TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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