War is a tragedy that spares no one, but it hits children the hardest, making them the most vulnerable victims. Every day, hundreds of thousands of Ukrainian children face dangers that threaten their lives, health and basic rights, which seem inviolable in peacetime. The destruction of homes, educational institutions, and recreational facilities is not just a physical loss, but the destruction of the safe environment necessary for children’s normal development. Many children are forced to leave their homes, be separated from their parents or relatives, and experience deportation, physical and psychological violence. All this leaves deep psychological trauma, the impact of which can affect their lives for decades.
Ukrainian children, like children everywhere in the world, have an inalienable right to life, access to education, healthcare and, most importantly, the right to remain with their families, even in the most difficult of times. Despite all the difficulties, parents should be aware that they can and should defend these rights using the available legal mechanisms.
What should I do if my child’s rights are violated? Where to go for help? What to do when a child faces discrimination, loses access to education or medical care? The answers to these questions were provided by the lawyers of Repeshko & Partners Law Firm.
Where to go in case of a missing child
The protection of children’s rights in wartime is an extremely important and multifaceted issue that requires special attention, as children are the most vulnerable group, suffering not only physical but also psychological trauma. One of the key aspects is the protection of the rights of deported or forcibly displaced children, who often find themselves without family, in unfamiliar conditions, and may be subject to abuse or exploitation.
In the event of a missing child, it is important for parents and relatives to know which agencies to contact. The first step is to immediately report the child’s disappearance to the National Police of Ukraine and file an application with the nearest legal aid centre. An important resource is international organisations such as UNICEF and the Red Cross, which often help coordinate the search for children, even searching for them outside of Ukraine. In addition, there are a number of hotlines, including national and international, that can be contacted for help.
At the same time, you should look for information about the child through special online platforms created to search for missing persons, such as Missing Children Europe or the International Organisation for Migration (IOM), which can help you get on the trail of a deported child. Being aware of these resources and acting swiftly when rights are violated are important steps in ensuring the protection of children in difficult circumstances during war.
Register of information on children who have been deported or forcibly displaced
Recently, on 29 October, the Cabinet of Ministers of Ukraine approved a resolution aimed at strengthening the protection of the rights of children who have been deported or forcibly displaced due to the armed aggression of the Russian Federation against Ukraine. This resolution aims to improve the mechanisms for collecting, analysing and recording information about such children, ensure their return to their homeland, and establish data exchange with international organisations. This will be an important step in the fight against gross violations of international humanitarian law committed by the aggressor state. A key element in this initiative is the creation of a special register that will contain information about children who have been deported or forcibly displaced. The register will become an important tool for organising the search, verification and return of children to Ukraine, and will allow state authorities to promptly exchange information with international bodies, including the International Committee of the Red Cross, which will greatly facilitate the protection of the rights of affected children.
This register will function to ensure the collection and compilation of information on
- persons deported in connection with the armed aggression of the Russian Federation against Ukraine, including children;
- persons forcibly displaced in connection with the armed aggression of the Russian Federation against Ukraine, including children.
The functioning of the register is ensured, inter alia, through the exchange of information with the International Committee of the Red Cross, the Central Tracing Agency of the International Committee of the Red Cross and other international organisations on persons, including children, deported or forcibly displaced in connection with the armed aggression of the Russian Federation against Ukraine. The register is not yet fully operational.
Portal ‘Children of War’
This platform was created by the Ministry of Reintegration together with the National Information Bureau on behalf of the Office of the President of Ukraine to search for children, rescue them and release them from places of forced displacement or deportation.
This resource contains information about children of those killed, wounded, missing, deported, and those who have been found and rescued. Here you can report
- About a child who is lost;
- a crime committed against a child;
- if you have found an unaccompanied child;
- If you know about the fact of deportation of a child;
- about the forced change of a child’s citizenship and documents;
- other violations of children’s rights during the war.
The resource also serves as a channel for reporting cases of missing children, crimes committed against children, unaccompanied children, deportation, forced change of citizenship and documents, and other violations of children’s rights during the war to law enforcement agencies (including the National Police of Ukraine and the Office of the Prosecutor General) and the National Information Bureau by registering appeals on the website.
In addition, the resource contains useful psychological, medical or informational information, such as the ‘Booklet for people who have found/encountered an unaccompanied child’, ‘Directory of contacts of organisations and institutions providing assistance during martial law’ and many others.
According to this resource, 584 children are currently considered dead, 1934 missing, 19546 deported or forcibly displaced, 34358 found, and 388 returned.
Portal of the nationwide programme ‘No Child Left Behind’
This programme was launched by the Office of the President of Ukraine in cooperation with UNICEF Ukraine and the Ministry of Social Policy. The programme is a chatbot called ‘A Child is Not Alone’ – a resource for helping children in wartime and a website that provides information on how to help children who have lost their parents, are lost, need shelter or whose rights have been violated during the war.
In fact, the programme operates in two directions: the chatbot allows families and foreign organisations to apply to children’s services for temporary placement of a child.
The website itself contains the legal framework governing the protection of children’s rights, information for relatives and guardians, journalists and psychologists on how to act and communicate with children in a given circumstance, and a wealth of other useful information and news.
Coordination Headquarters for the Protection of Children’s Rights under Martial Law
Parents and guardians should also be aware that the Government has adopted Resolution No. 302 of the Cabinet of Ministers of Ukraine ‘On the Establishment of the Coordination Headquarters for the Protection of Children’s Rights under Martial Law’ dated 17.03.2022.
The main tasks of the Coordination Headquarters are
- coordination of actions of central and local executive authorities, local self-government bodies to organise the evacuation of children, including children with disabilities and orphans, children deprived of parental care, who have not reached the age of 18 and are living or enrolled in institutions of various types, forms of ownership and subordination for round-the-clock stay, who are placed for upbringing and cohabitation in a foster family, family-type children’s home, who are under guardianship, care, who are placed in foster care families
- Coordination of actions of central and local executive authorities to accommodate and meet the needs of children evacuated to safe regions of Ukraine and those displaced to states of temporary residence;
- coordination of measures to ensure the accommodation and satisfaction of the needs of children evacuated to safe regions of Ukraine and those displaced to the states of transit;
- control over the consular registration of children in the state of their temporary placement and identify ways, mechanisms and means of solving problematic issues that arise during the registration of children and ensure the return of children to Ukraine after the cessation of hostilities;
- identifying ways and means of resolving problematic issues related to the protection of children’s rights under martial law;
- making prompt decisions on the protection of children’s rights;
- monitoring the observance of social standards and rights of children in Ukraine in the countries of their temporary residence who have left Ukraine, as well as organising their return to Ukraine;
- informing the citizens of Ukraine and the international community about the situation and needs for child protection under martial law;
At the same time, the Coordination Centre also performs the following tasks
- identifies the need to evacuate children from dangerous areas and coordinates the organisation of their safe transfer to places of temporary placement;
- coordinate the work of regional military administrations and local self-government bodies to prepare and organise safe places for the temporary accommodation of evacuated children and meet their needs;
- ensures the registration of children (groups of children) who have left for the safe territory of Ukraine or outside Ukraine;
- processes invitations from institutions, organisations of various types and forms of ownership authorised by the state of final residence of children to take measures to receive and accompany children from other countries;
- monitors compliance with the Rules for crossing the state border by citizens of Ukraine, children with legal representatives or organised groups of children in cooperation with central and local executive authorities and local self-government bodies;
- monitors conditions of stay of children in Ukraine and abroad, observance of social standards and rights of the child in the state of his/her stay and, together with consular offices and diplomatic missions of Ukraine, promotes realisation and protection of rights and interests of children who are outside Ukraine, their parents and other legal representatives;
- coordinates the actions of executive authorities to create conditions for integration at the new place of residence for children evacuated from the dangerous territories of Ukraine;
- monitors cases of violence against children from among internally displaced persons;
- coordinates activities related to the return to the territory of Ukraine of children forcibly displaced to the temporarily occupied territory or to the territory of the Russian Federation and other states.
Status of a child affected by hostilities
It should be noted that the current legislation includes Resolution of the Cabinet of Ministers of Ukraine No. 268 of 5 April 2017 ‘On Approval of the Procedure for Granting the Status of a Child Affected by Military Actions and Armed Conflicts’.
Currently, according to paragraph 3 of the Resolution, a child is entitled to such status, as well as a person who, at the time of hostilities, armed conflicts, armed aggression of the Russian Federation, was under 18 years of age (majority), and as a result:
1) were injured, contused, or mutilated;
2) were subjected to physical or sexual violence;
3) were abducted or illegally transferred outside Ukraine;
4) were involved in the activities of paramilitary or armed groups;
5) were illegally detained, including in captivity;
6) have been subjected to psychological violence.
The status is granted by the guardianship and custody authority at the child’s declared/registered place of residence/stay as an internally displaced person, at the place of application if the child’s place of residence/stay is not declared/registered or is declared/registered in the territory where hostilities are being (were) conducted or temporarily occupied by the Russian Federation, or at the place where such a child is found by local executive authorities and/or local self-government bodies.
Many parents obtain such status for their children with a view to the future, hoping that some compensation, free vouchers to camps, and educational benefits will be established in the future, and now, if there is a not too difficult opportunity to obtain the status, it should be used. However, at present, there is only one benefit that is currently officially established for children with the status of war victims, provided for by the Law of Ukraine ‘On Ensuring the Rights and Freedoms of Internally Displaced Persons’ of 20 October 2014, according to Article 7, paragraph 10, which states that ‘Children from among internally displaced persons or children who have the status of a child affected by hostilities and armed conflicts, studying in pre-school, general education, vocational and technical educational institutions regardless of subordination, type and form of ownership, Therefore, one should not believe the fake information provided on social media regarding payments and benefits to children of war.
So, currently, no official payments from the state or benefits are provided for by the current legislation.
Much of this issue is left to local authorities.
We advise parents to remain vigilant and aware of their rights to be prepared to act in case of violation. First of all, document any incidents that may indicate a violation of a child’s rights: records, testimonies, copies of statements.
Secondly, actively contact human rights and humanitarian organisations, both Ukrainian and international, to receive support, legal assistance or assistance.
Do not be afraid to file complaints with the relevant authorities, including international ones, because the right to protection is inalienable even in times of war. Take every opportunity to protect your child – it is an investment in their future and safety. The road is made by the one who walks. The main thing in this situation is not to be indifferent in any situation.
