CAT/OP/UKR/3
mothers and their children, as well as between them and their visitors. The
Subcommittee also recommends that pregnant women be accommodated in renovated
facilities in order to maintain both their privacy and their health.
95.
The Subcommittee further recommends that the State party ensure the
provision of appropriate psychological care to pregnant women and new mothers to
reduce the risk of psychological suffering and to minimize the negative effects of
detention on children. The State party should provide additional counselling, healthcare treatment and medication, as needed.
96.
Similarly, the Subcommittee recommends that the State party reorganize the
mother and baby unit in Chornomorsk, using the Chernihiv unit as a model, so that
mothers and babies may live together in appropriate facilities. It also recommends
that mothers and children be separated only in cases of acute medical need and that
decisions about such separations be made on a case-by-case basis, keeping in mind the
best interests of the mother and child. Furthermore, the Subcommittee recommends
that the State party increase resources to these units in order to minimize fiscal
dependency on outside donors.
97.
The Subcommittee requests that the State party urgently address reported illtreatment of women in the Chornomorsk mother and baby unit. The State party is
encouraged to strengthen oversight of that unit and to guarantee effective remedies as
a result, including the removal of abusive staff. The Subcommittee recommends that
protection against reprisals be guaranteed to ensure the accuracy of information
received by oversight mechanisms.
Reception centres for children
98.
The Subcommittee notes that, following the 2012 revision of the Criminal Procedure
Code, child reception centres lack a clear legal status and accommodate only a limited
number of children. The Kyiv centre, for example, accommodates no more than five
children at a time, despite a capacity of 40 and a complement of 20 on-duty staff. The
Subcommittee understands that children are kept in such centres as a transitional measure
before being sent to another place of detention or transferred abroad. However, as those
institutions do not appear to have comprehensive operating principles, their status in the
system of detention is unclear and the Subcommittee is concerned that children can be held
in them for up to 30 days without benefiting from a regulated regime of educational and
social activities.
99.
The Subcommittee recommends that the State party clarify the role of child
reception centres in its system of detention, providing an appropriate legal basis and
adequate funding for institutions that have been kept open following the revision of
the Criminal Procedure Code. It also recommends that the State party provide
sufficient resources for age-specific interventions, as in others places of detention,
including continuous education, social services and medical care.
Mental health institutions
100. The Subcommittee is concerned about the process of admitting children to mental
health institutions, given that there is apparently no court supervision of the process nor of
the medical treatment provided. While administrators confirm that children over 14 years of
age are required by law to give consent before being placed in a mental health institution,
the Subcommittee is not confident this is always done in practice. In addition, children
under 14 years of age are not consulted and do not appear to be informed before they
receive psychiatric interventions. For example, the Subcommittee has learned that children
who are patients in mental health institutions may have medication put in their meals if they
refuse treatment. Furthermore, it appears that the children’s unit of the Pavlova City
Psychiatric Hospital lacks a formal complaints mechanism. Instead, concerns about
involuntary treatment have been expressed and responded to orally.
101. The Subcommittee recommends that the State party conduct routine, case-bycase verifications of the legal competence of patients upon admission before
substituting the decisions of others, including relatives and medical personnel, for that
of the patients. For child patients, it is recommended that information about their
health status and rights, potential interventions and alternatives to medical treatment
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