Transcript State Agency for Physical Education, Sport, Youth Affairs and Child Protection under the Government of the Kyrgyz Republic __________________________ Development of the system.

State Agency for Physical Education, Sport, Youth Affairs and Child Protection
under the Government of the Kyrgyz Republic
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Development of the system for protecting
children’s rights in the Kyrgyz Republic
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Bishkek, Kyrgyz Republic
12-14 May 2009
Constitution of the Kyrgyz Republic
 Article 16 :
 The family is the source of society: family,
fatherhood, motherhood, and childhood are subjects
of concern for all of society and are priorities for
protection by the law;
 The state provides for the upkeep, welfare and
education of orphans and children without parental
care.
Legislative base for regulating the state system for the
protection of the rights and interests of children in the
Kyrgyz Republic
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Constitution of the Kyrgyz Republic;
UN Convention on the Rights of the Child;
Children’s Code of the Kyrgyz Republic;
Family Code of the Kyrgyz Republic, 30 August 2003;
Government Order “On creation of Child and Family Support Departments
and Commissions for Children’s Affairs in the state administrations of districts
and the executive organs of local-self government in the Kyrgyz Republic” (10
June 2008, number 285);
Various Orders (on Commissions for Children’s Affairs, on Child and Family
Support Departments, on Family-type Children’s Homes, on State Boarding
Homes; on Special Educational Institutions);
Government Order 139 of 20 April 2007 (Issues of the State Agency for
Physical Education, Sport, Youth Affairs and Child Protection under the
Government of the Kyrgyz Republic);
Order Number 141-0 on the Child Protection Department of 15 May 2007;
Laws of the Kyrgyz Republic, and also international agreements and other
normative acts of the Kyrgyz Republic.
Specialised Agencies for the Protection of the Rights
and Interests of Children in Kyrgyz Republic
(article 13 of the Children’s Code of the Kyrgyz Republic)
 Specially appointed organ for protecting the rights
and interests of children under the Government of the
Kyrgyz Republic;
 Commissions of Children’s Affairs (CCA);
 Child and Family Support Department (CFSD)
Aim: To provide for the constitutional and legal rights and
interests of children living in the Kyrgyz Republic
Tasks:
 To realise state policy in the field of protection of the rights and legal
interests of children;
 To realise and improve state and national programmes for development
in the field of the rights and legal interests of children;
 Coordination of the activities of ministries, state committees,
administrative agencies, and local government bodies for the
protection of the rights and legal interests of children;
 To define sectors for development of protection of children’s rights.
Basic tasks of the specially appointed organ for the protection of the rights
and interests of children under the Government of the Kyrgyz Republic:
 To realise state policy in the field of protection of the rights, freedoms and legal
interests of children, and national programmes to protect the rights and interests of
children;
 To develop and take part in the development of draft laws and normative acts of the
President and Government of the Kyrgyz Republic, as well as other documents;
 To provide organisational, methodological, and practical assistance to Commissions
for Children’s Affairs and Child and Family Support Departments;
 To create the conditions to strengthen families and childhood;
 To accredit organisations that provide services for children and monitor their
activities;
 To forge international links in the field of childhood and participate in international
exchanges;
 To monitor observance of the rights and legal interests of children on the basis of the
Convention on the Rights of the Child and raise the awareness of the population.
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Presidential Order
(Number 390 of 30 August 2007)
“On Protection of and Support for
Children”
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Extracts from the Order
……For the Government of the Kyrgyz Republic, local state
administrations and the mayoralties to consider as a priority
activity the protection of the rights and interests of children
and as a priority to carry out measures to create socioeconomic conditions for the development of children
……To create Commissions for Children’s Affairs and Child and
Family Support Departments in district state administrations
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Government Order Number 285 of 10 June 2008
“On the Creation of Child and Family Support
Departments and Commissions for Children’s Affairs in
state administrative districts and executive organs of
local self government in the Kyrgyz Republic”
In total 57 CFSDs have been created in 44 state
administrative districts and 13 mayor’s offices of towns
of provincial importance
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Formation of an institutional system for the
protection of the rights and interests of children
(CFSDs, CCAs)
 In 2008, structures were created to be responsible for protection of
the rights and interests of children in district administrations and in
executive agencies of local government (mayors’ offices directly
subordinate to provinces). In total 57 Child and Family Support
Departments and 57 Commissions for Children’s Affairs have been
created. These structures have been provided with technical means
(office equipment, furniture and communications equipment).
 From 3 November to 20 December 2008, in partnership with the
Presidential Academy of Management and with the support of
UNICEF and EveryChild, training seminars were carried out for
CFSD and CCA staff. 224 staff members were trained. In
preparation of the training course, 12 modules of a total of 36 hours
were developed in the field of protection of the rights and interests
of children, and methodology and instruments to fulfill the mandates
of CFSUs and CCAs.
Formation of an institutionalised system to protect the
rights and interests of children (CFSD, CCA)
 The specially appointed organ for the protection of the rights and
interests of children under the Government of the Kyrgyz Republic
with the technical support of EveryChild and UNICEF has developed
and published a compendium in four volumes of legal documents for
Child and Family Support Departments. The compendium includes
legislation regulating the rights of children (in total 27 legal
instruments)
 In the course of the training, 7 round tables were also organised and
carried out for the heads of state administrations of 7 provinces, 44
districts and 12 mayor’s offices on the theme of “Reform of the system
for the protection of the rights and interests of children in the Kyrgyz
Republic.” The deputy governors of 7 provinces took part in the round
tables, as well as 44 deputy heads of district administrations and 12
vice-mayors of towns of provincial status.
Aims and tasks of CFSDs
 To provide for the protection of the civil, economic, social and
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cultural rights, legal interests and freedoms of children
To participate in the development and realisation of state
policy at the local level in the field of protection of the rights,
freedoms and legal interests of children, and the development
and realisation of territorial strategies, plans and programmes
to support families and children.
To assist with the physical, intellectual, psychological,
spiritual and moral development of children, and installing in
them of patriotism and public spirit.
To coordinate and develop the system of services to support
families and children in the region and assist with the
development of this system at the local level.
To coordinate the activities of state institutions and
organisations working on issues of families and children
Functions of CFSDs
 Warning of and prevention of lawbreaking among children and
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taking measures to prevent violence against children in the
family and in children’s institutions;
Identification of children without parental care and children
whose upbringing and care are not being provided for;
Provision of services to protect the rights and legal interests of
children in crisis situations, including preventative services
rehabilitation and services for reintegration with society.
Giving a child a surname, given name and patronymic if both
parents are unknown;
Deciding on the form of support for children without parental
care, as a result of evaluation of the needs of the child;
Choosing guardians, adoptive families or foster families;
Tasks of CFSUs
 To inform children, employers, parents and about legal forms
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of child labour;
To monitor the conditions of care, upbringing and education of
children cared for by the state in educational institutions,
treatment institutions, social protection institutions and other
analogous institutions;
To consider complaints by children, and also responsible
persons, organisations and citizens, of violations of the rights
and legal interests of the child;
To represent the interests of children in criminal investigations,
prosecutors’ offices and courts;
To make court representations for the taking away of parental
rights or the removal of children without the taking away of
parental rights;
To participate in adoption procedures for children by giving
opinions about the validity of adoption.
The state system to protect the rights
and interests of children
DSA
SAPESYACP CPD
Police
DSA - CCA
DED
FMC
DSA - CFSD
LSG
LSG
Families
and
Children
LSG
LSG
ASPP
NGO
LSG
LSG
Work with CFSDs
 Functional analysis for CFSDs carried out;
 Functional instructions for CFSD staff
developed, in accordance with the functions of
CFSDs;
 With the aims of providing methodical and
consultative support among Department staff,
assignment of curatorship of CFSDs;
 Model yearly work plan for CFSDs developed
Partners
 State Agency on Local Self Government
 National Statistical Committee of the Kyrgyz Republic
 Ministry of Labour and Social Development of the Kyrgyz
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Republic
Ministry of Internal Affairs of the Kyrgyz Republic
Ministry of Health of the Kyrgyz Republic
Ministry of Education of the Kyrgyz Republic
Ministry of Finance of the Kyrgyz Republic
Ministry of Justice of the Kyrgyz Republic
State Committee on Migration and Employment of the Kyrgyz
Republic
State Agency on Vocational Training under the Government of
the Kyrgyz Republic
Partners
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Ombudsman of the Kyrgyz Republic
Academy of Management under the President of the Kyrgyz Republic
United Nations Children's Fund (UNICEF)
EveryChild
Save the Children (UK)
SOS-Kinderdorff
International Association of Children’s Funds
Children’s Fund of the Kyrgyz Republic
League of Child Rights Advocates (NGO)
Insan Generation (NGO)
My Family (NGO),
Rehabilitation Centre for Street Children under the Mayor’s Office of
Bishkek
 NGO Network, Children of Tian-Shan (NGO), Association of Disabled
Children and others
Public Council on protecting the
Children’ Rights and Freedom
 Within the framework of implementation of state policy on
using public policy as well as effective collaboration
between the state and private enterprise in order to take
coherent managerial decisions while considering the
interests of all interested parties, it was decided to establish
the Public Council on protecting the Rights and
Freedoms of Children under the specialized body on child
protection;
 A statute on the Public Council have been developed and
approved;
 11 sessions have been conducted.
RISKS
 Absence of mechanisms among state agencies, split system of protection of
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the rights and interests of children;
Absence of clear differentiation of the responsibilities of state bodies
authorized to protect the rights and interests of children;
Expensive institutions are the main form of child protection for children
without parental care;
It is easy for children to be admitted to institutions – there is a lack of
understanding and appropriate measures to prevent institutionalization of
children;
Absence of a system to deal with children who are in critical situations;
Limited development of social services and approved minimal social
standards and lack of coordination of these;
Absence of secondary legislation to protect the rights and legal interests of
children;
High level of violation of rights and legal interests of children in the
country;
FCSD not an independent legal body.
Perspectives
 Enhancement of the legislation of the Kyrgyz Republic in order
to meet international norms, introduction of different types of
facilities;
 Development of an effective mechanism for interagency
coordination for the observance of children’s rights;
 Provision of access for children to services, strengthening and
developing services at local government level;
 Development of mechanisms to prevent institutionalization of
children and introducing a gate keeping mechanism;
 Development of evaluation tools to evaluate the situation of
children and families
Measures taken along these lines
The following projects have been developed:
 Regulation on child protection system;
 Regulation on inserting changes and addendum into the Regulation on
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putting children without parental care up for adoption;
Regulation on Foster Families;
Standards on Foster Care;
Regulation on Child Care Centres;
Regulation on Centre to support children with special needs (mental and
physical disabilities);
Mandatory standards for boarding institutions for orphans and children
without parental care;
Standards for institutions for children with special needs;
Regulations on Foster Families.
Measures taken along these lines
The following projects have been developed :
 Regulation on accreditation system for organizations providing
social services to children in the Kyrgyz Republic;
 Draft Plan of Action on protection of and care for children and
their families and creating favourable conditions for
developing modalities for family care for 2009 -2010;
 Regulation on accreditation procedures for organizations
providing social services to children in the Kyrgyz Republic;
Measures taken along these lines
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The following projects have been developed :
Law “On state database of children without parental care»;
Regulation on the registration of people who would like to
adopt children;
Law “On inserting changes into the Criminal Code of the
Kyrgyz Republic”
Law “On inserting the changes and addenda into the “Law on
social and legal protection against domestic violence””
Instructions on the system and timeframe for storing
documentation in Child and Family Support Departments;
Perspectives for Development
For FCSDs:
 Developing effective systems of collaboration
between FCSDs and national and local government
structures;
 Developing a system of indicators to evaluate the
work of FCSDs and CCAs;
 Training FCSD and CCA specialists in 2009-2010;
 Annual evaluation of the activities of FCSDs and
CCAs
Perspectives for Development
Deinstitutionalization of children:
To develop and approve a state programme on deinstitutionalization of state
boarding institutions for orphans and children with special needs;
 To adopt regulations on alternative forms of care and guardianship (foster
families, child protection centres)
 To develop and approve standards for monitoring the institutional care of
orphans and children without parental care;
 To develop and approve additional measures to support families with
children, creating favourable conditions for child development, preventing
abandonment of children and developing family types of care in the cities and
regions of the republic;
To develop criteria to select personnel to work with children, and methods to
evaluate the suitability of personnel to work with children;
To develop a support programme for foster and tutorial families;
To establish an electronic database of children in institutional care.
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Perspectives for Development
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Protection of the rights of children:
To inventorise the conformity of national legislation with the
Children's Code and the CRC;
To develop a legislative basis and mechanism for creating a
centralized computer database on families and children at risk;
To conduct training for district heads and local government on
child protection and best practice in advocating for children;
To develop a systematic mechanism to identify children and
families at risk;
To prepare an inventory of the property rights of children and
adolescents in state care;
To develop systematic mechanisms to identify children and
families at risk.
Perspectives for Development
 To develop and implement a system to evaluate resources
required to meet the needs of children and families;
 To develop and approve a programme of legal
education for children and young people, and provide
support in upholding their rights;
 To develop proposals to establish juvenile courts;
 To introduce methodology on working with children
and families at risk into the training programmes of
specialists that train social workers
Thank you for your
kind attention!
Speaker:
А.Voinov – Director of the State Agency on Physical Education
and Sport, Youth Affairs and Child Protection under the
Government of the Kyrgyz Republic