CAT/OP/UKR/3
be provided in an age-appropriate format that enables them to understand their
health status, treatment options and the remedies available. Decisions concerning legal
capacity, involuntary hospitalization and involuntary treatment should be subject to
judicial oversight.
Boarding schools
102. While positively noting the dedicated staff and community atmosphere at
Darnytskyi orphanage boarding school in Kyiv, the Subcommittee is concerned that the
institution is not provided with sufficient resources to accommodate children living there
according to international standards. The Subcommittee found that the ratio of children to
teachers is around 15 to 1, which is insufficient given that the children possess a range of
intellectual and physical disabilities and that each staff member is tasked with attending to,
educating and supervising children under his or her care. The Subcommittee is concerned
that the salary of staff, which is around Hrv 2,400 ($90) per month, is not sufficient
compensation for the work done and that staff do not have the resources needed to deal
with demanding conditions, including inevitable incidents of violence and difficult
behaviour. Moreover, the Subcommittee has observed that both children and staff occupy
tight living quarters, with many persons sharing relatively small rooms.
103. The Subcommittee recommends that the State party increase financial and
human resources to the Darnytskyi orphanage boarding school and to other similarly
situated institutions in order to ensure the ability to accommodate children with
intellectual and physical disabilities according to international standards. With
additional resources, the Subcommittee recommends that the State party renovate the
facilities to increase residents’ private sleeping and living space. The Subcommittee
further recommends that the State party increase staff salaries.
Criminal justice institutions
104. While understanding the State party’s efforts to ensure that juveniles are not
isolated, the Subcommittee is concerned that children may be placed on the same premises
as adults in criminal justice institutions, which may, among other things, expose them to
sexual violence. The Subcommittee notes, in particular, that female juveniles can be placed
with women in Mikolayiv SIZO if authorized by the prosecutor. In addition, during its visit
to Kyiv SIZO, the Subcommittee observed a girl sharing a cell with a woman, in a building
separate from the one where juvenile males reside, raising the concern that she might not
benefit from the same educational opportunities and social interaction as those enjoyed by
her male peers. In Kyiv SIZO, the Subcommittee also noticed that boys were
accommodated in a men’s wing.
105. During its visit, the Subcommittee met children detained in SIZOs with bright
rooms, access to books and good hygienic conditions, but notes that the quality of those
conditions was subject to parental and other outside support. That being the case, the
Subcommittee remains concerned about children in SIZOs and ITTs, where it also observed
juveniles detained in dimly lit cells, with poor hygiene and dirty clothes, and where it has
received reports of illness-inducing food.
106. The Subcommittee recommends that the State party introduce alternatives to
detention for juveniles, who ought to be detained only as a measure of last resort.
Where detention is absolutely necessary, the Subcommittee recommends that the
State party ensure that all juveniles benefit from educational and recreational
opportunities, as well as peer interaction, on an equal basis. The Subcommittee recalls
that international guidelines envisage separate regimes for juveniles and adults in
detention.6
107. The Subcommittee recommends improvements in terms of hygiene, ventilation
and climatic conditions in cells occupied by juveniles, according to international
6
See the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana
Rules), rule 29; the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules), rules 13.4 and 26.3; and the Convention on the Rights of the Child, art.
37.
17
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