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Asamblea General Distr Naciones Unidas A/HRC/16/NI/5 Asamblea General Distr. general 28 de febrero de 2011 Español Original: inglés Consejo de Derechos Humanos 16º período de sesiones Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Información presentada por el Comisionado para los Derechos Humanos del Parlamento de Ucrania* Nota de la Secretaría La Secretaría del Consejo de Derechos Humanos transmite adjunta la comunicación presentada por el Comisionado para los Derechos Humanos del Parlamento de Ucrania**, que se reproduce a continuación de conformidad con el artículo 7 b) del reglamento que figura en el anexo de la resolución 5/1 del Consejo, según el cual la participación de las instituciones nacionales de derechos humanos se basará en las disposiciones y prácticas convenidas por la Comisión de Derechos Humanos, incluida la resolución 2005/74, de 20 de abril de 2005. * La institución nacional de derechos humanos tiene la acreditación de la categoría "A" ante el Comité Internacional de Coordinación de las Instituciones Nacionales para la Promoción y la Protección de los Derechos Humanos. ** Se reproduce en el anexo como se recibió, en el idioma en que se presentó únicamente. GE.11-11436 (S) 090311 100311 A/HRC/16/NI/5 Anexo Summary of the special report of the Ukrainian Parliament Commissioner for Human Rights "State of observance and protection of the rights of the child in Ukraine"1 Introduction Protection of the rights and interests of the child is one of top priority tasks of the Ukrainian State as the level of respect for children and their rights, freedoms, and human dignity is the most accurate indicator of a humane and civilized society. The international standards for the rights of the child that have developed over the course of many decades are enshrined in several fundamental international documents. Back in 1924, the League of Nations drafted and adopted the Geneva Declaration of the Rights of the Child. After the UN was formed in 1945, the international focus on the rights of the child strengthened; the international community adopted a number of documents defining the status of children under the age of 18 and the obligations of the state and society to them. The issues of protection of the rights of the child were addressed in the Universal Declaration of Human Rights adopted by the UN in 1948, and the 1966 International Covenants. Article 24, Section 1 of the International Covenant on Civil and Political Rights stipulates the following: "Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State." In 1959, the UN adopted the Declaration of the Rights of the Child which had a major effect on the policies of governments and parliaments all over the world. On November 20, 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child rightfully considered to be the constitution for children. The Convention introduced the latest universal standards for implementation of the rights of children in the world and in each country. The Convention declares the right of the child to have his/her own views and contains the provision that in all actions concerning children the best interests of the child shall be the primary consideration. The Convention has been ratified by almost every country of the world except the USA and Somalia. Ukraine was one of the first UN member states to have ratified the Convention on the Rights of the Child on February 27, 1991. By doing so, Ukraine acknowledged that children are an especially vulnerable group in view of their age, mental and physical development, and therefore they require special care and protection. Ukraine undertook a number of commitments under the Convention, particularly regarding the reform of the national legislation to bring it in line with the international standards. Ever since the institution of the Ukrainian Parliament Commissioner for Human Rights was established, the Commissioner has always paid special attention to children’s rights and has closely monitored their implementation and compliance. "Human rights begin with the 1 The full text of the Special Report is available at http://www.ombudsman.kiev.ua/S_dopovid_04_en/Dop4_en_Zmist.htm 2 GE.11-11436 A/HRC/16/NI/5 rights of children" is the governing principle of the work of the Ukrainian Ombudsman. Every Annual Report of the Ombudsman includes the analysis of the implementation of children’s rights and freedoms. A separate chapter in the Annual Report presented by the Commissioner to the Verkhovna Rada (Parliament) of Ukraine in June 2009 was dedicated to the protection of the rights of the child. The Special Report «State of Observance and Protection of the Rights of the Child in Ukraine» is based on the findings of a comprehensive long-term monitoring of the whole range of issues related to the implementation and protection of children’s rights and freedoms, particularly the analysis of many complaints received by the Commissioner for Human Rights, including those submitted directly by children. The Report contains the analysis of legislative implementation of the rights of the child in accordance with the international standards; implementation of the rights of the child to life and health care, adequate standard of living, education, and employment; and proposals to improve the procedures for national and international adoption of Ukrainian orphans and children without parental care. The Commissioner for Human Rights believes that implementation of children’s rights in accordance with the UN Convention on the Rights of the Child requires joint efforts of the central and local government agencies and the public to raise awareness of children and adults regarding the existing mechanisms and means of protection of children’s constitutional rights and freedoms, implement a single national education program for the young generation, develop and establish a recreation system for children accessible to all, provide government support to children’s organizations, introduce an effective mechanism to prevent the worst forms of child labor and counter them, and increase liability for violation of children’s rights. The well-being of children and protection of their rights and human dignity should be the main concern of the whole Ukrainian society. On February 27, 2011, Ukraine will mark the 20th anniversary of the ratification of the UN Convention on the Rights of the Child. The main idea of the UN Convention on the Rights of the Child is that "in all actions concerning children...the best interests of the child shall be the primary consideration". 1. Implementation of the International and European standards of the Rights of the Child in the National Legislation of Ukraine The 1989 UN Convention on the Rights of the Child is a cornerstone international document that set the basis for international standards for protection of children’s rights. Having ratified the Convention twenty years ago, Ukraine, just as other countries, has been developing its national legislation on the protection of children’s rights to bring it in line with international documents. The international standards for the protection of children’s rights have been enshrined in the Constitution of Ukraine, the Law of Ukraine On Child Protection, the Family Code, and other laws and regulations. Their implementation is a top priority objective of the state. In accordance with Article 9 of the Constitution of Ukraine, the following international documents on the protection of children’s rights have entered into force and were integrated into the national legislation as mandated by the Verkhovna Rada (Parliament) of Ukraine: • the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography (ratified on April 3, 2003); GE.11-11436 3 A/HRC/16/NI/5 • the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (ratified on June 23, 2004, with a statement); • the Agreement on Cooperation of the CIS Member-States on issues pertaining to repatriation of minors to their state of permanent residence (ratified on January 12, 2005); • the Convention on Cybercrime (ratified on September 7, 2005, with reservations and statements); • the Convention on the Civil Aspects of International Child Abduction (ratified on January 11, 2006); • the Convention on the Recovery Abroad of Maintenance (signed on July 20, 2006, with a statement); • the Additional Protocol to the Convention on Cybercrime, on criminalization of acts of racist and xenophobic nature committed through computer systems (ratified on July 21, 2006, with reservations); • the European Convention on the Exercise of Children’s Rights (ratified on August 3, 2006, with a statement); • the Hague Conference on Private International Law Convention on Recognition and Enforcement of Decisions Relating to Maintenance Obligations (signed on September 14, 2006, with a reservation and a statement); • the European Social Charter (revised) (ratified on September 14, 2006, with statements); • the Hague Conference on Private International Law Convention on Jurisdiction, Applicable Law, Recognition, Enforcement, and Cooperation in respect of Parental Responsibility
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