State System on Protection of Children’s Rights and Legal

Interests at Local Level

The Kyrgyz Republic,Bishkek, 12-14 May 2009

The number of children under 18 years old makes The number of children under 18 years old makes 42% 42% from the total size of 5 mln. from the total size of 5 mln. peoplepeople..2/3 2/3 of the population are rural citizens who live in of the population are rural citizens who live in 472 472 ayil okmotys (village ayil okmotys (village administrations)administrations)10% 10% of population are beneficiaries of allowances for low income familiesof population are beneficiaries of allowances for low income families, , out of themout of them 97% - 97% - are childrenare children. . There is a growing number of disabled children There is a growing number of disabled children ((from from 6,0 6,0 thousand in thousand in 19901990 up to up to 20,3 20,3 thous. children inthous. children in 2007). 2007). There is the increasing number of children deprived of parental care, “street” children There is the increasing number of children deprived of parental care, “street” children engaged in prostitution, abusing alcohol, drugs, etc.engaged in prostitution, abusing alcohol, drugs, etc.;;The juvenile delinquency rate remains to be high and the prevalent vagrancy among The juvenile delinquency rate remains to be high and the prevalent vagrancy among children contribute to committing offenceschildren contribute to committing offences;;The number of children who dropped schools according to the research findings made 70 The number of children who dropped schools according to the research findings made 70 thousand childrenthousand children; ; Annually 40 parents are deprived from parental rights and in more than Annually 40 parents are deprived from parental rights and in more than 4000 4000 families families children are left with one of the parents in the result of divorceschildren are left with one of the parents in the result of divorces..There is a trend of decreased parental responsibility for upbringing childrenThere is a trend of decreased parental responsibility for upbringing children..Lack of prevention activities in the places of children residence Lack of prevention activities in the places of children residence

Such trends adversely affect and reduce the social viability of population and if Such trends adversely affect and reduce the social viability of population and if the government does not pay special attention to childhood challenges all this may lead to the government does not pay special attention to childhood challenges all this may lead to degraded societydegraded society..

Interaction of Agencies Responsible for Protection of Child Rights and Their Interests

National Council on Affairs of Women, Family and Gender Development under the President of the KR

The Executive Body – the Unit in President’s Administration

Intersectoral Commission The Executive Body - State Agency on Sports, Physical culture, Youth and CP

Local State Administrations Executive Body– FCSD

Local Self-Governance Executors – a specialist on social issues,

Ministry of Labor

Ministry of Education

Ministry of Health

Ministry of

Interior

ГКМЗ

Policy

Coordination

Методобеспечение

Organizational support

Children and Their Families

Administration System

At National Level: Child Protection Department – a specially

authorized body to protect rights and legal interests of children under the KR Government

At District Level: Rayon State Administration Commissions on Children’s Affairs Family and Children Support Units At Local Self-Governance Level): A specialist on social issues

Legislative Framework to Regulate the Public System to Protect Child Rights and Their legal Interests at Local Level

The Kyrgyz Republic Child Code as of June 9, 2006; The Law on Local Self-Governance and Local State Administration as of

May 29, 2008; The KR Government Decree «On Creation of Family and Child Support

Departments and Commissions on Children’s Affairs under the Kyrgyz Republic Rayon State Administrations and Local Self-Governance Executive-Administrative Bodies» (as of June 10, 2008, №285);

The Kyrgyz Republic laws as well as international agreements and other legal statutes and regulations of the Kyrgyz Republic.

Goal: To safeguard constitutional, legal rights and interests of children residing on the territory of the Kyrgyz Republic

Objectives: To implement public policy on protection of child rights and legal

interests of children; To implement and improve state, national programmes related to

implementation and protection of child rights and legal interests of children;

To coordinate the performance of ministries, state committees, administrative agencies, local self-governance bodies related to child rights and legal interests of children;

To identify the future areas of protection of child rights and legal interests of children.

FCSD Goals and Objectives

To ensure protection of civil, economic, social and cultural rights, legal interests and freedoms of children

To take part in development and implementation of public policy in terms of protection of rights, freedoms and legal interests of children, to develop and implement family and child support territorial strategies, plans, and programmes

To facilitate physical, intellectual, mental, spiritual and moral development of children, fostering patriotism and civic identity

To coordinate and develop family and child support system of services and facilitate their development at local level

FCSD Functions

To coordinate the performance of state institutions and facilities dealing with family and child issues

To prevent juvenile delinquency and undertake actions to prevent child abuse in families and residential care institutions;

To identify children left with no parental care and children whose parents fail to provide adequate upbringing and care;

To deliver services to protect child rights and legal interests of children in crisis including preventive services, rehabilitation and community re-integration services;

To award last name, first name and patronymic if both parents are unknown;

To decide about the type of placement of children left with no parental care based on child’s needs assessment results;

To select the guardians, trustees, adoptive parents, foster or adoption families;

The Causes Behind Children Institutionalization (placement of children in residential care institutions such as boarding homes or

orphanages)

Parentlessness (full orphans) - 12 % Poor living standards of parents, single parents - 44,7 % Refusal from children - 20,8% Children with disabilities are included in single parents and refusals

from children Homeless children - 22,5 %

- furthermore, 88% of children are social orphans

Children in Need of Alternative Social Services

• Children who became parentless or left with no parental care; • Families which have children with disabilities;• Unattended\uncared and homeless children; • Children and teenagers with deviant behavior;• Children, victimized from inhuman treatment and abuse in families; • Low-Income Families; • Families-victims of detrimental moral and psychological family climate; • Broken families; • Families of minor parents; • Unwed mothers on child-care leave and others

The Purpose to Develop Alternative Social Services

To revert children from entering residential care institutions (to prevent institutionalization);

To return children back to their homes or to ensure upbringing of children in the environment approximated to family care as much as possible;

To rehabilitate children with special needs from adverse effects of abuse, to provide support to working and street children;

To provide social support to children and their families through support services.

Types of Placements of ChildrenLeft with no Parental Care, with Special Needs and in Crisis

They are supported by the government: • Priority – Adoption ; •Guardianship and Trustee, Guardianship allowance per child makes 200 som a month (5 USD);• Orphanages and state boarding schools (2 psychoneurological, special 18) this type is prevailing where children with disabilities are placed, more than 6000 children;

• Family-based Orphanage (Foster Family) The KR Gov. Decree № 158 as of 30.03.1998;

• Rehabilitation and Adaptation Centers for Children in Crisis (RAC, Bishkek, Osh cities).

Under the support of international organizations :• Day care centers for children with special needs (Talas oblast); • Centers for temporary placement of street kids (CPC, Bishkek);• Mother and baby units (to prevent abandonment).

SOS – Children Village SOS

According to the Family Code the Government incurs accountability for children left with no parental care. Currently the international organization provides support, education and socialization services, the government dissociated from fulfilling their legal commitments.

Solutions: To enforce legally the pattern or model (the example of Republic of Kazakhstan)

SOS – Children Village Other alternative types – Pursuant to the Family Code they should be enforced only

through legislation but in reality they emerge on an ad hoc basis

Foster Care

- this type of care and upbringing of children left without parental care, children with disabilities and children in crisis. Foster care is implemented based on the agreement between the foster trustee and relevant state administration authority or local self-government, it can be a short-term (up to 6 months) and long-term – until the child becomes of age and reaches 18 years old. The child is placed in a foster family until the adoptive parents are found – primarily they include children of early age, children under rehabilitation from abuse effects, children with special needs during the time of parents’ annual leave, children of parents in crisis, children whose parents are deprived from parental rights and prisoners, children placed earlier in УИТ, homeless children, children during the period of parents’ divorce.

Challenges

The executive authorities and local self-governments inefficiently implement public policy related to addressing issues of parentlessness, children with disabilities, children in crisis;

The public administration authorities and local self-governments lack awareness on advantages and benefits of alternative types of care for parentless children, children with disabilities, children in crisis;

Underdeveloped or lack of local child protection infrastructure on the ground;

Local self-governments inefficiently implement the KR legislation in terms of addressing issues of child and family;

Public administration authorities and local self-governments lack full information on the status of parentless children, children with disabilities, children in crisis which are placed in residential institutions;

The civil society is detached from addressing the issues of orphans, children with disabilities, lack capacity to support families in crisis.

Solutions and Future Development Prospects

1. To conduct researches to explore reasons behind parentlessness, children disability, institutionalization of children, social and economic implications of children institutionalization;

2. To develop and adopt Public Family Policy Concept;3. To elaborate efficient arrangements for intersectoral coordination in terms of

protecting child rights and their legal interests;4. To use efficiently the arrangements to revert children from

institutionalization;5. To develop infrastructure to support adoptive families and children (Social

support services, Adoptive Parents’ Schools).6. To develop legislation to promote social services (social residential care

institutions, semi-residential or respite care institutions , rehabilitation centers, counseling points, etc.);

7. To reform the system of financing alternative social services (decentralization);8. To increase accountability of local self-governments in terms of addressing

issues of parentless children, children with disabilities, and children in crisis.

To prevent the growth of parentless children, children with disabilities, de-institutionalization and revert children from entering residential care institutions and build community-based adequate conditions for their lives and development

- these are the priority issues for our society.

Thank you for your attention!