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MONITORING OF CUSTODIAL SETTINGS IN UKRAINE:
Violations of children’s rights in
boarding schools that are qualified as
cruel treatment
•
Inadequate procedures of referral
of the children to the center of
psycho- pedagogical correction on
the basis of applications from their
parents, custodians or boarding
school administrations, which created
opportunities for abuse on the part
of unscrupulous adults. Analysis
of residents’ personal files showed
that many orphans and children
deprived of parental care were
referred by the administrations of
boarding institutions. In particular,
the monitoring team observed the
negative trend of referral of such
children from Balta special boarding
school for children with mental
development retardations, although
such children first and foremost require
special assistance to address related
behavioral disorders. In the center
there was even a child with Down
syndrome - despite the fact that the
center has no opportunity to provide
proper medical care, not to mention
rehabilitation. It was also found that
one resident with the status of a
child with no parental care had been
referred to the center by own custodian
- a professional psychologist. She gave
her consent to continued residence of
the child in the institution and paid for
it only 455.6 UAH per month out of aid
received from the state which at the
time of the monitoring visit amounted
to two subsistence levels for children
from 6 to 18 years old and equaled
2,420 UAH;
•
At Fontanka social rehabilitation
school child labor was found to be
used as punishment (in particular,
cleaning of latrines); this was reflected
in the residents’ explanations kept in
their personal files;
•
In the visiting room of Fontanka
Private interviews with the pupils, written
and oral surveys of the residents and
members of staff, inspection of all key units
and premises of the visited institutions,
thorough examination of personal files
and medical records enabled NPM staff to
identify some violations of children’s rights
that may be assessed as cruel or degrading
treatment.
In particular, 2013 visits of schools of
social rehabilitation revealed the following
violations:
•
Children placed into Fontanka
rehabilitation school by court decision
stay together with those referred to
the center of psycho-pedagogical
correction by the Department of
Education and Science of Odessa
Regional State Administration, with
the consent of children’s care services
and at the request of parents or
persons in loco parentis (in accordance
with the Regulation on the Center
of psycho-pedagogical correction
with Fontanka school of social
rehabilitation for children with various
forms of deviant behavior). According
to mentioned Regulation the center
is for re-socialization and social
rehabilitation of children 8 to 14 years
old with persistent deviant behaviors
who escaped from their families and
schools and found themselves in
difficult circumstances. As a result,
the same institution at the same time
held eight-year-olds with behavioral
disorders and juvenile offenders,
although according to Art. 498 of the
Code of Criminal Procedure of Ukraine
even juvenile offenders are placed in
social rehab schools only as of 11 years
old;
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