Захист прав дітей на окупованих територіях: міжнародний досвід та українські реалії.

Abstract

The article investigates the problem of protection of children’s rights in the occupied territories and during armed conflicts. It is revealed that children belong to the most vulnerable categories of the population, whose rights are constantly violated during military operations and armed conflicts, and this problem is especially urgent in the occupied territories. It is noted that the normative base of Ukraine, which concerns the rights of children in the occupied territories and during armed conflicts, requires significant improvement, since the status of the rights of children affected by military action and armed conflict is outlined only in General terms, without real content. The procedure for obtaining it is bureaucratic, which leads to the reluctance of persons to obtain the appropriate status. The protection of rights and, at the same time, the delineation of the limits of responsibility of child combatants is a pressing issue. The institutional framework for the protection of children’s rights in the occupied territories also needs to be established. The article concludes that in order to ensure the fulfillment of the relevant obligations in respect of children in the zone of military action and armed conflict, it is advisable to expand the cooperation of the state with the relevant non-governmental organizations and other components of civil society. In addition, the norms of the current legislation, which enshrine the legal status of children affected by war and armed conflict, should be improved. It needs to be specified, clarified and «filled» with actual opportunities and benefits. It is also important to simplify the bureaucratic procedures associated with obtaining this status, and the unimpeded implementation of the child’s rights and opportunities that they provide.