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Human rights in Ukraine 2009 – 2010. 20. Problems of domestic violence

23.02.2011   

1

The scope of domestic violence. The acuteness of the problem of domestic violence is corroborated by the Statistics of the MIA of Ukraine and research and public organizations data. The number of persons with prophylactic records for domestic violence is going up year in and year out and approaches one hundred thousand now despite the fact that domestic violence is a latent offense and existing statistics do not reflect its scope. Therefore the increasing number of domestic violence cases registered by militia cannot be considered as an indicator of aggravation of this condition or standard of performance of Internal Affairs Agency (IAA).

Table 1. Number of people with IAA record for domestic violence, including gender breakdown

Year

2005

2006

2007

2008

2009

8 mos, 2010

Men

72194

 

74571

 

77664

 

85680

91634

Women

10638

 

9284

 

9098

 

8760

7190

5883

All persons with militia records for domestic violence

84155

 

85178

 

87831

 

85085

 

93327

97722

Number of crisis centers

38

46

54

54

56

61

The persons guilty of domestic violence are men for the most part. The data show the downtrend in the number of women, to whom militia have got on, which got in eyeshot of militia for domestic violence which underlines the gender aspect of violence.

Both physical and psychological violence are the most widespread types of violence amounting to 95 % of cases.

Table 2. Correlation of different types of domestic violence

Year

2005

2006

2007

2008

2009

8 mos, 2010

Total of reported offenders

59733

 

63624

 

65042

 

66119

 

72945

55727

Physical abuse

39138

 

39473

 

37728

 

38741

 

41514

28288

Psychological abuse

17666

 

21813

 

24382

 

24917

 

29153

25649

Economic abuse

2868

 

2311

 

2916

 

2459

 

2278

1755

Sexual abuse

61

 

27

 

16

 

2

 

0

0

In many cases both women and men, especially in rural locality, know nothing about the state policy on inadmissibility of domestic violence. In fact, the wronged women do not know their rights, while men do not fully realize the wrongfulness of their actions. Usually the conflicting parties are not informed about the law “On domestic violence prevention”.

The information about possible ways to help the wronged women is not disseminated satisfactorily: the assistance centers to turn to for free aid in an exceptive case, addresses of government and public agencies for women’s rights, or helpline numbers to name a few.

The raising of legal consciousness of abusers in domestic violence cases is conducted superficially.

The state of legislation and normative legal instruments in the field of domestic violence prevention. In September, 2008 the Verkhovna Rada approved a bill amending the Law of Ukraine “On domestic violence prevention” and Code of Ukraine about administrative violations, which came into effect on January 1, 2009. They introduced correction programs dealing with offenders, eliminated determination of victimal behavior, specified the list of public policy subjects in this sphere, and amended article 173-2 with sanctions and so on.

In order to implement this law in 2009-2010 they adopted a number of regulatory legal acts intended to work out principles to assist the wronged persons, specify enforcement powers of state agencies, and also mechanisms of their co-operation:

– Order of the Ministry of Ukraine for Family, Youth and Sports No 1977 from 10.06.2009 “Model regulations on the Crisis center for the members of families, in which violence was committed or there is a real threat thereof”;

– Joint order of the Ministry of Ukraine for Family, Children and Youth and MIA «About approving the Instruction on the order of interaction of boards for family, youth and sports, agencies for children, social service centers for youth and agencies of internal affairs for effective domestic violence prevention” from 07.09.2009 No 3131/386.

As early as on February 19, 2007 the Government program of assistance to families up to 2010 was passed; it contained items dealing with the domestic violence prevention.

Plans to improve legislation and normative legal instruments. In summer 2010 they started working out a new government social program of family support up to 2015 containing the block on domestic violence counteraction. As of the mid-October 2010 the Program was not approved, the final draft was not formed, and, which is most important, the situation with budgetary funding of the program remained unclear. They are included in the project, but the size of financing at the expense of State and local budgets is unknown. In order to finance the program they plan to attract public and international organizations, which have special-purpose resources and make offers to the Ministry for Family, Youth and Sports.

Since 2009 the Ministry of Ukraine has been working to develop a new variant of the Law “On domestic violence prevention”. The Ministry appointed the working group including the representatives of interested state agencies, experts, public and international organizations, which devised a bill. This past summer 2010 the Ministry for Family, Youth and Sports resumed working, but the level of cooperation with public organizations declined. The bill has been placed on the site of the ministry, but the experts think it underdone. At the same time the ministry is obliged to finish working it out, as it is included into the framework of social and economic development of the state for 2010.

On October 5, 2010 the Verkhovna Rada took as a basis the bill No 6634. It suggested amending articles 173, 173-2, 178, 185 of the Code of Ukraine on Administrative Offences (CUAO) intending to amend the said articles with such sanction as public works. In particular, public works are foreseen for disorderly conduct, domestic violence, infringement of protective warrant or shirking the correction program. The core Committee of Verkhovna Rada of Ukraine for legislative support of law-enforcement activity recommends taking into account the suggestion about amendments to the article 173-2 envisaging public works for the term from thirty to forty hours and for the term from forty to sixty hours for domestic violence, infringement of protective warrant or shirking the correction program2. At the same time this bill does not suggest to remove such ineffective sanction as fine.

There is also a necessity to clarify the disposition of the article 173-2 of CUAO, where words “… physical violence with no resulting hurts and injuries” contradict the definition of hurt in article 1 of the Law of Ukraine «On domestic violence prevention». The presence of such definition in the article 173-2 results in cancellation of drawing-up protocols after the facts of domestic violence and requires that the wronged person addresses his/her request to the IAA with a statement about the commission of crime in accordance with the article 125 of the Criminal Code of Ukraine “Trivial bodily harm”, which is a private charge offence.

Thereupon in order to increase the efficiency of counteraction against domestic violence they suggest to amend article 27 of the Criminal Procedure Code of Ukraine and exclude trivial and medium bodily harm as a result of domestic violence (articles 125 and 126 of CCU) from the set of those, which bring about action only after a complaint of a wronged person who should later appear for the prosecution.

There is also a need to amend legislation in part of assignment of the functions of endorsement of delivery of protection warrant and participation in the correction program to the competency of courts, which will better motivate the offender to comply with orders and adapt the Law to the international norms.

Both domestic and foreign experts analyzing the low efficiency of punishment for domestic violence suggest criminalizing the repeated domestic violence and non-fulfillment of protection warrant.

The role of international institutions. The problem of counteraction to domestic violence was in the limelight of the UNO Committee for liquidation of all forms of discrimination of women during the defense of the report of Ukraine on the implementation of the Convention of the same name3. Subsequent to the results of discussion of the report of Ukraine the Committee conveyed proposals, the implementation of which should be set forth in the next report on implementation of UNO Convention for liquidation of all forms of discrimination of women submitted to the Committee in 20144. The government should prepare the report and open it to the public for mandatory consideration. The NGOs may prepare and submit alternative reports.

To that purpose the Committee encourages Ukraine to “effectively implement the Law “On domestic violence prevention” (2001) and monitor its influence on women…, to work out package approach to prophylaxis and liquidation of all forms of violence concerning women in accordance with the general proposal of Committee No 19, to raise the level of research and collection of facts about the scope, causes and consequences of violence in relation to women and to include the results of this research into the next periodic report. The committee encourages the Member State to promote effective punishment in domestic violence cases bringing perpetrators to responsibility” (par 28). And then: “The Committee makes a strong appeal to the member state to take all necessary measures in order that all women, which are domestic violence victims, including rural women and vulnerable groups of women, such as Romany women, have a complete access to shelters and social centers for victims, operative facilities of legal defense without age or other limitations…, ensure that the state employees and civil officers, especially law enforcement officials and judicial authorities, medical and social workers are fully informed about the Law “On domestic violence prevention” (2001) and know about other forms of violence in relation to women in order to render proper assistance to the wronged women” (par 29). All these appeals are topical and can be considered as important directions of public policy in this sphere that must be reflected in public programs and documents.

The European legal documents, in particular, proposals and conventions of the CE, are very important for improvement of national activity. On the closing stage of development there is a project of European Convention on violence in relation to women and domestic violence control, which must be open for signature in 2011. Adhering of Ukraine to this document is an important step for working out standards of public policy in the sphere of domestic violence control.

The basic problems in the field of domestic violence prevention. The basic problems of the current state of the public domestic violence prevention-and-control policy in law-enforcement includes poor workmanship and prosecution, and critical lack of shelters and assistance centers for the victims of domestic violence and poor environment for work with offenders in social sphere. Moreover, there is an insufficient co-operation among different structures on regional, and especially district level, as well as absence of systemic training of specialists in this sphere. As a result of under-funding of the branch, the domestic violence prevention and control are rather ineffective.

The problems of activities of the law enforcement agencies. In 2009 the aids of the Minister for Internal Affairs of Ukraine and the Department for monitoring of human rights in the IAA activities (minister Mohyliov liquidated this office in March 2010) watched over the IAA activities in domestic violence prevention and control. In the process they brought to notice failures reflected in the annual report of the Department “Human Rights in Militia’s Activities–2009”.

It showed that almost everywhere in oblasts the most offenders are registered behind time, sometimes with 2 mos delay. The official notice is issued in about 30 % cases. Not always they file copies of warrants, registers etc. In many regions and in some oblasts the protection warrants in domestic violence cases were not issued during 2009 despite the fact that they brought administrative action against a number of citizens according to the clause 173-2 of CUAO several times in a row. The number of record cards registering facts of domestic violence sent to the departments for family, youth and sports make only a fraction of the number of persons registered in IAA for domestic violence. The checking of denials of institution of criminal proceedings after the aggrieved women in domestic violence had notified the militia established that the response was usually formal: they as much as inform the petitioners about the denial of institution of criminal proceedings against domestic violator, and nobody informs women about his suffering an administrative punishment. In many subdivisions nobody gave such classes to their personnel.

The Minister’s aids reviewed the sectors of district inspectors of district militia and showed that the neighborhood militia inspectors have a poor judge of organizing their activities concerning domestic violence, do not know the requirements of normative documents, do not consider domestic violence control a priority and disregard it.

Presently the district militia inspectors resort to filing pleas from persons wronged as a result of domestic violence and responding to them. Nothing like purposeful prophylactic measures are undertaken, among other things due to the imperfection of normative legal documents (they mostly envisage immediate arrest of violence; they but declare preventive measures and prescribe no concrete steps).

Today the district militia inspector can make effective arrangements to control domestic debauchee providing that:

– the domestic offender was taken in the act;

– the domestic offender inflicted bodily damage;

– the domestic debauchee does not deny his guilt or the fact of violence is corroborated by witnesses.

The drawing-up and consideration of administrative protocol by article 173-2 of CUAO may be conducted only if there is an evidence of confession or if witnesses are present. The official warning of inadmissibility of violence may be issued only after the administrative protocol by the article 173-2 of CUAO has been drawn up, which is a wrong practice, in our opinion. The protective warrant is conditioned on the fact of repetitive domestic violence during a year.

Therefore, if a woman referring an information against a domestic violator to militia is unable to indirectly prove the fact of such violence, she actually remains without protection (instead there is an order to dismiss criminal complaint and a report is drawn up about prophylactic conversation with a man). As a result the domestic hooligans realize their impunity and victims resort to victimal behavior, which triggers violence in such families later.

In summer 2010 the public organization “The Association of Ukrainian Monitors of Human Rights Guarantees in the Activities of Law Enforcement Authorities” was established, which continued monitoring the IAA activities concerning the observance of human rights. As a result of all-inclusive monitoring of the 2010 IAA activities, including domestic violence control, the experts of this Association concluded that “unfortunately, there is no clear and systemic, effective and coordinated with other departments system of early recognition, prompt response and taking steps on every instance of domestic violence. There are no considerable achievements in targeted domestic violence prevention. Therefore the estimation and level of local public trust concerning the effectiveness of IAA violence control remain extremely low5. And at the bottom is the fact that the activities of district militia inspectors and departments of criminal militia for children delinquency do not include it as a priority. The chiefs of these departments and MIA do not put emphasis and do not control this field in a proper way.

Taking into account the workload, the DIM usually resorts to filing an appeal of the domestic violence victim and proper response to it. There is no continuous and purposeful prevention prophylactic as a result of imperfection of normative legal documents among other causes. They are intended to stop violence; the prevention of violence is but declared; the concrete steps are not foreseen.

During the last few years once and again they demanded to ease VKMSD from the composition of criminal block and include it into the block of public security and termination of their investigative activities, which would improve the protection of children. It would also allow registering in advance all families practicing child abuse, bring out the roots of domestic troubles and, if necessary, take children out from dangerous environment. The MIA chiefs agreed with it; however, until now there is no solution6.

The problems of social assistance. In Ukraine there is not a sufficient amount of specialized establishments for victims of domestic violence, though there is statistics showing their annual increase (table 1). At the same time, even the superficial comparison of the data on crisis centers and number of persons with militia record with militia record show that the amount of centers for organization of social assistance to the domestic violence victims is negligibly small. The information on temporal shelters for domestic violence victims is unavailable.

In accordance with the Model Regulations on Social-Psychological Aid Centers, assistance here may be rendered only to persons aged under 35, which demonstrates inequality in the access to social services and contradicts the Constitution of Ukraine, Law “On domestic violence prevention”, and principles of human rights protection. After this age the aid can be rendered to citizens with minor children only. The subdivisions of departments of labor and social policy work only with single citizens needing help, but they keep away from domestic violence cases. In Ukraine there are no specialized establishments for domestic violence victims. The social and psychological rehab centers in some areas serve all categories of vulnerable population, though under age of 35 only7. After this age the assistance is possible to citizens with minor children only, which demonstrates the principle of inequality in access to social services. Thus not only the Law “On domestic violence prevention” needs improvement, but also a number of other laws and normative legal documents, especially the Law of Ukraine “On social work with children and youth”, which includes family as an object of social work as well (article 4)8, but the age limit makes 35 that testifies to self-contradiction of this Law (http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=878-17).

The experts, in particular the Association of Ukrainian Monitors of Human Rights Guarantees in the Activities of Law Enforcement Authorities, observe the inactivity of corresponding social services, which have turned into bureaucratic establishments which carry out formal recording and correspondence only. They ignore practical activities. They need immediate reshuffle so that they are able to perform objective social inspection, effective social support of such category of families and introduce educational, correction and rehab programs for corresponding categories of persons. They waive requirements of Laws of Ukraine “On protection of childhood” and “On agencies and services for children and special establishments for children” concerning protection of the rights of minors and proper individual prophylactic9.

Table 3. Possibilities of social establishments to render assistance to the victims of violence, 2010 10

ESTABLISHMENT

ADDITIONAL INFO

Child Guidance and Family Counseling Center, Simferopol Oblast

 

Age––up to 35, children––up to 1.5 (no admittance with senior children).

Paid service / free: free

Term of stay: limited by the age of a child. Also possible over 3 mos and up to a year.

Registration: needed + obligatory medical examination.

Lwyr, psych, soc worker: services available

Center and Social and Psychological Assistance from Domestic Violence, Djunkoy Region

Age––up to 35. Children: admission with children of any age

Paid service / free: free residence, paid meals.

Term of stay: up to 3 mos

Registration: needed + ССМ l/ref + obligatory medical examination.

Lwyr, psych, soc worker: services available

Day facility only for lack of light and heat. No funds!

The wronged mother with her child has to go home for the night.

Mother and Child Center, Sevastopol

Age: up to 35; child: up to 1.5. No admission with older children (permitted women preg 7 mos and more).

Paid service / free: free service

Term of stay: limited by the age of child. Also possible over 3 mos and up to a year.

Registration - needed + ССМ l/ref + obligatory medical examination.

Lwyr, psych, soc worker: services available

Women from Sevastopol only. No regional or rural residents! Psychotic women inadmissible.

Center for Domestic Violence Social and Psychological Aid, Sevastopol

Age: up to 45; children: women admissible with children of any age (but often no places available though)

Paid service / free: free residence, one free meal a day

Term of stay: up to 3 mos

Registration - needed + ССМ l/ref + obligatory medical examination and psych cert.

Lwyr, psych, soc worker: services available

Women from Sevastopol only. No regional or rural residents! Psychotic women inadmissible.

Institute of Family (NGO’s shelter), Sevastopol

Age: any

Children: women admissible with children of any age

Paid service / free: stay and meals free of charge

Term of stay: on-the-spot decision

Registration is unnecessary

Lwyr, psych, soc worker: services available

Women are admitted not only from Sevastopol but also from the region.

Volyn Oblast Center for Social and Pedagogical Aid, Volyn Oblast

Age: different. Children: depending on the situation, allowed

Paid service / free: free

Term of stay: up to 3 mos

Registration: not needed; medical checkup

Lwyr, psych, soc worker: services available

Public Center for Social and Psychological Aid; Dnipropetrovsk

Age: up to 35; Children: depending on the situation, allowed

Paid service / free: free.

Term of stay - unltd (as necessary)

Registration: desirable

Lwyr, psych, soc worker: services available

Virtus NGO’s Charitable Institution, Dnipropetrovsk

Age: different. Children: over 3 yrs, if younger, the child temporally goes to the Child’s Home (The child and mother are separated)

Paid service / free: free.

Term of stay: unlim.

Registration: not needed

Lwyr, psych, soc worker: services available

Zaporizhzhia Oblast Center for Social and Psychological Aid, Zaporizhzhia

Age: different; children: 3 yrs and more

Paid service / free: free

Term of stay: up to 90 days

Registration: desirable, medical check, documents

Lwyr, psych, soc worker: services available

Luhansk Oblast Center for Social and Psychological Aid, Luhansk Oblast

 

 

Age: unlim

Children: depending on the situation

Paid service / free: free

Term of stay: up to 3 mos

Registration: desirable

Lwyr, psych, soc worker: services available

Sumy Oblast Center for Social and Psychological Aid, Sumy

 

 

Age: up to 35

Children: problematic

Paid service / free: free

Term of stay: 3 mos

Registration: not needed

Lwyr, psych, soc worker: services available

Mother and Child Center (for women in a fix) (Only for women with children under 18 mos). Will be open from 15.10.2010, Cherkasy Oblast

Age: unlim

Children: from the 7th month of woman’s pregnancy and up to 18th month of her baby

Paid service / free: free

Term of stay: up to 18th month of her baby

Registration: unnecessary; l/ref

Lwyr, psych, soc worker: services available

Public Mother and Child Center, Center for Social Psychological Aid, Khmelnytsk Oblast

 

 

Age: unlim

Children: 14 and more

Paid service / free: free

Term of stay: unlim, until problem is solved

Registration: not needed

Lwyr, psych, soc worker: services available

Center for women with children, , which are about to renounce a child, or there is a miscarriage threat, Khmelnytsk Oblast

Age: preg 7 mos and more, or women with children

Child: up to 18 mo

Paid service / free: free

Term of stay: up to 18th month of the baby

Registration: not needed

Lwyr, psych, soc worker: services available

The listed limitations of access to social services suggest that the system as a whole is in no fit state to provide social services and social protection to the population. The distribution of establishments among different state institutions (the Ministry of Ukraine for Family, Youth and Sports with inside State Social Service for Family, Children and Youth, Ministry of Labor and Social Policy, Ministry of Health Care), subordination complexity among local agencies and top-down command structure of executive power, thematic stratification, numerous limitations for aid recipients (age, sex, registration, presence or absence of children, lone or family person etc.), as well as underfunding result in failure to render proper assistance, which is overt human rights violation by the state. Therefore the ultimate solution is the governance and subordination branch restructuring, liquidation of irrelevant state structures and creation of but one agency of social protection.

The domestic violence victims and work with offenders: problems of funding. The impediment in the aid-to-the-victims agencies consists in financing of their activities by local budgets, which for the most part have no such budget line. Even the subsidized charities are on the verge of closure.

The social service procurement problems in the case of domestic violence assistance remain unsolved.

The program of state financial support through the Ministry of Ukraine for Family, Youth and Sports remains limited and nontransparent. Despite proposals and good sense, only youth organizations are funded. The Ministry fails to create targeted domestic violence prevention programs. On the other hand, most organizations try to register as youth organizations in order to get state funding.

The state family support, including the domestic violence control package, will be carried out at the expense of state, local budgets and other lawful means. The latter include public and charity funds, international technical aid, other countries and international donors. This past fall, 2010, the Ministry of Ukraine for Family, Youth and Sports asked international and public organizations to make offers to co-sponsor this program, which was done.

At the same time, lately, the ruling coalition urged to close up these institutions11 (after the Security Service had checked the activities of the International Vidrodzhennia Fund in September 2010); if it is not a private opinion, but an official concept, it may threaten not only the said theme but also the development of human rights activities and civic society in general.

The problems with the introduction of correction programs for work with offenders. In 2010 they started introducing correction programs for offenders. Several correction programs were worked out with the help of Coordinator of the OSCE Projects Office and La Strada Ukraine Center. In 2009 two international seminars were held: “Social work with offenders: international experience and prospects of introduction in Ukraine” on June 11-12 and “Domestic violence control: social and psychological work with offenders” in September.

The Coordinator of the OSCE Projects Office helped training first 300 specialists for the job. But the problems are still there. During 8 mos of 2010 the correction programs were attended only by 165 of over two thousand offenders allotted by IAAs. No educational establishments, including the professional development ones, train such specialists. The centers of social aid for family, children and youth have neither funds, nor premises, nor specialists. Besides, there is but a letter of proposal of the Ministry for Family, Youth, and Sports on realization of correction programs by them. None of the proposed programs has been approved and recommended by the Ministry. As of October, 2010 they are sent for reviewing to the Pedagogical Academy of Ukraine. However the reviewing itself seems problematic as there are no relevant specialists in the Pedagogical Academy. There is also an unsolved problem of an authorized establishment certifying programs and specialists. Legally speaking, it is important that the referral to participate in the correction programs is issued under the court decision and not by the IAA.

Moreover, the correction programs today are not treated, as in the past, neither as a variety of social work, nor as alternative sanctions (types of punishment). Classifying correction programs as a kind of social work equals them with service rendering, which is out of character of correction programs that must be realized in a situation, when the negative activity of a person is not directed at him/herself, but at other members of the family. But one has yet to develop the legislation about the alternative types of penalties and punishments.

The problems of law-enforcement and prosecution. As to the low efficiency of counteraction to domestic violence, then it should be noted that absolute majority of sanctions ordered by courts in domestic violence cases are fines. According to the SSD of MIA of Ukraine, for 6 months of 2010 the fines made to the tune of 82% of decisions by article 173-2 of CUAO, and administrative arrests made about 13 %. Therefore, after a person puts in an application concerning a family member to the militia, she must pay a fine for the offender because most offenders are unemployed. This fine strikes not so much at a violator, as his family; thus, the victim of domestic violence suffers twice. According to 2010 data, if in Zhytomyr Oblast about 59% persons have to pay fines, in Ternopil Oblast about 98%. The level of application of such sanction, as an arrest, makes from 1.5 % in Ternopil Oblast to 25% in Odesa Oblast.

Table 4. Basic types of administrative penalties for domestic violence

Year

2005

2006

2007

2008

2009

8 mos,

2010

Types of administrative penalties

Fines

61737

 

66873

 

72080

 

74169

 

83687

58893

Administrative arrest

10615

 

9334

 

9718

10342

 

14289

9279

Warning

7157

 

5822

 

5554

 

5104

3304

2461

Correctional works

349

375

412

350

230

64

Exempt from administrative responsibility

318

380

532

591

722

328

Total

80176

 

82784

 

88296

 

90556

 

102232

71025

Many problems arise, when violence is committed in a state of alcoholic intoxication. It is an absolute majority of cases, according to hotline counselors and enforcers. They are no go situations today. The compulsory medical treatment is forbidden; the judicial decree about compulsory treatment is rarity; there is no sufficient number of such accessible professional establishments in the country. The voluntarily treatment is rather expensive, and the majority of families cannot afford it. The Law of Ukraine No 1254 - VI passed on 14.04.2009 abolished all legal grounds for forced appointment for cure for alcoholism. Such situation is nothing but vicious circle of violence.

Problems questions of human resourcing and personnel training. In Ukraine, there is still a problem of training of law enforcers and amending curriculums of higher educational establishments of the MIA of Ukraine with special courses and subjects on counteraction to human trafficking, domestic violence prevention, and protection of children’s rights. Small steps in this direction are not enough. In 2009 the Office of Coordinator of Projects of OSCE together with the MIA of Ukraine set up a special class for training enforcers dealing with domestic violence control at Dnipropetrovsk State University of Internal Affairs.

In 2009, the Kyiv National University of Internal Affairs initiated training of militia students for subdivisions of criminal militia for children.

The program of equal opportunities and rights for women in Ukraine, which has been realized during 2010 - 2011 under UNDP, includes training for 13 000 district militia inspectors working on domestic violence prevention. There are other positive examples. However, this activity is not enough, especially in the case of instructional work based on understanding of principles of protection of human rights and interests of wronged persons.

Unfortunately, the Ukrainian militia is not ready to fulfill its mission and, as Liz Kelly puts it, “explain to women, children, criminals and wider community that the police are serious about violence against women and that it cannot be tolerated.”12

The coordination of activities of different public administrations and local self-government authorities. The problem of interaction of different violence counteraction-and-prophylactic agencies is also topical for Ukraine. It is a subject matter of many workshops and conferences; the special interdepartmental coordinating boards are created; the special joint order of the Ministry of Ukraine for family, youth and sports (as the authorized public establishment for protection of children’s rights, domestic violence prevention, human trafficking control and introduction of gender equality) and Ministry of Internal Affairs of Ukraine (No 3131 from September 7, 2009) is being prepared for adoption of the Instruction about the order of cooperation of departments (offices) for family, youth and sports and corresponding units of the MIA in domestic violence prevention. However, the appeals of citizens and estimations of experts show that the interaction among different state structures and redirecting of victims to receive targeted and complex aid is still a serious gap in public policy of domestic violence prevention.

Awareness campaigns intended to boost understanding of domestic violence problem. The prevailing gender stereotypes in the community on the whole, public officers, social workers, ignorance about international legal documents on protection of women’s rights and protection from violence require continuation of well-designed awareness campaigns, first of all “Stop violence!” The latter was waged by social and international organizations. There followed major outdoor advertizing campaigns against violence waged by the UNDP and CE together with the Ministry of Ukraine for Family, Youth and Sports and NGOs. The first wave started in Kyiv in May 2009; the campaigners advanced the slogan “Stop violence! Such prezzies no more!” calling on wronged women to stop suffering and violence.

Since 2010, the informational work is sponsored by the European. In August, 2010 the so-called “bangle” campaign “Remain a human” was waged which used outdoors advertising. The involved mobile service providers will help to use hi-tech communication. The increasing number of phone calls to the National hotline for prevention of violence and protection of child’s rights may serve an efficiency index. The global action 16 Days against Gender Violence is still underway.

The National hotline for domestic violence prevention.

From November 30, 2004 till December 2009 there were about 10 000 hotline contacts on prevention of violence and protection of children’s rights: 3 756 appeals in 2009 and over 4000 during 10 months of 2010. Thus, in 2009 and 2010 there is a considerable increase of hotline contacts (for example, in 2008 there were about 1350 calls). It is connected with national information campaigns “Stop Violence!”, AVON program “Against domestic violence», CE’s campaign “Stop abuse of children”, programs backed by the European Union, and rising awareness of the fact that domestic violence is not a private family matter. These campaigns promoted hotline appeals, assistance available etc. Women make 54% of calls, men 16% and children––30%.

Fig. 1. Number of phone calls per month (January through September 2010)

The national hotline on prevention of domestic violence and protection of children’s rights is not only an effective public advisory instrument, but also helps monitoring the activity of state and municipal structures, law enforcement authorities counteracting domestic violence and assisting the wronged persons.

In addition, the analysis of calls allows showing in-process trends in domestic violence. For example, in 2009, the first complaint from the Afghan citizen of Ukraine about the use of violence by his parents forcing him to marriage came to the center of “La Strada Ukraine”. In the course of rendering assistant it turned out that there were precedents for it, which is deserving attention of the specialists of the State Committee for Nationalities and Religion, social services, and law enforcement authorities.

Example of getting businesses involved in domestic violence prevention. As early as in 2008 the AVON Co. got involved in counteraction to domestic violence and went on with it in 2009-2010. The AVON Co. is going to write and distribute pamphlets and brochures on domestic violence; include proper matter into its advertising catalogs, support of NGL in prevention of violence and protection of children’s rights; provision of information-and-advice and legal assistance concerning prevention and management of domestic violence. In 2009, the AVON Co. collected a considerable sum of clients’ money and used it to sponsor NGL.

Table 5. Implementation and relevancy of proposals from previous reports (2007 and 2008)

 

Proposals of 2007 Report

Fulfillment of proposals of the 2008 Report: analysis

Progress in 2009-2010

1

To approve Bill No 2539.

Amendments to the Law of Ukraine «On domestic violence prevention» and CUAO adopted on September 25, 2008. As against the Bill No 2539 not everything was accounted for.

 

2

To amend the MHC Order No 33 from 2000 on the staff list taking into account the needs of medical and psychological rehab centers .

Not done

Not done

3

To amend model regulations of the centers of social and psychological assistance concerning age limits of clients for getting aid (below 35).

Not done

Not done

4

To amend regulations about centers concerning the possibility to get aid regardless of registration at place of residence.

Not done

Not done

5

To improve public and parliamentary control of the due course of law on prevention of violence against women.

There existed control, though the situation never improved substantially.

The same. There existed control, though the situation never improved substantially.

6

To harden sanctions against committers of domestic violence and set terms of their administrative detention.

It was done due to the amended Law of Ukraine «On domestic violence prevention» and CUAO

Requires new amendments, including criminalization of the repeated domestic violence and disregard of protective warrant

7

To set the terms of administrative detention of committers of domestic violence or violators of protective warrant prior to judicial settlement.

It was done due to the amended Law of Ukraine «On domestic violence prevention» and CUAO

 

8

To introduce alternative punishment for committers of violence, including public works and obligatory participation in rehab programs that will help to reduce criminalization of domestic offenders.

Partly fulfilled due to the amended Law of Ukraine «On domestic violence prevention» and CUAO. The question is about the introduction of correction programs for committers of domestic violence.

The correction programs were put on foot. The need to amend existing legislature. Training of specialists. Te urgent need to appoint a responsible organ.

9

To settle the issue of committers of domestic violence and their further rehabilitation.

Partly fulfilled due to the amended Law of Ukraine «On domestic violence prevention» and CUAO. The question is about the introduction of correction programs for domestic violators.

The application of these norms is insignificant. This activity requires more attention of the state and control by public organizations.

10

To create special rehab departments for rehabilitation of aggressors under specialized establishments for victims of domestic violence.

Not done and no prospects under current normative base.

Not done. In accordance with the directions of the deputy minister for family, youth and sports the responsibility is laid on the centers of social services for family, children and youth.

11

To set administrative responsibility for propaganda of violence and cruelty.

Not done

Not done

12

The government of Ukraine should design national backing for the CE campaign fighting against violence against women.

Ukraine participated in this campaign. In 2008, the national campaign was initiated “Stop violence”.

Continuation of the “Stop violence” campaign. The plan of measures is not approved yet; as of October 2010 it is still under development at the Ministry for Family, Youth, and Sports. Needs public evaluation.

13

To publish in official language and distribute the No 5 Proposal (2002) of the Committee of Ministers of the CE and Letter of Explanation.

 

It was done by international organizations

15

To work out and approve the National program of counteraction to domestic violence in Ukraine.

Partly fulfilled. The question is about the program of «Stop violence» campaign.

The separate program will not be developed. The draft program of family aid up to 2015 includes sections on counteractions to domestic violence.

16

To provide in every region of Ukraine establishments for victims of domestic violence: crisis centers, centers of social and psychological help, shelters, medical and social rehab etc.

Partly fulfilled

Not done

17

To provide all victims of domestic violence with access to legal services, incl. women excluded from social connections and migrants, recent refugees, representatives of minorities and handicapped women.

Done partly, mostly in accordance with possibilities of public organizations

Not done. Equal access is not to services

18

To provide sufficient funding of organs dealing with domestic violence prevention.

Not done

Not done

19

To work out the system of public financing of crisis centers and shelters for the victims of violence. Shifting responsibility for financing of these establishments onto the local budget creates unequal circumstances for the victims of violence from various regions of the country, which have equal rights.

Not done

Not done

20

To monitor the quality of services available to the victims of violence and increase the efficiency of the law of Ukraine “On domestic violence prevention” by the way of systematic data collection on implementation of regulations of Ukraine “On domestic violence prevention”.

The NGOs have just begun introducing such system of monitoring.

The DAS was implemented by the joint order of the Ministry for Family, Youth, and Sports and MIA of Ukraine No 3131/386. At the same time it is not enough.

21

The Ministry of Ukraine for Family, Youth, and Sports may explore the possibility of opening vacancies of specialists in domestic violence prevention and human trafficking control, as well as coordinators in these fields at the departments for families and youth of regional public administrations and city executive committees.

Not done due to the shortage of funding

Not done

22

To compile on national and regional DBs of government structures and NGOs dealing with prevention of all forms of violence.

This work is done by the Ministry of Ukraine for Family, Youth and Sports together with NGOs

The DB is available. Needs online updating.

23

To provide early detection of families prone to violence or to its commitment, and organize social accompaniment of such families.

Done here and there.

The same. Done here and there.

24

To attract public agencies to counteraction against domestic violence and promote the network “Men against violence”.

Organizations are attracted. Though no stable funding is available.

The same. Organizations are attracted. Though no stable funding is available.

25

To collect and regularly publish stats on occurrence of domestic violence in Ukraine, on preventive measures taken, as well as monitor judicial stats on the results of domestic violence trials.

The statistics is constantly compiled and made public by the Department of public security of the MIA of Ukraine.

In accordance with the order 3131/386, the stats from the end of 2009 are compiled not only by the SSD of MIA of Ukraine but also by the Ministry for Family, Youth, and Sports. The forms of statistical reports need improvement.

26

To generalize experience of application of legislation on counteraction to domestic violence, to collect and distribute the best practical proposals on prevention of domestic violence, protection of victims and persecution of criminals on national, regional and local levels.

Done. E. g., the guidelines of the SSD of MIA of Ukraine have been worked out.

Done

27

To revise the role of the office of public prosecutor, so that the public prosecution bodies could independently lay an action in the absence of official complaint of the victim of violence. This will minimize the risk of perpetrator’s influence on a victim and the violator could not move to close the case down.

No info.

The role of the office of public prosecutor in counteraction to domestic violence is insufficient.

28

The MIA of Ukraine should promptly consider appeals and reports about domestic violence and stop renunciation of registrations of claims about domestic violence.

Done partly.

Done partly.

29

The Ministry of education and science of Ukraine should include domestic violence as a human rights violation problem and a problem of health of society into the curriculums of educational establishments for law officers and law enforcers, medics, social workers, teachers etc. To include the courses on prevention of domestic violence and aid to its victims into the curriculums of educational institutions training psychologists, teachers, lawyers, enforcers, social and medical workers.

 

No systematic implementation.

30

The state committee of statistics should better state statistical records of domestic violence prevention designing new reporting forms intended to register domestic violence prevention and introduce statistical reports reflecting violence and cruelty in relation to children. To provide for systematic statistical data collection with line-item and type representation.

Not done

See commentary to par 25.

Conclusions. The important directions of modern public policy in the field of prophylactic and counteraction against domestic violence include dissemination of information, education, training; creation of effective assistance and protection of victims; improvement of interagency cooperation to grant domestic violence control and relief aid on national, oblast and regional levels, increase of efficiency of law-enforcement actions and prosecution of violators; work with offenders, urgent advanced training of civil servants dealing with domestic violence control, forming of non-acceptance of violence as a form of tackling social conflicts, forming of the NGOs sponsorship mechanisms, financial in the first place.

 

Proposals for prevention and control of domestic violence

For the Verkhovna Rada of Ukraine

1. To conduct Parliamentary hearings «About the state of implementation of the Law of Ukraine “On domestic violence prevention”.

2. To adjust the Law of Ukraine “On social work with children and youth” in accordance with the Law of Ukraine “On domestic violence prevention”.

3. To amend the Law of Ukraine about administrative violations, the section about exclusion of such sanction as fines from the article 173-2.

4. Clarify the disposition of the article 173-2 of CUAO, where words “… use of physical violence which did not cause physical pain and bodily harms” conflict with wording of physical violence in the article 1 of the Law of Ukraine “On domestic violence prevention”.

5. To amend the legislation in the section referring to the jurisdiction of courts of all functions of endorsement of protective warrant and participation in the correction program.

6. To amend article 27 of the Criminal Procedure Code of Ukraine concerning the exclusion of light and moderate bodily harms as a result of domestic violence (articles 125 and 126 of the CCU) from the list of those which go to criminal court only on the basis of complaint of a victim, who therefore has a right to appear for the prosecution.

 

For the Cabinet of Ministers of Ukraine

7. To amend the executive order of the Cabinet of Ministers about model regulations about centers for equal and unlimited access to social services, including the liquidation of the clause about 35-years limit.

8. To work out the system of budgetary financing of crisis centers and shelters for the victims of violence. Sending the responsibility for financing of these agencies down to local budget means the unequal conditions for the victims of violence from various regions of the country, who have equal rights.

 

For the Ministry of Ukraine for Family, Youth, and Sports

9. To work out and submit to the Cabinet of Ministers of Ukraine the amendments to the Statute of the Ministry, taking into account the Law of Ukraine “On domestic violence prevention” and proposal of the UNO Committee about liquidation of all forms of discrimination of women according to the conclusions of the sixth and seventh joint reports on Ukraine’s implementation of the UNO Convention on liquidation of all forms of discrimination of women.

10. To amend the staff lists of departments for family and youth of regional state administrations and city executive committees with positions of specialists in domestic violence and prevention of human trafficking and coordinators of these directions.

11. To collect and regularly publish statistics on occurrence of domestic violence in Ukraine and relevant control measures.

12. To get NGOs involved in counteraction to domestic violence.

13. To ensure early finding of families with violence problems––real or possible––and provide for social accompaniment of such families

14. To continuously update DBs of state agencies and NGOs working to prevent all forms of violence.

15. To work out suggestions amending the Law of Ukraine «On the State Budget» in order to ensure that all NGOs have equal competitive access to budgetary financing.

16. To include into drafts of state documents aims, tasks and measures designed to reduce gender violence and discrimination of vulnerable groups of women, esp. migrant women belonging to minorities, etc.

17. Together with internationals and NGOs to go on informing citizens about aid availability in the cases of domestic violence, training their personnel, teach specialists to work with offenders and victims.

18. To administer personnel tests to find out their knowledge of the laws of Ukraine “On promotion of equal rights and possibilities for women and men” and “On domestic violence prevention” and occurrence of gender stereotypes among public officers. To organize training depending on the results of tests.

 

For the Ministry of Internal Affairs of Ukraine

19. To ensure operative consideration of appeals and reports about domestic violence, to make renunciation of registration of domestic violence cases impossible.

20. To exclude violations of legislation by district militia inspectors (refusal to record appeal of a victim about domestic violence, refusal to answer the phone calls for help, refusal to issue forensic medical referral etc.)

21. For law enforcers: to follow the rules of ethics and conduct with citizens.

22. To combat corruption in law enforcement agencies.

23. To pay attention to law enforcers guilty of domestic violence and other crimes and apply corresponding disciplinary penalties and punishments.

24. To constantly improve the skills of law enforcers.

 

For the Ministry of Health Care

25. To amend the Order of MHC No 33 from 2000 about staff list and account for the needs of medical and psychological rehabilitation centers.

 

For the Ministry of Education and Science of Ukraine

26. To include the domestic violence as a problem of violation of human rights and problem of social health into the curriculums of establishments for the staff of judicial and law-enforcement bodies, medics, social workers, teachers etc.

27. To include the lectures on domestic violence prevention and aid to its victims into the curriculums of institutions of higher learning training psychologists, teachers, lawyers, enforcers|, social and medical workers.

 

For the state judicial administration of Ukraine, Academy of Judges of Ukraine

28. To generalize experience of application of legislation in the sphere of counteraction to domestic violence, to collect and propagate the best practical proposals about prevention of violence, protection of victims and prosecution of criminals on national, regional and local levels.

 

For the Foreign Ministry of Ukraine

29. To ensure propagation of the Proposals of UNO Committee for liquidation of discrimination of women according to the results of discussion of the sixth and seventh joint report on implementation by Ukraine of the UNO Convention on liquidation of all forms of discrimination of women.

 

1 Prepared by K. Levchenko together with I. Ohorodniychuk, International Women’s Rights Center "La Strada Ukraine".

2 portal.rada.gov.ua

3 The defense of the 6th and 7th joint report on implementation by Ukraine of the UNO Convention for liquidation of all forms of discrimination of women took place on January 21, 2010.

4 Final comments of the Committee for liquidation of discrimination of women (45th session, September 18--February 5, 2010).

5 The materials of the chapter "Prophylactic of domestic violence and human trafficking" of the report of Association UMDPL "Human Rights & militia activities in 2010" were prepared by L. O. Guema.

6 The materials of the chapter "Prophylactic of domestic violence and human trafficking" of the report of Association UMDPL "Human Rights & militia activities in 2010" were prepared by L. O. Guema.

7 Article 15 "The grounds for modification or termination of social services to families, children and youth" of the Law of Ukraine "On social work with children and youth". The grounds for modification or termination of social services to families, children and youth are as follows:

  • - achievement by children of 18 years of age and young people of 35 years;
  • - voluntary rejection of a social services if this rejection or its consequences do not violate the rights and freedoms of others and do not threaten the life of the person who refuses to receive the relevant type of social services;
  • - if the grounds for the said social services become obsolete;
  • - other circumstances prescribed by law.

8 Article 4 "The objects of social work with families, children and youth" of the Law of Ukraine "On social work with children and youth". "The objects of social work with families, children and youth include as follows:

  • - family, children, youth;
  • - professional and other groups;
  • - social groups in need of social assistance".

9 The materials of the chapter "Prophylactic of domestic violence and human trafficking" of the report of Association UMDPL "Human Rights & militia activities in 2010" were prepared by L. O. Guema.

10 Shown in bold type are requirements that prevent equal access for victims of domestic violence to get assistance. The information was obtained during data collection on the performance of domestic social institutions providing assistance for wronged persons in order to organize advising on violence prevention and children’s rights protection on the national hotline.

11 The adherents of Yanukovych call on the SSU to stop the activities of Western funds. – http://helsinki.org.ua/index.php?id=1287828142

12 Liz Kelly. Violence against women and children. Vision, Innovation and Professionalism in policing. Guide. Council of Europe, March 2003.

 

 

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