PROTECTION OF CHILDREN’S RIGHTS FROM DOMESTIC VIOLENCE: MAIN STRATEGIES OF UKRAINE AND FOREIGN STATES
Abstract
The article examines the issue of protecting the rights of minors who have suffered from domestic violence. It is noted that violence against children in the sphere of family relations remains one of the most pressing problems, and preventing this socially negative phenomenon is a priority for the state. In public consciousness and the media, the problem of violence often appears in a highly distorted form as “horrors of an isolated case.” This leads to numerous myths about domestic violence, such as the belief that violence occurs only in socially disadvantaged families or that victims of violence have a specific appearance or social status. In reality, violence exists in all social groups, regardless of income, education, social status, cultural, religious, or socio-economic aspects. It is emphasized that domestic violence violates a range of internationally recognized human rights, including the right to equal protection under the law and protection against discrimination based on gender, the right not to be subjected to cruel treatment, the right to life and physical integrity, and the highest standards of physical and mental health. It is highlighted that children are the primary victims of violence. Child abuse includes any form of slavery or slavery-like practices, including the sale and trafficking of children, debt bondage, forced or compulsory labor, including forced recruitment of children for use in armed conflicts; the use, recruitment, or offering of a child for prostitution, the production of works, images, film and video productions, computer programs, or other pornographic materials; work that, due to its nature or conditions, may harm the physical or mental health of the child; the use of children for begging or their involvement in criminal activities, alcohol or drug consumption; actions that led to circumstances where a child became a witness to a crime against life, health, freedom, honor, dignity, sexual freedom, or sexual integrity; sexual intercourse and depraved acts towards a child using coercion, threats, force, trust, authority, or influence over the child, particularly vulnerable situations for the child, including intellectual or sensory disabilities or a dependent environment, including within the family. Therefore, it is proposed to introduce a separate provision in the Criminal Code of Ukraine: “Crimes related to domestic violence against minors.” Additionally, the need for rehabilitation measures for victims of domestic violence is emphasized, aimed at illustrating a family life free of violence, beatings, and abuse, showing that a child can and should be surrounded by love and care.
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