TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

More documents

Recommendations

Info

Torture and ill-treatment of children in Ukraine— encouraging minors to use stimulants;— encouraging minors to use intoxicating substances.As one can see from this list, the Criminal Code does not contain specialarticles setting out liability for torture of children. The listed crimes envisageon the one hand liability for actions each of which could be viewed as a formof cruel or inhuman treatment or torture. Ukraine’s legislation divides theminto separate crimes and envisages liability for these actions. The EuropeanCourt of Human Rights on the contrary within the framework of a specific casecan recognize as torture or ill-treatment any forms of behaviour resulting ina child suffering. As they note in legal literature, the case-law of the EuropeanCourt of Human Rights shows that the difference between different forms oftreatment and punishment contained in Article 3 of the European Conventionon Human Rights and Fundamental Freedoms does not play a significant role,yet any of these actions signifies breach of the Convention.Over recent years liability for crimes against children has become moresevere.Furthermore, the committing of other crimes where liability is envisagedby the Criminal Code with respect to a small children or minor is considered anaggravating circumstance. Article 67 of the Criminal Code names the followingaggravating circumstances:— committing a crime against a small child, an elderly person or a personwho is in a helpless state;— committing a crime against a person who is in material, work-relatedor other dependence on the perpetrator;— carrying out a crime through the use of a small child or person sufferingfrom psychological illnesses or not in a fit mental state.It is thus specifically age, physical condition and health that are factorsdictating increasing victimization and sensitivity, and carry with them moreserious liability.In some crimes the committing of criminally punishable actions withrespect to a small child or minor is a factor leading to harsher criminal liability.If dealing with officials who demonstrate elements of torture in their behaviour,or ill-treatment of a minor, such behaviour will be classified depend- Prosecutor’s supervision over observance of Ukraine’s law on preventing violenceagainst children — Kyiv, KIC, 201064
Section 1Analysis of legislation on prevention of torture and ill-treatment of childrening on the specific circumstances according to a special Article of the CriminalCode.Sanctions for the articles named envisage liability with a wide range ofpossible punishments from a fine for the least dangerous actions to deprivationof liberty. The crime committed on the basis of the level of its social dangermay be classified as among grave crimes.Criminal law specialists and human rights workers have long spoken of itsbeing sensible to set out crimes against children and the family in a separatechapter. Such a way of building criminal law does indeed seem correct sinceit would make it possible to articulate what has in fact long been the case, theseparation of special objects of criminal encroachments — the child and thefamily. This would also make it possible to properly formulate such crimes astorture of a child and cruel, inhuman or degrading treatment or punishmentof a child. Definition of such crimes would raise the level of protection of thechild, provide assistance in practice of law application, and would bring domesticlegislation closer to international standards.As for administrative liability, this is set out in Articles 173-2, 180, 184 ofthe Code of Administrative Offences. These include such administrative offencesas:— Committing acts of violence within the family; failure to comply witha protection order by the person it was taken out against; failure by aperson guilty of violence within the family to attend a corrective programme;— bringing a minor to a state of intoxication by the parents of the minor,those replacing them or other persons;— avoidance by parents or those replacing them of fulfilling the dutiesset down in legislation to ensure the necessary conditions for living,studying and bringing up underage children.As can be seen, legislation on administrative offences and administrativeliability also fail to envisage the possibility of holding those guilty oftorture or ill-treatment liable for a separately defined offence. If some actionshave been committed, the person can be charged with administrativeliability only if there are the elements of another offence in their actionswhich can be categorized under one or other article of the Code of AdministrativeOffences.65
Page 2:
DesignerBoris ZakharovOn the cover
Page 5 and 6:
Section 5. ANALYSIS OF THE EFFECTIV
Page 7 and 8:
ForewordThe investigation comprised
Page 9 and 10:
Methodological framework of the stu
Page 11 and 12:
Methodological framework of the stu
Page 13 and 14: Methodological framework of the stu
Page 15 and 16: ⇒ 1. Information about the projec
Page 33 and 34: Section 1Analysis of legislation on
Page 45: Section 1Analysis of legislation on
Page 48 and 49: Torture and ill-treatment of childr
Page 114 and 115:
Torture and ill-treatment of childr
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196:
Науково-практичне
show all

TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Create successful ePaper yourself

Delete template?

Save as template?