educational institutions in accordance with subparagraphs 2, 68 of paragraph 4 of the Regulation on the Ministry of Education and Science of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 630 dated October 16, 2014:
1. shall provide special boarding schools and training and rehabilitation centers with textbooks in full (5-10 forms) in which children with mental disabilities receive education in order to exercise their right to receive an appropriate level of education under the Law of Ukraine "On Education", State target program "National Plan of Action for the Implementation of the Convention on the Rights of Persons with Disabilities" for the period until 2020, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 706 dated August 01, 2012.
2. shall approve standard staffing standards for training and rehabilitation centers in order to ensure the appropriate level of rehabilitation and childcare. Ministry of Finance of Ukraine:
In order to ensure the formation and implementation of the state financial and budgetary policies under the paragraph 32 of the Regulation “On the Ministry of Finance of Ukraine”, approved by the Resolution of the Cabinet of Ministers of
Recommendations
Ukraine No. 375 dated August 20, 2014, the Ministry of Finance of Ukraine shall ensure the uniform monthly distribution of budgetary allocations of additional subsidies from the state budget to local budgets for the implementation of secured costs for the maintenance of institutions of institutional care and upbringing.
The Ministry of Health of Ukraine:
In order to ensure the formation and implementation of state policy in the field of healthcare under the paragraph 1 of the Regulation on the Ministry of Health of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 267 dated March 25, 2015, the Ministry of Health of Ukraine shall develop and submit for consideration a draft of action plan for implementation The Concept of development of mental health care in Ukraine for the period until 2030 by the Cabinet of Ministers of Ukraine, approved by the decree of the Cabinet of Ministers of Ukraine No. 1018-р dated December 27, 2017, in the part of creating a network of centers providing medical and social rehabilitation for children who use alcohol, drugs and psychotropic substances.
The Ministry of Education and Science of Ukraine and the Ministry of Health of Ukraine in order to exercise the right of children to an adequate standard of living, including adequate food, clothing, housing, in accordance with Article 1 of the Law of Ukraine “On Ensuring Sanitary and Epidemic Welfare of the Population” No. 4004-XII dated February 24, 1994, the Resolution of the Cabinet of Ministers of Ukraine No. 1591 dated November 22, 2004, “On the approval of food standards in educational and children's health care and recreation facilities”, paragraph 4 of the Regulation on the Ministry of Health of Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 267 dated March 25, 2015:
1. To develop and approve the Instructions for catering in institutions for institutional care and parenting of children.
2. To approve the Sanitary Regulations for institutions of secondary education institutions.
The Ministry of Social Policy of Ukraine:
In order to implement the authority of the Ministry of Social Policy of Ukraine to develop family forms of education for orphans and children deprived of parental care, organization of volunteer activities related to family and children, in accordance with subparagraphs 70, 77 of paragraph 4 of the Regulation “On the Ministry of Social Policy of Ukraine”, Article 3 of the Convention on the Rights of the Child: 1. to analyze the provisions of the resolution of the Cabinet of Ministers of Ukraine 16.03.2017 No. 148 dated March 16, 2017, “Some issues of the implementation of foster care for a child” with a view to eliminate the norms, they do not facilitate
SPECIAL REPORT OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
or impede the preparation of certified trainers under a special program for preparing candidates for foster carers.
2. To consider the possibility of simplifying the procedure for the training of mentors for children, as provided for by the resolution of the Cabinet of Ministers of Ukraine No. 465 dated July 04, 2017, “Some issues of mentoring a child,” as well as the involvement of employees of centers for social and psychological rehabilitation in their training.
Regional, Kyiv city state administrations:
In order to exercise the powers of local self-government determined by the Constitution of Ukraine, under the Law of Ukraine “On Local Self-Government in Ukraine” No. 280/97-ВР dated May 21, 1997, pursuant to Article 3 of the Law of Ukraine “On Social Services” No. 2671-VIII dated January 17, 2019, Order of the Ministry of Social Policy of Ukraine "On Approval of the List of Social Services to People in Difficult Life Circumstances and Cannot Overcome Them Independently" No. 537 dated September 3, 2012:
1. to ensure compliance with the terms of stay of children in the institutions of institutional care and upbringing.
2. To promote the realization of the right of families who find themselves in difficult life circumstances to receive appropriate social services, in particular on crisis and emergency intervention, counseling, social support and prevention.
ANNEXES Annex 1
The network of institutions for institutional care and parenting as of January 01, 2019
Vocational school for social rehabilitation 1 Schools for the social rehabilitation of children 1 Orphanages 28
Training and rehabilitation centers 87 Comprehensive sanatory boarding schools 67 Special boarding schools 203
Specialized boarding schools 83 Institutions of comprehensive secondary education (CSEs) 59 Annex 2
545
Number of orphans with established legal status in orphanages Pupils with established legal status Total
Annex 3
The number of children in the CSPRCs and OAs in terms of long-term (inpatient) and day care Annex 4
Round-the-clock stay
Day stay
Total
Total
118 35 Number of children receiving / not receiving education before the enrollment in the CSPRCs and OAs
Studied
Not studied
Did not study for more than a year Total
Total
Annex 5
Location of the CSPRCs by regions Serial Number of orphan number Region Number of centers asylums 1. Vinnytsia 2 0 2. Volyn 1 1 3. Dnipropetrovsk 7 0 4. Donetsk 7 0 5. Zhytomyr 1 0 6. Zakarpattia 1 1 7. Zaporizhzhia 5 0 8. Ivano-Frankivsk 2 0 9. Kyiv 7 0 10. Kirovohrad 1 0 11. Luhansk 1 0 12. Lviv 0 1 13. Mykolaiv 4 0 14. Odesa 9 3 15. Poltava 2 0 16. Rivne 1 0 17. Sumy 3 0 18. Ternopil 1 0 19. Kharkiv 8 0 20. Kherson 1 0 21. Khmelnytskyi 2 0 22. Cherkasy 2 0 23. Chernivtsi 0 1 24. Chernihiv 3 0 25. the city of Kyiv 2 0 Total 73 7
Annex 6
Referrals of orphans and children deprived of parental care to the CSPRCs in 2018 Region Orphans and children deprived of parental Orphans and children care, who live in the deprived of parental families of guardians or Orphans and children care, who are sent to carers deprived of parental centers for the purpose care, who are in of their further comprehensive arrangement educational institutions, orphanages, VTSs boys girls boys girls boys girls Vinnytsia 0 0 13 22 1 0 Volyn 0 1 10 10 2 4 Dnipropetrovsk 3 6 87 55 33 23 Donetsk 4 1 33 45 27 34 Zhytomyr 0 0 10 2 2 1 Zakarpattia 0 0 2 2 0 2 Zaporizhzhia 2 3 34 37 33 32 Ivano-Frankivsk 0 1 6 6 5 6 Kyiv 41 50 54 54 18 17 Kirovohrad 0 0 10 13 2 11 Luhansk 0 0 6 1 0 2 Mykolaiv 1 0 57 51 17 16 Odesa 7 6 45 36 23 28 Poltava 0 0 6 4 13 15 Rivne 1 0 2 8 6 6 Sumy 0 0 71 53 7 8 Ternopil 2 2 0 4 5 5 Kharkiv 1 0 23 25 21 14 Kherson 1 0 11 18 10 14 Khmelnytskyi 0 0 16 13 5 3 Cherkasy 6 3 14 15 5 6 Chernihiv 0 0 22 18 7 13 the city of Kyiv 5 3 11 10 14 17 Total 74 76 552 502 256 277
Annex 7 Characteristics of pupils of the CSPRCs on health grounds
Including
Total Almost Have pupils healthy diseases diseases infectious and tuberculosis HIV mental and of the parasitic behavioral respiratory diseases disorders system
7 901 3 311 4 590 1 300 79 67 1 353 1 745
Annex 8
The list of educational institutions to which monitoring visits have been conducted in 2018
1. PUS "Seliatynsky comprehensive boarding school of I-III degrees" of the Chernivtsi Regional Council. 2. PUS "Khotyn comprehensive boarding school of No. 1 I-III degrees" of the Chernivtsi Regional Council. 3. OR of a boarding school type "Radist" of the Kherson Regional Council (the city of Kahovka). 4. PUS “Taurida Training and Rehabilitation Center” of the Kherson Regional Council. 5. PUS "Zaporizhzhia special comprehensive boarding school of I-II degrees “Oberih". 6. PUS "Molochansk special boarding school of I-II degrees" of the Zaporizhzhia Regional Council. 7. Special comprehensive boarding school of I-III degrees No. 15 of the city of Kyiv. 8. Special comprehensive boarding school No. 9 of the city of Kyiv. 9. PUS of social protection "Center for social support of children “Dovira” of the Dnipro City Council. 10. PUS "Zaporizhzhia special comprehensive boarding school "Oriientyr” of the Zaporizhzhia Regional Council. 11. PUS "Chornobai comprehensive boarding school of I-III degrees" of the Chernivtsi Regional Council. 12. PUS "Comprehensive boarding school of I-III degrees - the center of general and specialized education and comprehensive rehabilitation" of the Mykolaiv Regional Council. 13. PUS "Kharkiv comprehensive special boarding school No. 3" of the Kharkiv Regional Council. 14. PUS "Odesa comprehensive sanatory boarding school No. 6 of I-II degrees". 15. Hadiach Orphanage of Poltava Regional Council.
16. Mykilsky training and rehabilitation center of the Poltava district of the Poltava region. 17. Rokytniansky District Orphanage "Cheburashka" of the Rokytniansky District Council of the Kyiv region. 18. Special orphanage "Maliatko" for school and preschool children of the Kyiv City Council. 19. Rozhyshchensky Training and Rehabilitation Center of the Volyn Regional Council. 20. Public educational institution "Dovbysh special comprehensive boarding school" of the Zhytomyr Regional Council. 21. PUS "Zaporizhzhia special comprehensive boarding school "Dzherelo” of the Zaporizhzhia Regional Council. 22. Mykolaiv special comprehensive boarding school No. 3 of the Mykolaiv Regional Council. 23. Kamenets-Podolskyi special boarding school of the Khmelnyskyi Regional Council. 24. Kamenets-Podolskyi multi-type training and rehabilitation center of the Khmelnyskyi Regional Council 25. Vyshgorodskyi Regional Orphanage "Liubystok" of the Kyiv region (the village of Novi Petrivtsi). 26. PUS "Senkevichivka comprehensive boarding school of I-III degrees" of the Horokhiv Disctrict of the Volyn region. 27. PUS "Vilniansk special comprehensive boarding school” of the Zaporizhzhia Regional Council. 28. PUS "Klevan special comprehensive boarding school No. 1” of the Rivne Regional Council. 29. PUS “Chernivtsi special CSE No. 3” of the Chernivtsi Regional Council. 30. Antonivka comprehensive boarding school of I-III degrees of the Novoodeskyi disctrict of the Mykolaiv Regional Council. 31. PUS "Mariupol mixed-type orphanage" Center of guardianship for preschool and school children of the Mariupol City Council of Donetsk region." 32. Sumy orphanage named after Suprun. 33. PUS "Khotyn comprehensive boarding school of No. 1 I-III degrees" of the Chernivtsi Regional Council. 34. Bukovynsky boarding school with enhanced military-physical training. 35. PUS "Training and rehabilitation center" of the Kryvyi Rih City Council of the Dnipropetrovsk region. 36. Konotop comprehensive boarding school. 37. Makeevka vocational school of social rehabilitation named after A.S. Makarenko. 38. Public educational institution "Chernivtsi Regional Training and Rehabilitation Center No. 1". 39. Volyn Scientific Boarding School of the Volyn Regional Council.
A list of the CSPRCs and OAs in which monitoring visits have been conducted in 2018
1. Chernihiv Center for Social and Psychological Rehabilitation of Children of the Children's Services. 2. PUS “Zaporizhzhia Regional Center for Social and Psychological Rehabilitation of Children” of the Zaporizhzhia Regional Council. 3. Regional CSPRC of the Ivano-Frankivsk Regional Council. 4. Regional CSPRC "Soniaschnyi Dim" of the Zhytomyr Regional Council. 5. Orphan asylum of the Children's Services of the Lviv Regional State Administration. 6. Vinnytsia Center for the social and psychological rehabilitation of children. 7. PUS “Orikhiv Regional Center for Social and Psychological Rehabilitation of Children” of the
Zaporizhzhia Regional Council. 8. Zhytomyr Center for the social and psychological rehabilitation of children. 9. Orphan asylum of the Children's Services of the Volyn Regional State Administration. 10. Volyn Regional Center for the social and psychological rehabilitation of children. 11. Regional Center for the social and psychological rehabilitation of children of the Sumy region of the village of Khoruzhivka. 12. Regional Center for the social and psychological rehabilitation of children of the Sumy region of the city of Shostka. 13. Public utility service "Center for the social and psychological rehabilitation of children of the Kirovohrad Regional Council.” 14. Kyiv Regional Center for the social and psychological rehabilitation of children “Father's House”. 15. Center for Social and Psychological Rehabilitation of Children of the Children's Services of the Ternopil Regional State Administration. 16. Regional Center for the Social and Psychological Rehabilitation of Children of the Mykolaiv Regional Council. 17. Sumy Center for the social and psychological rehabilitation of children. 18. PUS of the Kyiv Regional Council "Kiev Regional Center for Social and Psychological Rehabilitation of Children “Uzyn". 19. Center for the social and psychological rehabilitation of children "Happy childhood". 20. Apostolovo Center for the social and psychological rehabilitation of children “Nadiia”. 21. Kyiv Center for the Social and Psychological Rehabilitation of Children No. 1. 22. PUS “Regional Center for the Social and Psychological Rehabilitation of Children” of the Rivne Regional Council. 23. Kyiv Regional Center for the social and psychological rehabilitation of children “Kopyliv”. 24. PUS “Polohy Regional Center for Social and Psychological Rehabilitation of Children” of the Zaporizhzhia Regional Council. 25. Kamianske Regional Center for the Social and Psychological Rehabilitation of Children” of the Dnipropetrovsk Regional Council. 26. Center for the social and psychological rehabilitation of the Avtozavodsk District Administration of the Kremenchuh City Council. 27. Balakleia Center for the Social and Psychological Rehabilitation of Children of the Kharkiv Regional Council. 28. Regional Center for the Social and Psychological Rehabilitation of Children “Nadiia” of the Kharkiv Regional Council. 29. Velyka Novosilivka Center for the Social and Psychological Rehabilitation of Children of
the Donetsk Regional Council.