TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in UkraineSection 1Analysis of legislation on prevention of torture and illtreatmentof children; victim protection and assistanceProtection of children, the affirmation and safeguarding of their rightsplays an ever greater role in the social life of a country and is an importantarea of activity for bodies of civil society and the state. Children are specialfigures in numerous social relations, while being at the same time restrictedin exercising their possibilities and interests. Due to both psychological andphysical factors it is much easier for children to become the victims of abuseand ill-treatment by adults. For this reason protection of the child should forma separate area of activity by special state and civic institutions. Protection is ofthe greatest significance in cases where the child has been involved in criminaland criminal procedural relations or is in an unfavourable environment and issubjected to pressure from others. With respect to this there is a fair amountof international experience and quite extensive normative base.Questions concerned with bringing Ukraine’s legislation into line with internationalstandards and further implementation of these standards in practicalapplication of the law and in the legal life of the country as a whole remainextremely pertinent and important. One observes a process of standardizationof approaches to fundamental humanitarian values, among which therights of the child and possibility of exercising these rights take on particularsignificance.Ukrainian legal doctrine has always viewed the child as a special participantin legal relations but has never recognized them as autonomous figuresalso requiring additional attention and protection. In other words, the childhas already been seen as the object of influence and never as a participantwho is him or herself capable of influencing certain processes.On the other hand, Ukraine has ratified the main international normativeacts on protection and safeguarding of children’s rights. This alone reflects32
Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenthe need to implement in domestic practice the provisions set out in thoseinternational documents. Furthermore ratification of general and regionalinternational normative acts makes these a part of domestic legislation andtherefore the provisions contained therein are now norms which should befully in force in Ukraine. Unfortunately at present application of internationalnorms on protection of human rights, including the rights of the child is extremelyrare. The focus is mainly on application of Ukrainian normative acts.All of this makes the near clear and obvious for the organization and presenceof special state and civic institutions aimed at establishing additionalprotective mechanisms for children.Current domestic legislation does in fact have a large number of normativeacts regulating legal relations involving children. All of this legislation canbe broadly divided into two parts: a) normative acts applying to anybody, regardlessof age and b) special normative acts from various branches of lawparticularly concerned with minors.Those acts which apply to all individuals are basic, with fundamental requirementsformulated for ensuring human rights, respect of human dignity,and protection from torture and ill-treatment. These include, for example,Ukraine’s Constitution; the Criminal; Criminal Procedure; Penal and FamilyCodes.1.1. Definition of termsUkraine’s Constitution. The Constitution does not carefully differentiatewhich type of persons a given norms applies to. The norms of the Constitutionapply to all who are on legitimate grounds on Ukrainian territory. Article28 formulates the right to respect of his or her dignity by virtue of which noone shall be subjected to torture, cruel, inhuman or degrading treatment orpunishment that violates his or her dignity.However there is also a special norm in the Constitution. No person shallbe subjected to medical, scientific or other experiments without his or her freeconsent. Article 52 states that any violence against a child, or his or her exploitation,shall be prosecuted by law. Article 51 stipulates that the family, childhood,motherhood and fatherhood are under the protection of the State.Respect for human dignity should be unqualified and the starting pointfor all social relations. This is a general rule made up of many components.33
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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