Constitution of Ukraine, Articles 51 and 52

The Constitution of Ukraine holds the highest authority in the Ukrainian legal system and serves as the foundation for all other laws and policies. It outlines the state’s core responsibilities, including the protection of human rights, with special provisions dedicated to safeguarding the rights of children. Articles 51 and 52 of the Constitution explicitly address the protection of childhood, emphasizing the state’s obligation to ensure that children, as part of the family unit, receive adequate care and security.

Article 51 guarantees that the family, childhood, motherhood, and fatherhood are protected by the state. This article establishes a broad mandate for the government to support families and ensure that children are raised in a safe and nurturing environment. Particularly during times of armed conflict, the protection of children becomes a critical responsibility, requiring the state to take all necessary measures to prevent harm to children and ensure their rights are upheld.

Article 52 goes further to provide specific protections for children, affirming their right to equal treatment and safeguarding their well-being. It ensures that orphans and children deprived of parental care are placed under the state’s custody and care, highlighting the state’s role in providing support and protection to vulnerable children. This article also prohibits any form of violence, exploitation, or abuse against children, setting a legal standard that binds the government and all relevant institutions to actively prevent and combat such violations.

The adoption of these constitutional provisions reflects Ukraine’s commitment to international human rights standards, particularly the UN Convention on the Rights of the Child, which Ukraine ratified in 1991. These articles are not just declarations of intent; they create legally binding obligations for the state to protect children, especially during times of crisis, such as armed conflict. As the supreme legal act, the Constitution requires that all other laws, policies, and actions by the government align with these core principles of child protection.