Law “On the Protection of Childhood”

The Law of Ukraine “On the Protection of Childhood” establishes key principles for the protection of children’s rights, particularly in the context of armed conflicts, military actions, and emergencies. Adopted as part of the state’s overall policy on protecting vulnerable groups, this law focuses on safeguarding children’s rights; ensuring their safety, as well as access to medical, social, and psychological services; and preventing their involvement in armed conflicts. Specific articles of the law detail the rights of children affected by military actions and address child protection and rehabilitation.

Article 1  provides key definitions related to children affected by military actions or armed conflicts. Specifically, it defines a child who has suffered physical, psychological, or sexual trauma as a result of war, as well as a refugee child who has been forced to flee the country due to well-founded fears of persecution. This provision helps to clarify the categories of children who require special protection and support from the state and the international community.

Article 30 clearly prohibits the participation of children in armed conflicts. This includes not only direct involvement in combat but also recruitment, training, funding, or any other means of using children in military actions. The law strictly forbids the involvement of children in illegal armed formations and violent actions. The state is obligated to take all possible measures to prevent such use of children, and individuals responsible for violating these provisions face criminal liability. This article is crucial given the risks children face during times of war and underscores the state’s responsibility to protect them from being drawn into military activities.

Article 30¹ establishes measures for the protection of children who are in war zones or have been affected by armed conflicts. It covers a wide range of state actions, including the reunification of children with their families, their search, release from captivity, and return to Ukraine if they have been illegally taken abroad. If a person’s identity cannot be determined but there is reason to believe they are a child, they are entitled to protection under this article until their age is established. The state also provides for the relocation of children from dangerous areas to safer regions and ensures their resettlement with legal guardians. This article is vital for the practical protection of children during active military operations and aims to secure the safety of children at risk.

Article 30² focuses on protecting children who have suffered from sexual violence or have witnessed it during the war. The law obligates the state to identify such cases, receive reports of violence, provide affected children with medical and psychological assistance, and ensure their rehabilitation. Special attention is given to developing child-friendly methodologies for conducting interviews and interrogations of children who have been victims of sexual violence. This article highlights the importance of providing specialized assistance to children in cases of sexual violence, especially in the context of armed conflict, where the risk of such crimes increases.

Overall, the Law “On the Protection of Childhood” establishes a legislative framework for the protection of children during times of war, ensuring their safety, the right to medical and psychological assistance, and social support. However, the implementation of the law’s provisions requires significant efforts from the state and international partners, particularly in the context of ongoing military actions in Ukraine.