State protection of family rights of internally displaced persons

Abstract

The protracted war in Ukraine and the full-scale invasion led to an increase in the number of refugees from Ukraine and internally displaced persons in the middle of the country, actualizing the issue of protecting their rights. That is why this article analyzes the mechanism of state protection of family rights of internally displaced persons. It is clarified how the mechanism of state protection of the family functions during the war. It is substantiated that the basis of the mechanism of state protection of family rights is the principle of state protection of the family. The provisions of international acts, the Constitution of Ukraine, the Law of Ukraine "On Ensuring the Rights and Freedoms of Internally Displaced Persons", as well as norms of family legislation, were studied.
 The differences between the concepts of "protection" and "protection" are analyzed. It is emphasized that the mechanism of state protection of the family rights of internally displaced persons includes legal norms that provide for various tools for ensuring and protecting rights, as well as positive obligations of the state. The approach of the Constitutional Court of Ukraine, formed during the war, regarding the understanding of social protection and protection of the family, childhood and motherhood (parenthood) is clarified.
 It was noted that the number of orphans and children abandoned by their parents increased during the war, therefore the system of legal guarantees for the placement of such children in such forms, which are closest to family ones, is of great importance.
 It is proved that the mechanism of state protection of family rights of internally displaced persons is based on the general principle of state protection of the family and includes legal, institutional, procedural, financial and informational tools. It is substantiated that the project of the State Policy Strategy on Internal Displacement for the period until 2025 contains a limited approach to guaranteeing the family rights of IDPs. First of all, the principles must be supplemented with the principle of the best interests of the child, and the list of measures must guarantee the right of every family member who is an IDP to information about missing relatives.