TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenThis document does indeed stipulate the foundations for the work of juvenileaffairs bodies, however its failing is that in terms of its legal regulation itprobably falls more into the branch of state construction. That is, the systemof bodies on juvenile affairs is established with a focus on the administrativecomponent. The creation is assumed of certain bodies, their status, subordination,sources of funding and main tasks are set out. At the same time thelegal status of a child held in one or other institution is not regulated.We are once again dealing with a child who is the object of influence.The procedure for keeping children in these institutions is not stipulated bycurrent legislation. The normative acts which regulate the status of the institutionsand the status of the children who are placed there, the conditionsin such institutions do not contain norms devoted to such issues as medicalcare for children; possible use of disciplinary measures (incentives and punishments);the possibility for children to lodge complaints, appeals and statements,etc. There is no clear approach to the rights of the child; the child’sduties, mechanisms for enjoying and safeguarding rights. One can thereforenot speak of algorithms for mutual relations of the state, as represented bythe relevant institutions and establishments, and the child, whom the state,in view of its ratification of the main international documents on the rights ofthe children, should view as the subject of legal relations. Most of the normswhich regulate the mechanisms for protecting children from torture, violenceand ill-treatment are contained in other legislative acts. They will be consideredseparately.It is an undoubtedly positive aspect of this law that the terms are clearlystipulated during which a child can be held in certain institutions.On the basis of the above one can state that legal regulation for restrictingchildren’s liberty and holding them in various establishments with an educationaland social rehabilitation focus in Ukraine is at the beginning stage andis for the moment confined to declarations.Incidentally none of these measures can be viewed as indicating that achild is serving criminal punishment and therefore as involving a criminalrecord or any adverse consequences of committing an unlawful action. Thenormative acts do not say this, yet in fact the practice of application of the lawshows that such facts are definitely taken into consideration in examining achild’s biography. Furthermore this “taking into account is always of a negativenature and assessment.55