SECTION 2.
The results of NMP operation in Ukraine
141
For these reasons NPM Department continues correspondence with MESYS on
the matters still without proper response as well as on issues the response to
which did not provide evidence of any taken measures with regard to the greatest possible respect of the best interests of the child, as required by Article 3 of the
UN Convention on the rights of the child.
It should be mentioned that the representatives of some local educational authorities promptly responded to the criticisms expressed during personal meetings on the results of monitoring visits. For example, the leadership of the education and science department of Vinnytsya Region’s State Administration as early
as on the second day after the visit to a boarding school provided information not
only on elimination of the identified violation (adjacent placement of beds in the
dorm) but also about extension of such requirement on all boarding schools in
the region.
RESPONSE ACTION OF THE MINISTRY OF HEALTH CARE (MHC)
OF UKRAINE ON THE OMBUDSMAN’S RECOMMENDATIONS
Over the reporting period the Office of the Ombudsman of Ukraine sent a number of letters to the Ministry of Health Care of Ukraine, with recommendations
regarding elimination of shortcomings and human rights violations in the operation of specific health care institutions. It appears that some senior officials of the
Ministry fail to properly react to the Ombudsman’s requirements. In particular,
instead of checking on the facts of gross violations of human rights and freedoms
MHC sends to the Ombudsman letters from territorial health care departments
without any indication of specific measures planned by the Ministry in order to
eliminate the violations. Notably, most of the problems revealed during monitoring visits may be resolved only on condition of an active position of the Ministry.
Moreover, one of the replies signed by Deputy Minister of Health Care has an attached letter signed by medical director of the Ukrainian high security psychiatric hospital and stating that information on some shortcomings identified by the
staff of NPM Department is not true.
On September 17, 2012 the Ombudsman sent a letter to M. Azarov, Prime Minister
of Ukraine, on the necessity of regulating the security arrangements at compulsory treatment units and the procedures for their patients, in compliance with the
international standards of medical services to persons with mental disorders and
of the security of medical personnel. On September 24, 2012 the Prime Minister
tasked the leaderships of the Ministry of Internal Affairs, Ministry of Justice and
Ministry of Health Care to consider this issue. It was decided to form a working
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