Safety not at the cost of divorce: UMDP position on evacuation of children

On February 13, the draft Law of Ukraine on Amendments to Certain Legislative Acts of Ukraine on the Settlement of the Issue of Mandatory Evacuation No. 12353 was sent to the President of Ukraine for signature.

The Law introduces targeted changes in the process of evacuating the population from settlements located in the territories of active and possible military (combat) operations, aimed at prompt response in conditions of military danger, including to ensure the protection of children. At the same time, such changes require particularly careful and timely regulatory detailing to ensure that their application is lawful, understandable and safe for children and their families.

The law provides that if a child is in the territory of active hostilities, and if parents, other family members, relatives or legal representatives refuse to accompany the child during the mandatory evacuation previously announced by the military administration, such evacuation is carried out by the National Police of Ukraine with the subsequent transfer of children to guardianship and custody authorities in safe areas.

The Ukrainian Child Rights Network recognizes the need for prompt solutions to protect and preserve the life of a child. In the territories of active hostilities or in the immediate vicinity of them, the basic rights of the child are systematically violated or cannot be guaranteed, in particular, the right to life, survival and development, the right to education, the right to health, the right to protection from all forms of violence, the right to an adequate standard of living and other rights enshrined in the UN Convention on the Rights of the Child. Ensuring these rights is the duty of the state even in times of war.

At the same time, the implementation of this Law is associated with a number of significant challenges to guaranteeing the rights of the child to family upbringing, protection from separation from parents, and the right to be heard, which calls into question the observance of the principle of the best interests of each child. The evacuation of unaccompanied children should be used only as a last resort and only after a proper assessment of the situation, which confirms that protection and assistance to families cannot be provided on the spot and that the evacuation of the entire family is impossible.

In this regard, we urge to ensure that the necessary bylaws and procedural mechanisms are adopted as soon as possible after the Law enters into force, which will ensure that the

• ensure proper, timely and understandable informing of families about the conditions of evacuation, route, place of further stay and available services, as obtaining reliable, understandable information is a key prerequisite for families to make informed and voluntary decisions about evacuation;
• will provide for family support as a priority child protection tool and contain effective preventive measures against the separation of children from their families;
• clearly define decision-making algorithms, ensure transparency of procedures and systematic interagency control over the observance of children’s rights, conditions of their movement, placement and further stay.

Such mechanisms should ensure that each decision to evacuate a child is made individually, in accordance with his or her best interests, taking into account his or her safety, social, psychological and family needs. Only a systematic approach, adequate resources and continuous monitoring will ensure that the implementation of the Law is truly in the best interests of the child.

Particular attention should be paid to preventing evacuated children from being placed in public or private residential institutions: family and family-like care should remain a priority. After all, international standards and scientifically proven approaches show that the institutional environment does not provide adequate conditions for child development and should be considered only as a temporary and last resort. Public policy should consistently invest in family support, the development of family-based care, early detection of vulnerability, and accessible social services in communities.

Also, given that today a significant part of the practical work on evacuation and support of children and families with children is carried out by public and charitable organizations, including those that are members of the Ukrainian Child Rights Network, we believe it is critically important to involve representatives of the network in the development of bylaws and their testing.