TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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Torture and ill-treatment of children in Ukraine— Ensuring effective justice for juvenile offenders taking into accounttheir age, socio-psychological, psycho-physical and other specific developmentalfeatures;— Promoting the development of restorative justice;— Creating an effective system of rehabilitation of juvenile offendersaimed at re-education and re-socialization.The Concept Framework sets out various measures aimed at achievingthe above-mentioned objectives. These include:— Organizing a number of comprehensive educational events aimed atraising the professional knowledge of specialists working with children;stimulation by the State for the development of volunteer programmes.This could help increase the professionalism and specializationof staff in the relevant bodies;— Ensuring openness and access to the broader public of informationabout the principles, norms and rules on which legislation regardingjuvenile criminal justice is based;— Improving monitoring of juvenile crime and observance of the rightsof children who have come into conflict with the law;— Creation of proper living conditions and provision of the necessarymedical care in MIA Centres for the Reception and Distribution of Minors;SIZO [pre-trial detention centres] and special educational institutions;— Elaborating the mechanisms for interaction between state bodiesin the field of criminal justice;— Guaranteeing social patronage of minors serving sentences in specialeducational institutions and social rehabilitation institutions or whohave been released from such;— Ensuring that minors have access to free legal aid;— Training MIA staff; judges; prosecutors; defence lawyers; staff of bodiesof care and tutelage on issues regarding detective inquiry, pre-trialinvestigation and court proceedings involving minors;— Introduction of specialization for judges on examining court cases involvingminors;— Creating centres for urgent assistance working around the clock andincluding defence lawyers and social waters;— Introduction of mediation procedure as an effective method of voluntaryreconciliation between the victim and offender;74
Section 1Analysis of legislation on prevention of torture and ill-treatment of children— Preparation of corrective, educational-informative and psycho-educationalprogrammes;— Facilitating the creation of a probation service for minors one of whosefunctions would be to gather, generalize and provide the court withinformation of a socio-psychological nature about a juvenile offender,as well as ensuring that the proper patronage was carried out withregard to minors in special educational institutions or released fromthem; promoting their social adaptation and reintegration, includingby way of providing them with social accommodation, help in findinga job and receiving an education;— Improving the normative-legal base regarding protection of the rightsand legitimate interests of minors, for example, when they are beingprosecuted.;— Adoption of laws on free legal aid, mediation and a probation service;— Preparation of a State programme of social protection and rehabilitationof juvenile offenders;— Drawing up proposals on creating a single system of interaction andadministration of bodies working with children.The provisions mentioned here of the Concept Framework are thuspositive and should they be implemented, one could hope for the creationof certain institutions aimed at protecting the children. On the otherhand, however, such plans undoubtedly indicate the lack of a proper levelof protection of the child at the present time. In addition, more than a yearafter the approval of the list of the working group on the implementationof the Concept of Juvenile Criminal Justice in Ukraine, established by Decree , there have not been any meetings of the group. Given that much ofthe activities from the concept was envisaged for 2012, and they were notmet, on a practical level steps of juvenile justice significantly lower thanplanned ones.Some analysis of the present situation in child protection and of the provisionsof the Concept Framework is provided in the Letter from 07.06.2011from the Ministry of Justice: “A criminal justice system regarding minors is acivilized approach by the State to the problem of juvenile crime”. This documenton the actual state of institutions aimed at protecting the child states: inexamining the question of the creation of a juvenile criminal justice system, it The decree of the President of Ukraine of 25 January 2012 No. 26/2012-рп.75
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DesignerBoris ZakharovOn the cover
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Section 5. ANALYSIS OF THE EFFECTIV
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⇒ 1. Information about the projec
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TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

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