TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenOverall this normative act concentrates on defining procedure for sendingappeals regarding cases of violence against a children or the threat of suchviolence; as well as system of competent bodies in the sphere of protectingchildren against violence.— According to the Order the system of bodies is as follows:— Juvenile affairs services;— Internal Affairs bodies;— Educational bodies and establishments;— Healthcare bodies and institutions;— Departments (divisions) on Family and Youth Matters;— Social Service Centres for Young People;— Refuge for minors and a centre for socio-psychological rehabilitation.Appeals (reports) of cases of ill-treatment of a child may be submitted bythe child him or herself; as well as by individuals according to the place of residencegiven facts of such treatment or a real threat of it. The appeals (reports)are accepted by officials from Internal Affairs bodies; educational bodies andestablishments; healthcare bodies and institutions; departments of familyand youth matters; social service centres for young people and handed forregistration to the relevant territory subdivision of the juvenile affairs serviceswithin 24 hours of receipt.The Law on the Protection of Childhood also contains norms which extendits force to criminal law; criminal procedure and administrative legal relations.For example, Article 33 establishes that the right of the children to personalfreedom is protected by law.Detention and arrest of minors is applied as an exceptional measure andonly in cases and according to procedure established by law. As mentionedpreviously, the law requires that the relevant bodies inform parents or thosesubstituting them, as well as the Prosecutor’s office when a child is detained.It is not permitted to hold a child in the same premises as adult detainees,people under custodial arrest or convicted prisoners. It is prohibited to useviolence, threats and other unlawful actions in order to force a child to givetestimony as a witness or confess to guilt.The Law defines the special features for protecting the rights of the childin special educational and upbringing institutions for minors who need specialconditions. For example, Article 34 of the Law establishes that juvenileoffenders, who need special conditions for education, are sent, according71