International Public Organisation Foundation for Research and Support of Indigenous Peoples of Crimea

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Article 23

Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured.

Article 52

Children are equal in their rights regardless of their origin and whether they are born in or out of wedlock.

Any violence against a child, or his or her exploitation, shall be prosecuted by law.

The maintenance and upbringing of orphans and children deprived of parental care is entrusted to the State”.

But if we investigate the set of legal acts called upon to develop the constitutional guarantees and to realize it at per day practice we’ll see that there is nothing ensuring the Indigenous Identity of our Children. The laws of Ukraine devoted to the regulation of the status and protection of the Child (ren) do not include any provisions to be applicable for the situation of the Indigenous Children to have possibilities to preserve their Indigenous identity and not to be assimilated.

For example we may take a basic Ukrainian Law On Protection of Childhood

What we’ll we see?

The Law defines protection of childhood in Ukraine as a strategic national priority and sets general grounds for state policy in this field with the purpose of ensuring the exercise of child's rights to life, healthcare, education, social security and comprehensive development.

Article 1. Terms and definitions

A child – a person below the age of 18 years (legal age) unless he or she is entitled to the legal age rights in accordance with applicable legislation.

Childhood – period of a person’s development prior to reaching the legal age.

Protection of childhood – system of state and public measures aimed at ensuring full life, comprehensive upbringing and development of a child and protection of his or her rights.

An orphan child – a child whose parents are no longer alive.

Children without parental care – children who are left without parental care due to termination of parental rights, withdrawal of children without termination of parental, declaring parents missing, disable, or dead, serving sentence in the form of custody, custody during investigation, declaring wanted by the police due to evasion of alimony payments and lack of information on whereabouts, lingering disease of parents that prevents them from performing their parental duties, as well as abandoned children, children whose parents are unknown, children rejected by their parents and homeless children.

Homeless children – children who were abandoned by their parents, left families or child-care institutions themselves and have no certain place of residence.

Foster family – family that voluntarily takes up to 4 children from institutions for orphans and children without parental care for upbringing.

Family-type orphanage – separate family initiated by spouses or a single person that takes no less than 5 orphans and children without parental care for upbringing”.

Even the principle of equality of the people in this context is turned into the principle of indifference or “nor paying attention” to the particular needs of Indigenous Child(ren):

“Article 3. Key principles of protection of childhood

Regardless of their race, skin color, sex, language, religion, political or other beliefs, national, ethnic or social origin, financial standing, state of health and childbirth, as well as their parents or any other circumstances, all children on the territory of Ukraine shall have equal rights and freedoms provided for by this Law and other laws of Ukraine”.

It is very easy to notice that principles and approaches establishing equality among the children of domination population which , should be greeted at the same time are the mechanism of assimilation and destruction of the Indigenous identity of Indigenous and Minority Child(ren) due to the lack at the law and administrative practice any provisions guaranteeing the preservation of their culture, religion, language, perception of the World, behaviour patterns, skills etc. the any elements of their Indigenousness.

Even at the list of rights of the Child by the law we won’t see anything related to the special needs of Indigenous ones:

“Article 6. Right to life and health care.
Article 7. Right to name and citizenship.
Article 8. Right to sufficient living standard.
Article 9. Rights to free expression of opinion and obtaining information.
Article 10. Right to protection from all forms of violence.
Article 15. Right to contact with parents who reside separately.
Article 16. Right to contact with parents, other family members and relatives who reside in other countries”.

It looks like the closest right to what we need the Right for Education must be. However if we analyze it in the text of he law: Article 19. Right to education.

The State shall guarantee accessible and free pre-school, complete secondary, vocational and higher education in state and communal educational facilities and the provision of state scholarships and privileges to students of these facilities in accordance with procedures established by the laws of Ukraine.

The State ensures the right to choose an educational establishment and instruction in mother-tongue or learn mother-tongue in State and Community educational establishments”, we’ll see that this minimum (mother-tongue) in practice may be reached not in the closed State boarding-schools because neither Indigenous Community nor parents have an influence to them.

The mother-tongue is inaccessible even at the common public State educational system.

In Khakasia (Russia): “There is a special prison (colony) in Khakasia for underages. Also we have a special center for those who cannot be taken to the prison but their crimes are rather serious. Also there are some special orphan's schools where children live and learn. Sure the indigenous children are not taught to know their traditions and language. I can say it without any authorities help. In Abakan, the center of Khakasia just in two schools there is a special class for indigenous children. And the Republican school and the schools in the places where indigenous live compactly they teach the children to read and write Khakas language”.

In Taymyr (Russia): “After our longtime actions two first classes of primary school were opened since last year. There are 29 students there”

In Crimea (Ukraine): there are 378 Crimean Tatar Children at the boarding schools of different type in Crimea. In no one of them the language and culture of Crimean Tatars are taught.

There is very remarkable provision at the Ukrainian Law on Protection of Childhood:

“Article 20. Involvement into national and world culture”, where “national culture” means the standard culture of the country i.e. of dominating non-Indigenous population.

Directory: esa -> socdev -> unpfii -> documents
documents -> Meeting on indigenous peoples and indicators of well-being
documents -> E/C. 19/2009/crp. 1 26 January 2009 English Permanent Forum on Indigenous Issues Eighth session
documents -> United nations nations unies department of economic and social affairs
documents -> United nations nations unies department of economic and social affairs
documents -> Report of the North America Region Preparatory Meeting for the United Nations Permanent Forum on Indigenous Issues Eighth Session (unpfii8) March 13th and 14th, 2009 Window Rock, Arizona Navajo Nation Co-Chaired by Clarence Chee
documents -> United nations nations unies department of economic and social affairs
documents -> United nations nations unies department of economic and social affairs
documents -> United nations nations unies department of economic and social affairs
documents -> Template for preparing project proposals I. Project Cover sheet

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