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• Topics / Children’s rights

Who stands to gain from children officially not existing?

16.03.2011    source: www.helsinki.org.ua
UHHRU lawyer Maxim Shcherbatyuk has no doubt that the only conceivable winner from the new regulations making it impossible to register children not born in a maternity home is the State budget with families unable to receive assistance due them

Who came up with the idea of refusing to register children not born in a maternity home? Who will save money on those mothers who have given birth or will at home? Who wants to drag young parents through the courts?  The correct answer is the Ministry of Justice.

Many media outlets have reported that from now on, except in special circumstances, children not born in maternity homes will not be registered. Parents of children born at home will be forced to argue their case through the courts, with an exception being made only for those who really didn’t have time to get to a maternity ward. Others will not be able to receive the birth certificate with the customary package of documents – the certifying note from a paediatrician and statements from two witnesses.

According to Maxim Shcherbatyuk, lawyer for the Ukrainian Helsinki Human Rights Union, the amendments made by the Ministry of Justice to the Rules for State Registration of Civil Position Acts in Ukraine have restricted the rights of one group of mothers regarding registration of their children. He explains that previously women who gave birth at home could register their child on the basis of a medical certificate and statements from two witnesses present at the birth, whereas now they will have to seek registration for their children via the courts.

Since this is likely to take a long time, he points out, this will also result in violation of the child’s rights.

“Clearly the State budget will win out from this innovation since until those children are registered it will be impossible to receive any form of assistance allowed for by legislation on families with children.  It will also be impossible to receive concessions as a family with many children if the said child is the third child in the family”.

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