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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