Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21


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НазваниеCompilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21
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^ C. Cooperation with the Office of the High Commissioner for Human Rights

  1. OHCHR technical cooperation activities funded by the Voluntary Fund for Technical Cooperation were implemented in Ukraine in 2010 and 2011.37 In December 2011, a Human Rights Adviser was deployed to Ukraine.38

^ III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination

12. CERD urged Ukraine to accelerate the adoption of an anti-discrimination act stipulating the definition of direct/indirect and de facto/de jure discrimination.39

  1. In 2010, CEDAW was concerned about traditional stereotypes regarding the roles and responsibilities of women and men in the family and in society and about sexist representation of women in media and advertisements.40 CEDAW recommended that Ukraine implement temporary special measures, including quotas, to achieve gender equality in areas where women are underrepresented or disadvantaged and for women suffering from multiple discrimination, such as Roma women.41

  2. CEDAW was concerned about high unemployment affecting women; wage discrepancies between women and men; occupational segregation; gender-based discriminatory attitudes among public and private employers, including discriminatory recruitment practices and sexual harassment at the workplace.42 Noting a high gender wage gap, ILO Committee of Experts urged Ukraine to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value.43

  3. CEDAW called upon Ukraine to amend the Equal Rights and Opportunities Act to strengthen the complaints and sanctions mechanisms and to bring the definition of discrimination against women into conformity with the Convention, by encompassing both direct and indirect discrimination.44 CEDAW recommended that Ukraine strengthen the national mechanism for the advancement of women by raising its authority and provide it with adequate resources.45 UNDP made a similar recommendation.46 CEDAW also encouraged Ukraine to adopt a national plan of action with a comprehensive approach to gender equality and to allocate sufficient resources for its implementation.47

  4. Noting the adoption of the Plan of Action to Combat Xenophobia and Racial and Ethnic Discrimination (2010-2012), CERD recommended that Ukraine establish institutional mechanisms to counter racial discrimination and re-activate institutions which had ceased to be operational, particularly the Inter-departmental Working Group against Xenophobia and Ethnic and Racial Intolerance.48 Furthermore, it recommended that Ukraine mandate the Parliamentary Commissioner for Human Rights with specific competence in the field of racial discrimination, in particular to process complaints and take measures in response to the victims’ concerns of racial discrimination and ensure their access to the Commissioner’s Office at the regional, district and municipal levels.49

  5. CRC was concerned at the reported increase in racially motivated offences.50 UNCT made a similar observation.51 CERD was concerned about the reported growth of outreach activities by extremist organizations expanding their propaganda and using electronic social networks to address the youth.52 The Special Rapporteur on freedom of expression urged Ukraine to take action to thwart the wave of racist violence.53 CERD recommended that Ukraine establish civil and administrative liability for racial discrimination, including hateful opinions spread by the media and guarantee remedies and compensation to victims.54 CERD urged Ukraine to: investigate hate crimes; ensure that the police do not engage in racial or ethnic profiling and bring perpetrators to justice.55

  6. UNICEF reported that children with HIV or disabilities were at high risk of abandonment, social stigma and discrimination. Most HIV-infected children were not allowed to attend kindergartens or schools, were treated negligently, and were kept isolated from other children.56 CRC urged Ukraine to ensure that all children enjoy their rights without discrimination on any ground.57

^ B. Right to life, liberty and security of the person

19. CRC was concerned about the significant number of allegations of ill-treatment of detainees and at the alleged cases of torture and ill-treatment of juveniles by Militsia officers and of migrant children in the custody of the State Border Guard Services.58 Similarly, WG highlighted the reports of torture by the Militsia to extract confessions.59 CAT reiterated its recommendation that Ukraine ensure that all detained suspects are afforded, in practice, all fundamental legal safeguards against torture and ill-treatment.60 WG recommended that Ukraine ensure a policy of zero-tolerance of torture and that any related allegation is promptly and properly investigated.61 CRC made similar recommendations.62

20. Noting with concern the high number of arrests, WG noted that persons were often arrested and held by the Militsia for a short period of time without the arrests being registered.63

21. WG noted that the number of instances of resort to pre-trial detention remained high and that the lack of effective control by the judiciary over the detention process often led to prolonged detention on remand in difficult conditions.64

22. WG noted that Ukraine had special detention facilities for vagrants and that the term “vagrant” was not defined by law and might apply to anyone who could not produce an identity document when stopped on the street by Militsia officers. Such persons could be held in administrative detention for up to 30 days without the involvement of a court. Furthermore, it indicated that this period of detention was also used to extract coerced confessions on criminal charges.65

23. WHO expressed concern at the compulsory isolation of infectious tuberculosis patients provided in the new law. Involuntary isolation and detention were introduced not as a measure of last resort but to overcome the inability of the system to provide patient-centred treatment and community-based care, noted WHO.66

24. WHO reported that access to health care for prisoners remained a challenge. It pointed to the lack of drugs and treatment and absence of infection control measures for detainees.67

25. CEDAW remained concerned at the prevalence of violence against women.68 UNDP reported that legislation narrows the definition of domestic violence to violence in the family and it also presupposes administrative, not criminal, responsibility for the perpetrator. A comprehensive service delivery system to domestic violence survivors was missing and the quality of services was low.69 UNICEF made similar observations.70 CEDAW urged Ukraine to work towards a comprehensive approach to preventing and addressing all forms of violence against women; ensure effective penalties in cases of domestic violence and access of victims of domestic violence to shelters and social centres and to immediate means of redress and protection.71 UNDP recommended that Ukraine develop a national referral system to ensure the quality and accessibility of social services provided to survivors of violence.72

26. Noting with concern an increase in abuse and neglect of children in all settings, CRC urged Ukraine to step up its efforts to prevent and combat all forms of abuse and neglect of children, adopt preventive measures and provide protection and services for their recovery.73

27. CRC reiterated its concern that Ukraine has not incorporated a clear prohibition of child prostitution in legislation. It was concerned about the increase of sexual abuse, exploitation and involvement of children in prostitution and pornography; the high number of internet users of child pornography and small number of criminal cases initiated in this respect. It urged the Government to harmonize national legislation with OP-CRC-SC; prevent and combat such offences; strengthen the capacity of social workers and law enforcement agencies to detect and investigate such cases; and increase the number of rehabilitation centres specializing in assistance for child victims.74

28. Expressing concern about the widespread use of corporal punishment, CRC urged Ukraine to end all forms of corporal punishment in the home and other settings by implementing the existing legislative prohibition.75

29. CRC expressed concern about the large number of children below the age of 15 working in the informal and illegal economy and the number of children working in mines. CRC urged Ukraine to eliminate exploitative child labour, in particular in the informal sector and ensure effective enforcement of applicable sanctions against persons violating legislation on child labour.76

30. CRC was concerned at the large number of children in street situations and their vulnerability to health-related risks, including in relation to substance and drug abuse, HIV/AIDS, sexual exploitation, forced labour and police violence. It recommended that Ukraine develop a national strategy for the prevention of, support for and social reintegration of such children and increase the number and quality of shelters and psychosocial rehabilitation centres for children in street situations.77

31. In 2010, the ILO Committee of Experts noted that trafficked children were between 13 and 18 years of age. Considering the seriousness of the problem regarding trafficking in children, within and outside Ukraine, the ILO Committee of Experts requested Ukraine to redouble its efforts to combat the trafficking of children, for sexual and labour exploitation, including begging.78

32. CRC remained concerned that Ukraine continued to be a large source country for human trafficking.79 UNCT noted that victim assistance was fully reliant upon international funding.80 CEDAW called upon Ukraine to address the root causes of trafficking, establish additional shelters for rehabilitation and social integration of victims and ensure systematic investigation, prosecution and punishment of traffickers.81 CRC also recommended that Ukraine seek technical assistance from UNICEF, IOM and other partners.82

^ C. Administration of justice, including impunity and the rule of law

33. WG recommended that Ukraine provide the legal and operational framework for an independent and effective judiciary, including through appropriate recruitment.83

34. CAT remained concerned that the Prosecutor’s office performed prosecution and investigation functions. CAT reiterated its recommendation that the reform of the Prosecutor’s Office should ensure its independence and impartiality and separate the criminal prosecution functions from those of investigating alleged abuse.84 WG made similar observations.85

35. WG pointed to an assessment indicating that allegations of torture were neither properly addressed by the Prosecutor’s Office nor generally excluded as evidence in trials.86 WG recommended that Ukraine amend the Criminal Procedure Code to the effect that convictions exclusively based on confessions are inadmissible.87

36. WG observed that no separate juvenile justice system existed.88 UNICEF and UNCT made similar observations.89 CRC was concerned about the slow pace of reform in the juvenile justice system, the risk of retrogression towards a punitive approach regarding children in conflict with the law, the high percentage of juveniles sentenced to imprisonment and long prison sentences for children aged 16-17 years, and the poor level of services and support for their social reintegration. CRC urged the Government to put in place a juvenile justice system; ensure a restorative juvenile justice system promoting alternative measures to deprivation of liberty and strengthen the social support services.90 WG made similar recommendations.91

37. WG highlighted the fact that the legal aid system was ineffective and that detainees were often not aware of their right to defence from the moment of arrest. It also reported the absence of an overall bar association.92 CAT noted that persons deprived of their liberty were frequently denied the right to consult a lawyer in private.93 WG recommended that Ukraine: (a) ensure that in practice all detainees have recourse to lawyers from the moment of arrest and (b) legally enact a Bar Association with an independent and effective mandate.94 UNCT reported that a new Criminal Procedural Code of 2012 strengthened the role of defence in criminal cases and ensured timely access to a lawyer for detainees.95

^ D. Right to privacy, marriage and family life

38. CEDAW was concerned about disparities in the minimum age of marriage for boys and girls (18 and 17 respectively). It called upon Ukraine to raise the minimum age of marriage to 18 for girls.96 CRC recommended that Ukraine increase the exceptional minimum age of marriage to 16 with a clear definition of exceptional circumstances and establish a legal minimum age for sexual consent.97

39. CRC urged Ukraine to ensure that free and compulsory birth registration of all children is effectively made available, regardless of ethnicity and social background.98 CRC recommended that Ukraine amend legislation to guarantee the right of the child to a nationality and not to be deprived of it on any ground and regardless of the status of his/her parents.99

40. CRC was concerned at the large numbers of children deprived of their family environment and at the lack of sufficient State services to protect and assist families with children. It was also concerned that the Family Code condones the abandonment of children born with disabilities. CRC was also concerned about children deprived of their family environment due to poverty, unemployment, breakdown of families and labour migration and at the large number of children in residential care.100 UNICEF reported that the child care system did not adequately address the prevention of abandonment, or the reintegration of children with their biological families. UNICEF noted the adoption of the National Plan of Action for Children in 2009 and an increasing number of alternative care options. However, a structural reform to build a system which discourages institutionalization of children is yet to take place, noted UNICEF.101 CRC urged Ukraine to strengthen its deinstitutionalization policy and expand the placement of children in extended and foster families and other family-type placements.102

^ E. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life

41. CAT noted the reports about the increase in attacks on the media and crackdown on freedom of expression.103 In 2008, the Special Rapporteur on freedom of expression urged Ukraine to guarantee that crimes against media professionals and opinion-makers will not go unpunished.104 The Special Rapporteur also called for a broad and comprehensive revision of media legislation, especially on TV and radio broadcasting, to increase TV and radio broadcasting bodies’ independence from political lobbies.105

42. In 2011, the Special Rapporteur on human rights defenders expressed concern at the reported increase of violence and other forms of harassment against human rights defenders.106 The Special Rapporteur urged Ukraine to ensure that human rights defenders do not face harassment or discrimination and to create a safe environment conducive to their work.107

43. UNDP reported that no significant increase in women’s political representation had been observed in the past four years.108 CEDAW reiterated its concern about under-representation of women in high-level elected and appointed bodies and about the delay in adopting the Bill ensuring equal opportunities for women and men in the electoral process.109 CEDAW urged Ukraine to increase the representation of women in elected and appointed bodies through, inter alia, the implementation of temporary special measures.110 UNDP made a similar recommendation.111
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