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United Nations Committee on the Rights of the Child - States Parties Reports |
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UNITED
NATIONS |
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CRC |
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Convention on the Rights of the Child |
Distr. GENERAL CRC/C/125/Add.5 15 November 2004 ENGLISH Original : RUSSIAN |
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Third
periodic reports of States parties due in 2001
RUSSIAN
FEDERATION* **
[18 August 2003]
____________________
* For the second report submitted by the Government
of the Russian Federation, see CRC/C/65/Add.5; for the summary records of
meetings
at which it was considered by the Committee, and the Committee’s
concluding observations, see documents CRC/C/SR.564-565 and
CRC/C/15/Add.110
respectively.
** In accordance with the information transmitted to
States parties regarding the processing of reports, the present document was
not
formally edited before being sent to the United Nations.
GE.
04-44578 (EXT)
CONTENTS
Paragraphs Page
Introduction 1 - 5 5
I. GENERAL INFORMATION CONCERNING
THE
RUSSIAN FEDERATION 6 - 16 5
II. GENERAL MEASURES OF
IMPLEMENTATION
(arts. 4, 42 and 44, para. 6) 17 -
60 7
III. DEFINITION OF THE CHILD 61 - 62 15
IV. GENERAL
PRINCIPLES 63 - 92 16
A. Non-discrimination (art. 2) 63 - 72
16
B. Best interests of the child (art. 3) 73 - 77 17
C. The
right to life, survival and development
(art. 6) 78-83 78 -
83 18
D. Respect for the views of the child (art. 12) 84 -
92 19
V. CIVIL RIGHTS AND FREEDOMS 93 - 119 20
A. Name and
nationality (art. 7) 94 - 97 20
B. Preservation of identity (art.
8) 98 21
C. Freedom of expression (art. 13) 99 21
D. Freedom
of thought, conscience and religion
(art. 14) 100 -
101 21
E. Freedom of association and of peaceful
Assembly (art.
15) 102 - 104 22
F. Protection of privacy (art.
16) 105 22
G. Access to appropriate information 106 -
116 22
H. The right not to be subjected to torture or
other
cruel, inhuman or degrading treatment
or punishment (art. 37 (a) ) 117 -
119 24
CONTENTS (continued)
Paragraphs Page
VI. FAMILY ENVIRONMENT AND
ALTERNATIVE CARE 120 -
185 25
A. Parental guidance (art. 5) 120 - 123 25
B. Parental
responsibility (art. 18, paras. 1-2) 124 - 129 25
C. Separation from
parents (art. 9) 130 – 135 26
D. Family reunification (art.
10) 136 - 137 27
E. Illicit transfer and non-return 138 -
139 27
F. Recovery of maintenance for the child 140 - 143
28
G. Children deprived of a family environment (art. 20) 144 -
151 28
H. Adoption (art. 21) 152 - 161 30
I. Periodic review
of placement (art. 25) 162 - 164 31
J. Abuse and neglect (article 19),
physical and psychological
recovery and social reintegration (art.
39) 165 - 185 31
VII. BASIC HEALTH AND WELFARE 184 - 243
35
A. Disabled children (art. 23) 184 - 197 35
B. Health and
health services (art. 24) 198 - 219 37
C. Social security and
child-care services and
facilities (art. 26 and art. 18, para. 3) 220 -
235 42
D. Standard of living (art. 27, paras. 1-3) 236 -
243 45
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 244 -
270 47
A. Education, including vocational training and
guidance
(art. 28) 244 - 257 47
B. Aims of education (art. 29) 258 -
262 50
C. Leisure, recreation and cultural activities 263 -
270 51
CONTENTS (continued)
Paragraphs Page
IX. SPECIAL PROTECTION MEASURES 271 - 374 52
A. Children in
situations of emergency 271 - 289 52
1. Refugee children (art. 22) 271 - 281 52
2. Children in armed
conflicts (art.38), including physical
and psychological recovery and
social integration
(art. 39) 282 - 289 54
B. Children in the
system for the administration of justice
in cases involving children 290
- 337 55
1. Administration of justice in cases involving
juveniles (art.40) 292 - 320 56
2. Children deprived of their
liberty, including any
form of detention, imprisonment or confinement
in a correctional institution (art 37 (b)-(d)) 321 -
327 63
3. Sentencing of children, including in particular
the
prohibition of capital punishment and life
imprisonment (art. 37 (a)) 328 - 329 64
4. Physical and
psychological recovery and
social reintegration of children(art. 39) 330
- 337 64
C. Child victims of exploitation, including physical and
psychological recovery and social integration (art. 39) 338 - 366
67
1. Economic exploitation of children, including
child labour (art. 32) 338 - 347 67
2. Use of narcotic drugs (art.33) 348 - 355 68
3. Sexual exploitation and sexual abuse (art. 34) 356 - 363 70
4. Sale, trafficking and abduction (art. 35) 364 - 365 71
5. Other
forms of exploitation (art. 36) 366 71
D. Children belonging to
minorities or
Indigenous populations (art. 30) 367 - 374 71
ANNEXES
1. Principal regulatory instruments adopted in the period 1997 -
November 2002,
implementing the principles of the Convention on the Rights
of the Child
in the Russian Federation
as of November 2002
INTRODUCTION
1. The Russian Federation’s second periodic report on the
implementation of the Convention on the Rights of the Child in the
period
1993-1997 was considered on 23 September 1999 at the twenty-second session
of the Committee on the Rights of the Child.
2. This report has been
prepared pursuant to article 44, paragraph 1 (b), of the Convention in
accordance with the general guidelines
regarding the form and contents of the
periodic reports to be submitted by States parties (CRC/C/58) on the basis of
material supplied
by federal ministries and departments whose remit includes the
situation of children and ensuring and implementing their rights,
information
from the authorities of members of the Russian Federation, official statistics,
special studies and information from
organizations concerned with
children’s problems.
3. Part I contains general information on the
country and its population, the political system and the main trends of changes
in the
situation of children during the period 1998-2002. The main part of the
analytical material consists of eight sections and includes
information on the
measures adopted by the Russian Federation in implementation of the Convention
on the Rights of the Child during
the period under review in accordance with the
international obligations that it has accepted, on the progress achieved,
difficulties
encountered and further steps planned for future application of the
provisions of the Convention.
4. In accordance with the provisions of
paragraph 8 of the General Guidelines regarding the Form and Content of Periodic
Reports to
be submitted by States Parties under article 44, paragraph 1 (b) of
the Convention, information submitted in the Russian Federation’s
second
periodic report is not repeated in this report, but references are made to
paragraphs of that report where necessary.
5. The annexes contain a list
of laws and other regulatory instruments adopted in implementation of the
principles of the Convention
on the Rights of the Child since submission of the
second periodic report, reflecting changes in the situation of children, and
statistical
data on this subject for the period under review.
I. GENERAL INFORMATION CONCERNING THE RUSSIAN FEDERATION
6. Data on administrative division and political
structure are provided in paragraphs 5, 14 and 15 of the second periodic
report.
7. The fall in Russia’s population that started in 1992 is
continuing. At the beginning of 2002, the permanent population of
the Russian
Federation amounted to 144 million, a reduction of 2.8 million, or 1.9 %,
since 1998, and it is continuing to decline
in 2002. It is estimated that
the permanent population on 1 September 2002 was 143.3 million. The decline in
the population is
due to natural decrease, amounting to 6.5 persons per thousand
in 2001.
8. Because of the low birth rate, the number of children is
declining all the time: in the period 1998-2001 the number of children
under 18
fell by 4.2 million to a total of 31.6 million, or 22 % of the population,
by the beginning of 2002 (compared with 24.4
% at the beginning of
1998).
9. A regular all-Russian population census was carried out, after
a long interval, in October 2002, but its results, including data
on family
structure in the Russian Federation, will be processed only in the period
2003-2004. Until processing of the population
census data is completed, the
national and family structure of the population, and the level of education, can
be assessed only through
data of the 1989 census and the microcensus of 1994
(see paras. 7-10 of the second periodic report).
10. The building of a
market economy in the period under review was marked by contradictory trends.
Whereas in 1997 signs of macroeconomic
stability with slower inflation rates
were emerging in the economy of the Russian Federation, the country was drawn
from the beginning
of 1997 into a deep and prolonged financial and economic
crisis, the acute phase of which started in August 1998. This led to sharp
price increases, a fall in budgetary income at all levels and in currency
receipts, a significant decline in commodity resources
and a fall in real
incomes and living standards.
11. Up to 1999, the manifestations of
crisis in the economy and the limited financial possibilities prevented the full
financing of
social and cultural needs. The Government’s main efforts
during these years were directed at maintaining the essential network
of social
and cultural institutions, and financing federal budgetary expenditure on
payment of wages, grants, pensions and allowances.
The following areas were
regarded as being priorities and were secured: stabilization of the financing of
the social sphere and
social programmes already adopted, overcoming distortions
in the structure of budgetary expenditure on requirements in education,
health,
culture and social security, increasing this expenditure, and ensuring a
realistic level of wages for workers in the budgetary
sphere and of grants,
pensions and allowances.
12. The measures adopted, including the pursuit
of a carefully thought-out monetary and credit policy, resulted in qualitatively
new
conditions and prerequisites for resolving the fundamental problems of
Russia’s economic and social development. The trend
in basic
macroeconomic indicators became positive. For example, real GDP rose by
14.5 % as against 1999. At the same time, starting
in 2000, the structure
of GDP use showed a trend of faster growth rates of end-use by domestic
households, which rose by 18.8 % in
the period 2000-2001.
13. On
average, federal budget expenditure on the wages of workers in the social and
cultural sector has more than tripled since 1999.
So far as investment in the
social sector is concerned, fixed-capital investment in health rose by
43.3 %, and in education by 20.6
%, in the period 1999-2001. In terms
of the population’s welfare, the effects of the 1998 crisis have been
practically overcome.
For example, the level of real wages in 2001 was
98 % of the 1997 level, and wages continued to rise in 2002. At the same
time,
wage arrears were substantially reduced, from 52.6 billion roubles on 1
January 1998 to 35.4 billion roubles on 1 October 2002.
The number of
unemployed, calculated according to the ILO methodology, fell from
8.9 million, or 12.3 of the economically active
population, in 1998 to 6.3
million, or 8.9 % of the economically active population, in 2001 and is
continuing to decline (at the
end of November 2002 it amounted to 5.1 million,
or 7.1 % of the economically active population).
14. The efforts
undertaken resulted in a further reduction in infant mortality (from 17.2 per
thousand births in 1997 to 14.6 in 2001
and 13.8 for January-September 2002),
and in child mortality (including mortality of children under 5, from 21.1 in
1997 to 18.4
in 2001). Vaccination of children against diphtheria,
whooping-cough, poliomyelitis, measles, tuberculosis and other diseases is
proceeding smoothly. Access is being maintained for children to
children’s pre-school establishments and free general secondary
education
and to children’s health services. Social services for the family and
children are continuing to be developed and
are playing an increasingly
important role in preventing family tribulation, with increased attention being
devoted to the quality
of services provided; the process of reforming the
network of establishments for disabled children has been started;
children’s
educational reform continues; and legislation is being
developed on ensuring the rights and interests of children, with increasing
efforts being devoted to its implementation, both through allocation of the
necessary resources and through the creation of appropriate
mechanisms for
implementing legislative standards.
15. At the same time, the depth
and scale of the social and economic changes that have taken place, their
rapidity and consequent
lack of resources, the complexity for a substantial part
of the population of adapting to the new conditions, the historically short
period of time available to strengthen institutions that have been and are
being newly created and meet the requirements of the
market economy and the
democratization of social life – all these mean that problems remain in
the major spheres of children’s
activity. They continue to include the
dysfunction of some families, often accompanied by violence, including violence
towards children,
leading to neglect and child delinquency and to the rise of
social orphanhood. An acute problem is the use by minors of alcohol
and drugs
and the deterioration in children’s state of health. A long-term problem
is poverty among families with children
which, despite all the measures adopted,
has so far not been reduced.
16. The Russian Federation, recognizing the
need to move steadily towards fuller implementation of the provisions of the
Convention
and, on that basis, to improve the situation of children, has largely
developed the machinery for practical measures in defence of
the rights of
children and is carrying them out on the basis of the National Action Plan for
Children for 1995-2000, the Government’s
Action Plan in the area of social
policy and modernization of the economy for 2000-2001, and the Medium-term
Programme of Social
and Economic Development of the Russian Federation for
2002–2004.
II. GENERAL MEASURES OF IMPLEMENTATION
17. Information on national legislation adopted up to 1997 to implement the
Convention is contained in paragraphs 30-35 and 37-41
of the second periodic
report and its annex. During this period, the full legal basis for securing the
rights of children in the
new social and economic conditions was established.
In 1998-2000 the legislation on securing the rights and interests of children
was further developed with a view to making it correspond more fully to the
principles and provisions of the Convention and to creating
the legal conditions
for preventing social misfortune among children. To this end, the federal laws
on immuno-prevention of infectious
diseases (1998), narcotic drugs and
psychotropic substances (1998), the sanitary and epidemiological welfare of the
population (1999),
ratification of the Convention concerning Equal Opportunities
and Equal Treatment for Men and Women Workers: Workers with Family
Responsibilities (1999) and the laws on amendments and additions to the Labour
Code of the Russian Federation (1999), principles
of compulsory social insurance
(1999) and approval of the federal programme of educational development adopted
in application of
that ILO Convention, etc., were adopted.
18. Measures
to protect the rights of children in a difficult situation in life with a view
to better guaranteeing the interests of
the child are being carried out on the
basis of the amendments and additions adopted during the period under review to
the Family
Code (in the section relating to protection of the interests of
children in international adoption and the introduction of an additional
form of
bringing up orphaned children in a family environment – 1998), the Labour
Code (relating to the social and economic
support of adoptive parents –
1999), the federal law on social protection of the disabled in the Russian
Federation (relating
to raising the upper age of disabled children to 18 –
1999), and a number of amendments and additions to laws on allowances
for
families with children, including provisions to increase allowances. New
federal laws were adopted on concessionary interurban
travel for children
needing treatment in sanatoria and spas (1998), fundamentals of the system for
preventing child neglect and juvenile
crime (1999) and a national databank
concerning homeless children (2001).
19. The federal law on basic
guarantees of the rights of the child in the Russian Federation, adopted in
1998, is of strategic importance
in the establishment of the theory and practice
of protecting the rights of children. In particular, it provides that the aims
of
national policy in the interests of the child are realization of the rights
of children provided for in the Russian constitution,
the inadmissibility of
discrimination against them, and the restoration of their rights when they are
violated. The law stipulates
that national policy in the interests of the child
is a priority area in the activities of Russian State
authorities.
20. Implementation of the Convention on the Rights of the
Child is one of the priorities in the current review of national legislation.
For instance, guarantees protecting the rights of children, in particular
against economic exploitation, in accordance with the
standards of international
law are contained in the new Labour Code of the Russian Federation (adopted in
2001, entered into force
on 1 February 2002); as part of the reform of the tax
laws, a standard has been included relating to social tax deductions (part
of
income made tax-free) for parents in connection with children’s
upbringing, medical treatment and education; children’s
rights to social
services have also been taken into account in the reform of pension laws.
Standards guaranteeing the inheritance
rights of children, including those born
out of wedlock, have been retained in Part III of the Civil Code (adopted in
2001).
21. The special needs of children were taken into account in the
adoption of a set of legal instruments (laws, Russian Government
orders,
methodological documents) relating to the social support of poor families
(federal laws on minimum living standards in the
Russian Federation –
1997, overall consumption basket for the Russian Federation – 1999, and
State social assistance
– 1999).
22. As required by the concluding
observations of the Committee on the Rights of the Child, special attention has
been given to reforming
legislation on the administration of justice in cases
involving juveniles and the protection of children against any form of violence
and abuse. Progress in this area was helped by the adoption in March 2001 of
the federal law on amendments and additions to the
Criminal Code, the Code of
Criminal Procedure, the Punishment Code and other legislative instruments of the
Russian Federation.
The new Code of Criminal Procedure, adopted in 2001
(entered into force from July 2002) establishes a large number of procedural
guarantees for juveniles in the light of United Nations international standards
and norms concerning justice relating to juveniles.
23. With the adoption
of the new Administrative Offences Code (2001, entered into force from July
2002), sanctions on parents for
non-fulfilment or improper fulfilment of their
obligations regarding the maintenance and upbringing of juveniles were
strengthened.
In addition, a standard was introduced for the first time in
national legislation establishing responsibility for obtaining income
from
prostitution, if such income arises from the activity of another person involved
in the prostitution, that is, from pimping.
This is a further element in
combating the involvement of juveniles in prostitution.
24. The system of
legal resources protecting the interests of children was further developed in
the period under review. As well
as the Commissioner for Human Rights in the
Russian Federation, the institution of commissioners for children’s rights
is being
expanded at the regional level. As at September 2002, the functions of
commissioners for children’s rights had been established
in 15 members of
the Russian Federation, including the Chechen Republic. All regional
commissioners have the right to monitor observance
of children’s rights in
children’s establishments, and they do in fact perform these
functions.
25. In accordance with the concluding observations regarding
the need to establish an independent Ombudsman for children’s rights
at
the federal level, large-scale research was carried out in Russia, with UNICEF
support, to study this matter. The results showed
that as a first step, in a
federal State with extensive territory, it is advisable to develop the
institution of commissioners for
children’s rights at the level of the
members of the Russian Federation. This approach ensures that the commissioner
is accessible
to children according to their place of residence and allows for a
more operational reaction to any violation of children’s
rights, as well
as the establishment of truly independent monitoring of children’s
establishments in the region. The necessary
level of independence of these
commissioners can be achieved on the basis of regional laws, as is indeed
happening in practice.
Although the first commissioners were appointed by
decision of heads of administration, they have recently been appointed through
legislative instruments.
26. The main lines of State social policy for
improving the situation of children in the Russian Federation to the year 2000
(National
Action Plan for Children), approved by Presidential Decree (see para.
42 of the second periodic report) have been implemented throughout
the country.
A plan containing specific measures for the gradual implementation of the
National Plan has twice been approved by the
Russian Government (in 1996 and
1998).
27. In accordance with the provisions of the final document of the
twenty-seventh special session of the General Assembly, on the
situation of
children, entitled “A world fit for children”, preparation of a new
action plan for children up to 2010
is being completed. Pending its adoption, a
short-term Action Plan to improve the situation of children in the Russian
Federation
in 2001-2002, approved by a Government regulation, has been
implemented in Russia since 2001. The plan includes specific measures
for
assistance to families for children’s maintenance and upbringing;
protection of children’s health; assistance for
children requiring special
State care; legal child protection; and international cooperation to strengthen
protection of the rights
of children.
28. The coordination machinery
established at the federal level in previous years (para. 43 of the second
periodic report) has proved
its viability.
29. At the same time, in
accordance with the concluding recommendations, the responsibilities of the
federal and regional levels of
administration are being defined so as to provide
for the best possible protection of children’s rights. This work is being
done as part of the improvement of inter-budgetary relations and reform of the
division of powers between federal and regional authorities
and municipal bodies
in the application of social and economic policy. The principal aim is fully to
meet national obligations,
including the obligation to improve the situation of
children.
30. A great deal of attention was devoted in the period under
review to the mobilization of resources to achieve greater implementation
of the
standards of the Convention. The new opportunities offered by the economic
growth that has been recorded are being used for
priority funding of national
policy in the interests of children in the areas of upbringing, education,
protection of health, culture,
physical culture and sport, social services and
social protection of the family and children. The share of federal-budget
expenditure
on education, health and culture has steadily increased in the
period since the 1998 financial crisis. Compared with the previous
year,
expenditure on the social and cultural sector rose by 56 % in 2000,
61.6 % in 2001 and 39.2 % in 2002. The increase is occurring
not only
in absolute terms but also in terms of the share of total expenditure in the
federal budget and proportion of GDP. Thus,
whereas the share of such
expenditure in total federal-budget expenditure was 10.3 % in 1999, it
amounted to 10.4 % in 2000 and 13.0
% in 2001. It is expected to
account for 2.2 % of GDP in 2002, as against 1.4 % in
1999.
31. Expenditure on education rose substantially, outpacing all
other sectors in the social sphere and the economy as a whole. The
Government’s Action Plan in the area of social policy and modernization of
the economy for 2000-2001 and the Medium-term Programme
of Social and Economic
Development of the Russian Federation for 2002–2004 declare that the
modernization of education, aimed
at the creation of conditions enabling
citizens to exercise their right to an education whose structure and quality
meet the requirements
of the economy and civil society, is one of the most
important national development priorities. Budgetary funding of education in
2000 was 50 % higher in 2000 than in 1999, and the increase over the
previous year was 52 % in 2001 and 49 % in 2002. Expenditure
in the
consolidated budget on education exceed that on defence for the first time in
2002.
32. One of the most important areas of implementation of the
provisions of the Convention in the period under review was work on combating
neglect and abandonment, including stronger measures at all levels to prevent
family tribulation, organization of productive activities
for children, looking
after their studies, creativity, physical culture and sport, and
re-socialization of neglected and homeless
children and their
families.
33. In the period under review, an important tool for carrying
out national social policy to improve the situation of children was
the
presidential programme “Children of Russia”, which made it possible
to combine the work of a number of federal executive
agencies and regional
legislative and executive bodies to attain a single aim – the
establishment of favourable conditions
for children’s overall development
and for ensuring their vital activities.
34. Federal targeted programmes
to improve the situation of children in the Russian Federation were approved by
Government order No.
1207 of 19 September 1997. They include: “Disabled
children”, “Development of social services for families and
children”, “Prevention of neglect and juvenile delinquency”,
“Orphaned children”, “Gifted children”,
“Development of all-Russian ‘Orlenok’ and ‘Okean’
centres”, “Children of the North”,
“Children of families
of refugees and displaced persons”, “Children of Chernobyl”,
“Safe motherhood”
and “Development of the baby food
industry”. By Presidential Decree No. 290 of 15 January 1998 on the
presidential programme
“Children of Russia”, these programmes were
combined in the “Children of Russia” programme, which was accorded
presidential status.
35. The priority attached to resolving
children’s problems is evidenced by the increase in programme funding and
full funding.
In 1998, only the programme “Gifted children” was
100 % funded, but the 1999 figures showed that virtually all the federal
targeted programmes were fully financed. Total funding increased by almost
2.2 % in 2000 compared with 1998 (1492.68 million roubles
against 694.7
million roubles).
36. When the “Children of Russia” programme
expired, a Government ordinance of 25 August 2000 approved 10 federal
targeted
programmes to improve the situation of children in 2001-2002. Four of
them (“Disabled children”, “Orphaned children”,
“Gifted children” and “Prevention of neglect and juvenile
delinquency”) were accorded presidential status
by Presidential Decree No.
1328 of 16 November 2001. Substantially increased funding was provided for the
programmes approved for
2001-2002. Under the 2001 budget, total expenditure on
implementing programmes of the “Children of Russia” programme
was
increased by 23.4 % compared with 2000, including increases of 41.6 %
for the “Development of social services for families
and children”,
40.3 % for “Safe motherhood”, 28.8 % for “Disabled
children”, 26 % for “Prevention
of neglect and juvenile
delinquency” and 20.2 % for “Orphaned children”. The
programmes were fully funded in 2001,
and funds additional to those planned were
allocated to implementation of the programmes from supplementary budgetary
income. As
a result, funding of the “Disabled children” programme
was 3 times higher, and that of the “Prevention of neglect
and juvenile
delinquency” programme 2.2 times higher, in 2001 than in 2000. These
programmes were also fully funded in the
first nine months of
2002.
37. To ensure consistent targeted financing to resolve the most
pressing problems of children through targeted programmes, Government
ordinance
No. 732 of 3 October 2002 approved the federal targeted programme
“Children of Russia” for the period 2003-2006,
consisting of the
“Healthy child”, “Gifted children”, “Prevention of
neglect and juvenile delinquency”,
“Orphaned children” and
“Disabled children” programmes. Despite the change in the
programme’s content,
the resources allocated to its implementation in the
2003 budget were maintained at virtually the 2002 level.
38. Funding of
educational and health programmes was increased. The total funding of federal
targeted programmes in the educational
sphere in 2002 was more than twice as
high as in 2001 and totalled 4.5 billion roubles (against 2.1 billion roubles in
2001).
39. The amount of resources allocated from the federal budget to
children’s leisure and health is steadily increasing (110.6
million
roubles in 1998, 321.2 million roubles in 1999, 532 million roubles in 2000
and 1,151.2 million roubles in 2001).
40. Resources in the federal budget
for pursuing a policy in the interests of children are supplemented by resources
from the budgets
of the members of the Russian Federation and extra-budgetary
funds. For example, the Social Insurance Fund of the Russian Federation
participates in funding restoration of the health of children of working
citizens and children requiring special State care, increasing
expenditure from
compulsory social insurance for these purposes every year: it amounted to 2.2
billion roubles in 1998, 4.2 billion
roubles in 1999, 7.16 billion roubles in
2000 and 9.68 billion roubles in 2001. This included expenditure on children
requiring
special State care amounting to 52.9 million roubles in 1998, 242.8
million roubles in 1999, 672.7 million roubles in 2000 and 787
million roubles
in 2001 (see also para. 62 of the second periodic report).
41. In
accordance with the concluding observations of the Committee on the Rights of
the Child on the second periodic report, the
Government has taken measures to
seek new solutions to budgetary problems so as to ensure the payment of
children’s allowances,
debt repayment and protection of the most
vulnerable groups.
42. The introduction of direct payment of the monthly
children’s allowance in 1999 and the establishment of federal funding
of
the allowance in 2001 ensured the timely payment of allowances to the socially
most vulnerable families with children, as well
as the steady liquidation of
debt related to the payment of the allowance. As a result, by November 2002 the
debt had been reduced
to 11.7 billion roubles, from 30.3 billion roubles in
1999. It is planned to extinguish the debt fully by the end of
2003.
43. The increase in resources allocated to policies in the interest
of the child is being accompanied by greater monitoring of their
purposeful and
effective use on the basis of competitive programme implementation and strict
financial monitoring in the State treasury
system.
44. Designating 2001
as the Year of the Child helped to attract public attention to the problem of
improving the situation of children
and securing their rights and interests.
The President and Government of the Russian Federation devote constant attention
to improving
the situation of children and especially to the most urgent
problems in this area. The impetus to intensify the campaign against
child
neglect came directly from the President.
45. The attention given by the
President to measures to help children is evidenced by the State awards granted
to parents and teachers
in family children’s homes and to mothers and
fathers with many children, and the allocation from the President’s
reserve
fund of resources to help orphanages, children’s homes and
rehabilitation centres for disabled children, and specialized institutions
for
juveniles needing social rehabilitation.
46. The President’s
Security Council regularly reviews problems relating to the campaign against
drugs and neglect and to reducing
the level of poverty among families with
children. During the period 1999-2002 the Russian Government twice considered
such problems
as combating child abandonment, the situation of orphans, the
effectiveness and extension of federal targeted programmes to improve
the
situation of children, and combating the worst forms of child labour and
ratification of the relevant convention.
47. The practice of holding
parliamentary hearings on problems relating to the situation of children,
attended by various representatives
of civil society, is being developed. For
example, in the period 1998-2002 combating drug use among children and young
people, sexual
exploitation of children, payment of allowances to families with
children, implementation of the “Children of Russia”
programme and
other questions were considered at parliamentary hearings.
48. Discussion
of the situation of children and measures to improve it is growing in
international, national, regional and professional
conferences and various
seminars, with the broad participation of State and non-governmental
organizations of the Russian Federation
and of its members, international
experts and children themselves. To mark the tenth anniversary of the adoption
of the Convention
on the Rights of the Child, such conferences were held
everywhere. The regular All-Russian Congress of Paediatricians was held in
2001. Seminars on various aspects of the institution of commissioner for
children’s rights have been held annually since 1998
in order to develop a
model work description for commissioners. The Second Russian Congress
“World of the family”, which
was attended by 800 representatives of
more than 40 regions of Russia, was held in 2001 on the initiative of public
organizations.
In accordance with the results of the conference held in Moscow
in April 2002 on cooperation between State and social structures
in implementing
a national strategy to combat HIV infection in the Russian Federation, it was
decided to establish a public council
on problems of HIV/AIDS as a coordinating
and advisory body consisting of representatives of State structures and funds
and public
organizations. Active involvement is growing among children and young
people: on the initiative of the all-Russian public organization
“Youth
unity”, the Congress of Young Citizens of Russia was held in 2002 under
the slogan “Russia needs me”.
The holding of the congress resulted
in active work by the participants to create a databank of children’s
social initiatives
that children and young people can pursue in their own
regions.
49. Cooperation between State authorities and public
associations and non-governmental organizations, which occurs at the federal,
regional and local levels, is becoming increasingly important in implementing
policies in the interests of the child on the basis
of the Convention on the
Rights of the Child. As of December 2002, 120 public associations (against 38
in 1997) with international
or all-Russian status whose basic work is related to
children’s problems were registered at the Russian Ministry of
Justice.
50. Everywhere in the regions and locally, public organizations
are carrying out programmes – independently or with the support
of State
authorities or local self-administration – aimed at developing protection
of children and providing them with the
necessary assistance and support,
including work to prevent drug abuse, material help for poor families, the
campaign against child
abandonment and work with disabled children. It is
important that their activities are concentrated mainly at the place of
residence
of families with children, as a result of which they are effective and
timely.
51. The past five years have seen the emerging development of
the volunteer movement, whose members work on the streets without pay
among
homeless children and child drug abusers, advise children and their parents on
various matters and assist in the care and rehabilitation
of disabled children
in residential homes.
52. The traditional close cooperation between State
bodies and trade unions, the Russian Children’s Fund, the Russian Red
Cross
and the Federation of Children’s Organizations is
continuing.
53. A broad coalition of non-commercial non-governmental
organizations working in the interests of children is forming in society,
as was
confirmed at the First All-Russian Conference of Non-Governmental Organizations
“Civil society for the children of Russia”,
held in March 2001,
which was attended by the representatives of more than 1,000 public associations
from all parts of the Russian
Federation. The authorities need the potential
and experience of non-governmental organizations. In 2001 NGOs participated as
equal
partners together with representatives of federal agencies in the Civic
Forum, at which the most urgent problems of Russia’s
current stage of
development were discussed, including establishment of the juvenile justice
system, the development of education
and the forms and methods of social
protection of children. As a result of the Forum NGOs became members of
advisory bodies and
working groups on various children’s problems in the
Russian Government and federal ministries.
54. During the period under
review the targeted-programme approach became one of the chief methods of
resolving the most important
social problems, including problems of improving
the situation of children. In addition to the “Children of Russia”
programme, federal targeted programmes carried out in the period under review
included the following: “Anti HIV/AIDS”,
“Vaccination
prophylaxis”, “Urgent measures to combat tuberculosis” and
“Comprehensive measures against
drug abuse and illegal drug dealing for
the period 2002-2004”. The “Youth of Russia” programme
included the subprogrammes
“Physical upbringing and health care of
children, adolescents and young people in the Russian Federation” and
“Young
family”. The federal targeted programme “Prevention of
and combating social diseases (2002-2006)”, including,
inter alia, the
subprogrammes “Measures to prevent sexually transmitted diseases”,
“Vaccination prophylaxis”,
“Urgent measures to prevent the
spread in the Russian Federation of illness caused by the human immunodeficiency
virus (anti-HIV/AIDS)”
was approved and is being implemented in 2002.
This shows the consistency and continuity of the policy in the interests of
children,
to the extent that the existing problems can be resolved through
long-term efforts. The practice of preparing targeted programmes
on the
problems of childhood is widely followed in the members of the Russian
Federation.
55. Russia’s international cooperation aimed at
promoting implementation of the aims of the Convention continued in the period
1998-2002. Cooperation with UNICEF, WHO, ILO, UNESCO, UNHCR, UNDP, the World
Bank, the Council of Europe and other international
organizations was
strengthened and in most cases carried out on a programmed
basis.
56. Work has continued on making children and adults aware of the
provisions of the Convention on the Rights of the Child. A compilation
of
material, including the second periodic report and all associated material,
replies to the supplementary questions and the concluding
recommendations, was
published and widely disseminated. The compilation also contained the text of
the Convention and the General
Guidelines regarding the Form and Contents of
Periodic Reports. A second revised and expanded edition of the compilation of
Russian
laws implementing the Convention and the national report of the Russian
Federation to the special session of the General Assembly
on the situation of
children was issued in 2001.
57. The national report on the situation of
children continues to be issued annually, and is now based on the law on basic
guarantees
of the rights of the child in the Russian Federation. At the same
time, annual regional reports on the situation of children are
prepared and
issued in the members of the Russian Federation.
58. During the period
under review, the provisions of the Convention were increasingly publicized at
the level of the members of the
Russian Federation, and publicity was especially
active in regions that have established the post of commissioner for
children’s
rights. The provisions of the Convention are published in a
version adapted for children and there are television programmes with
games and
discussions for children of various ages, including children being brought up in
various institutions.
59. This report has been prepared by an
Interdepartmental Coordinating Committee on implementation by the Russian
Federation of the
Convention on the Rights of the Child and the World
Declaration on the Survival, Development and Protection of Children. A broad
range of specialists from the Ministries of Labour and Social Development,
Education, Internal Affairs, Justice, the Economy, Foreign
Affairs, Statistics
and other ministries, and scientific and social organizations took part in the
work. Independent experts on
the rights of the child, juvenile justice and
health care contributed to the preparation of the report. The draft report was
considered
in the Interdepartmental Committee and in a round table attended by
representatives of scientific and social organizations. Official
statistics,
information documents and analyses from federal ministries and departments and
from the executive authorities of members
of the Russian Federation, and special
studies were used in the preparation of the report.
60. As was the case
for the two previous reports, it is planned to issue a separate edition of this
report with the aim of informing
the general public about the problems of
implementing the rights of the child. Further steps will be taken to publicize
the report,
including posting it on the Internet.
III. DEFINITION OF THE CHILD (art.1)
61. Information concerning the definition of the child in accordance with
article 1 of the Convention is given in paragraphs 71-73
of the periodic report
on the implementation of the Convention on the Rights of the Child in the period
1993-1997.
62. During the period under review the minimum age for being
hired for work was raised from 15 to 16 by the Labour Code (2001). A
ban was
introduced on the retail sale of tobacco products to persons under the age of 18
(federal law on restricting the smoking
of tobacco, art. 1). Sexual
intercourse between a person over the age of 18 and a person known to be under
14 is punishable as a
crime (Criminal Code of the Russian Federation, art. 134).
On 26 July 2002 the State Duma adopted on first reading the federal law
on
amendments and additions to the Criminal Code of the Russian Federation, under
which the minimum age for sexual relations is to
be raised from 14 to
16.
IV. GENERAL PRINCIPLES
A. Non-discrimination (art.
2)
63. The legislation of the Russian Federation contains no provisions that
are discriminatory on grounds of sex, race, nationality,
language, origin,
property status, place of residence, attitude to religion, beliefs, membership
of public associations or other
circumstances (see also paras. 74-87 of the
second periodic report).
64. The Russian Federation is a signatory to the
International Convention on the Elimination of All Forms of Racial
Discrimination
of 7 March 1966, which was ratified in 1969. On 18 June
1998 Russia ratified the Council of Europe’s Framework Convention
on the
Protection of National Minorities, and on 4 November 2000 it signed Protocol No.
12 (non-discrimination) to the European Convention
on the Protection of Human
Rights and Fundamental Freedoms. On 8 May 2001 Russia signed the Optional
Protocol to the Convention
on the Elimination of All Forms of Discrimination
against Women.
65. Regulatory legal instruments have been adopted on
matters relating to the prevention of intolerance and discrimination. The law
on
mass media (art. 4) prohibits the use of mass media to arouse national hatred
and intolerance. The federal law on public associations
(art. 16) prohibits the
creation and activities of public associations whose aims and actions are
directed at arousing social, racial,
national or religious hatred.
66. A
federal law on guarantees of the rights of indigenous peoples whose numbers are
small in the Russian Federation has been adopted.
The President of the Russian
Federation has approved the Concept of State Policy for Ethnic Groups (1996).
In 2001, the Russian
Government approved the federal targeted programme
“Establishment of tolerant awareness and prevention of extremism in
Russian
society (2001-2005)”, which provides for measures to nurture
tolerance and rejection of manifestations of nationalism and
chauvinism.
67. The Labour Code of 2001 contains a number of articles
aimed at the eradication of discrimination in the workplace. For example,
article 3 provides that no one may be restricted in his labour rights and
freedoms, irrespective of sex, race, skin colour, nationality,
language, origin,
property or social status, age, place of residence, attitude to religion,
political beliefs or other circumstances
unrelated to the working qualities of
the employee.
68. Under the federal law on the legal status of aliens in
the Russian Federation of 2002, foreign citizens and stateless persons
enjoy the
same rights as citizens of the Russian Federation irrespective of the purpose of
their sojourn in the Russian Federation,
except in the cases provided for in
Russian law.
69. In accordance with the observations of the Committee on
the Rights of the Child on the second periodic report (para. 25), special
attention was devoted during the period under review to work intended to reduce
economic and social disparities and prevent any discrimination
against children
or in their treatment, including disabled children.
70. The aims of
ensuring universal access to, and the socially acceptable quality of, the major
social benefits (principally medical
and social services and general education),
including those for children, are set out in the programme of social and
economic development
of the Russian Federation in the medium term (2002-2004).
Similar aims were set out in the Government’s Action Plan for social
policy and modernization of the economy in 2000-2001. Increasing protection of
socially vulnerable households, including those with
children, was identified as
one of the tasks of transformation in the social sphere.
71. Because
of continuing substantial differences in the level of material security of
families with minor children, and in order
to support low-income families whose
per capita income is below the poverty line, the federal law on State social
assistance of 1999
sets out the right of this category of families to additional
material assistance. This makes it possible to provide low-income
families with
the minimum acceptable living standard to maintain and bring up their
children.
72. During the period under review, steps were taken to provide
effective rehabilitation for disabled children and reintegrate them
properly
into society. The network of social and rehabilitation establishments for
disabled children, which constitute a real alternative
to placing disabled
children in residential homes, is being actively expanded. Particular attention
has been devoted to reform of
children’s boarding homes within the social
protection system, the introduction of new methods of treatment and
rehabilitation
of children, social and environmental adaptation and preparation
for independent life.
B. Best interests of the child (art. 3)
73. The principle of ensuring the best interests of the child and the
need to take priority account of it in measures affecting children
is enshrined
in codified and other federal laws (see para. 88 of the periodic report for
1993-1997). The federal law on basic guarantees
of the rights of the child in
the Russian Federation, in which State policy in the interests of children is
recognized as a priority
area in the work of State authorities, was adopted in
1998. The State recognizes childhood as an important stage in human development
and proceeds from principles of the priority to be accorded to preparing
children for a full life. The standards contained in the
earlier Labour Code
(KZoT) relating to observance of the best interests of minors in the workplace
have been retained in the 2001
Labour Code.
74. The principle of the best
interests of the child is given priority when the parents divorce, in making
arrangements for abandoned
children, in the allocation of budgetary
appropriations, in following procedures for refugees and displaced persons, in
the social
security system, and in placing children in various child-care
establishments (see also paras. 90-91 and 93-97 of the second periodic
report).
75. During the period under review, as part of the reform of
legislation on criminal procedure and enforcement of criminal punishment,
standards have been adopted to humanize the system of the administration of
justice for juveniles. For example, the new Code of
Criminal Procedure of 2001
contains a special procedure for passing sentence without a court hearing (art.
40), which may be used
to preserve the health of a juvenile with a fragile
nervous system. A juvenile can be taken into preventive custody only if he is
suspected of or being charged with a serious or extremely serious offence. In
other cases this restrictive measure can be applied
only in exceptional cases.
Educational colonies are to be divided into those with strict and those with
general discipline.
76. The paediatric health-care system is being
maintained and improved in order better to serve the best interest of the child
in
health matters. The strategic aim in improving mother and child services is
consistently to strengthen establishments and polyclinics,
to pursue
specialization of in-patient establishments and to provide maximum in-patient
services for children requiring them.
77. Russia has a highly developed
network of specialized higher and secondary educational establishments to train
specialists in childcare,
among them senior medical workers, including
paediatricians, various kinds of educators, psychologist teachers and branch
officials
of the Ministry of Internal Affairs. Social work, a relatively new
speciality in Russia, continues to be developed. Specialists
studying in
medical, teacher-training and other higher and secondary educational
establishments receive special training for work
with children. The overall
level of theoretical and practical training of social service specialists is
being raised. A great deal
of experience of working with children has been
accumulated in various areas. Relevant world experience is being used to improve
the quality of specialist training. Social work is being developed as a science,
with family and children’s problems as its
subject matter.
C. The right to life, survival and development (art. 6)
78. A system aimed at implementing guarantees of children’s right
to life and ensuring their survival and development to the
maximum extent
possible has been established in the Russian Federation. Special measures have
been adopted to ensure the life and
development of children affected by
radiation disasters.
79. An important condition for achieving positive
results in the organization of medical assistance for children is the
implementation
of the Programme of State guarantees of free medical care for
citizens of the Russian Federation. The Programme has been approved
annually
since 1998 by a resolution of the Russian Government. It establishes the types
and scale of medical care provided for children
from the budget (first aid,
medical care in socially significant types of disease, costly forms of
assistance) and from resources
of compulsory medical insurance. Preventive
medicine was included in the Programme for the first time in 2001 (see also
paras. 109-113
of the second periodic report).
80. Russia has a
procedure for recording deaths and a practice of compulsory post-mortems on dead
children. The procedure for recording
deaths of children, including the
indication of the cause of death, was based up to 1999 on Ministry of Health
order No. 1300 of
19 November 1984 on further improvements to the keeping
of medical records certifying births and deaths. With a view to further
improving the recording of natural population movements, the Ministry of Health
issued order No. 241 of 7 August 1998 on improvement
of medical records
certifying births and deaths following the changeover to MKB-X, which approved
the statistical report forms “Medical
death certificate” (No.
103/u-98), “Medical birth certificate” (No. 106/u-98) and
“Medical certificate of
perinatal death” (No. 106-2/u-98). On the
basis of medical death certificates, registry offices prepare death records,
copies
of which are sent together with the medical certificates to bodies of the
Russian State Statistical Committee, where they are processed
and statistical
reports are prepared in accordance with the concise list of causes of death
based on the tenth revision of the International
Classification of Diseases,
Injuries and Causes of Death. All cases of children’s death in hospital
are analysed at medical
conferences, while deaths elsewhere are assessed through
an expert judicial and medical appraisal.
81. In accordance with the
concluding observations of the Committee on the Rights of the Child on the
periodic report of the Russian
Federation for the period 1993-1997 (paras. 26
and 27), measures have been taken to prevent child killings and suicides. An
important
role in achieving these aims is played by establishments providing
social services to families and children (social assistance centres
for families
and children, psychological and educational assistance helplines, social
rehabilitation centres for juveniles, abandoned
children’s help centres,
social shelters for children and adolescents), whose activities include work
with “at risk”
families and children, operational intervention in
crisis situations, and provision of advisory services to help children,
adolescents
and families. In the period from 1997 to 2001, the total number of
these establishments rose from 979 to 1,409, while the number
of children and
adolescents receiving various kinds of assistance from them increased from
950,000 to 1,770,000.
82. With a view to the further development and
improvement of specialized assistance for persons in crisis situations, a
suicide service
has been established within the health-care system, including
“ telephone confidential”, social and psychological help
centres and
a department of crisis situations. The service is being expanded to medical
establishments.
83. The number of registered killings by mothers of
newborn babies has fallen, from 216 in 1998 to 204 in 2002). Juvenile death
rates
from premeditated self-harm remain high. Reasons for child and adolescent
suicide include family tribulation, reduction in the family’s
educational
function, and problems at school in relations with peers.
D. Respect for the views of the child (art. 12)
84. In the legislation in force in the Russian Federation, respect for
the views of the child is reflected in the Constitution, the Family Code and a
number of other laws. As part of the basic human rights and freedoms belonging
to the individual from birth,
everyone is guaranteed freedom of thought and of
speech (see para. 66 of the initial report).
85. Under the Family Code
a child has the right to express an opinion when any matter affecting his
interests is decided in the family,
as well as the right to be heard during
legal proceedings (see also para. 119 of the second report).
86. Russian
legislation provides for measures aimed at ensuring the right of juveniles to
express their views when brought before
a court, and also when being sent to a
child-care establishment and during time spent there.
87. In a number of
cases the wish of a child who has attained the age of 10 years has legal force
(see also para. 120 of the second
periodic report).
88. Under the federal
law on education, children and adolescents have the right to take part in the
administration of education.
The federal law on basic guarantees of the rights
of the child in the Russian Federation stipulates that, from the fifth class,
pupils
have the right, directly or through their elected representatives, to
petition the administration of educational establishments to
conduct, together
with the elected representatives of the students, a disciplinary investigation
into the work of employees of the
educational establishment. If the students
are not in agreement with the administration’s decision, they have the
right, through
their elected representatives, to seek the support and help of
State authorities (see also para. 123 of the second report).
89. The
vocational training of specialists working with children (teachers, branch
officials of the Ministry of Internal Affairs,
and social and medical workers)
includes a study of the provisions of the Convention on the Rights of the Child,
and of the provisions
of Russian legislation enshrining the rights of the child.
In recent years, social organizations have been included in the educational
process; they organize special courses, training and seminars to teach
specialists the fundamental aspects of the defence of children’s
rights.
90. Special sections encouraging professionalism in the
observance and monitoring of children’s rights have been introduced
in
teaching programmes for the training of senior teachers; the relevant sections
have been introduced in teacher-training curricula
and special courses on
children’s and human rights have been established in higher educational
establishments; and teaching
programmes on the Convention on Human Rights have
been prepared. Special programmes are offered for teachers of history and
social
sciences. The Ministry of Education has approved scientific and
methodological aids for teachers providing instruction on the Convention
on the
Rights of the Child.
91. School pupils learn about the Convention on the
Rights of the Child as part of the “Civics”
course.
92. Children’s opinions, needs and interests are taken into
consideration in identifying additional educational disciplines,
in the
organization of activity outside school and in the children’s social
movement. Children and adolescents have an opportunity
to express their views
in children’s and young people’s television broadcasts and through
children’s and young
people’s public associations.
V. CIVIL RIGHTS AND FREEDOMS
93. Basic human rights and freedoms, including the
right of every individual to citizenship, free expression of opinion,
inviolability
of the home and private life, personal and family privacy,
confidentiality of correspondence, access to information, the right not
to be
subjected to torture, violence or other inhuman or degrading treatment or
punishment, freedom of thought, conscience and religious
belief, and freedom of
association and peaceful assembly are enshrined in the Constitution of the
Russian Federation. Constitutional standards are given concrete expression in
relation to children in the Family Code, the
Criminal Code, the Code of Criminal
Procedure, the Punishment Code and federal laws on basic guarantees of the
rights of the child
in the Russian Federation, on public associations and on
State support for youth organizations and children’s associations,
and in
other instruments.
A. Name and nationality (art. 7)
94. The procedure for registering the birth of a child and establishing
his given name, patronymic and family name, including adopted
children and
children of refugees and asylum-seekers, the right of a child, as far as
possible, to know his parents and the right
to parental care are enshrined in
family laws (see also paras. 132-137 of the second periodic
report).
95. Procedures for registering the birth of a child are
specified in the federal law on civil status instruments of 1997, including
registration of births in remote areas and of foundlings.
96. The new
federal law on citizenship of the Russian Federation of 2002 contains standards
of the law previously in force relating
to ensuring the right of children to
acquire citizenship, particularly if the child would be stateless otherwise.
The basic criteria
for a child to acquire citizenship are the nationality of the
parents and the child’s place of birth. One of the fundamental
principles
of citizenship of the Russian Federation is to encourage its acquisition by
stateless persons living in the Russian Federation.
The legal provisions are
intended to ensure that no child should be left stateless. A child may acquire
the nationality of both
parents.
97. A child in the territory of the
Russian Federation whose parents are unknown becomes a Russian citizen if the
parents do not declare
themselves within six months of his being found. Where
the parents change their nationality, or if the child is adopted, the
citizenship
of the child is established in such a way that the child is not left
stateless. The consent of a child older than 14 is required
for him to acquire
or renounce citizenship of the Russian Federation.
B. Preservation of identity (art.8)
98. The Russian Family and Criminal Codes stipulate liability for child
substitution, unlawful adoption and infringement of adoption
privacy. The number
of cases of infringement of adoption privacy registered in the Russian
Federation was 42 in 1998, 38 in 1999,
28 in 2000, 26 in 2001 and 23 in 2002
(see also paras. 90-99, 143-146, 152-156 and 184-187 of the second periodic
report).
C. Freedom of expression (art.13)
99. A child’s right to freedom of expression is governed by general
civil legislation (see para. 142 of the second periodic
report).
D. Freedom of thought, conscience and religion (art. 14)
100. The Constitution guarantees to every citizen freedom of thought,
conscience and religious worship, including the right to practise any religion
individually
or with others, or not to profess any faith, to choose, hold and
disseminate religious and other beliefs and to act in accordance
with them (see
paras. 144-148 of the second report).
101. At the beginning of 2001 there
were 20,441 religious organizations covering almost 60 faiths in the Russian
Federation, of which
405 were centrally administered and 19,420 local, 136 were
religious educational establishments and 385 were monasteries.
E. Freedom of association and of peaceful assembly (art. 15)
102. Citizens of the Russian Federation are guaranteed the possibility of
exercising their right to associate and to establish, operate,
reorganize and
dissolve public associations. Freedom is guaranteed for the activities of public
associations. No one may be forced
to join or remain in any association (see
para. 150 of the second periodic report).
103. The rights of children to
freedom of association and peaceful assembly are enshrined in the federal law on
basic guarantees of
the rights of the child. Article 9 of this law stipulates
that the administrations of educational establishments are not entitled
to place
any obstacle in the way of the establishment of pupil’s associations, on
the initiative of pupils over 8 years of
age, except for children’s
associations that are founded or established by political parties and
children’s religious
organizations. In their free time pupils may, from
the fifth class, hold assemblies and meetings on issues relating to the defence
of their rights that may have been infringed. The administrations of
educational establishments are not entitled to place any obstacle
in the way of
such assemblies and meetings, including those held on the premises of the
establishment.
104. At the beginning of 2002 five youth and
children’s associations with international and nationwide status were
registered
with the Ministry of Justice.
F. Protection of privacy (art. 16)
105. Under the Family Code children have the right to protection of their
rights and legitimate interests. These rights and legitimate
interests are
protected by the parents (or persons acting in loco parentis), the
child-care authorities, the Procurator’s Office and the courts. The
federal law on basic guarantees of the rights of
the child in the Russian
Federation contains specific guarantees protecting the rights of the child in
the Russian Federation (see
articles 153-154 of the second periodic report).
G. Access to appropriate information (art. 17)
106. The access of children to appropriate information is governed in the
legislation currently in force in the Russian Federation
by the federal law on
mass media, the RFSFR law on languages of peoples of the RSFSR, and the federal
law on participation in the
international exchange of information.
107. General trends in the development of children’s publications
are an increase in the number of titles together with lower
circulation, an
improvement in the print quality of publications, and differentiation according
to age groups and readers’
interests and requirements. The range of
handbooks and popular scientific, practical and educational publications for
children of
all ages is being expanded, and there has been renewed activity in
children’s religious literature. Educational material predominates
in
literature published for children, while literary tales and folklore are the
main categories in artistic works. The number of
books for very young children
has increased in recent years. Private publishing houses account for 94 %
of children’s books
by number of titles and 98 % by print run.
108. Positive changes in the publication of books for children are
promoted by the federal law on State support for the mass media
and publishing
in the Russian Federation and the implementation of the federal programme of
support for Russian publishing in 1996-2001,
under which the State supports the
publication of books for children. A total of 162 children’s publishing
houses received
subsidies in the period 1996-2001. One of the priorities of the
programme was to publish literature both for specialists working
in correctional
educational establishments and to help families bringing up children with
developmental abnormalities. The large-scale
charity events “Books in
children’s homes and colonies” and “Books for rural
libraries” were held under
the programme.
109. The subprogramme
“Support for Russian printing and publishing in 2002-2005” of the
federal targeted programme “Russian
culture (2002-2005)” supports
children’s publishing. Books for children and young people that encourage
high moral and
patriotic qualities, humanism, behavioural culture and human
dignity and a healthy lifestyle are regarded as socially significant
literature.
It is planned to publish books for disabled children, correctional books and
books for children with mental or physical
handicaps.
110. As of 2000, 86
newspapers and 36 magazines for young people and 77 newspapers and 129 magazines
for children were registered
in the Russian Federation. The circulation of the
largest children’s newspapers exceeds 100,000 copies, average circulation
being between 1,000 and 5,000 copies. The subject matter of publications has
been expanded substantially, there are various children’s
and young
persons’ periodicals depending on sex and age, and newspapers and
magazines have appeared for girls, for the very
young, for family reading, etc.
A completely new aspect of periodicals for children has emerged – issues
prepared by children
and adolescents themselves. The main problems of the
children’s press are still its lack of accessibility for many young
Russians
and the paucity of nationwide publications.
111. To ensure
access to information for children belonging to ethnic minorities or the
indigenous population, State support has been
given to publications issued in
the languages of indigenous nationalities or ethnic minorities living in members
of the Russian Federation.
In the period September 1999 to January 2002 alone,
support was given to 76 publications.
112. With the commercialisation of
television, the unprofitable nature of broadcasts for children has led
television networks to minimize
the number of children’s programmes. The
proportion of children’s programmes shown on the television channels rose
slightly
in the period under review, amounting in 2001 to 5.8 % on ORT,
3 % on RTR, 3.9 % on TVT, 0.8 % on NTV and 10.4 on the Culture
Channel.
Children’s television is becoming more dynamic and varied.
Children’s programmes have been broadcast on satellite and
cable
channels.
113. In accordance with the federal law on the federal budget,
financial support for electronic mass media has since 2000 been organized
on a
competitive basis, in the form of the allocation of financial resources for the
establishment and/or dissemination of socially
significant and national
programmes. More than 40 projects for children and adolescents received support
in 2000-2001.
114. The system of free libraries continues in the Russian
Federation. Russia has more than 62,000 school libraries, 4,500 specialized
children’s libraries and about 50,000 municipal libraries whose readers
include children and young people as well as adults.
115. Matters
relating to protection of the child against information and material that harm
his welfare and from the harmful effects
of mass media are governed by the
federal laws on advertising, mass media, and basic guarantees of the rights of
the child in the
Russian Federation. For example, article 14 of the federal law
on basic guarantees of the rights of the child in the Russian Federation
provides for protection of the child against information that harms his health
or moral and spiritual development and stipulates
that disseminating printed and
audio-visual material that inflicts such harm is an offence.
116. With a
view to improving legislation governing the activities of the mass media in
relation to protection of the child against
information that harms his health or
moral and spiritual development, amendments to article 41 of the federal law on
mass media were
adopted in 2000 prohibiting publishers from disclosing, in the
material disseminated by them, any information directly or indirectly
referring
to the character of a juvenile having committed or being suspected of an offence
or having committed an administrative
infringement or anti-social act, without
the consent of the juvenile himself or his legal representative. The law also
stipulates
that publishers may not disclose in their material any information
directly or indirectly referring to the character of a juvenile
declared to be
an injured party, without the consent of the juvenile himself or his legal
representative.
H. The right not to be subjected to torture or other cruel, inhuman
or degrading treatment or punishment (art. 37 (a))
117. The Constitution of the Russian Federation
states that no one shall be subjected to torture or other cruel, inhuman or
degrading treatment or punishment.
Russian criminal legislation guarantees
security of the person (see articles 162 and 419 of the second periodic
report).
118. The Russian Federation is a signatory to the United Nations
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or
Punishment of 10 December 1984 (ratified on 3 March 1987). Russia ratified the
European Convention for the Prevention
of Torture and Inhuman or Degrading
Treatment or Punishment and acceded to Protocols No. 1 and 2 of that
Convention on 28 March 1998.
Experts from the European Committee for the
Prevention of Torture have carried out more than 10 inspection visits to the
Russian
Federation, including the Northern Caucasus. The Committee’s
comments and recommendations are taken into account by the Russian
judicial
authorities and prison administrations.
119. The Russian Federation
operates a system in which bodies of the Procurator’s Office are called
upon to supervise the observance
of human rights of citizens, including those in
prison, during a militia investigation and in children’s homes and other
establishments.
Bodies of the Procurator’s Office carry out systematic
checks on the observance of legality in the work of children’s
homes and
boarding establishments: as a result of these checks, steps are taken to restore
any children’s rights that have
been infringed. The Commissioner for
human rights in the Russian Federation also has the right to carry out
monitoring functions.
In 1998-2002 he visited a number of prisons and
children’s boarding establishments. In members of the Russian Federation
where the post of commissioner for children’s rights has been established,
these officials also carry out the necessary monitoring
of the observance of
children’s right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment,
especially in relation to children in
boarding and penitentiary establishments.
VI. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art.5)
120. The principal duty and right to bring up and
protect children lies with the family and parents. In Russian legislation the
parental
right to exercise guidance in accordance with the developing
capabilities of the child is enshrined in the Family Code (chapter 8,
Rights and
duties of parents regarding the upbringing of children), the federal law on
education and the RSFSR law on languages of
peoples of the RSFSR. Detailed
information on this subject is contained in paragraphs 163-170 of the second
periodic report.
121. Since the National Population Census was carried
out only in October 2002, new data on family structure cannot be obtained before
2004. However, current population statistics suggest that the decline in the
birth rate has led to a reduction in the number and
proportion of large
families. The number of single-parent families is rising. The number of
children born to unmarried mothers
expressed as a proportion of total births
rose from 25.3 in 1997 to 28.8 in 2001. At the same time, the trend for fathers
to acknowledge
children born out of officially registered wedlock is continuing.
In 2001, 48 % of children born out of wedlock were acknowledged
by their
fathers in the registration of the child. Another reason for the increase in
the number of single-parent families is the
increase in divorces, as well as the
high mortality rate of males of working age.
122. One of the main tasks
carried out by family counselling services is to ensure the free development of
children’s individual
abilities and inclinations in cooperation with their
adult teachers. Various forms of family and child counselling services have
been developed and are now in widespread use in Russia.
123. At the end
of 2002, 3,080 establishments of various kinds providing services to families
and children were in operation, including
41 psychological and educational
advice bureaux. Advice on bringing up a child can be given to the family or one
of the parents
at each establishment providing social services to families and
children. Thus, more than 15 million counselling sessions took place
on
psychological and educational problems. More than 350 educational
establishments for children needing psychological-educational
and medico-social
care, at which counselling is also given to parents, were opened in the
reporting period 1998-2000. The number
of such establishments had reached 850
by the end of 2002.
B. Parental responsibilities (art.18, paras. 1-2)
124. Under Russian legislation, parents are responsible for the
upbringing and development of their children. Detailed information
on this
subject is contained in paragraphs 171-176 of the second periodic
report.
125. In 1997, Russia ratified ILO Convention No. 156 concerning
Equal Opportunities and Equal Treatment for Men and Women Workers:
Workers with
Family Responsibilities. In implementation of its provisions, a number of
amendments were made to the Code of Labour
Laws, and in particular leave was
introduced for adoption of a child or children, with payment of the average wage
during this time
from social insurance funds. Leave may be granted to one of
the adoptive parents at their choice. This standard has been retained
in the
new Labour Code adopted in 2001, which contains a new chapter 41, Special
factors governing the work of women and persons
with family responsibilities.
As was the case previously, the Labour Code prohibits the assignment of pregnant
women to night and
overtime work, work on holidays and business trips. At the
same time, provision is made for a more flexible approach to the involvement
of
women with children under 3 years of age in these types of work: they may be
sent on a trip only with their written consent and
on condition that this is not
contrary to medical recommendations. The same rights have been extended to
workers with disabled children
up to the age of 18. All privileges granted to
women in relation to maternity also apply to men bringing up a child without the
mother and to guardians (foster-parents) of minors. Full equality of workers as
between the father and the mother is provided for
in relation to leave granted
in connection with the upbringing of a child. Measures to protect workers with
children if they are
dismissed have also been retained.
126. Starting in
2001, allowances to citizens with children have been raised: from 1 January 2001
they were increased on average by
20 %, while from 1 January 2002
allowances for the birth of a child and during leave to care for a child up to
the age of 18 months
were raised by 2.5-3 times.
127. Despite the
economic crisis, access to children’s pre-school establishments was
maintained, and the proportion of children
using their services increased during
the period under review, from 54 to 57 % of children of the appropriate
age.
128. Laws on assistance to poor families have been adopted and are
being implemented, and this is of substantial importance to the
most vulnerable
groups of families with children (large families, single-parent families and
those with disabled children).
129. At the same time, the limited
availability of financial resources means that for the time being the needs of
all families with
children for the necessary support cannot be met. The
principal recipients of regular material support in various forms are
poverty-stricken
families.
C. Separation from parents (art. 9)
130. Matters
relating to separation from parents are dealt with in the Family Code, the
Criminal Code, the Code of Criminal Procedure and the Punishment Code (see
also paras. 177-178 of the second periodic report).
131. Various measures
to prevent family tribulation, aimed at minimizing the effects of family
disruption, social rehabilitation of
the family and retention of the child in
his biological family, have been adopted. In addition to the work of
establishments providing
social services to families and children, in cases
where parents or minors’ legal representatives are not fulfilling their
obligations regarding their upbringing, education and/or maintenance, and/or are
having a negative impact on their behaviour or treating
them cruelly, the task
of carrying out preventive work is assigned to all bodies and institutions of
the system for prevention of
neglect and juvenile crime, under federal law No.
120-F3 of 24 June 1999 on fundamentals of the system of prevention of neglect
and
juvenile crime.
132. These bodies and institutions are: commissions
on juvenile affairs and protection of juveniles’ rights; administrative
bodies for the social protection of the population and establishments providing
social services, including specialized establishments
for minors needing social
rehabilitation; educational administrative bodies and educational
establishments, including open and closed
special establishments for education
and upbringing; youth affairs bodies and their institutions; administrative
health bodies and
health-care establishments; employment service bodies; and
agencies of the Ministry of Internal Affairs, including departments for
minors’ affairs.
133. The new Administrative Offences Code contains
heavier penalties for parents and guardians who do not fulfil their obligations
to maintain and bring up minors, cause minors to drink spirits or use drugs,
allow juveniles to appear in public places in a state
of alcoholic intoxication,
etc.
134. There were 489,200 successful civil actions for deprivation of
parental rights in 2001, and the number of children removed from
their parents
(with deprivation of parental rights and without deprivation of parental rights
in cases of threat of violence or cruelty,
and also of improper care) was 59,800
in 2001.
135. Parents are given information about a child if he is
detained by law-enforcement bodies. Under articles 46.2 and 96 of the Code
of
Criminal Procedure, which entered into force on 1 July 2002, the
investigator must inform close relatives within 12 hours of the
detention of a
minor.
D. Family reunification (art. 110)
136. A
minor’s leaving the country is governed by the federal law on procedure
for leaving and entering the Russian Federation
(see also paras. 189-195 of the
second periodic report).
137. On 7 October 2002, with a view to achieving
family reunification with children and preventing child neglect, Russia signed
the
Agreement on cooperation among States members of the Commonwealth of
Independent States regarding the return of minors to the States
of their
permanent residence. This agreement will enter into force after ratification by
three member States.
E. Illicit transfer and non-return (art. 111)
138. The illicit transfer and non-return of children
is a criminal offence in current Russian legislation.
139. There are very
few cases of one parent taking a child out of the country without the consent of
the other. As a rule, each case
is made the subject of court proceedings.
Russia resolves disputes in this area with a number of countries bilaterally on
the basis
of existing intergovernmental agreements.
F. Recovery of maintenance for the child (art. 27, para.4)
140. Recovery of maintenance for a child is dealt with in the existing
Russian legislation by the Family Code.
141. A child has the right to be
maintained by his parents and by other members of the family. Parents are
responsible for the upkeep
of their minor children. Detailed information on
this subject is given in paragraphs 198-201 of the second periodic
report.
142. If parents do not provide resources for the upkeep of a
child, recovery of maintenance payments is obligatory. Persistent refusal
to pay
maintenance is a criminal offence. Additional measures are available to help
children who do not receive maintenance from
their parents. The amount of the
monthly children’s allowance is increased by 50 % for children whose
parents refuse to pay
maintenance or in other cases provided for in Russian
legislation where recovery of maintenance is impossible.
143. The process
of concluding bilateral agreements with other countries on legal assistance in
family affairs is continuing.
G. Children deprived of a family environment (art. 20)
144. In the existing Russian legislation the rights
of children deprived of a family environment and the responsibilities of
institutions
and organizations to protect those rights are set out in the Civil
Code, the Family Code, the federal laws on additional guarantees
for the social
protection of orphans and children left without parental care and State databank
on children left without parental
care. To protect the rights of orphans and
children left without parental care in the home, amendments to the Housing Code
and the
federal law on privatization of the housing stock in the Russian
Federation have been adopted.
145. The following types of care for
children left without parental care are set out in the Family Code: adoption, as
the preferred
form for arranging a child’s upbringing in a family; care of
the child by an individual (guardian, foster parent); foster family;
home for
children left without parental care. Detailed information on legislation and
measures being adopted to implement the Convention
as regards the rights of
orphans is contained in paragraphs 202-210 of the second periodic
report.
146. At the end of 2001 the number of children left without
parental care was 685,100, an increase of 10 % over 1998. Under existing
laws, as was the case previously, the preferred form of care for children left
without parental care is to arrange for their upbringing
in a family.
|
|
1998
|
1999
|
2000
|
2001
|
|
Children left without parental care (at the end of the year)
Of which:
Brought up by a family (adopted, guardian)
Brought up in boarding establishments and studying in vocational training
colleges
|
620 155
450 677
169 438
|
638 184
463 475
174 709
|
662 750
482 455
180 295
|
685 132
501 687
183 445
|
147. During the period under review, the legal and organizational
conditions were established in the Russian Federation for preventing
family
tribulation and thereby reducing the number of orphans in society, expanding the
possibilities for bringing up children left
without parental care in a family
environment, and improving the conditions under which orphans are cared for in
boarding establishments.
More resources are now being allocated to financial
payments for maintenance of children being brought up by guardians and in foster
families. As a result, the number of children placed in the family of a
guardian for upbringing is rising annually (from 68,000
in 1998 to almost 78,000
in 2001), the number of children being brought up in foster families rose from
3,500 in 1999 to 5,200 in
2000, and in 2001 children’s family homes, which
were added to the list of types of care for orphans in 2000, already housed
400
orphans.
148. Members of the Russian Federation have been given the right
to introduce types of care for children left without parental care
additional to
those provided for in federal legislation.
149. A network of
specialized institutions for juveniles needing social rehabilitation (shelters
for children and adolescents, social
rehabilitation centres for juveniles, and
assistance centres for children left without parental care) is being developed
in order
to provide effective shelter for children left without parental care,
to remove them from an adverse family environment that threatens
their life and
development, and to carry out social rehabilitation work with families and the
child in such cases. The number of
these institutions exceeded 1,000 by the end
of 2002. Of 129,200 children in the permanent units of establishments providing
social
services for families and children, 80,400 were returned to their
biological families following improvement of family circumstances,
4,000 were
adopted or placed in guardianship, and 16,200 were placed in State boarding
establishments.
150. Boarding establishments are being broken up into
smaller units so as to make living in them more like the family environment;
new
types of boarding establishment have been set up (30 cadets’ boarding
schools, 9 boarding schools with initial flight training).
Organizing the
leisure and rehabilitation of orphans together with children growing up in their
biological family helps their development
and acquisition of vital
skills.
151. The Russian Government carried out a comprehensive review of
the situation of orphans in March 2002, as a result of which it
approved the
Programme of measures to prevent orphanhood in society and improve the situation
of children left without parental care
for the period 2001-2002. A subprogramme
“Orphans” was included in the federal targeted programme
“Children of
Russia” for the period 2003-2006.
H. Adoption (art.21)
152. In the existing Russian
legislation matters relating to adoption are governed by the Family Code, the
Administrative Offences
Code, the Criminal Code and the Code of Civil Procedure
of the RSFSR (from 2003 – the Code of Civil Procedure of the Russian
Federation). Detailed information on the legal bases of adoption is given in
paragraphs 211-219 of the second periodic report.
153. Measures to
implement the Convention with respect to protection of the rights and interests
of children in adoption were expanded
through legislative amendment of the
procedure for adoption of orphans, including adoption by foreign nationals
(Federal law No.
94-F3 of 27 July 1998 on amendments and additions to the
Family Code of the Russian Federation). The law stipulates that adoption
is the
preferred form of care for children left without parental care, states that the
presence of the adopter during court proceedings
on adoption is compulsory,
requires a decision by a child-care authority as to whether the adoption is
justified and meets the interests
of the child, prohibits intermediation in
adoption except by bodies specially authorized by foreign governments or
adoption agencies,
and states that such bodies and agencies may not pursue
commercial ends; and confirms the priority of the parents in the adoption
of a
child.
154. In order to develop the legal provisions and with a view to
regulating matters relating to the adoption of children who are citizens
of the
Russian Federation by Russian and foreign nationals permanently resident outside
the Russian Federation and by stateless persons,
the Rules for adoption of
children and monitoring the conditions of their life and upbringing in the
families of adopters in the
territory of the Russian Federation and the Rules
for registration by consular institutions of the Russian Federation of children
who are citizens of the Russian Federation and are adopted by foreign nationals
and stateless persons were approved by Government
resolution No. 275 of 29 March
2000.
155. Government resolution No. 268 of 28 March 2003 established the
machinery for monitoring the residence of children who are citizens
of the
Russian Federation and are adopted by foreign nationals and Russian nationals
permanently resident outside the Russian Federation,
in collaboration with
organizations working in the field of adoption and accredited in the Russian
Federation. Representatives of
foreign organizations send to the executive
authorities of a member of the Russian Federation written reports, prepared by
the competent
authority of the State in which the child lives, on the conditions
in which children live and are brought up in adoptive families.
The reports are
submitted every six months for the first year and annually in the second and
third years.
156. Federal law No. 44-F3 on the State databank on children
left without parental care was adopted on 19 October 2001. it provides
that
data on children left without parental care may be disseminated for the purpose
of informing the Russian population through
the publication of non-confidential
information on children in the mass media or by other means.
157. Thus,
in accordance with the concluding observations, sufficient guarantees have been
established to prevent the illicit transfer
and trafficking of children out of
the State and the potential misuse of intercountry adoption for the purpose of
trafficking.
158. The number of children adopted by foreign nationals is
quite stable (5,647 in 1998, 5,777 in 2001) and represents 22-25 % of
all
adoptions.
159. No cases of using adoption for purposes of human
trafficking have so far been recorded. There is no evidence of the
transportation
of Russian children abroad for further economic exploitation
(illegal work at construction sites, industrial enterprises, farms etc.).
At
the same time there are some cases of sexual exploitation of Russian minors
abroad, but the main method of getting them out of
the country is not adoption
but travel on tourist visas.
160. Offences relating to intercountry
adoption recorded in the Russian Federation consist of internal corruption, i.e.
bribery of
Russian officials by foreign nationals wishing to adopt a Russian
child.
161. On 7 September 2000 the Russian Federation signed the
Convention on the Protection of Children and Co-operation in Respect of
Intercountry Adoption, adopted on 29 May 1993 at the seventeenth session of the
Hague Conference on International Private Law. Preparations
for ratification of
the Convention are now being completed.
I. Periodic review of placement (art. 25)
162. In accordance with article 25 of the Convention, information on the
periodic review of placement and all conditions relating
to placement of
children for purposes of care, protection or psychological treatment, is given
in paragraphs 220-223 of the second
periodic report. The standards and rules
referred to continue to be fully applied.
163. In 2002 the Ministry of
Labour, which runs boarding homes for disabled children, approved the
Methodological recommendations
on the organization of the activities of State
(municipal) institutions known as residential homes for mentally backward
children.
They state that such homes carry out individual rehabilitation
programmes, prepared by establishments of the State medico-social
assessment
service, for disabled children. Individual rehabilitation programmes cover a
specific period, after which the child is
re-examined.
164. Together with
the strengthening of monitoring by departments and the Procurator’s Office
of conditions in which children
are kept in specialized institutions,
opportunities are provided for independent monitoring of the situation of
children in these
institutions in members of the Russian Federation where the
post of commissioner for children’s rights has been established.
J. Abuse and neglect (art. 19), physical and psychological recovery and social reintegration (art. 39)
165. The measures to protect children from violence described in
paragraphs 224-231 of the second periodic report have continued to
be
implemented in Russia.
166. The Government pays particular attention to
problems of violence, neglect and abuse of children in the family and outside
it.
167. On 27 May 1998 the Plenum of the Supreme Court of the Russian
Federation adopted a resolution on the application of legislation
by the court
in settling disputes relating to the upbringing of children. This order
clarifies the concept of “violence against
children”, which
comprises not only physical and mental violence or offences against their sexual
inviolability, but also the
use of inadmissible methods of upbringing (abusive,
neglectful or degrading treatment of children, humiliation or exploitation of
children). When such treatment is identified, action is taken against the
parents under the Family Code by restricting, or depriving
them of, their
parental rights. In so doing, in the interests of protecting the upbringing of
the child in his biological family,
it is recommended that deprivation of
parental rights should only be used in extreme cases and that the right of
temporary removal
of the child should be exercised in order to carry out
rehabilitation measures in respect of the family (children and parents).
In
order to reduce the number of unfounded refusals by courts to hear applications
for deprivation of parental rights, the Supreme
Court has drawn up a list of
establishments and organizations that can bring actions of this kind, including
rehabilitation centres
for juveniles, social assistance centres for the family
and children, social shelters for children and adolescents, and others.
This
has amplified procedural guarantees of the right of children to protection from
cruel treatment and violence.
168. The legal basis constituting the
foundation of the protection of juveniles’ rights against all forms of
physical and mental
violence was expanded in the period under review. The Code
of Administrative Offences broadened to the maximum extent possible the
fundamentals of parental administrative liability for non-fulfilment of their
responsibilities in the upbringing, education and protection
of children.
Cruelty to children is part of the concept of “improper fulfilment of
parental duty”. The administrative
liability introduced supplemented the
criminal liability existing under article 56 of the Criminal Code. Making
parents liable under
administrative law made it possible to react more
effectively to illegal behaviour towards children and to stop it at the outset.
At the same time, more widespread use is being made of criminal liability for
failure to fulfil responsibilities in children’s
upbringing associated
with abuse (the number of cases of indictments for these offences rose from
1,969 in 1998 to 2,973 in 2000).
169. Under the federal law on education,
discipline in an educational establishment is maintained on the basis of respect
for the
human dignity of the students. The use, even once, of educational
methods based on physical and/or psychological violence against
the person of a
pupil is considered grounds for dismissing the employee of the establishment on
the initiative of the administration
before expiry of his or her
contract.
170. The set of legal guarantees protecting children against
any form of abuse sanctioned by parents or by educators and teachers
was
expanded in the federal law on fundamentals of the system for prevention of
neglect and juvenile crime, adopted in 1999. This
law lists institutions and
organizations that are obliged to declare children living in conditions of
family tribulation, to consider
whether to take legal steps against the parents
and to carry out further social monitoring of such families until their
circumstances
become normal. This is done by all members of the system for
prevention of neglect and juvenile crime, including sub-departments
of the
Ministry of Internal Affairs, educational, health and social protection
institutions, and child-care authorities.
171. In 2001, agencies of the
Ministry of Internal Affairs worked with 289,800 parents (guardians,
foster-parents) who had failed
to fulfil their obligations concerning the
upbringing of children, or fulfilled them improperly. A total of 253,000
negligent parents
were the subject of administrative measures, as against
248,000 in 2000 and 237,800 in 1999).
172. The federal law on
fundamentals of the system for prevention of neglect and juvenile crime gives
officials of closed special
institutions for education and upbringing the right,
in exceptional cases and within the minimum time necessary, to apply measures
of
physical restraint (physical force) to students, provided they are not
degrading. These measures are permitted only for the purpose
of stopping
students from committing socially dangerous acts or acts that are prejudicial to
their lives or health, or of forestalling
any other danger that directly
threatens the lawful interests of other persons or the State. The pupil
concerned must be verbally
informed in advance of an intention to apply measures
of physical restraint (physical force), giving him sufficient time to stop
the
unlawful behaviour. Cases in which any delay in applying these measures creates
an indirect danger to the life or health of
juveniles or any other persons, or
may involve other serious consequences, are exceptions recognized by law.
Officials of the closed
special establishment for education and upbringing must
immediately inform the local branch of the Procurator’s Office when
such
measures have been applied to students.
173. Cruel treatment of children
is the principal cause of juvenile delinquency. More than 43,900 children and
adolescents were notified
of a local or federal inquiry in 2001, 12 % more
than in 2000. A total of 41,200 juveniles (98 % of those notified of an
inquiry)
were the subject of an investigation. Of these, 29,900 had left home
and 12,800 had voluntarily left State institutions.
174. The federal
targeted programme “Prevention of neglect and juvenile crime” has
been implemented since 1997 as part
of the presidential programme
“Children of Russia”. Under this programme, methods for the social
rehabilitation of vagrant
children, most of whom have been victims of various
forms of abuse, are being developed, support is being given for the development
of a network of specialized institutions for juveniles in need of social
rehabilitation, and the material and technological foundation
of these
institutions is being strengthened.
175. In accordance with Government
resolution No. 154 on additional measures for greater prevention of vagrancy and
neglect of children
of 13 March 2002, an interdepartmental operational unit has
been set up to coordinate the work of federal executive agencies aimed
at
combating vagrancy, homelessness and crime among juveniles. In the eight months
during which the unit has been operating, agencies
of the Ministry of Internal
Affairs detained 406,000 vagrant and homeless juveniles, of which 327,000 were
handed over to their parents,
the remainder being sent to various
children’s establishments.
176. The federal law on the
Procurator’s Office of the Russian Federation bestows on procurators broad
powers aimed at protecting
the rights and freedoms of juveniles, including
powers in the areas of criminal court procedure and enforcement of punishment.
The
Procurator’s Office verifies that juvenile law is being carried out
and that the rights and freedoms of children are being
respected by federal and
regional executive bodies, representative bodies (legal representative bodies)
of members of the Russian
Federation, local organs of self-government,
management and monitoring bodies and their officials, and directors of
commercial and
non-commercial enterprises.
177. Effective measures
enabling procurators to react to declared cases of illegal acts relating to
children were adopted in 2001.
Procurators lodged 11,492 applications, issued
20,740 reports and brought 25,420 court actions concerning violation of the
rights
of juveniles, the figures for 2000 being 9,876, 18,342 and 23,392
respectively. As a result of procurators’ reports on violations
of
juveniles’ rights and freedoms, 536 criminal cases were brought,
6,235 persons were punished under administrative law, 5,048
persons were
convicted of disciplinary offences and 192 of material offences. These figures
were substantially higher than those
for 2000. Of 12,508 illegal infringements
of children’s rights, 10,601 were cancelled or amended as a result of
procurators’
protests.
178. The keeping of juveniles in educational
colonies is being more broadly monitored by bodies of local self-government and
public
agencies. The federal law on basic guarantees of the rights of the child
in the Russian Federation stipulates that public associations
(organizations)
and other non-commercial organizations, including international associations
(organizations), through their branches
in the Russian Federation, shall carry
out their activities to protect the rights of children in a difficult situation
in accordance
with the generally accepted standards and principles of
international law, Russia’s international agreements, the laws of the
Russian Federation and the laws of its members. These associations
(organizations) have the right to challenge in court any illegal
act that
infringes or violates the rights of children in a difficult situation committed
by officers of organs of State power and
institutions, organizations, citizens
including parents (persons in loco parentis), educational, health and
social workers and other specialists in working with children. Experience in
applying this type of law
is beginning to take shape.
179. In order to
help the administration of an educational colony to organize the education and
upbringing process and strengthen
the material and technical base, the
educational colony convenes a care council made up of representatives of State
enterprises,
institutions, organizations, public associations and citizens when
resolving issues relating to the social protection of offenders
and to labour
and domestic arrangements for those being released. The organization and work
of the care council is governed by a
model regulation approved by the
Government.
180. Parental committees consisting of parents, persons in
loco parentis, and other close relatives are set up in educational colonies
to enhance the impact of educational work on offenders and assist
administrations
of educational colonies. The work of parental committees is
governed by regulations drawn up by the director of the educational
colony.
181. A network of specialized institutions for juveniles from 3 to 18
years of age who are in a difficult situation and in need of
social
rehabilitation has been set up within the system for social protection of the
population in Russia: it consists of social
and rehabilitation centres, social
shelters and help centres for children left without parental care.
182. An important feature of the work of specialized rehabilitation
centres is the innovative nature of approaches to the accommodation
of the
child. By law, children who consider that they are in a difficult situation,
including those who have suffered abuse, are
entitled to go to these centres
alone, without obtaining the permission of, or being accompanied by, an adult,
without being sent
officially and without any references.
183. At the end
of 2002, Russia had 1,162 specialized institutions for juveniles needing social
rehabilitation (social and rehabilitation
centres, children’s social
shelters and help centres for children left without parental care), 865
out-patient units for juveniles
and 1,433 units for the prevention of neglect in
other establishments providing social services to the family and children. A
total
of 3.8 million juveniles were socially rehabilitated and received other
social services, compared with 3.6 million in 2001. There
are about 850 centres
for psychological, educational and medico-social assistance to children in the
educational system that work
to prevent social and educational maladjustment
among children.
VII. BASIC HEALTH AND WELFARE
A. Disabled children (art. 23)
184. Provision for
mentally and physically impaired children, including disabled children, is
regulated by legislative standards
(see art. 232 of the second periodic
report).
185. Since 1999 the term “disabled child” has been
applied to children up to 18 years of age. The concept “causes
of
disability”, which include illness, injury, industrial injury and
vocational illness, has been introduced since 2000. The
concept “disabled
since childhood” was introduced for persons over the age of 18 with severe
consequences of an illness
or injury arising during the first 18 years of life.
Federal law No. 123-F3 of 8 August 2001 on amendments and additions to articles
15 and 16 of the federal law on social protection of the disabled in the Russian
Federation guarantees to disabled persons, including
disabled children, the
creation of conditions for unfettered access to all parts of the engineering,
transport and social infrastructure,
and also sets out provisions governing
administrative liability for failing to meet the requirements for creating those
conditions.
186. At the beginning of 2002, 658,100 disabled children
under the age of 18 receiving a disability pension were registered with social
protection agencies in Russia, or 17,300 fewer than at the beginning of 2000
(675,400). The reduction in the number of registered
disabled children was due
to children no longer being registered as disabled following rehabilitation
measures, and to better quality
in the work of medico-social appraisal
establishments.
187. The largest age-group of disabled children is
10-14 years of age (43 %), followed by children of 15 and above
(28 %), children
4-7 years of age (17 %) and birth to 3 years
(12 %).
188. The principal illnesses leading to disability among
children are diseases of the nervous system (20.8 %, of which the majority
(55.9 %) are children suffering from cerebral palsy and other types of
paralysis), psychological and behavioural disorders (20.3
%, of which
almost three-quarters, or 72.1 %, are mentally backward) and congenital
defects (18.1 %, a quarter of which, or 25.6
%, are blood-circulation
defects).
189. Solution of the most important interdepartmental problems
of the disabled, including disabled children, is envisaged in the federal
targeted programme “Social support for disabled persons in
2000-2005”. As part of the implementation of the federal
comprehensive
programme “Social support for the disabled” in 1995-1999, a new
concept of medico-social assessment was
worked out and consolidated, new
criteria for defining disability were introduced, requirements for the structure
and methodology
of expert diagnosis were identified, etc. The fundamentals of
the rehabilitation industry, covering more than 200 establishments
producing the
technological means for rehabilitation of the disabled, were established. The
bases were developed for the system
of providing access for the disabled to
buildings, installations, transport, communications and information facilities,
and other
parts of the social infrastructure.
190. During the period
under review, services for the prevention of disability from infancy, including
perinatal and medico-genetic
diagnosis, were further developed and improved. In
2000 a unified procedure for using perinatal diagnosis methods at critical times
in pregnancy was established and the approach to be used by obstetric
gynaecologists and medical geneticists when foetal abnormalities
are detected
was determined, enabling more efficient work to be done on the earlier detection
and prevention of the birth of children
with serious hereditary and congenital
diseases. Ultrasound equipment is available in 91 % of maternity
homes.
191. An effective tool for achieving the above-mentioned aim was
the development of new specialized establishments: rehabilitation
centres for
children and adolescents with limited capabilities. Rehabilitation centres are
being established for children being
brought up in a family; by the end of 2000
their number in the social protection system had risen to 195 and 194
rehabilitation units
had been set up in them. In addition, a further 233
rehabilitation units are in operation in centres providing social services to
the family and children and other similar institutions. More than 200 centres
are in operation in the public health system.
192. The majority of
disabled children are brought up in a family, only 5 % being in boarding
institutions. In 2001 there were 155
boarding homes with 32,900 places,
accommodating 29,000 disabled children. In the educational system, about 50,000
disabled children
live and are taught in 1,421 boarding schools for children
with limited capabilities.
193. During the period under review, more
intensive work was undertaken on reforming boarding homes for disabled children
in the social
protection system. It was directed at the creation for disabled
children living in these boarding homes of living conditions corresponding
to
their age and state of health, and to caring for them through individual
medico-social and socio-labour rehabilitation programmes,
with a view to
restoring or compensating for their lost or impaired capability for everyday,
social and professional activity and
their possible integration into
society.
194. The number of specialized schools for children with mental
and physical defects (blind and poorly sighted children, children
with impaired
hearing, children suffering the effects of poliomyelitis and cerebral palsy,
children with arrested psychological development)
rose to 1,959, and 274,600
were being taught in them.
195. A draft interdepartmental Concept for the
rehabilitation of disabled children has been prepared. It is intended to serve
as a
basis for a national policy of preventing child disability and of the
comprehensive medical, social and psycho-pedagogical rehabilitation
of disabled
children.
196. Measures for resolving the problems of children with
limited capabilities were included in the National Action Plans in the interests
of children and the federal targeted programme “Disabled children”,
which has been implemented since 1993.
197. The draft Fundamental
directions of State social policy to improve the quality of life of children in
the Russian Federation
up to 2010 (National Action Plan in the interests of
children) contains the following provisions in the sphere of socialization of
children with limited health capabilities: ensuring non-institutional care for
disabled children and an individual approach to the
implementation of
comprehensive programmes for their rehabilitation and social reintegration;
establishment of an interdepartmental
system for early detection of
children’s developmental defects and for timely special assistance to
disabled children and their
correction, adjustment and rehabilitation; creation
of a unified system for the registration of disabled children, the disabled from
infancy and children and adolescents with limited health capabilities,
irrespective of the type of care provided; introduction of
a system of
comprehensive dynamic psychological, educational and medico-social support for
the individual development of children
with limited health capabilities;
development of a system of post-boarding adjustment for children with limited
health capabilities,
their preparation for family life and the establishment of
equal conditions for them in seeking employment.
B. Health and health services (art.24)
198. Matters relating to health care for children, the implementation of
their rights to use the services of the health-care system
and treatment and
convalescent facilities, and ensuring that every child has access to such
services are covered in paragraphs 103,
109-113 and 232-246 of the second
periodic report.
199. Purposeful measures to ensure the health of mother
and child are carried out in accordance with the structural reform of public
health in the Concept for the development of public health and medical science
in the Russian Federation for 1997-2000, 2000-2004
and for the period to 2010,
and the Concept for protection of the reproductive health of the population of
Russia for the period
2000-2004. They are directed at the rationalization and
restructuring of outpatient polyclinic and in-patient care, the introduction
of
technology to replace in-patient care and of quantity standards for medical
treatment of children and women (introduced since
1998), increasing the scale of
treatment in day-care centres, ensuring stage-by-stage medical treatment for the
population, enhancing
prophylactic work and increasing the amount of outpatient
polyclinic care.
200. In accordance with the Convention on the Rights of
the Child, work has been completed on the transfer of children up to the age
of
18 for treatment in the paediatric network. A system of continuous monitoring
of the health of children at all stages of development
has been fully introduced
in 87 members of the Russian Federation. The standards for narrowly specialized
doctors in outpatient
polyclinics have been reviewed, and medico-social
assistance units (surgeries) and units providing medical assistance to
adolescents
in educational establishments have been established. Modern
institutions working with children and adolescents have been set up:
youth
centres for consultation and diagnosis, child and adolescent health centres,
adolescents’ reproductive health centres,
psychological centres,
vocational guidance and other centres. Through the efforts of the paediatric
service, work has begun to institute
medical preparation of young people for
military service. A problem of current importance is the training of
paediatricians in the
physiology and pathology of young people and their medical
preparation for military service and vocational-guidance matters.
201. Between 1997 and 2001 neonatal mortality fell from 17.2 to 14.6 per
thousand live births. The neonatal mortality rate for the
first 10 months of
2002 was 13.7 per thousand. Perinatal mortality fell from 15.83 to 12.80 per
thousand live and still births.
Mortality of children aged 0-4 between 1997 and
2001 declined from 21.1 to 18.4 per thousand neonates born in the same year.
Hospital
mortality rates of neonates, babies in the first year of life and
children aged 0-14 continue to fall (see also paras. 104-317 of
the second
periodic report).
202. The availability of medical care, including basic
health care, is ensured by an extensive network of general medical
establishments,
including rural facilities. The federal targeted programme
“Social development in rural areas to 2010”, approved by
Government
resolution No. 858 of 3 December 2002, made provision for a strengthening of
basic rural health care provided by specialist
general (family) practitioners;
the reorientation of existing hospitals to the provision of medico-social care
and the development
of general (family) practice centres and units; review of
the structure and operational standards of rural medical establishments;
improvement of advisory services, diagnosis and treatment through the
introduction of external forms of medical care for rural inhabitants,
including
children.
203. Preventive vaccination continued to be an important area
of activity during the period under review. Federal law No. 157-F3
on
prevention of infectious diseases through vaccination was passed on 17 September
1998, the federal targeted programme “Preventive
immunization” is
being implemented, and the national inoculation schedule and the schedule of
preventive immunization according
to epidemic indicators were reviewed in 2001.
Vaccination of children against viral hepatitis and German measles started in
2000.
Revaccination of children aged 6 and immunization of girls aged 13
against German measles were included in the national inoculation
schedule in
2001. Pre-school revaccination of children against mumps was introduced in
1997. The first results of introducing revaccination
were obtained in 1999,
when the infection rate for mumps fell by 50 % compared with the previous
year to 153.9 cases per 100,000
children (45.9 in 2001). The year 2001 saw the
lowest infection rate for this disease ever recorded: 3.2 cases per 100,000
children
(811 cases), against 5.4 cases in 1997. There is no longer an epidemic
of diphtheria, with the morbidity rate falling by a factor
of 5.4 times compared
with 1997. No cases of poliomyelitis caused by the “wild” virus
have been recorded since 1997.
Documents certifying the Russian Federation as a
polio-free country were submitted to and accepted by the European Regional
Certification
Commission in 2001. The National Action Plans for the laboratory
isolation of “wild” polio viruses and in case of the
importation of
the “wild” polio virus are being implemented. A draft National
Programme for the elimination of measles
by 2010 has been prepared. Russia has
been included in the measles elimination programme of the WHO Regional
Bureau.
204. The planned restructuring of the network of children’s
medical establishments took place during the period under review,
with priority
being given to outpatient polyclinic services. General medical services for
children are available at 7,900 children’s
polyclinics and surgeries. The
number of independent children’s consultation and diagnostic centres rose
to 16, while that
of children’s hospitals fell from 459 in 1997 to 433 in
2001. The number of in-patient beds for children declined from 250,100
to
229,100. The reduction in the number of children’s hospitals and
paediatric beds did not affect the availability of in-patient
care for children.
In fact, the number of hospitalizations (admissions) per thousand children rose,
from 183 in 1997 to 225 in 2001.
The number of beds available per 10,000
children even increased to 95.2, against 87.3 in 1997. Day hospitals of all
types rose
from 224 in 1997 to 423 in 2001, but this constitutes only 3.1 %
of all children’s beds. The number of beds in children’s
sanatoria
rose to 73,600, against 69,600 in 1997, representing availability of 29.8 per
10,000 children, compared with 23.8 in 1997.
There were 29.0 paediatricians per
10,000 children under 15, against 25.3 in 1997.
205. Children’s
hospitals are providing highly informative services (biochemical and
bacteriological diagnoses, endoscopy, ultrasound
diagnosis etc.), and
consultation and diagnosis polyclinics, remote-diagnosis surgeries,
data-analysis centres etc. are being set
up. In recent years the telemedical
network has been actively expanded in national, regional and municipal
health-care establishments,
increasing opportunities for consultation and
diagnosis and helping to improve the quality of medical care for
children.
206. The official statistics show an increase in pathology
among neonates and more widespread chronic illness in all groups. The
total
number of illnesses per thousand children registered on first diagnosis is
growing, and reached 1,499 in 2001, against 1,244
in 1997. The All-Russian
Dispensary for Children up to 18 Years of Age took place in Russia in 2002: its
main tasks were to detect
variations in children’s health, to work out and
carry out measures aimed at shaping, maintaining and strengthening
children’s
health, prophylaxis and reducing morbidity and child
disability. The results achieved will form the basis for planning the
development
of the material and technical base of health-care institutions, and
for funding prophylactic, curative, rehabilitation and sanitary
work.
207. Much attention has been devoted in recent years to preventing
illnesses caused by deficiency of iron and other micronutrients.
Many studies
have confirmed widespread deficiency in micronutrients – vitamins, macro-
and trace elements, especially iodine
- among the majority of children. The
incidence of endemic goitre among children and adolescents is 15–25 %
in central Russia
and up to 40 % in other areas. With a view to preventing
morbidity due to iodine and micronutrients deficiency, a Government resolution
was issued in 2000 and procedures for national statistical reporting, national
standards for salt and methods of monitoring the iodine
content of salt have
been laid down. A centre for the prevention of iodine-deficiency illnesses has
been set up.
208. Diseases caused by malnutrition as such are not
widespread and are associated with the social and economic situation of
particular
families. The proportion of babies weighing less than 2.5 kg at
birth in the period 19997-2001 was virtually unchanged at 6.3-6.5
% of the
total number of births. Government resolution No. 1005 of 13 August 1997 laid
down the procedure for providing babies in
the first two years of life with
special dairy products. A Concept of State policy for a healthy diet was
approved. The federal
law on the quality and safety of food, adopted in 2000,
strengthened national regulatory measures to ensure the quality and safety
of
foodstuffs and edible material and products, and established special
requirements to ensure the quality and safety of children’s
food. A
medical system of criteria for food inadequacy, broken down by level of danger
to health, has been developed, and methods
of assessing poor nutrition so as to
obtain objective information on the health and eating habits of various
population groups, including
children, have been worked out.
209. As in
the past, breastfeeding remains uncommon. Nationwide, an average of 42 %
of babies aged between 3 and 6 months are breastfed
in Russia. A programme to
make medical workers in children’s establishments and maternity homes more
aware of breastfeeding
has been developed by the Scientific and Practical Centre
to Publicize, Encourage and Support Breastfeeding. The Child-Friendly
Hospital
initiative, which is being implemented in Russia with UNICEF support, is
becoming increasingly widespread. In the period
1996-2002, 99 maternity
units in 27 regions were awarded this title.
210. Morbidity of children
due to tuberculosis remains at high. Morbidity from active tuberculosis on
first diagnosis rose by 27.4
% in 2001 compared with 1997. To resolve this
problem, funding of anti-tuberculosis measures was increased and full medication
was
made available to tuberculosis patients. The federal targeted programme
“Urgent measures to combat tuberculosis in Russia”
is being
implemented for the period 2002-2006. The federal law on preventing the spread
of tuberculosis in Russia and the corresponding
Government resolution were
adopted in 2001.
211. Morbidity of children from sexually transmitted
diseases such as syphilis and gonorrhoea is steadily declining. This has been
helped by the opening of medico-social assistance units (surgeries) in
children’s outpatient polyclinics and the introduction
of new forms of
working with adolescents involving psychologists, dermatologists, teachers and
parents. The implementation in 2002-2006
of the federal targeted law on
measures to prevent the further spread of sexually transmitted diseases in
Russia will help to achieve
a further decline.
212. State guarantees and
the rights of pregnant women are set out in the Fundamentals of State
legislation on health care and the
Labour Code No. 197-F3 of 30 December 2001.
Federal law No.165-F3 of 16 July 1999 on fundamentals of compulsory social
insurance
provides for allowances for pregnancy and childbirth, child care,
temporary absence from work, and other allowances. Under federal
law No. 181-F3
of 28 December 2001 on amendments to the federal law on State allowances for
citizens with children, the level of
allowances for child-care leave was
substantially increased (by a factor of 2.5). As well as retaining earlier
guarantees for mother
and child, the Labour Code No. 197-F3 of 30 December 2001
intensified measures to protect pregnant women against dismissal and abolished
the probationary period for their recruitment. The health rules and standards
“Hygienic requirements for women’s working
conditions” are
being reviewed from the standpoint of employees’ reproductive health care
in the light of the Schedule
of heavy work and work involving harmful and
dangerous working conditions, approved by resolutions Nos.162 and 163 of 25
February
2000, which prohibits women and persons under the age of 18 from being
given such work. Measures are being developed in the Action
Plan for
implementation of the Programme for the social and economic development of the
Russian Federation in the medium term (2000-2004)
for the improvement of working
conditions and labour protection, development of the mechanism of compulsory
social insurance, and
timely provision to workers of information on the risk of
damaging reproductive health and potential injury to descendants from harmful
and heavy work.
213. The development and restructuring of maternity and
gynaecological establishments continued apace in the years under review.
The
number of independent maternity homes fell as a result of a reduction in the
number of small maternity homes. There are more
than 80 perinatal centres,
of which 23 are independent. Highly qualified senior staff work at these
establishments, which deal with
problems of intensive care, preparation for
birth and choice of method, resuscitation, intensive care of newborns and
phase-2 nursing
of premature babies. The number of family planning and
reproduction centres rose by 1.7 %, from 266 in 1997 to 451 in 2001. A
total
of 32 establishments have independent legal status. More than 30 in
vitro fertilization centres equipped for the application of new auxiliary
reproductive technology have been set up.
214. The trend in maternal
mortality has been downwards: in 2001 it was 36.5 per 100,000 live births,
against 50.2 in 1997. The principal
causes of maternal mortality continue to be
abortions (21 %), pregnancy toxicoses (17.7) and haemorrhages
(16.5 %). In 2001, for
the first time in the past 10 years, there was a
reduction in the incidence of all the main complications of pregnancy: anaemia
by
2.7 %, circulatory disease by 3.9 %, and late toxicoses by
4.7 %. Implementation of the federal targeted programme “Safe
Motherhood”
helped to overcome the negative trends in maternal mortality
rates.
215. Work on problems of reproductive health and the establishment
of a stable model for a healthy lifestyle continued in the period
under review.
Video films, brochures, booklets and posters on problems of reproductive health
and ensuring safe maternity were sent
to the regions. The number of abortions
continues to fall: in the period 1997-2001 it declined by more than 20 %.
The abortion
rate per 100 births was 198 in 1997, 154 in 2001, the corresponding
figures per 1,000 women of child-bearing age (15-49) being 65
and 52
respectively. Currently, 25.2 % of women of child-bearing age use modern
means of contraception. Centralized purchasing
of effective means of
contraception took place in 36 regions of Russia in 2001. The number of
women using hormonal contraception
methods has increased, while the use of
intra-uterine coils has declined. Sterilization of women using endoscopic
equipment has
been introduced but is still insufficiently popular in
Russia.
216. Prevention of pregnancy among children and adolescents is
now an extremely important problem. Sociological surveys carried out
in Russia
show that about 50 % of adolescents have experienced sexual relations and
that sex life begins on average at the age of
16. First pregnancies are
terminated by abortion in 92.5 % among girls aged under 15 and in
55.5 % in the 15-19 age group. No more
than 17-18 % of adolescents
who terminate a pregnancy by artificial abortion were given advice on
contraception before the start
of their sexual life: 45-55 % had not used a
contraceptive, no more than 3.5 % had used hormonal contraceptives, and
about 45 % had
used ineffective methods. Child and adolescent
gynaecological units have been established in hospitals to work with children
and
adolescents, and medico-pedagogical schools, telephone helplines and crisis
centres have been set up. The Russian Association of
Youth Gynaecologists has
been established.
217. Currently, one of the most acute and alarming
problems is the spread of HIV/AIDS. A total of 220,000 persons are now
registered
as HIV-positive in Russia, 4,743 of them children. In the first 11
months of 2002, 42,797 new cases of infection were recorded –
1.5 times
less than in the corresponding period of 2001. More than 90 % of those
found to be infected in 2001-2002 were drug users,
and 70 % were aged
between 17 and 25. Women accounted for 23 % of infected persons, and of
these the proportion of women of child-bearing
age rose. HIV-positive women
gave birth to 3,552 children, of which 1,951 were born in the first 11 months of
2002 alone. A total
of 775 persons, 183 of whom were children, were suffering
from AIDS and 576,122 of them children, died from the disease.
218. Work
on preventing the spread of HIV/AIDS was intensified at both the federal and the
regional levels. On 30 May 2002 the Council
of Heads of Government of Member
States of the Commonwealth of Independent States (CIS) signed the Programme of
urgent measures by
member States of CIS to combat the HIV/AIDS epidemic.
Funding of the federal targeted programme “Anti-HIV/AIDS” has
been
substantially increased: 123 million roubles were allocated to its
implementation in 2001 and 162 million roubles in 2002, or
3-4 times more than
in previous years. This has made it possible to provide highly effective
medicines for treatment of infection
with HIV and medication to prevent
transmission of HIV in childbirth and to newborn babies (about 80 % of
pregnant women are covered
by perinatal prophylaxis) to hospitals, and modern
laboratory equipment to centres for the prevention and treatment of AIDS. In
order to ensure the safety of blood donations, donors have been screened since
2001 to detect both HIV antigens and HIV antibodies.
This makes it possible to
reduce the time during which infection may remain hidden from 2-3 months to 7-10
days. Regional anti-HIV
programmes are being carried out in 63 regions of
Russia, and pilot projects to prevent infection with HIV in prostitutes are
being
implemented in 18 members of the Russian Federation. A new form of
working with adolescents, youth-friendly clinics, has been developed.
Programmes
to prevent HIV infection among drug users injecting themselves (“Reducing
the damage”) are being implemented
in 41 members of the Russian
Federation, with the support of international organizations and local
authorities.
219. In 2000, the Scientific and Practical Centre to Assist
HIV-Positive Pregnant Women and Children was founded in St. Petersburg,
and
specialized maternity hospitals for HIV-positive women were established. Issues
relating to the prevention, diagnosis and treatment
of HIV/AIDS were included in
training and advanced training programmes for obstetric gynaecologists,
paediatricians and mid-level
medical workers, including midwives.
C. Social security and child-care services and facilities (art. 26 and art.18, para. 3)
220. The basic standards guaranteeing social security for children and
families with children in the Russian Federation, as described
in paragraphs
272-279 of the second periodic report, are being maintained. Social security
based on meeting the interests of the
child to the maximum extent possible and
on the financial possibilities of the State was further expanded in the period
under review.
221. The reform of pensions substantially improved pensions
for categories that have poor social protection - disabled children and
children
who have lost both parents. Under the pension reform, a decision of principle
was adopted substantially to increase social
pensions for disabled children and
children who have lost both parents in relation to work pensions (in contrast to
the earlier premise
that social pensions should not be higher than work
pensions).
222. As a result of the entry into force on 1 January 2002 of
new federal pension laws on State pensions in the Russian Federation
and on work
pensions in the Russian Federation, which are aimed at further raising the real
standard of living of pensioners, the
pensions of disabled children, children
who have lost both parents and the disabled from childhood were increased by an
average of
70 %.
223. The average social pension in November 2002
amounted to 1,028 roubles. Disabled children and children who have lost both
parents
received 1,044.76 roubles on average, representing 75 % of a
pensioner’s minimum living wage.
224. Because of price rises, it
is intended in the future to continue regular indexation of pensions, including
social pensions, the
amount of which depends on the basic work
pension.
225. Certain changes were made to the system of allowances for
persons with children during the period under review. The most important
ones
were:
- The transfer in 1998 of designation and payment of the monthly child allowance from enterprises at the parents’ place of work to social protection bodies at the family’s place of residence, enabling the State to monitor expenditure specifically for pensions;
- The introduction in 1999 of linkage in the payment of the monthly child allowance, the criterion for such linkage being the family’s average income per person, not exceeding the minimum living wage. At the same time, the higher allowances for incomplete families were maintained;
- The introduction on 1 January 2001 of federal funding of the payment of
the monthly child allowance.
These measures have made it possible to
ensure the regular payment of allowances to the socially most vulnerable
families with children,
and substantially to reduce pension
arrears.
226. At the regional level, children’s allowances for
parents on the birth of a child, payable from the resources of members
of the
Russian Federation, are also being introduced, and this constitutes a
substantial supplement to federal guarantees in support
of the families with
children.
227. One of the most significant and effective features of the
policy being pursued in the interests of the child is the activity
of the
person-oriented and ramified system of establishments providing social services
to the family and children, which was actively
developed during the period under
review. The basic purpose of this system is to prevent family tribulation, to
provide targeted
assistance to families and children in crisis situations and to
help children with aberrant behaviour, disabled children and orphans
in their
social rehabilitation and integration into the family and
society.
228. The following children’s establishments and
child-care institutions operate in the social security system: centres for
social assistance to families and children, psychological and educational
assistance centres, telephone centres for emergency psychological
assistance,
juveniles’ social rehabilitation centres, children’s and
adolescents’ social shelters, help centres
for children left without
parental care, rehabilitation centres for children and adolescents with limited
health possibilities, units
working with children in social security centres,
comprehensive social security centres, men’s crisis centres, women’s
crisis centres and other establishments providing social services to families
and children. At the end of 2002 there were 3,080
such establishments in all
members of the Russian Federation, compared with 2,048 in 1997. The number of
families and children being
helped by them is increasing every year, testifying
to the level of demand for such assistance among the
population.
229. During the period under review, the number of citizens
helped by establishments providing social services to families and children
doubled to 8.7 million in 2001, of which 3.8 million were children (the
corresponding figures in 1997 being 4.2 million and 2.6 million
respectively),
including 322,800 families with children having limited health possibilities,
1,356,100 low-income families, 703,500
single-parent families, 409,900 large
families and 13,300 families of refugees and displaced persons. These figures
show the priority
attention being given to this sector of social security for
children from the socially most vulnerable families.
230. These
establishments provide services at the place of residence of families and
children, making them accessible to the population.
More than 59 million
different forms of social services were provided to families and children in
2002, including socio-educational,
socio-medical, consumer, socio-economic,
socio-psychological and socio-legal services. A feature of recent years has
been the growth,
by 1.4-1.5 times, in the number of socio-educational and
socio-legal services, which is evidence of the qualitative changes in the
system
and the needs of citizens with children.
231. Another type of social
security is direct social assistance to families, including those with children,
and persons living alone
in accordance with the federal law of 1999 on State
social assistance. The criterion for its application is that per capita incomes
are below the regional subsistence level. State social assistance takes the
form of cash payments: social allowances (a specific
amount of money made
available without charge), grants (with the specific purpose of paying for
material goods and services rendered)
and compensation payments (reimbursement
to citizens of expenditure specified by law), and assistance in kind (fuel,
foodstuffs,
clothing, footwear, medicines). Social assistance may be provided
for a specific period of time or as a one-off payment. Federal
laws regulate
only the main types of social assistance and the conditions under which it is
provided; in practice it is rendered
in various forms at the level of members of
the Russian Federation from regional budgetary resources. This leads to unequal
access
of poor families with children to social assistance resources, depending
on the budgetary means of the region concerned. In members
of the Russian
Federation in which programmes of social assistance are actively pursued,
families and children, principally large
and single-parent families, are the
main recipient group.
232. Special income-support measures for large
families and families with disabled children (concessionary rates for municipal
services,
free school meals for children, provision of medicines to children at
concessionary rates and free of charge) continue to be implemented.
Social
protection measures for children living in radiation disaster areas (special
payments, free food or reimbursement for food)
are provided for in legislation
and implemented in full.
233. One of the tasks currently being carried
out in Russia is housing and municipal reform. It affects, in particular, the
system
of payments for housing and municipal services and implies the gradual
introduction of full payment for these services directly by
citizens. In this
connection, grants for the payment of housing and municipal services have been
introduced, to ensure the social
protection of low-income families (Government
resolution No. 887 of 2 August 1999 on improvement of the system of payment
for housing
and municipal services and social protection
measures).
234. Great importance is attached to ensuring that families
continue to have access to children’s pre-school establishments.
The cap
on parents’ kindergarten fees instituted in 1992 is in force, as are free
maintenance of children (disabled children)
and lower fees for kindergarten
attendance by children from large families. Additional measures to regulate
payment of kindergarten
fees are being taken at the regional and municipal
levels, as a result of which additional concessionary rates are being
introduced.
Annual reports over recent years have shown that increases in fees
for children’s pre-school establishments have consistently
lagged behind
general price inflation. As a result, coverage of children aged 1-6 by
children’s pre-school establishments
rose from 54 % in 1997 to
57 % in 2001, in both urban and rural areas. The task now is not only to
ensure that families with children
continue to have access to this kind of
service but also to improve the quality of children’s maintenance in
pre-school establishments,
including food, ensure the availability of qualified
senior staff, improve health care and ensure the all-round development of the
child.
235. Another important type of social support for families with
children is the provision of organized children’s summer recreational
facilities at prices that the family can afford. The allocation of resources
for this purpose from the federal and regional budgets
and from social insurance
funds is increasing every year. At the same time, the proportion of
parents’ resources does not
exceed 5 % of total expenditure on the
drive to improve children’s health. Children requiring special State care
are generally
sent free of charge to children’s health-care
establishments.
D. Standard of living (art. 27, paras. 1-3)
236. In accordance with article 27 of the Convention, the Russian
Federation recognizes the right of every child to a standard of
living adequate
for the child’s physical, mental, spiritual, moral and social development.
See also paragraphs 171-175, 232-246,
272-280, 285-286 and 293-294 of the second
periodic report.
237. Statistics on average per capita money income and
expenditure, subsistence level, the composition of the money income and
expenditure
of families with children, food consumption of households with
children and other indicators are used to assess the living standard
of the
population, including families with children.
238. Federal law
No. 134-F3 of 24 October 1997 on the subsistence level in the Russian Federation
established a qualitatively new
basis for determining the overall subsistence
level in the Russian Federation and for taking it into account in determining
State
guarantees for citizens to receive minimum money incomes and in
implementing other social protection measures. The subsistence level
is
determined on the basis of a consumption basket for the principal
socio-demographic groups of the population – the population
of working
age, pensioners and children – at both the federal and the regional
levels. The overall subsistence level for the
Russian Federation, including
that of children, is approved by the Government quarterly.
239. The
overall consumption basket for the Russian Federation is set by federal law not
less than once every five years. Under federal
law No. 201F-3 of 20 November
1999 on the consumption basket it is determined for the principal
socio-demographic groups of the population,
including children, in natural
indicators and includes minimum sets of foodstuffs, non-food products (clothing,
footwear, domestic,
cultural and economic goods, essential and sanitary items,
medicines, school writing equipment, etc.) and services (payments for
housing,
communal and transport services, etc.).
240. Government resolution No.
192 of 17 February 1999 approved the Methodological recommendations for
determining the consumption
basket for the principal socio-demographic groups
for the Russian Federation as a whole and for its members. These
recommendations
set out the principles of and procedure for the constitution of
the minimum set of foodstuffs, non-food products and services essential
to
maintain the health of the individual and ensure his vital activity, taking into
account natural and climatic factors, particularities
of food production, ethnic
traditions and local eating habits, and the food situation in low-income
families.
241. As in the past, families with children constitute the
largest group of poor families. In total, at the end of 2002 an estimated
55 % of children were being raised in families with per capita incomes
below the regional subsistence level.
242. During the period under review
income-support for families with children was provided in the following
principal ways:
(1) gradual increase in wage levels, including increases
in the minimum wage and the wages of workers in budget organizations (indexation
of wages of workers in the budgetary sphere by a factor of 1.5 from 1 April 1999
and 1.2 from 1 April 2000, indexation of the tariff
constituent of the wage fund
by an average factor of 1.89 in 2002);
(2) indexation of grants,
pensions and allowances, including those for families with children (average
increase of all allowances
by 20 % from 1 January 2001, increase of
allowances on the birth of a child by a factor of 2.5-3 from 1 January 2002);
and
(3) intensification of direct social support for those in need.
243. One of the main development goals of the Russian Federation is to
overcome poverty and increase prosperity. The top priority
set out in the
programme of social and economic development of the Russian Federation in the
medium term (2002-2004) is to overcome
the post-crisis drop in the standard of
living, reduce poverty and end income divergences by increasing the extent to
which social
support is provided directly, encouraging the growth of wages and
ensuring an effective level of employment of the able-bodied population.
An
area of State responsibility continues to be State social assistance to
low-income families, which will gradually replace the
current system of
concessions and compensatory payments, which is socially unjustified. As a
result of the measures being taken,
it is planned by 2005 to secure growth in
real money incomes to 1.4-1.5 times the level of 2002 and an increase in real
available
money incomes to 1.3-1.4 times that level, including an increase to
1.9-2.1 times for the less well off social strata, and to reduce
the level
of overall poverty in Russia to 24.2-22.3 % of the total population.
VIII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance (art. 28)
244. The Russian Federation,
recognizing the right of the child to education, is developing the legislative
base and bringing it into
line with the standards of international law. Matters
relating to education, including vocational training and guidance, are reflected
in the existing Russian legislation in the Constitution, federal laws on
education, higher and postgraduate vocational training, compensatory payments
for pupils’ food in State and
municipal general-education establishments
providing basic and secondary vocational training, the RSFSR Labour Code, and in
model
regulations for educational establishments (general education, basic and
secondary vocational training, evening (shift system) general
education,
pre-school, children’s special and additional education). See also
paragraphs 38, 74-78, 90-99,120-125, 156-161,
194-195, 232-245 and 296 of the
second periodic report.
245. The federal law on approval of the federal
programme for the development of education, the national policy for education in
the
Russian Federation and the Action Plan of the Government of the Russian
Federation in the sphere of social policy and modernization
of the economy
designate educational modernization as one of the most important priorities,
with the aim of creating the conditions
for citizens to exercise their rights to
education having a structure and quality that correspond to the requirements of
the economy
and civic society.
246. Russian citizens are guaranteed
general access to education free of charge, irrespective of race, ethnic origin,
language, sex,
age, health, social, property and official status, social origin,
place of residence, attitude to religion, beliefs, party allegiance
or criminal
record. All citizens have the right to education in their national language
(for details, see para. 299 of the second
report).
247. Under the
legislation of the Russian Federation, basic general education is compulsory.
This requirement applies up to attainment
of the age of 15.
248. During
the period under review the educational system in Russia continued to be
recognized as one of the largest in the world.
Progressive structural and
functional changes took place in a number of areas:
(1) The Russian
educational system was the subject of some of the most progressive laws in the
world, establishing widespread independence
of educational establishments,
particularly vocational training institutions, and broad academic freedoms in
the implementation of
educational curricula, with State mechanisms for
monitoring the quality of education.
(2) Specific advances have been
made towards the humanization of education and the personal treatment of
students and teachers, particularly
in the pre-school educational
system.
(3) Variety has become a feature of general education: the
number of new types of educational establishment – grammar schools,
lycées and colleges - is rising steadily. This choice in education is
one of the signs of its humanization. Every educational
establishment can, if
it maintains educational standards, introduce inventive study programmes,
methods and technologies, as well
as new subjects and special courses that take
account of requests from students and their parents, using optional, individual
and
group study periods.
(4) There have been qualitative changes in
the content of general education. Up to 25 % of the curriculum is set
aside for subjects
based on regional and school elements that take account of
the cultural and ethnic environment and the interests and requirements
of a
specific group of children. The content of general education has been
substantially broadened in the areas of social, environmental
and civic studies
and the fundamentals of safety in vital activities, partly through the inclusion
in the curriculum of compulsory
human rights components, including the rights of
children.
(5) A number of progressive quantitative and qualitative
changes have also been effected in vocational training. There are 260 students
in higher educational establishments per 10,000 persons. For higher and
secondary vocational training the figure is 549 per 10,000.
(6) State
educational standards for basic, secondary and higher vocational training,
taking account of the principles of independence
of educational establishments
in the preparation and implementation of teaching programmes and of State
monitoring of quality in
education, were introduced for the first time in the
period under review.
(7) Certification, licensing and accreditation
procedures have become very important features of the Russian educational
system.
These new forms are intended to ensure verification of the quality of
education and to maintain uniform education across the Russian
Federation, while
taking account of the independence of educational establishments and the
academic freedoms of teachers.
(8) The private vocational training
sector was established: at the beginning of the 2001/2002 academic year there
were 387 private
higher educational establishments with more than 629,000
students.
249. Under the federal law on education, funds allocated to the
needs of the various levels of the educational system constitute 10
% of
the total national budget. In 2001-2002 the growth of expenditure on education
was more than 50 %. In addition to current
financing, supplementary
resources were allocated and funds were obtained from non-budget sources.
Supplementary financing was used
primarily for information technology in
educational establishments, principally those providing general and basic
vocational training,
and also for the purchase of modern remote teaching and
laboratory equipment for vocational training establishments.
250. The
most important stage in education is the school, which provides primary, basic
and secondary (full) general education. At
the beginning of the 2001/2002
school year there were more than 66,200 State day schools for general education
with more than 19.4
million pupils.
251. The external student system,
education in the family, self-education and other arrangements are used to
ensure the education
and upbringing of children who cannot attend general
education schools regularly (because of long-term illness, family circumstances,
etc.).
252. Under article 10 of the federal law on education, adult
citizens and parents (legal representatives) of minors have the right
to choose
the type of general education and to combine different types. The
administrations and educational councils of general-
education establishments
may propose the type of education to be provided but are not entitled to change
it without the consent of
pupils and their parents.
253. The federal
targeted programme “Gifted children” is being implemented in order
to create favourable conditions for
developing the capabilities of gifted and
talented children. A scientific and methodological basis for working with
gifted children
has been established. One of its purposes is to support
all-Russian and international subject competitions and contests (in 11
subjects).
Victors and prize-winners in the finals of the all-Russian
schoolchildren’s competition and members of Russian national teams
taking
part in international competitions in educational subjects are accepted without
entrance examinations by secondary and higher
vocational training establishments
to study the relevant subject. Schoolchildren’s scientific and technical
conferences are
held to enable gifted children to participate in scientific
activities.
254. The educational interests of national and ethnic groups
living in the Russian Federation are protected and supported. The number
of
students being taught in their national (non-Russian) language in 2002 was
229,200, and they were studying in 3,329 general-education
establishments (in
2000 and 2001 the corresponding figures were 239,600 and 238,400 students in
3,470 and 3,433 establishments respectively);
teaching is provided in 31
national (non-Russian) languages, and 81 national (non-Russian) languages are
taught in schools.
255. An important factor ensuring the continuity of
education is basic vocational training. At the end of 2001 there were
3,872 State
basic vocational training institutes (vocational training centres
and vocational colleges) in the Russian Federation, with a total
enrolment of
1,649,000. A new list of trades and professions, State educational standards
and the curricula corresponding to them
has been drawn up, a modular teaching
system is being prepared to enable children to receive vocational training at
various educational
levels, and vocational colleges covering trades with more
advanced skills are being developed. Basic vocational training institutes
are
financed from the federal budget and partially (39 %) from the budgets of
members of the Russian Federation.
256. Federal, regional and local
authorities strove to improve the educational resources available to children
during the period under
review. This applies especially to the school
computerization programmes that are being carried out, the introduction of
remote
learning and the expansion of book publishing on education and
educational methods. For example, there has been budgetary targeted
financing of
the rural schools computerization programme since 2000 (in 2000 alone the amount
spent was 1 billion roubles).
257. Special attention is being devoted to
the implementation of the rights of children to obtain high-quality general
education.
The basic tools in achieving this have been the preparation of State
standards for general education and the establishment of a
State certification
department charged with monitoring the implementation of these standards. An
important mechanism for increasing
the quality of education at all levels is the
procedures for the certification of senior teachers and for the licensing,
certification
and accreditation of educational establishments. Standards laying
down the procedures for certifying teachers in general-education
establishments
and obtaining academic titles in higher educational establishments have been
adopted.
B. Aims of education (art. 29)
258. The aims of education are set out in the federal law on education
(see para. 322 of the second periodic report). During the
period under review
they were described in detail in the national policy for education in the
Russian Federation, the Concept for
modernization of Russian education for the
period up to 2010 and the Federal Programme for the development of education,
taking into
account the specific social and economic conditions of Russian
development, actual problems and priorities in the development of
the
educational system.
259. In accordance with these documents, the work of
educational establishments ensures:
- The historical continuity of generations, the maintenance, spread and development of national culture and the nurturing of a caring attitude to the historical and cultural heritage of peoples of the Russian Federation;
- The bringing up of Russian patriots and citizens of a democratic State governed by the rule of law who are capable of socialization in civil society, respect the rights and freedoms of the individual, have a high sense of morality and show ethnic and religious tolerance and a respectful attitude to the languages, traditions and cultures of other peoples;
- The inculcation of a culture of peace and interpersonal relations;
- The all-round and timely development and children and young people and their creative capabilities, and the development of self-education and personal self-realization skills;
- The development in children and young people of an integral understanding of the world and a modern scientific outlook, and of a culture of inter-ethnic relations;
- The inculcation in children, young people and other categories of citizen of motivation to work and be active in their private and professional life, and teaching them about the basic principles of building a professional culture and about conduct on the labour market;
- The development of Russian traditions in working with gifted children and young people and participation of educational workers in scientific activities;
- The fostering of a healthy lifestyle and development of sport for youth;
- Countering negative social phenomena;
- Environmental education forming a careful attitude to
nature.
260. Particular attention is being devoted to matters relating to
education in a spirit of peace and tolerance. The State programme
“Patriotic education of citizens in the Russian Federation for the period
2001-2005” and the federal targeted programme
“Fostering aims of
tolerant awareness and preventing extremism in Russian society
(2001-2005)” have been adopted and
are being successfully implemented to
achieve these aims.
261. Educational establishments in Russia have
developed a system for fostering respect for the environment. The following are
compulsory
basic programmes: fundamentals of the environment (in kindergarten),
nature study (in primary school) and practical environmental
work (in
secondary classes). For senior pupils, the environment forms part of the
regional component.
262. Among the principal educational priorities are
teaching respect for human rights and the history and traditional culture of the
generations and shaping the personality of a child that knows his rights and can
exercise them. The duty to bring children up in
this way is set out in the
basic history and social sciences curricula of general-education establishments
and at all levels of education.
Sections on the rights of the child are
included in all textbooks and teaching aids on law recommended by the Ministry
of Education.
A special textbook entitled “Rights of the Child” has
been prepared for the civics course in basic school (class 7).
The Ministry of
Education has approved scientific methodology and computer analysis aids to
ensure high-quality teaching in these
areas, as well as specialized optional
(supplementary, extracurricular) study programmes. Non-governmental
organizations play an
important role in the dissemination of information about
the rights of the child. For example, the “New prospects” fund
has
organized five rounds of All-Russian project competitions as part of the
“Rights of the Child” programme.
C. Leisure, recreation and cultural activities (art. 31)
263. The organization of children’s leisure and
improvement of their health are one of the priority areas of the Russian
Government’s
work. They are coordinated at the federal level by the
Ministry of Labour.
264. According to statistics received from the
executive authorities of members of the Russian Federation, the number of
children
involved in organized forms of leisure, health improvement and
recreation in 2002 rose by almost 1 million by comparison with 2001.
More than
10.7 million children and adolescents were involved in various forms of
these activities.
265. The aim of the campaign to improve the health of
children and adolescents is to ensure that they are occupied in the summer,
including efforts to resolve problems of child neglect. In this connection,
there was a change in the structural parameters of children’s
leisure and
health activities: the number of children’s residential health camps rose
from 52,100 in 2001 to 52,200 in 2002.
They hosted more than 6.1 million
children, against 6.2 million in 2001. The number of schoolchildren’s day
camps rose substantially.
In 2002 more than 35,500 of these camps, or almost
1,000 more than in 2001, were organized in schools and social assistance centres
for families and children, and for children in their school holidays.
266. Greater attention was paid to the organization of leisure and health
activities for children requiring special State assistance:
orphans, children
with limited health possibilities, children in a socially dangerous situation,
children from low-income families,
and children living in extreme climatic or
environmental conditions, etc. More than 4.7 million children in these
categories were
involved in all forms of leisure, health improvement and
recreation in 2002, compared with 4.0 million in 2001.
267. Leisure,
recreation and cultural activities are also organized within the system of
supplementary education made up of more than16,000
establishments responsible to
various departments, including more than 8,700 in the educational system, 5,800
in the cultural system
and 1,700 in the sports system. The activities of
establishments providing supplementary education are governed by the federal law
on education, the Fundamentals of Russian legislation concerning education and
other laws and regulations.
268. In addition to creative associations
in the major areas of activity, there are more than 64,000 other institutions
and associations,
including more than 11,000 in rural areas: various clubs,
museums, research groups, young leaders’ associations, social
educators’
volunteer groups, etc.
269. The policy for the
modernization of Russian education provides for the further expansion of the
network of supplementary educational
establishments with a view to increasing
coverage to up to 500,000 children per annum; it is planned to increase to 10
million the
number of children involved in organized forms of leisure and health
activities daily.
270. The tradition has evolved of holding annual
all-Russian festivals of children’s creative artistic work. The title
“Model
children’s collective” has been introduced to encourage
children’s creative work. A competition comprising a variety
of
programmes and pilot projects on children’s, young people’s and
family leisure is organized annually as part of the
federal targeted programme
“Youth of Russia (2001-2005)”. Recreation for families with minor
children has become a leading
area in the work of institutions providing
services to young people and regional and local youth bodies.
IX. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
1. Refugee children (art. 22)
271. On 2 February 1993 the Russian Federation
acceded to the Convention relating to the Status of Refugees of 28 June 1951 and
the
protocol relating to the Status of Refugees of 31 January 1967. Russia
hosts the regional office of the Office of the United Nations
High Commissioner
for Refugees, and there are branches in Stavropol, Nazrani and Vladikavkaz. The
High Commissioner visited Russia
three times in the period under review (Mrs.
Ogata in November 1999 and October 2000, and her successor Mr. Lubbers in
2000).
272. A total of 12,094 children from the families of refugees and
displaced persons were registered in 2001 (against 18,000 in 2000,
24,000 in
1999 and 37,000 in 1998, of which 12,044 were children of displaced persons and
50 children of refugees).
273. Since the start of registration at the
beginning of 2002, 625,600 displaced persons and 127,900 refugees have been
registered,
of which 188,700 and 5,500 respectively were minors. The statistics
include 14,900 children of single-parent families and about
37,800 children of
large families.
274. A refugee child left without parental care is
afforded the same protection as any other child that is permanently or
temporarily
deprived, for any reason, of his or her family environment (see
para. 349 of the second periodic report).
275. Basic assistance was
provided to children from families of refugees and displaced persons under the
federal targeted programme
“Children from families of refugees and
displaced persons”. Funding for this programme is steadily increasing:
33.4
million roubles was spent on its implementation in 2001, or 1.5 times as
much as in 2000 and 3 times more than in 1999.
276. The resources
allocated were used to provide direct material assistance to children from
families of refugees and displaced persons,
to implement measures for children
in temporary accommodation for refugees and displaced persons (including the
social and psychological
rehabilitation of such children), to strengthen the
material and technical base of educational and health-care establishments, to
organize summer leisure activities for children, etc.
277. About one
third (34.4 %) of all budgetary resources allocated to implement measures
under the above-mentioned programme in 2001
were used to provide direct material
assistance to children from families of refugees and displaced persons. A total
of about 30,000
such children were covered by the various forms of assistance in
2001, of which about 29,000 received material assistance.
278. In order
to secure the right of children of displaced persons to education, the
educational authorities at all levels are working
to register migrant children,
to place them in educational establishments and to organize teaching in
accordance with the extent
to which they can cope with the language and the
subject. In 2001 more than 8,000 children of school age received one-off
material
assistance at the beginning of the school year, and 1,600 children from
families in temporary accommodation centres who were being
educated and brought
up in various educational establishments were given textbooks, learning
accessories, clothing, footwear and
sportswear. Educational establishments
provided free supplementary food (supper and breakfast) for more than 25,000
children from
the most needy families of refugees and displaced
persons.
279. Medical services for children from families of refugees and
displaced persons are provided by local treatment and prevention
establishments
depending on their place of residence. Medical care, including treatment and
preventive examinations and vaccinations,
is given under local compulsory
medical insurance programmes.
280. Health-care bodies organize surveys on
vaccinations among children from families of refugees and displaced persons and
give them
injections against diphtheria, measles, polio and viral hepatitis.
Modern anti-parasite resources and test systems have been purchased
and given to
mobile medical teams in order to diagnose parasitic
infections.
281. Attention is being given to the organization of leisure
and health activities for children from families of refugees and displaced
persons. Using all sources of funding, these were arranged for a total of 5,600
such children in 2001.
2. Children in armed conflicts (art. 38), including physical and psychological recovery and social integration (art. 39)
282. Russian legislation prohibits the call-up for
military service of persons under the age of 18 and their participation in
hostilities,
as stipulated in the law on military obligations and military
service. Under the criminal legislation of the Russian Federation,
the
recruitment, training and financing or other material support of mercenaries, as
well as their use in an armed conflict or military
operations, is prohibited
(art. 359 of the Criminal Code of the Russian Federation). Carrying out these
activities in relation to
a minor is an aggravating circumstance and is punished
more severely. A mercenary is deemed to be a person who is acting with a
view
to material reward and is not a national of the State taking part in the armed
conflict or military operations, does not live
permanently in that State and is
not sent to carry out official duties (which a person under the age of 18 cannot
be).
283. On 15 February 2001 the Russian Federation signed the
Optional Protocol to the Convention on the Rights of the Child, on the
involvement of children in armed conflict. Preparatory work on Russia’s
ratification of the Protocol is being completed.
In June 2002, at the
invitation of the Russian Government, Mr. O. Otunnu, Special Representative of
the Secretary-General for children
and armed conflict, visited Russia, including
the northern Caucasus.
284. The situation in the northern Caucasus
continues to be a matter of daily concern for the Government of the Russian
Federation.
In accordance with the federal targeted programme for restoration
of the economy and the social sphere in the Chechen Republic,
work was carried
out in 2001 on resolving problems of life support, return and reinstallation of
citizens forced to leave their place
of permanent residence in the Chechen
Republic.
285. Work on restoring the public health system in the Chechen
Republic is continuing. At the end of 2001 53 hospitals, 32 polyclinics,
46 surgeries and 175 midwifery units were in operation (9 hospitals and 16
polyclinics in Grozny), and 1,740 doctors were working.
The Chechen Republic
received 75.3 tonnes of medicines and other medical supplies worth more than
12.7 million roubles from the
federal reserve.
286. The educational
system in Chechnya has resumed full-scale operation since September 2000. In
2001/2002 194,000 pupils started
tuition in 458 schools in Chechnya, 21,000 of
them in class 1. Eighteen thousand students continued their studies in three
higher
educational establishments, 3,000 continued in seven technical colleges
and 5,000 in 12 vocational training colleges. On 1 January
2001 19 pre-school
educational establishments, attended by 1,255 children, were in
operation.
287. School-leavers in the Chechen Republic were given 332
places in 117 higher educational establishments and 775 places in the
preparatory
departments of 35 higher educational
establishments.
288. Budget workers have been paid in full since 2001,
and pensions and allowances are paid monthly. As of 1 November 2002 389,000
children were receiving allowances. Resources are allocated from the federal
budget for these purposes. In the summer of 2001 about
50,000 children
from the Chechen Republic were provided with leisure and health facilities at
health resorts in contiguous members
of the Russian Federation.
289. The problem of normalizing support for the lives of children in the
Chechen Republic is a long-term one. The measures necessary
to resolve it are
set out in the current reconstruction programmes of the Chechen Republic and the
draft federal programmes for the
coming period.
B. Children in the system for the administration of
justice
in cases involving children
290. During the period
under review, there was active legislative work in Russia aimed at protecting
the rights of juveniles and creating
solid guarantees for this, including
guarantees in the judicial process. The following laws and regulations were
adopted:
(1) The federal law on basic guarantees of the rights of the
child in the Russian federation of 1998, which sets out guarantees of
the rights
of juveniles in all spheres of social life, including in relation to justice
(art.15);
(2) The federal law on amendments and additions to the
Criminal Code, the Code of Criminal Procedure, the Punishment Code and other
legislative instruments of the Russian Federation. This law amended the
Criminal Code in relation to the sentencing of a convicted
juvenile to a
corrective colony (a unified system was established). In the Punishment Code,
the wording of article 108.4 was amended
to oblige administrations of corrective
institutions to help convicted persons to obtain secondary (full) general
education and higher
vocational training. In chapter 17 of the Punishment Code
entitled “Features of the application of punishment in the form
of
deprivation of freedom in educational colonies” six out of ten articles
were amended and supplemented, including strengthening
of the standards for
liberalization of the regulations governing the serving of
sentences.
(3) The Code of Criminal Procedure that entered into force on
1 July 2002. In this Code, the principle of a special, more humane,
criminal
procedure for juveniles is not only maintained but also set out more
consistently, and guarantees of respect for the rights
of juveniles are
substantially expanded.
(4) The federal law on the work of lawyers and
the legal profession in the Russian Federation of 2002. This law set out the
obligation
to provide legal assistance to juveniles, stated that in such cases
lawyers are to be paid from the federal budget, and established
the right to
free legal assistance for juveniles held in establishments of the
crime-prevention system, including closed educational
establishments (art. 26,
para. 3).
(5) The federal law on fundamentals of the system for the
prevention of neglect and juvenile crime of 1999 regulated the implementation
of
rehabilitation measures for convicted juveniles given non-custodial or suspended
sentences and for adolescents whose cases have
been stopped for
non-rehabilitation reasons (reconciliation with the victim).
291. In
addition to laws, a number of legally binding official instruments making legal
provisions more precise and clarifying their
application were adopted in the
period under review. They include, in particular:
- Resolution of the Plenum of the Supreme Council of the Russian Federation on judicial practice in cases of offences by juveniles, of 14 February 2000;
- Rules governing the internal regulations of educational colonies in the criminal punishment system of the Ministry of Justice of the Russian Federation approved by a Ministry of Justice Order of 29 July 2002;
- Instructions on the organization of work of departments concerned with
juvenile affairs in agencies of the Ministry of Internal
Affairs, approved by
Ministry of Internal Affairs Order No. 569 of 26 May 2000.
1. Administration of justice in cases involving juveniles (art.40)
292. The right of juveniles brought before the
courts to treatment that promotes the development and significance of respect
for human
rights and for the basic freedoms of others in the course of the
administration of justice is ensured by:
(1) The investigation and court
examination of cases involving juveniles, during which the investigator, the
court, demonstrating
respect for the personality of the adolescent, carefully
collects and analyses evidence of his guilt but also informs him of the
pernicious nature of what he has done and the harm he has caused to the victim,
encouraging remorse and the desire to make good the
harm caused by his criminal
acts.
(2) The use of measures under criminal law, in particular the
compulsory educational measures provided for in articles 90 and 92
of the
Criminal Code. These measures are applied when the investigator comes to the
conclusion that correction can occur in the
case of the juvenile without
criminal punishment and gives evidence in court that these measures are to be
applied. The essential
aspects of the decision and the significance of the
trust placed in him by the judicial authorities are explained to the juvenile.
(3) The application of criminal punishment measures to the juvenile.
Many of these measures are non-custodial, and in 75 % of cases
the judge
hands down a suspended sentence. The trust being shown by the court, the
consequences of any breach of that trust and
the need to observe the
requirements of the sentence are explained to the juvenile. A specialized body
for the enforcement of juvenile’s
non-custodial punishments monitors the
behaviour of juveniles given a suspended sentence and those subjected to
compulsory educational
measures and carries out educational work with them,
drawing their attention to the need to justify the trust placed in them and
developing a sense of self-esteem.
(4) Enforcement of custodial
sentences, as regulated by article 17 of the Punishment Code, Features of
punishment in the form of
deprivation of liberty in educational colonies. The
standards of this article were amended in March 2001 to secure the further
humanization
of the conditions under which inmates serve their sentences
(increase in the amounts that may be spent in food and clothing and in
the
number of meetings with parents. Inmates with privileges are allowed unlimited
meetings.).
293. Legislation on juveniles (the standards set out in
chapters 14 and 20 of the Criminal Code, Features of criminal liability and
punishment of juveniles and of offences against the family and juveniles,
chapter 17 of the Punishment Code, Features of the enforcement
of punishments
for juveniles, and chapter 11 of the Family Code, Rights of minor children) was
improved in the period just ended
through the establishment of additional legal
guarantees for implementation of these standards. For example, the following
measures
to ensure the legality of indictments of juveniles were included in the
new Code of Criminal Procedure (CCP):
- It is categorically prohibited to bring a court case, and one already brought must be halted, if there is no event constituting an offence or if there are no elements of an offence in the act (in other words, the act is not mentioned in the Criminal Code) (CCP, art.24);
- A court case can be brought only if the consent of the procurator is obtained (CCP, art. 146);
- The juvenile’s defence counsel and legal representative (parents or person in loco parentis) are called upon to participate immediately in the case. The competence of a person in loco parentis is considerably expanded in the Code of Criminal Procedure;
- A guilty verdict and the application to a juvenile of compulsory
educational measures, a criminal punishment or a suspended conviction
are
possible only on the basis of a court decision, etc.
294. In Russia the
presumption of innocence is a principle enshrined in the Constitution
(art. 49). Only a court is empowered by law to find a juvenile guilty and
to punish him, after the trial has analysed the evidence
and guilt is
established. If the court applies a compulsory educational measure to the
juvenile it must also be convinced of his
guilt (CCP, art. 29.1). Before
lodging a court petition for the application of such a measure, the investigator
(investigating officer)
must collect evidence of the juvenile’s guilt and,
having come to the conclusion that correction may be achieved without criminal
punishment, issue an order, approved by the procurator, verifying the extent to
which the accused is guilty (CCP, art. 427). In
this case, the criminal
prosecution of a juvenile cannot be halted if the accused or his legal
representatives lodge an objection
to it, considering that the guilt of the
juvenile has not been proven (CCP, art. 27).
295. The new Code of
Criminal Procedure laid down clear bases for detaining a person suspected of
committing an offence (art. 91)
and set out a procedure whereby:
(a) a
report of detention must be prepared within a period not exceeding three hours;
(b) the detention of a juvenile must be brought to the notice of the
procurator within 12 hours (art. 92);
(c) a suspect must be
informed of the reason for his detention and questioned within 24 hours;
(d) when a juvenile is detained, the investigator must inform close
relatives within 12 hours (arts. 46.2 and 96);
(e) it is compulsory
for a defence lawyer to take part in the interrogation of a juvenile suspect
(accused) (art. 425). A professional
defence lawyer may be engaged by the
parents of the accused juvenile or may be designated by the investigator to take
part in the
questioning. In the latter case, his fees are paid from the federal
budget (art. 50).
296. The new Code of Criminal Procedure considerably
extends the legal regulation of the duration of the basic stages (individual
procedural operations) of the investigation and trial. In a number of
cases these times have been marginally shortened, creating
the preconditions for
a clear and urgent judicial procedure in relation to the juvenile. Mention has
been made above of the time
limits for detention and the initial interrogation.
In addition, the Code of Criminal Procedure lays down the following time
limits:
- For the preliminary investigation, 2 months (art.162), and for an inquiry, which is often carried out for juveniles, 15 days (art. 223);
- For the procurator to lay a charge, 5 days (art. 221) and to bring an indictment, 2 days (art. 226);
- For the court to adopt a decision regarding the holding of a preliminary hearing, 14 days if the accused is in custody or 30 days if not (art. 227);
- For the hearing of a criminal case in court session, to begin not later
than 14 days after the case is brought to court (art. 233.1).
Agencies
of the Procurator’s Office carry out constant monitoring of compliance
with these time limits.
297. The participation of a juvenile’s
defence counsel and legal representative (parents, guardian, foster parent) in
the trial
is compulsory. Their functions are considerably expanded in the new
legislation on criminal procedure (CCP, arts. 48, 426, 428 et
al.). If there is
reason to believe that a parent, as the legal representative, may harm the
interests of a juvenile defendant,
the court must replace the legal
representative, calling upon the other parent or a representative of
guardianship and fostering
bodies (CCP, art. 428).
298. Other assistance
which may be given to a juvenile during the investigation and trial includes
participation in the interrogation
of a teacher or child psychologist, who is
given the right to put questions for clarification, helping the juvenile to
express his
position on the case more clearly and the judge to take a correct
decision (CCP, art. 425). Cases of legal offences by juveniles
in Russia are
usually investigated by specialized investigators and heard by specially
designated judges.
299. At the end of the investigation, a juvenile
defendant, his defence lawyer and legal representative have the right to become
acquainted
with the documents in the case (including the depositions of
witnesses), and a report is made to this effect. There is no time limit
for the
participants in the case to become acquainted with the documents, and they may
make copies of the material and lodge petitions
(CCP, art.
217).
300. Russian law on criminal procedure lays down some procedures
that make it possible to apply measures under criminal law to a juvenile
who has
committed a criminal offence without a detailed trial. For example, the court
may impose a compulsory educational measure
on a juvenile defendant when the
investigator, with the consent of the procurator, halts the criminal
investigation and lodges an
application for the imposition of such a measure.
In the trial, the defendant, like other participants, is not questioned about
the offence.
301. In addition, a special procedure for reaching a court
verdict was introduced for the first time in the new Code of Criminal Procedure.
If the juvenile defendant admits the charges against him, he may apply to be
sentenced without a detailed trial. This application
may be lodged at the time
he becomes acquainted with the documents in the case, or at the preliminary
hearing in the presence of
his defence lawyer. At the trial the participation
(or more accurately, the presence) of the accused and defence counsel are
compulsory.
The accused and defence counsel are not questioned and evidence is
not examined. The sentence imposed may not exceed two-thirds
of the maximum
time or amount of the strictest punishment laid down for commission of the
offence (art. 40).
302. After the investigator, the court, and
commissions for juvenile affairs and the defence of their rights have examined
the facts
(materials) relating to juveniles, the bodies responsible for the
enforcement of punishments or enforcement of compulsory educational
measures
work with young offenders. The aim of this work is not only correction of the
juvenile and to prevent him from reoffending,
but also to rehabilitate him and
to make him fit for life in society. Legislative and official legal instruments
enable these bodies
to take various measures, as listed in article 40, paragraph
4 of the Convention.
303. The principle underlying the application of
these measures is comprehensiveness: the assistance given to the juvenile is
combined
with an exacting approach, the juvenile’s welfare being the
priority. In this context, the following measures, regulated by
legal
instruments at various levels, are applied in preventive educational
work:
(1) The probationary period and period of application of
compulsory educational measures (CCP, arts. 73 and 90) are used for juveniles
who are given a suspended sentence and are absolved from criminal liability and
punishment after committing minor and less serious
offences. In most cases the
court will impose certain obligations on a person given a suspended sentence (to
study, not to give
up work, not to appear in public places after 10 p.m., etc.).
Further work with these juveniles is carried out by departments responsible
for
juvenile affairs of the Ministry of Internal Affairs and inspectorates for the
enforcement of criminal punishments, which observe
the behaviour of persons
given a suspended sentence and may where necessary petition the court, either
for early lifting of the probation
and cancellation of any criminal record or
for extension of probation or the revocation of the suspension and serving of
the sentence
handed down by the court if the juvenile continues his illegal
activity.
(2) Advisory services of various kinds are available to
juveniles who are dealt with in the judicial system and their parents: judicial,
under the federal law on the work of lawyers and the legal profession (arts. 25
and 26), educational, under the federal law on education,
and social and
psychological (provided by rehabilitation institutions under the federal law on
fundamentals of the system of prevention
of neglect and juvenile crime) and
others.
(3) Home visits to the families of a juvenile who has broken the
law, been given a suspended sentence, etc. If his family is in
a troubled
state, it is placed under observation and the parents are given help in securing
work and in being treated for alcoholism,
drug abuse,
etc.
(4) Individual programmes for the upbringing and education of
juveniles who have broken the law and been given non-custodial sentences
-
suspended or involving compulsory educational measures. These programmes are
drawn up in departments responsible for juvenile
affairs of the Ministry of
Internal Affairs working with these juveniles (Instructions on the organization
of work of departments
concerned with juvenile affairs in agencies of the
Ministry of Internal Affairs, art. 39) and in special educational establishments
where they live and study (see Model regulations for special educational
establishments for children with aberrant behaviour). Programmes
for young
offenders provide for measures to raise their educational level, vocational
training for securing employment, etc.
304. The Code of Criminal
Procedure (art. 323) and the federal law on fundamentals of the system of
prevention of neglect and juvenile
crime (art. 30) make provision for the
possibility of a complaint and retrial (consideration of documents) where
juveniles have been
sentenced to criminal punishment or compulsory educational
measures. The Code of Criminal Procedure increases the number of procedures
for
retrials and introduces, in addition to the appeal and supervision procedures,
an appeal procedure for retrials heard by justices
of the peace. The competence
of judges in retrials of juveniles is ensured through the establishment in the
higher courts (oblast,
regional and national) of specially constituted court
boards. The defence lawyer, the juvenile’s legal representative, the
juvenile himself and the procurator take part in the hearing.
Organs
and institutions
305. The federal law on magistrates, which bestowed
the right to hear cases concerning offences by juveniles carrying a maximum
sentence
of three years’ deprivation of liberty, was adopted in 1998. A
substantial proportion of cases involving theft, hooliganism
and illegal use of
narcotic and psychotropic substances by juveniles now falls within the
competence of magistrates. In defence
of the interests of juveniles,
magistrates also hear cases involving the dissolution of marriages when the
spouses have children,
recovery of foodstuffs for their maintenance,
etc.
306. The advantage of having magistrates hear juvenile cases lies
in the fact that they are more accessible to the population, less
busy, and more
able to handle the facts of the case in greater depth and thus to hand down a
fairer verdict. The Code of Criminal
Procedure lays down shorter trial time
periods for magistrates (art. 321).
307. The network of specialized
institutions in the system of administration of justice for juveniles was
expanded in the period under
review. There are 64 educational colonies
operating within the system for the enforcement of criminal punishments of the
Ministry
of Justice; at the end of 2002, they housed 10,900 young offenders
sentenced to deprivation of liberty (against 22,000 in 1999),
of which 657 were
girls (against 1.300 in 1999). Of these, 68.5 % had a previous criminal
record, 5 % having been sentenced to deprivation
of liberty and 63 %
to non-custodial sentences. The majority of those serving sentences involving
deprivation of liberty in educational
colonies therefore already had a criminal
record.
308. At the beginning of 2002 there were 56 closed special
establishments for education and upbringing, or 8 more than in 1997, including
19 special vocational training colleges (4 for girls, 1 mixed) and 37 special
general-education schools (2 for girls, 3 mixed), with
an intake of more than 4
million, of which about 10 % were female juveniles. Of the inmates of
these establishments, 37 % were aged
between 11 and 14 and 63 % were
adolescents over the age of 14. Eighteen per cent were orphans and
children left without parental
care.
309. In order to tailor the
rehabilitation process to the individual to the maximum extent possible, the
number of places in special
schools for education and upbringing has been
reduced to a current figure of 80-100, compared with 200 in 1990. Class sizes
have
been reduced to 8-10 pupils, with a consequent rise in the number of
educational workers per class (group) of inmates. Posts for
educational
psychologists, social educators, psychotherapists and specialists in disability
have been included in staffing tables.
310. The network of open special
establishments for education and upbringing is gradually being expanded. As of
1 January 2002 there
were 14 such establishments in the Russian Federation, or 8
more than in 1997, including 2 special vocational training colleges and
12 special general-education schools (2 for girls, 3 mixed), with an intake
of 1,739 juveniles aged between 8 and 18. Of these,
16 % were aged between
8 and 14, 84 % were older than 14, almost 40 % (679) were female and
5 % were orphans and children left without
parental care.
311. Open
special establishments for education and upbringing constitute a new type of
educational institution. The legal basis for
their operation was established in
1995 following approval of the Model regulations concerning open special
establishments for education
and upbringing for children and adolescents with
aberrant behaviour.
312. An open special establishment for education and
upbringing performs the functions of a preventive institution for children and
adolescents who persistently break the law, refuse to go to school and
experience difficulties in their relations with their parents
and peers. Such
establishments take in juveniles from the age of 8, enabling them to start
rehabilitation work with children at
an earlier stage. Children and adolescents
are accepted on the application of the parents or the adolescent himself if aged
over
14 and on the recommendation of a commission for juvenile affairs and the
defence of their rights where a commission made up of psychologists,
doctors and
teachers has given an opinion. Adolescents of both sexes are taught in open
special establishments for education and
upbringing. Of the 14 establishments
in operation, five are reserved for boys and nine are mixed. The number of
places in these
establishments varies from 40-50 to 600-700, with an average of
120.
313. Open special establishments for education and upbringing may
provide boarding facilities or be for day attendance. There are
currently seven
boarding and seven day-attendance establishments. The boarding establishments
permit in-house rehabilitation of
children. Most open special establishments
for education and upbringing (town, urban and district) are municipal
institutions serving
the child population directly at the place of residence.
314. In accordance with article 22 of the Er-Riyadh guidelines, the
Ministry of Internal Affairs started training on 1 September 2000
under a
special programme of experts in working with juveniles, for agencies of the
Ministry of Internal Affairs specializing in
jurisprudence. Participants follow
a course on juvenile law and after training graduates are sent to serve in
juvenile affairs departments
of district (oblast) agencies of the Ministry of
Internal Affairs and centres for the temporary confinement of juveniles.
315. With the assistance of the UNICEF office in the Russian Federation,
the required number of copies of the Collection of International
Standards and
United Nations Norms in the Sphere of the Administration of Justice for
Juveniles have been sent to the Ministry of
Internal Affairs and its subordinate
bodies for independent study within the system of in-service training.
Newsletters, surveys
and methodological recommendations are prepared and sent
out every year. Eleven such documents, including documents on issues relating
to the identification and documentation of cases of cruelty to children, were
prepared and sent out in 2000.
316. In accordance with official
regulatory instruments, the Ministry of Internal Affairs has also introduced
specialization of criminal
investigation officers and detectives dealing with
juvenile cases. Special studies with these officers form part of advanced
vocational
training.
317. The vocational training of procurators
supervising the legality of investigations in juvenile cases and supporting
charges against
them in court is organized in a similar manner. Procurators
participating in the administration of justice in relation to juveniles
undergo
systematic training at the Central Institute for the Advanced Training of
Officials of the Procurator’s Office and
its regional
centres.
318. So far as the courts are concerned, the Plenum of the
Supreme Court of the Russian Federation has declared that “specialization
of judges in juvenile affairs implies the need for them to ensure their
professional competence through the study and advanced study
not only of legal
issues but also of pedagogics, sociology and psychology” (resolution of 14
February 2000 on judicial practice
in cases of offences by juveniles, para. 11).
In implementation of this guidance, special work with judges of juvenile cases
is carried
out in advanced training institutes. In addition, a number of
important educational institutions (for example Rostov State University)
are
introducing the relevant subjects in curricula.
319. Active work on the
formation of the juvenile justice system continued in Russia in the period under
review. The main efforts
were directed at furthering specialization of
investigators and judges concerned with juvenile cases and of workers in
non-specialized
bodies (investigation departments of agencies of the Ministry of
Internal Affairs, judges with general jurisdiction).
320. The State Duma
adopted the federal constitutional law on amendments and additions to the
federal constitutional law on the judicial
system in the Russian Federation on
first reading in February 2002. It regulated the establishment of a juvenile
court as part of
the juvenile justice system.
2. Children deprived of their liberty, including any form of detention, imprisonment or confinement in a correctional institution (art 37 (b)-(d))
321. The remand, detention and punishment by
deprivation of liberty of juveniles are extreme measures. The general standard
is laid
down in the Code of Criminal Procedure (art. 108): “detention in
custody is used when no other less severe restrictive measure
can be
applied”. In addition, where juveniles are concerned, the law requires
that in imposing a restrictive measure on a
juvenile suspected of (charged with)
an offence, consideration must be given in every case to placing him under
supervision (CCP,
art. 423). The implementation of this standard has been the
subject of special monitoring. In addition, the law substantially narrows
the
grounds for using detention in custody for juveniles under the age of 18.
Whereas this measure may be imposed on adults even
for the commission of an
offence of moderate seriousness, in the case of a juvenile preventive detention
in custody may be used only
when serious or particularly serious offences have
been committed (CCP, art.108).
322. Article 88 of the Criminal Code lists
six kinds of punishment for juveniles. Two (detention and remand) involve
deprivation
of liberty and four are alternative punishments not involving
deprivation of liberty. In addition, the Criminal Code provides in
article 73
for the possibility of conditional deprivation of liberty. Lastly, the Code
sets out the judge’s right to sentence
a juvenile to compulsory
educational measures and absolve him from criminal liability and punishment.
There are five kinds of compulsory
educational measures. In total, the Criminal
Code provides for ten alternative measures in criminal law applicable to
juveniles
and two kinds of deprivation of liberty. In fact, remand as a form of
deprivation of liberty has so far not used in Russia. In
1998 alternative
measures of punishment were imposed in 75 % of cases, including suspended
and deferred sentences in 73.7 % of cases.
The corresponding figures in
2002 were 75.5 % and 74.6 % respectively. Furthermore, courts absolve
about 5,000 juveniles from criminal
liability and punishment, imposing
compulsory educational measures, every year.
323. In the case of
juveniles needing shelter the use of deprivation of liberty as a temporary
preventive measure under the federal
law on fundamentals of the system of
prevention of neglect and juvenile crime, adopted in 1999, is strictly limited.
These juveniles
may be placed in centres for the temporary confinement of
juvenile delinquents when they have committed socially dangerous acts up
to the
age of criminal liability in cases where it is necessary to protect their lives
and health and prevent reoffending. Juvenile
delinquents may be sent to these
centres on the basis of a judicial sentence or judge’s order. The length
of stay in such
centres is limited to 30 days (above-mentioned law, art. 25).
In 2001, 24,400 children were sent to centres for the temporary confinement
of
juvenile delinquents (compared with 30,000 in 2000 and 54,800 in 1999); of
these, 2,300 were orphans.
324. By Presidential Decree No. 904 of 28 July
1998, all establishments for the enforcement of criminal punishment were
transferred
from the authority of the Ministry of Internal Affairs to that of
the Ministry of Justice.
325. Ministry of Justice resolution No. 210 of
29 July 2002 approved the Rules governing the internal regulations of
educational colonies
in the criminal punishment system, in which the norms of
the Punishment Code are listed in detail and privileges are extended. The
rules
establish, for example, the right to receive unlimited amounts of parcels,
packages and printed matter and lay down improved
standards for equipment and
supplies, etc. They also regulate the organization of the teaching and
educational process and the provision
of general education and vocational
training. The need to complete general (full) secondary education and
vocational training is
referred to in part 1, article 139, of the Code of
Criminal procedure as the reason for leaving persons who have attained the age
of 18 in educational colonies. These rules for the first time establish the
right of inmates of educational colonies to take correspondence
courses of
higher vocational training establishments “on the application of the
teaching and education council and with the
permission of the head of the
educational colony”. The implementation of all these standards is aimed
at the creation of the
solid bases necessary for the reintegration of persons
released from an educational colony and their fulfilment of a useful role
in
society.
326. Protection of the health and moral development of juveniles
who are dealt with in the judicial system includes the immutable
requirement
that they must be kept separate from adults. This is guaranteed by the Rules
governing the internal regulations of criminal
confinement establishments,
approved by a Ministry of Justice Order of 12 May 2002. Keeping juveniles
together with adults is permitted
only in exceptional circumstances, when the
adults are considered positive and have been charged for the first time with
offences
that are not serious. However, keeping juveniles in the same room with
adults requires the consent of the supervising procurator.
327.
Separation of juveniles and adults sentenced to deprivation of liberty is
established under article 80 of the Code of Criminal
Procedure as a principle in
the enforcement of punishment. Departures from this principle occur in
exceptional cases when an inmate
having attained the age of 18 may be left in an
educational colony in order to reinforce the results of correction and because
of
the need to complete secondary general education. The inmate may remain in
the educational colony up to the age of 21 and must be
of good behaviour. He
may do so by decision of the director of the colony, with the approval of the
procurator.
3. Sentencing of juveniles, including in particular the prohibition of capital punishment and life imprisonment (art. 37 (a))
328. The Criminal Code prohibits the application of
capital punishment to a convicted juvenile.
329. Under current Russian
law, life imprisonment, which is provided for in the Criminal Code as an
alternative to capital punishment,
may also not be applied to persons committing
a crime when under 18 years of age, even if they had attained their majority at
the
time of sentencing by the court.
4. Physical and psychological recovery and social integration (art. 39)
330. The federal law on basic guarantees of the rights of the child in
the Russian Federation of 3 July 1998 gives the court the right
to declare
measures for the social rehabilitation of a juvenile necessary when he has been
absolved of criminal liability or of punishment
involving compulsory educational
measures and a decision to apply such measures has been taken. If a
law-enforcement procedure or
action is being performed with the participation or
in the interests of a child who requires educational, psychological, medical
or
legal help or social rehabilitation, the official carrying it out must,
irrespective of the subject-matter of the investigation,
notify the competent
body of the need to take the measures concerned and request them to inform him
of the actions undertaken.
331. The foundations of the necessary
conditions for the successful social adjustment and reintegration of a juvenile
sentenced to
deprivation of liberty are laid down already when the sentence is
handed down by the court. In its resolution No. 14 of 12 November
2001 on the
practice of designation by the courts of types of correctional establishment,
the Plenum of the Supreme Court of the
Russian Federation recommended that
courts should, where necessary, at the same time as deciding on the sentence
issue a ruling (decision)
indicating the establishment that will carry out the
punishment, and in dealing with the juvenile should take into account the
particular
features of his personality (level of intellectual and physical
development, propensity to consume alcohol or drugs and other characteristics).
This makes it possible to tailor corrective work with a convicted juvenile to
the individual and to hasten his psychological and
social adjustment and
reintegration while serving his sentence and after leaving the educational
colony.
332. The social and psychological reintegration of convicted
juveniles is intended to help him secure the organizational and legal
guarantees
of his rights and freedoms set out in the law on the enforcement of criminal
punishments. The Punishment Code and the
Rules governing the internal
regulations of educational colonies provide for the right of juvenile inmates of
educational colonies
to take part in mass cultural and sporting activities, use
the library and board games and watch television programmes at the designated
time; to take part in inmates’ amateur performances; to take leave and to
attend short and long meetings in accordance with
established standards laid
down; to receive letters, parcels and printed matter and to send letters and
transfer money in accordance
with established procedure; and to use the
telephone to talk to parents and other persons who have been authorized by the
director
of the educational colony.
333. Conditions have been created in
all educational colonies for juvenile inmates to receive secondary (full)
general education.
Basic (full) general education, initial vocational training
and vocational training of inmates are provided through the colony’s
evening classes, vocational and technical college and enterprise. The work of a
general education school is organized in every colony,
providing instruction in
accordance with the model curricula of the Ministry of Education. More than
80 % of juveniles complete
their studies and are awarded certificates every
year. During deprivation of liberty they are guaranteed the possibility of
studying
by correspondence course at secondary, special and higher educational
establishments, on the application of the teaching and educational
council and
with the permission of the director of the educational colony.
334. Initial and basic vocational training and labour tuition are
provided in order to make it easier for inmates to obtain work and
facilitate
their social adjustment after serving their sentence in an educational colony.
Juveniles are trained in 25 trades in
the vocational colleges and enterprises of
educational colonies, and they are able to master a second and third speciality.
335. On release from correctional establishments, children up to 16
years of age are sent to their place of residence, accompanied
by relatives or
other persons or by a worker from the correctional establishment. Juveniles
released from places of detention are
helped to continue their studies and to
find work. These matters are dealt with by the regional employment office and
the commission
for juveniles and defence of their rights. The federal targeted
programme of employment for the period 1998-2000 (extended to 2001)
gives
priority to young people being released from places of detention in its
provisions for the creation of additional employment
opportunities for
juveniles. In addition to the allocation of financial resources for these
purposes, a great deal of work is being
done to involve the maximum possible
number of interested parties (employers, local authorities, educational bodies,
committees on
youth affairs, etc.) in this process, to improve the system for
the creation and financing of temporary jobs, and to establish specialized
agencies for the organization of temporary work for juveniles, making it
possible to somewhat to alleviate the problems of placing
juveniles in temporary
work.
336. The federal law on fundamentals of the system for preventing
child neglect and juvenile crime highlights socio-educational rehabilitation
of
juveniles in a socially dangerous situation as one of the basic tasks of efforts
to prevent child neglect and juvenile crime.
Bodies and institutions in the
system of prevention of child neglect and juvenile crime carry out individual
preventive work with
juveniles: those conditionally released before the end of
their sentence or spared punishment because of an amnesty or pardon; those
with
a deferred punishment or deferred sentence; those convicted of a minor or
moderately serious offence and those absolved from
criminal punishment by the
court and subjected to compulsory educational measures; and those given
suspended or non-custodial sentences.
This work is done with juveniles released
from establishments in the criminal punishment system or returning from closed
special
establishments for education and upbringing if they permitted
infringements of the regime or committed illegal acts while staying
at such
establishments, or are in a socially dangerous situation after their release and
require social assistance and rehabilitation.
337. The law clearly
defines the obligations of the various bodies – the agencies of the system
of prevention responsible for
finding children who have fallen into a difficult
situation in life and require State assistance, including juveniles who have
served
a sentence. By law, commissions for juveniles and the defence of their
rights are responsible for assistance in arranging the employment
and domestic
affairs of juveniles released from establishments of the criminal punishment
system or returning from special establishments
for education and upbringing,
help in determining ways of supporting other juveniles requiring State
assistance, and the performance
of other functions relating to the social
rehabilitation of juveniles. Sub-departments for juvenile affairs in agencies
of the Ministry
of Internal Affairs carry out individual preventive work in
relation to juveniles released from establishments of the criminal punishment
system or returning from closed special establishments for education and
upbringing. At the same time, social protection, youth
affairs and other bodies
participate in rehabilitation work for such juveniles, depending on the specific
problems encountered by
children. The work of specialized institutions in the
social protection system – social rehabilitation centres and shelters
to
which juveniles released from educational colonies can go for assistance,
including independently – are of great importance
in the integration of
juveniles after their release from establishments in the system for education
and upbringing. The network
of such institutions in constantly being expanded
(see sections V I-J of the report).
C. Child victims of exploitation, including physical and
psychological recovery
and social integration (art. 39)
1. Economic exploitation of children, including child labour (art. 32)
338. The Russian Federation is a party to ILO
conventions No. 29, concerning Forced or Compulsory Labour, and No. 105,
concerning
Abolition of Forced Labour, as well as ILO conventions Nos. 10, 15,
58, 59, 60, 77, 78, 79, 90, 112 and 138 relating to the labour
of children and
adolescents.
339. The principle of the prohibition of forced labour is
enshrined in the Constitution of the Russian Federation. It is given specific
form in article 4 of the new Labour Code and applies to all citizens, including
children. The constitutional norm has been supplemented by special legislation
relating to children.
340. In accordance with ILO Convention No. 138
concerning Minimum Age for Admission to Employment, the Labour Code has raised
the
age at which admission to employment is permitted from 15 to 16. A labour
agreement may be concluded with a person aged 15 only
if he has completed basic
general education. The Code retains restrictions aimed at protecting the
physical and moral health of
juveniles, creating the possibility of juveniles
obtaining education, and prohibiting the use of the labour of persons under the
age of 18 for work in heavy or dangerous conditions, at night, on days off and
public holidays, or work that is prejudicial to the
moral development of
juveniles.
341. Additional guarantees for workers aged up to 18 in case
of dismissal have been maintained in the new Labour Code. Annulment
of a labour
agreement with a worker under the age of 18 on the initiative of the employer
(except when the organization is being
closed down) and outside the general
procedure is allowed only with the consent of the State labour inspectorate and
a commission
for juvenile affairs.
342. In order to improve the standards
regulating the working conditions of juveniles and to ensure their rights and
freedoms, the
List of heavy work and work with harmful or dangerous conditions
for which persons under the age of 18 may not be used was approved
by a
Government resolution of 25 February 2000. This list is based on new labour
safety standards for juveniles (its foundation
is new medical and biological
criteria for assessing working conditions) and has been expanded by comparison
with the list earlier
in force: it contains more than 200 names of jobs in
various sectors of the economy. New maximum permissible weights have been
approved
for persons under the age of 18 lifting and moving heavy objects by
hand. These standards were developed in accordance with the
Hygienic criteria
of admissibility for conditions and types of work for juveniles. They are
differentiated by sex and age and established
separately for each year of life
(14, 15, 16 and 17 years of age), in accordance with the evolution of
juveniles’ growth and
development and the progressive strengthening of the
physiological systems in a juvenile’s body that ensure his physical
fitness
for work. See also paragraphs 440, 441, 443, 446, 447 and 448 of the
second periodic report.
343. The number of juveniles applying to State
employment agencies for assistance in finding jobs rose steadily in the period
2000-2002.
There were 1,663,100 juvenile applicants in 2001, and jobs were
found for 1,531,400 of them, of which 1,478,900 (96 % of the total)
were
temporary jobs. Priority in finding temporary work is given to orphans, children
left without parental care and juveniles registered
with commissions for
juvenile affairs. Participation in the programme is greatest in the spring and
summer, when about 90 % of the
juveniles finding work during the year are
placed in jobs (see also para. 450 of the second periodic
report).
344. Agencies of the federal labour inspectorate carry out
regular special checks on compliance with labour legislation and the labour
protection of juveniles. The necessary measures are taken to eliminate any
violations revealed during the checks.
345. Preparations for the
ratification of ILO Convention No. 182 concerning the Prohibition and Immediate
Action for the Elimination
of the Worst Forms of Child Labour are being
completed.
346. Current Russian legislation prohibits the following worst
forms of child labour: the use of forced labour, child trafficking,
recruitment
of minors to participate in armed conflicts and involvement of minors in
prostitution or illegal activities. The legislation
contains a broad range of
measures for the protection of juveniles from work which may, by its nature or
the conditions in which
it is carried out, harm their health, safety or
morality.
347. The federal law on amendments and additions to the
Criminal Code of the Russian Federation has been drafted and approved by the
State Duma on first reading in order to establish a legislative basis for
combating the use of children in the production of pornographic
material and to
protect their moral and ethical development.
2. Use of narcotic drugs (art. 33)
348. The level of recorded drug addiction rose by a factor of 9.6 between
1990 and 1996, and that of harmful use of drugs by a factor
of 4. There was a
rising trend in drug addiction among juveniles from 1991 to 2000, when it
reached its highest level – 84.1
per 100,000 of the juvenile population.
In 2001 it fell by 34 % compared with the previous year to 54.9 per
100,000. A growth in
the harmful use of drugs among juveniles was recorded
until 1998, when it reached its highest level – 178.2 per 100,000 of
the
juvenile population. It has shown a downward trend since 1999, and the rates of
decline have increased: in 1999 the figure fell
by 7 %, in 2000 by
8.8 % and in 2001 by 24.4 %. Over the past three years as a whole
this indicator has fallen by 35.9 % compared
with the 1998 level.
349. The number of crimes committed by juveniles related to the
acquisition, possession, transportation or sale of drugs declined
by 36.4 %
between 1998 and 2001 (from 11,179 in 1998 to 7,105 in 2000).
350. The
situation regarding prevention of drug addiction has improved considerably over
the past three years. The Presidential Order
on measures to strengthen the
campaign against the illicit trade in narcotic drugs and psychotropic substances
and their abuse was
issued on 17 September 1998: it set out measures for
the organization of a purposeful anti-drugs campaign and for preventing drug
abuse among young people, and for the establishment of Centres for the
medico-social rehabilitation of drug addicts, primarily juveniles.
A Government Commission has been set up to combat drug abuse and the
illicit drug trade. The federal targeted programme on comprehensive
measures to
combat drug abuse and the illicit drugs trade has been in force and has been
implemented since 1994. In January 2002
it was confirmed for the period
2002-2004. Sufficient funds for this programme began to be available from the
end of 2000. Comprehensive
territorial programmes for preventing abuse of
psychotropic substances and combating illicit dealings in them have been
prepared
and are being implemented in virtually all regions of
Russia.
351. Scientific research has been carried out under the programme
to develop and introduce modern means and methods of preventing
drug abuse and
treating and rehabilitating young addicts, and laboratory equipment for
detecting the presence of drugs in the human
body has been purchased.
Specialized chemical and technological laboratories have been opened in all
members of the Russian Federation
and specialists are being trained to work in
them.
352. A national scientific drug-addiction centre has been set up.
New standards have been developed for the staffing of narcological
establishments. Assistance in drug-abuse matters is provided to juveniles by
288 drug units for children and adolescents (there
were 256 in 1997). In almost
every subject of the Russian Federation narcological units or isolation rooms,
at which social workers
are employed to establish confidential contacts with
children and adolescents directly in the family or on the street and to ensure
cooperation with militia services, the courts and the local administration, have
been opened in adults’ departments. About
2000 specialists in various
aspects of drug addiction among children and adolescents are being trained in
the faculties for the advanced
training of doctors of 36 medical institutes,
universities and academies. Medico-psychological centres have been set up to
provide
specialized help to adolescents with addictive behaviour and various
forms of drug and substance abuse. Narcological rehabilitation
centres (25 per
thousand localities) provide services for both adult and juvenile addicts. The
number of posts in walk-in clinics
for narcologists specializing in addiction
among children and adolescents has more than quadrupled, from 179.75 in 1991 to
737.50
in 2001.
353. The level of alcoholism among juveniles in 2001 was
21.9 per 100,000 juveniles. The figure for harmful consumption of alcohol
by juveniles in 2001 was 827.6 per 100,000.
354. The Criminal Code
establishes liability for encouraging juveniles to become systematic drinkers of
spirits (for details see para.
458 of the second period report).
355. The
draft Fundamental directions of State social policy to improve the quality of
life of children in the Russian Federation
up to 2010 (National Action Plan in
the interests of children) provides for the following measures to prevent abuse
of psychoactive
substances among juveniles: improvement of the legislation
governing the campaign against the illicit drugs trade, prevention of
drug
dependency among juveniles and young people, preparation of legislative and
other legal instruments governing the discovery,
registration, treatment and
rehabilitation of juveniles abusing psychoactive substances and suffering from
drug addiction, and improvement
of the scientific and methodological base,
staffing and information technology available to bodies and establishments
working to
prevent abuse of psychoactive substances among juveniles and young
people.
3. Sexual exploitation and sexual abuse (art. 34)
356. The Russian Federation has obligations under the
Convention for the Suppression of Traffic in Persons and of the Exploitation
of
the Prostitution of Others of 21 March 1950, to which the former USSR acceded on
11 August 1954. On 12 December 2000 Russia signed
the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations
Convention Against Transnational Organized
Crime. The possibility of signing the Optional Protocol to the Convention on
the Rights
of the Child on the sale of children, child prostitution and child
pornography is currently being considered.
357. At the invitation of the
Russian Government, the Special Rapporteur of the United Nations Commission on
Human Rights on the sale
of children, child prostitution and child pornography,
Ms. O. Calcetas Santos, visited the Russian Federation from 2 to 11 October
2000. Her visit made it possible to attract greater attention on the part of
Russian State bodies and non-governmental organizations
to the range of problems
falling within her terms of reference.
358. Russian representatives
attended the Second World Congress against Commercial Sexual Exploitation of
Children, held at Yokohama
from 17-20 December 2001, and the preparatory
conference for it, held at Budapest on 20 and 21 November 2001.
359. The
Criminal Code establishes personal liability for crimes against the person of a
juvenile: rape, sexual relations between
a person who has reached the age of 18
and a person who is known to be under the age of 14, and indecent assault on a
person who
is known to be under the age of 14.
360. The number of
sexual crimes recorded in 2001, including indecent assaults by adults against
children, fell by a factor of 2.7
in 2001 compared with 1998, from 2,002 in 1998
to 729 in 2001. However, this was partly due to the lowering of the
age of sexual
inviolability from 16 to 14.
361. The Criminal Code
establishes criminal liability for enticing a juvenile into prostitution and for
the organization and maintenance
of houses of ill repute for the practice of
prostitution.
362. The Criminal Code prohibits the illicit production
of pornographic materials or objects for the purpose of distribution or
advertising.
A total of 442 offences in this category were recorded in 2001.
The number of cases of the production and distribution of child
pornography over
the Internet rose sharply.
363. On 27 June 2002 the State Duma adopted
the federal law on amendments and additions to the Criminal Code of the Russian
Federation
on first reading. This law provides for the “age of
consent” to be raised from 14 to 16; it also stipulates greater
criminal
liability for crimes related to the commercial exploitation of children and
their use in the pornographic industry and broadens
the range of acts against
the sexual inviolability of minors that are punishable under criminal law,
including the introduction of
new elements of crimes. For the first time, the
law defines the concepts of prostitution and production of a pornographic
nature,
including pornography distributed over telecommunications networks and
visual matter of a sexual nature.
4. Sale, trafficking and abduction (art.35)
364. The Criminal Code establishes criminal liability for the sale of
juveniles (purchase and sale of a juvenile or other transactions
concerning a
juvenile involving his handing over and ownership).
365. Sixteen offences
under article 152 of the Criminal Code (sale of juveniles) were recorded in
2001, and 10 in 2002. Depositions
were made by 53 victims of the sale of
juveniles in connection with the investigation of cases under article 152 of the
Criminal
Code in 2001 and 2002.
5. Other forms of exploitation (art.36)
366. The legislation of the Russian Federation protects children against
other forms of exploitation prejudicial to their rights and
interests, including
the protection of housing and property rights. The interest of the child must
be taken into consideration in
the privatization of a residence. The property
interests of the child are taken into consideration when the parents divorce:
child
maintenance provisions envisage the transfer of a part of the maintenance
to the child’s own account.
D. Children belonging to a minority or an indigenous group (art. 30)
367. Russian legislation provides for the right of every citizen,
including that of the child, to use his or her native language,
to national
culture and to profess his or her religion (see also para. 469 of the second
report).
368. Teaching is available in 38 languages in Russian schools.
About 80 national languages are studied as a subject in 9,000 schools.
In areas
of dense residence of ethnic minorities the number of schools where teaching is
in the native language is increasing.
For example, there are 47 Armenian, 85
Kazakh and 19 Turkmen schools in Russia. In 2002, in 664 general-education
schools in the
Northern, Siberian and Far Eastern regions, about 104,000 pupils
were studying 23 languages of indigenous peoples whose numbers are
small, and
teaching was provided in three languages.
369. The Ministry of Education
is working to expand the access of indigenous peoples to higher education and
vocational training through
the creation of universities and opening of branches
of higher education establishments in areas of dense population of indigenous
peoples. In the Khanty-Mansiisk autonomous region, for example, the Ugorsk State
University has been set up and 11 branches of leading
Russian higher education
establishments have been opened. Eleven such branches have been opened in the
Sakha Republic (Yakutiya),
eight in the Komi Republic, 17 in the Yamalo-German
autonomous region, four in the Chukotsk autonomous region and two in the
Aginsk-Buryatsk
autonomous region.
370. The federal targeted programme
“Children of the North” is an example of the State’s special
protection measures
for children of peoples whose numbers are small. The
measures under this programme affect principally 60,000 children belonging
to 30
Northern indigenous peoples whose numbers are small. The main task of the
programme is to ensure access to basic social benefits
for every child living in
a remote area and extreme natural and climatic conditions. Particular attention
is being devoted to the
introduction of modern educational and health
technologies, taking into account the special features of Russia’s
northern regions.
371. A series of preventive measures is being carried
out: provision to children’s establishments (schools, hospitals,
kindergartens,
etc.) of water purification and disinfectant equipment;
prevention of vitamin and iodine deficiency among children; setting up and
equipment of oral-hygiene surgeries; organization of oral-hygine house visits;
establishment of mobile teams of doctors for preventive
examinations of children
living in remote areas.
372. The following measures are in place in the
sphere of the education and development of children belonging to peoples whose
numbers
are small or indigenous peoples: the introduction of modern educational
technologies and development of remote study; teaching children
about
traditional sectors and trades, inculcating professional skills, and providing
educational establishments with the necessary
equipment for this; preparation of
educational programmes and teaching aids in the native language for pupils at
schools in areas
inhabited by indigenous peoples of the North. Artistic and
reference works are being published, and books are being provided for
school
libraries.
373. The spiritual and cultural development of children
belonging to peoples whose numbers are small or indigenous peoples is helped
by
their participation in interregional, all-Russian and national festivals of
children’s creative work, mass sports competitions
and
shows.
374. Legislative and organizational measures have been adopted to
provide these children with leisure and health facilities in areas
with a
beneficial climate.
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