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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/65/Add.15 26 September 2001 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Periodic reports of States parties due in 1997
BELARUS*
[Original:
RUSSIAN]
[20 May 1999]
____________
*
For the initial report submitted by the Government of Belarus, see
CRC/C/3/Add.14 for its consideration by the Committee, see documents
CRC/C/SR.124, 125, 126 and 130.
GE.01-44853 (E) 131101
CONTENTS
Paragraphs Page
I. GENERAL
MEASURES OF IMPLEMENTATION 1 - 41 3
II. DEFINITION OF THE CHILD 42 -
57 13
III. GENERAL PRINCIPLES 58 -
75 16
A. Non-discrimination 58 - 65 16
B. Best interests of the
child 66 - 74 17
C. Respect for the views of the child
75 19
IV. CIVIL RIGHTS AND FREEDOMS 76 - 98 19
A. Name and
nationality 76 - 86 21
B. Freedom of thought, conscience and religion
87 - 89 21
C. Freedom of association and of peaceful assembly 90 -
93 21
D. Access to appropriate information 94 - 98 22
V. FAMILY
ENVIRONMENT AND ALTERNATIVE CARE 99 - 134 23
A. Parental guidance
99 - 102 23
B. Parental responsibilities 103 24
C. Separation
from parents 104 - 115 24
D. Family reunification 116 -
119 26
E. Children deprived of a family environment 120 -
126 27
F. Adoption 127 - 133 29
G. Abuse and neglect, including
physical and psychological
Recovery and social reintegration
134 31
VI. BASIC HEALTH AND WELFARE 135 -
188 31
A. Disabled children 135 - 139 31
B. Health services
140 - 176 32
C. Social security and childcare services and facilities
177 - 181 40
D. Standard of living 182 - 188 41
VII. EDUCATION,
LEISURE AND CULTURAL ACTIVITIES 189 - 242 43
A. Education, including
vocational training and guidance 189 - 220 43
B. Leisure, recreation and
cultural activities 221 - 242 50
VIII. SPECIAL PROTECTION MEASURES
243 - 287 55
Conclusion 288 62
I. GENERAL MEASURES OF IMPLEMENTATION
1. The Convention on the Rights of the Child was
ratified by the Supreme Council of the Republic of Belarus on 28 June 1990 and
came
into force on 30 October of the same year.
2. Belarusian policy
on children sets the comprehensive, guaranteed protection by the State and
society of the child, the family and
motherhood in the present and future
generations as its most important political and socio-economic goal. This goal
is stated in
article 32 of the 1994 Constitution (as amended in 1996)
and is pivotal to the Rights of the Child Act, based on the Convention on the
Rights of the Child, that was
adopted by the Supreme Council of Belarus on 19
November 1993. The Act defines the child’s legal status as that of an
independent
subject; it seeks to ensure that children are physically and morally
healthy and to shape a national self-awareness based on the
common values of
human civilization. It guarantees special attention and social protection for
children whose mental or physical
development is untypical, children deprived of
a family environment and children in other unfavourable conditions or extreme
circumstances.
3. As on 1 January 1998 there were 2,558,300 children -
25.53 per cent of the population living in Belarus. Their welfare
depends
on conditions within society, on the socioeconomic and demographic
situation on the concern shown for them by the State and on how,
in concrete
terms, the requirements of international accords calling for priority to be
given to children’s rights and interests
are respected. Belarus has
suffered a notably unfavourable demographic situation since 1993, and the total
number of children is
declining. Over the period 1994-1997 the number fell
by 206,100: 41,800 in 1994, 49,600 in 1995, 54,500 in 1996 and 60,200 in 1997.
As a result the proportion of children (aged 0-17 years) in the overall
population dropped from 27.19 per cent in 1991 to 25.53
per cent in
1998.
4. A number of measures have been taken to give effect to the
Convention on the Rights of the Child and the Rights of the Child Act,
with due
regard for the recommendations made by the Committee on the Rights of the Child
on the basis of its consideration of the
initial report of Belarus. First, a
comprehensive national action plan for the protection of the rights of the child
1995-2000 covering
all aspects of life of the upcoming generation (hereinafter
referred to as the National Plan) was approved by Presidential Decree
No. 150 of
19 April 1995. Action under the National Plan is coordinated by the Ministry of
Education. Senior officials in ministries,
other central government bodies and
executive bodies bear personal responsibility for implementing measures: to
this end, regional
programmes have been drafted and approved in the ministries,
provincial and district (municipal) executive committees and academic
establishments, and the results are assessed annually.
5. Second, the
National Commission on the Rights of the Child was created and its rules of
procedure and membership confirmed by Presidential
Decree No. 106 of
18 March 1996. The Commission is a central public body whose task it is to
coordinate the execution of State policy
towards children. It is headed by the
Deputy Prime Minister. His functions consist in monitoring observance of the
rights of the
child laid down in the Convention on the Rights of the Child and
the Rights of the Child Act; coordinating the work of the ministries,
other
central government agencies and local executive authorities; designing and
carrying out programmes to support children in accordance
with established
procedure; keeping children, parents and the general public extensively informed
about compliance with the Convention
and the Act; organizing various events,
including national charitable functions, and so forth. It has been given
corresponding powers,
and at its first meeting Semya (“The
Family”) was confirmed as its official press organ.
6. Since 1995,
in accordance with the National Plan, a special course on the rights of the
child has been taught at all educational
institutions from the school level up
to teacher-training and law faculties and post-graduate teacher-training
colleges. During
the academic year 1998/99, a special course on human
rights was given at general, technical secondary and specialized middle schools
and higher educational establishments. The syllabus of these courses aims at
acquainting students with virtually all the regulatory
instruments affording
international legal protection to the rights of the individual, including
children, and with national law protecting
human rights and the rights of the
child within the country. The topic of the rights of the child and human rights
is now routinely
aired in the course of normal education, in extramural
activities, at parents’ meetings and lectures, in newspapers and
magazines,
radio and television broadcasts and in people’s daily lives.
Wording from the Convention and the Rights of the Child Act appears
in statutes,
charters, declarations, school constitutions and the activities of
children’s councils and parliaments and youth
movements.
7. Between
1995 and 1997 many primers and pamphlets on problems encountered on the
“Rights of the Child” course were published
for teachers, children,
parents and the general public by the Ministry of Education and the National
Institute for Education in cooperation
with the United Nations office in
Belarus, the United Nations Children’s Fund (UNICEF), the Belarus Helsinki
Committee and
the Belarus non-governmental Institute of Jurisprudence; a video
film, “Your Rights”, was also made. The most recent
textbook,
100 Lessons on the Rights of the Child was published in 1998. All these
publications (approximately 20,000 copies) reproduce the texts of the Convention
on the Rights
of the Child, the Rights of the Child Act and the National Plan.
A textbook entitled Protection of Children’s Rights in Belarus, now
under preparation, will also include the text of the Convention and the Act.
The Faculty of Philosophy and Cultural Studies
at the national High School
Institute, Belarus State University, has offered teachers of the rights of the
child and human rights
courses a permanent seminar on teaching methods entitled
“Teaching human rights in Belarus” since 1996 and held seminars
on
teaching the rights of the child course for social workers and other
specialists. The foundations are being laid for students
to acquire a grounding
in law in the light of international legal documents.
8. In December 1995
the Ministry of Education, the State Press Committee, the broadcaster
Belteleradiokompania and the Ministry of
Culture held a national-level meeting
with journalists on “press coverage of children’s problems in the
light of the
United Nations Convention and the Rights of the Child Act”.
The upshot was special columns on children’s rights in a
number of
Belarusian periodicals; in 1995 a competition was announced for the best
publication in defence of the rights of the child
and this was continued in
1996-1998. The results of the competition are announced on the eve of the
International Day of the Child,
an occasion for wide-ranging events for children
all over the country. The Ministry of Education, the Belarusian
Children’s
Fund and the Social Assistance Fund for Belarusian Children and
Adolescents, “My-detyam”, mount an annual charitable
event,
“Our Children”, in aid of orphans, disabled and sick children. In
this way, the attention of governmental bodies
and nongovernmental organizations
is drawn to children’s problems (health, nutrition, leisure, education
etc.)
9. The National Plan contains a section on the legal enforcement of the
Rights of the Child Act. A series of pieces of legislation
(called for in
the National Plan and elsewhere) were adopted in 1995-1998, providing the legal
basis for compliance with the Convention
on the Rights of the Child in
Belarus.
10. Presidential Decree No. 3 of 8 January 1998 outlining the
development of a children’s movement in Belarus aims at providing
favourable conditions for children’s upbringing. The Ministry of
Education and the State Youth Affairs Committee have been
assigned to devise, in
cooperation with other interested organizations, a series of measures for
fleshing out the outline in Belarus.
11. The Presidential “Children
of Belarus” programme (with subprogrammes “Children of
Chernobyl”, “Disabled
children”, “Orphans”,
“Development of social services for families and children”,
“Development
of the baby-food industry”), approved by Presidential
Decree No. 3 dated 6 January 1998, is also intended to uphold children’s
rights and afford children welfare protection.
12. The “Children of
Chernobyl” subprogramme includes a series of measures to provide children
who suffered in the Chernobyl
disaster with various types of assistance, supply
them with food that has medicinal properties, arrange education, carry out
research
etc.
13. The “Disabled children” subprogramme covers
preventive measures against disabilities in children, the development
of a
system of rehabilitation programmes fostering creative activities among disabled
children and encouraging them to take up jobs
and sporting activities; the
production of special-purpose apparatus and training of specialists for work
with sick children; and
the organization of research.
14. The
“Orphans” subprogramme lists measures to help prevent children being
abandoned, develop the physical, legal and
methodological capacities to be able
to look after orphaned children in appropriate conditions and improve their
physical and mental
health, settle them with families, increase the number of
medical and educational rehabilitation facilities, and train staff to work
with
orphans.
15. The objective of the “Development of social services
for families and children” subprogramme is to set up, operate
and develop
a superior system of institutions of a new type offering services to families,
women and children. The subprogramme
calls for the formulation of a modern
regulatory framework for social services and sound operating procedures for
institutions working
in this sphere, which are to receive the full support of
the State at the local and regional levels.
16. The “Development of
the baby-food industry” subprogramme seeks to provide children with sound,
restorative nutrition;
there are plans to refit and rebuild baby-food factories,
arrange supplies of raw materials for the production of environmentally
clean
products and develop a new range of baby foods for both healthy and sick
children.
17. Presidential Decree No. 46 of 21 January 1998 approved the
“Basic objectives of family policy in Belarus” (referred
to below as
“Basic Objectives”). According to this document, one principle of
State policy toward families is to ensure
the survival and protection of every
child, and creating conditions in which it can develop physically,
psychologically, morally,
intellectually and socially to the full irrespective
of family or parental status.
18. Targets set in the Basic Objectives
include reducing the number of orphans, providing an upbringing for orphans and
children lacking
parental care, enabling disabled children to be brought up
within families and subsequently integrated into society, and reducing
the
incidence of child neglect and delinquency among children and
adolescents.
19. The basic objectives list the following steps to be
taken:
− Honouring State guarantees of general education, vocational training and subsequent job placement for minors, particularly orphans and children lacking parental care;
− Providing additional financial support, assistance in kind and services to needy families with children;
− Maintaining preferential treatment in the provision of housing for young families with several children, orphans reaching adulthood and children lacking parental care;
− Developing a network of pre-school establishments under different forms of ownership with flexible opening hours (evenings, during school hours, official days off etc.), of various types (crèches, kindergartens, kindergarten-crèches, child development centres, local pre-school centres) and profiles (general-purpose or with special emphasis on workbased activities, care and rehabilitation, remedial etc.);
− Providing opportunities for children with special needs in their psychological and physical development to be taught at general educational institutions;
− Developing a network of special institutions for disabled children;
− Maintaining free medical care for children;
− Developing a systematic approach to the needs of disabled children and the creation of conditions enabling them to be rehabilitated and integrated into society; improving welfare provision for families bringing up disabled children;
− Setting up a system to prepare young people for marriage and family life;
− Creating specialized educational and medical bodies offering training and care inter alia for young offenders whose mental or physical development is untypical;
− Promoting healthy living among family members and positive examples of family upbringing, banning advertisements depicting cruelty, violence, pornography, alcohol and cigarettes.
20. A whole series of
legislation has been adopted in recent years to improve the status of children
and set up a system for working
with the upcoming generation. It
includes:
− An Act dated 2 July 1997 amending the State Benefits for Child-raising Families Act: this introduces a new system for calculating allowances, using a minimum consumer budget instead of the minimum wage used before;
− An Act dated 5 May 1998 amending the Housing Privatization Act: a new section in article 15 states that “private title to housing occupied by orphans and children lacking parental care aged under 15 years with no adult family member present shall be vested in the children upon application by their guardian, with the prior agreement of the tutelage and guardianship bodies or at the initiative of those bodies. Title to housing occupied by orphans and children lacking parental care aged between 15 and 18 years with no adult family member present shall be vested in the children upon application by the latter with the agreement of their guardian and the tutorship and guardianship bodies. When orphans and children lacking parental care are placed in a foster (host) family, a familytype or other children’s home, a boarding school or other educational establishment at State expense, the tutelage and guardianship body must over the course of six months consider the possibility of vesting in their private title to housing of which they are the sole occupants and, where necessary, take steps to register the privatization and dispose of the privatized property in the interests of the children.”
− Presidential Decree No. 321 of 23 August 1996 on the maintenance of free health care for children and adolescents living in settlements previously classified as radioactively contaminated zones;
− Presidential Decree No. 392 of 12 August 1998 on assistance to families with adopted children;
− Cabinet of Ministers decision No. 83 of 7 February 1996 on compensation for the cost of maintaining children receiving State support;
− Cabinet of Ministers decision No. 334 of 22 May 1996 establishing a national children’s oncology and haematology centre;
− Cabinet of Ministers decision No. 350 of 3 June 1996 approving the Provisional Regulations on adoption and award of care (guardianship) over Belarusian citizens lacking parental care to citizens of another country;
− Cabinet of Ministers decision No. 593 of 27 May 1997 approving the Regulations on the procedure for granting one paid day off per week to working mothers with three or more children or a disabled child under 16 years of age, and to single mothers with two or more children of similar age;
− Cabinet of Ministers decision No. 113 of 25 August 1997 clarifying the arrangements whereby children can recuperate and receive medical care outside Belarus;
− Cabinet of Ministers decision No. 1136 of 20 July 1998 approving the Model Regulations governing district social service centres for families and children;
− Cabinet of Ministers decision No. 1129 of 20 June 1998 on spa treatment for disabled children up to the age of 18;
− The regulations of October 1997 on local tutors working with children, adolescents and young people;
− The model regulations of 2 October 1997 on local centres working with different target groups of children, adolescents and young people;
− The arrangements dating from 30 June 1997 for providing children from deprived families, invalids and pension recipients with discount-rate or free physiotherapy services;
− An instruction dated 17 April 1997 on protection for the lives and health of children in pre-school institutions;
− The regulations governing the national adoption centre (order No. 473 of the Ministry of Education dated 21 August 1997), diagnostic and rehabilitation centres (order No. 228 of the Ministry of Education dated 3 August 1994), the integration of teaching for children whose mental or physical development is untypical into the ordinary school system (order No. 327 of the Ministry of Education dated 18 August 1995), and the instructions on the provision of individual tuition at home for sick children, children whose mental or physical development is untypical and disabled children (order No. 11-4/296 of the Ministry of Education dated 1 June 1995).
21. The implementation of the
Convention on the Rights of the Child, the Rights of the Child Act and the
National Plan over the period
1995-1997 was discussed at the Procurator’s
Office, the Supreme Court, various ministries and other State bodies and at
meetings
of local executive and administrative authorities. Action under the
National Plan was discussed in 1996 at a Government coordinating
meeting
attended by the heads of all the relevant ministries, other national-level State
bodies, local executive committees, the
City of Minsk executive committee and
many voluntary organizations. In December 1996 the Ministry of Education
assessed progress
in implementing the Rights of the Child Act and the National
Plan in Brest province and found that the results of efforts by the
bodies
responsible for child protection in the oblast were generally
positive.
22. Despite all the efforts being made, however, some problems
continue to worsen. The public is particularly worried at the growth
in
juvenile crime, which has many causes. Under the pressure of social and
economic changes industrial output is being cut, unemployment
is on the increase
and the social standing of families with children is declining. The family is
in deep crisis: the numbers of
one-parent and unhappy families are increasing
along with the numbers of families whose morals and senses of values have been
distorted.
23. One way out of the situation is to set up a system
providing children, particularly those with difficulties fitting into society
or
who are in extreme circumstances, with suitable protection and support.
Positions for psychologists and social workers are being
created at educational
establishments and the first social education services, rehabilitation and
consultation centres, hotlines
and temporary shelters for children have been set
up. A regulatory framework is being established to broaden the social support
infrastructure. A social services bill devotes particular attention to
families, children and citizens fallen on hard times. Experts
on family and
gender issues have been brought in to work in local executive and administrative
bodies.
24. Other problems also demand urgent solutions in line with the
Convention on the Rights of the Child. These stem from the need
to cope with
the aftermath of the Chernobyl disaster, to rescue the country from the current
economic crisis and reduce unemployment.
The law needs to be amended, new
regulations drawn up and existing laws implemented. Work is continuing in this
direction.
25. The Belarusian Parliament has passed in second reading a
new Civil Code that, compared with existing legislation, considerably
increases
the rights of minors.
26. Under article 3 of the new text, “civil
law as defined in other laws must conform to the present Code”. Given the
adoption of the new Code, the draft Marriage and Family Code that had been
formulated will have to be revised.
27. According to the 1998 legislative
timetable, amendments are scheduled for the following bills concerning social
development issues:
− Welfare protection for citizens affected by the Chernobyl disaster;
− Protection of disabled people in the Republic of Belarus;
− Fundamentals of State social insurance.
28. A
legislative timetable for 1999 has been drafted. To monitor the actual
implementation of the Convention on the Rights of the
Child, amendments are
proposed to the Rights of the Child Act. To ensure that Belarusian law is fully
consistent with article 15
of the Convention, the timetable also includes a bill
to amend the Voluntary Associations Act.
29. In order to meet
children’s needs more fully, we need a clear picture of the situation
relating to children. A number of
different studies are being carried out for
this purpose in Belarus, with the publication of statistical data. For
instance, every
year the Ministry of Education and the Belarusian
Children’s Fund issue a brochure entitled “The situation of children
in the Republic of Belarus”. Since 1997 the Ministry of Education has
been financing scientific research on the issue of child
protection under the
19952000 National Plan of Action for the Protection of Children’s Rights.
The most ground-breaking work,
however, was probably that done in 1994-1995,
culminating in the issue of the 1995 national report on children and women in
Belarus:
today and tomorrow. The report was produced by a group of specialists
from all the ministries and agencies concerned, as well as
voluntary
organizations - the ministries of education, labour, health and statistics, the
National Academy of Sciences of Belarus,
the Belarusian Children’s Fund,
etc. The coordinators for Belarus were Ms. E.A. Sivolobova and the
Council of Ministers, and
for UNICEF, Ms. Rebecca Belanger. Experts
said that the report offered a realistic and comprehensive picture of the
situation of
Belarusian children in a time of profound social and economic
change, observing at the same time that wider access to a range of
information
was necessary for a more comprehensive analysis of the situation of children in
the Republic of Belarus.
30. In particular, gender-based processing of
statistical data, i.e., with a breakdown by age and sex, is still in its
infancy. For
this reason, it is difficult in this report to meet all the
requirements stated in the general guidelines regarding the form and
content of
periodic reports, since the statistical services do not always take account of
factors such as age, sex, national, ethnic
and social origin, family situation
and place of residence.
31. The issue of children’s rights is aired
at various different levels. In June 1998 there were parliamentary hearings on
human rights, in which considerable emphasis was placed on the rights of the
child in speeches by members of the House of Representatives
of the National
Assembly, representatives of government agencies and voluntary organizations,
and academics. For example, the Procurator-General
of the Republic, Mr. O.A.
Bozhelko, reported on the findings of an investigation by his office into the
decision by a college administration
to refuse entry to a young person, thereby
violating article 19 of the Rights of the Child Act. Justice was restored in
respect
of the young person concerned.
32. Courts are increasingly
adopting the practice of considering cases by reference to provisions of the
Convention on the Rights
of the Child and the country’s own Rights of the
Child Act. For instance, in July 1998 in Brest the district court heard
a case
concerning the transfer of a 12year-old child to the mother’s custody.
Invoking the Convention on the Rights of the
Child, and having regard to the
boy’s own interests, the court decided, in accordance with article 66 of
the Marriage and Family
Code, to grant the mother’s application, which
coincided with the child’s wishes. The staff of a local education
department
took legal action to defend the honour and reputation of a pupil at
one of the schools in the Lyakhovichi district of Brest province.
The
application to the court invoked both the Education Act and the Rights of the
Child Act (art. 9). Those responsible were dismissed from the
school.
33. As already noted, action to protect the rights of the child
in Belarus in the years 19941998 reflected the recommendations and
proposals of the United Nations Committee on the Rights of the Child, which
stressed the need for a stronger involvement of non-governmental
organizations.
Over 100 non-governmental organizations are now playing an active part in
implementing the provisions of the Convention
on the Rights of the Child and the
periodic evaluation of the results achieved at the national and regional levels.
The most authoritative
of these are the Belarusian Children’s Fund, the
Social Assistance Fund for Belarusian Children and Adolescents, the Children
of
Chernobyl Committee, Independent Children’s Aid, Nadezhda Express, the
national associations of parents of disabled children
and of large families,
etc. Representatives of these organizations belong to the National Commission
on the Rights of the Child.
They participate actively in campaigns in support
of children, in devising and implementing educational programmes and in drafting
and discussing new
legislation. They have also been involved in discussing the content of this
periodic report. The further development of cooperation
between government
agencies and voluntary organizations is one of the strategic goals of the State
in protecting the rights of the
child.
34. The Republic of Belarus is
endeavouring to resolve issues relating to the protection of the rights and
interests of the child
at the international as well as the national level. On
13 November 1997 the Act on accession to the Convention on the Civil
Aspects
of International Child Abduction, adopted in 1980 at the fourteenth
session of The Hague Conference on Private International Law,
was passed into
law. Under article 2 of the Act, the central authority for the purposes of this
Convention is the Ministry of Justice
of the Republic of Belarus. Presidential
Decree No. 429, on signing the Convention on Protection of Children and
Cooperation in
Respect of Inter-country Adoption, adopted in 1993 at the
seventeenth session of the Hague Conference on Private International Law,
was
signed on 20 August 1997. We should also mention the accession by the Republic
of Belarus to the Convention on the Recovery
Abroad of Maintenance, adopted on
20 June 1956 (Presidential Decree No. 386 of 27 September 1996), which
provides arrangements for
obtaining the support necessary for a child’s
development within the financial means of parents who live in different
countries.
35. On 8 July 1998 the International Treaties Act was adopted.
According to article 15 of the Act, generally recognized principles
of
international law and the norms of international treaties of the Republic of
Belarus which have entered into force form part of
the law in force in the
territory of the Republic of Belarus. This means that, once the Act enters into
force, the status of the
Convention on the Rights of the Child changes, and it
becomes part of current law. As a result courts in the Republic of Belarus,
when dealing with specific cases, can directly invoke the provisions of
international treaties if a conflict arises between the rules
of international
law and the domestic law of Belarus.
36. Accession by Belarus to
international treaties, especially those relating to children, the adoption of
national legislative instruments
and action plans for implementing them, and
public awareness of these measures have made it possible to frame priorities for
State
policy in the field of education and child-rearing.
37. In
1993-1998 Belarus cooperated actively with international organizations and a
number of countries (Belgium, Denmark, Germany,
Italy, Netherlands, Sweden,
United States of America, etc.). This cooperation is developing mainly
along the following lines: an
exchange of experience of the work of government
and voluntary agencies in implementing the provisions of the Convention; holding
joint seminars, courses and conferences; the training and retraining of
specialists in the problems of child protection; the education
and social
rehabilitation of disabled children and children with special needs in their
mental or physical development; treatment
and therapy for children; and
intercountry and national adoption. Cooperation with Sweden has proved
especially fruitful; the participating
agencies were the University of
Stockholm, the Swedish State Council on International Adoption (NIA), the
Adoption Centre in Stockholm,
the Ministry of Education of Belarus and the
Belarusian State Pedagogical University. Over the period 1994-1997 five joint
projects
were carried out, to the value of about
5 million Swedish kronor. These included courses and seminars
for Belarusian specialists
on such topics as
protecting the rights of children in alcoholabusing families, protecting the
rights of child victims of the Chernobyl disaster, social
policy on children and
families, etc. The Government of Sweden financed the projects.
38. Since
1993 an international social welfare organization called “Nadezhda
Express” “Hope Express” has been
working in Belarus. Its
leading programmes are “Mother and child” and “Meeting
halfway”. In 1997 and 1998
the funding for the “Mother and
child” programme, which supports children up to the age of one year living
in contaminated
areas, came to about 1.7 million United States
dollars.
39. UNICEF has given Belarus a great deal of assistance in
improving the situation of children. Its work in Belarus began with a
contribution to the preparation and publication in 1994 of the national
report “Children and women in Belarus: today and tomorrow”.
In
subsequent years it cooperated with the Government and with non-governmental
organizations in providing humanitarian assistance
and supplying medical
equipment, vaccines and medicines to maternity homes and children’s
hospitals; special equipment for
disabled children; and clothing, school
supplies, teaching materials, sports equipment and much more for boarding
schools in the
Chernobyl-affected area. In March 1997 the Belarusian field
office of UNICEF was set up. Since then, UNICEF has reoriented its
activities
to supporting programmes and projects to protect the rights and interests of
children which have been developed in conjunction
with State and voluntary
organizations.
40. Since October 1997 joint programmes on such issues as
the rights of the child, the health and development of young people and
the
children of Chernobyl have been implemented in Belarus with the support of
UNICEF. As part of these programmes, roundtable discussions
have been held on
current problems in Belarus which affect the situation of children, and training
seminars and courses to prepare
specialists for work with children in need of
assistance and support. A variety of informational materials highlighting
aspects
of the protection of children’s rights has been published and
distributed among children and interested persons, representatives
of State
organizations (doctors, teachers, social workers and staff of law enforcement
agencies) and voluntary associations. The
programmes also cover the work of
youth centres and other centres. In addition, humanitarian assistance has been
provided to institutions
run by the Ministry of Education. Allocations under
all these heads came to US$ 254,805 in 1996, US$ 633,071 in 1997, and
US$ 930,685
in 1998, making a total of US$ 1,818,561.
41. The
public in Belarus is kept regularly informed of progress in implementing the
provisions of the Convention. The initial report
of Belarus, and the concluding
observations of the United Nations Committee on the Rights of the Child, have
been published in a
number of periodicals and educational handbooks. The
present periodic report is planned for publication as a separate
brochure.
II. DEFINITION OF THE CHILD[*]
Prosecution for criminal and administrative offences
42. The general principles governing the
prosecution of minors are laid down in the Rights of the Child Act and are
regulated in detail
by the Criminal Code and the Code of Criminal Procedure of
the Republic of Belarus. Under article 22 of the Criminal Code, the death
sentence may not be imposed on persons under the age of 18 at the time of the
offence. Persons who have committed an offence when
under the age of 18 may not
be sentenced to life imprisonment (art. 22 (1) of the
Code).
43. The general rule is that criminal liability may be incurred by
persons aged 16 and over when the offence is committed. Those
committing an
offence when aged between 14 and 16 may incur criminal liability for certain
grave offences (murder, rape, assault
with intent to rob, and
robbery).
44. Under article 23 of the Criminal Code, deprivation of
liberty is imposed for periods ranging from 6 months to 10 years and, for
especially grave offences, offences with especially grave consequences, and
especially dangerous repeat offences as defined by the
Code, for periods of up
to 25 years. For criminal penalties handed down on persons who had not reached
the age of 18 when their
offences were committed, the period of deprivation of
liberty may not exceed 10 years. Persons sentenced to deprivation of liberty
or
to punitive deduction of earnings for offences committed when under the age of
18 may be conditionally released before the full
term has been served, or have
the undischarged portion of the sentence commuted to a milder form of
penalty.
45. Under articles 12 and 13 of the Administrative Offences Code
of the Republic of Belarus, administrative liability may be incurred
by persons
who had reached the age of 16 when the unlawful act was committed. The measures
prescribed in the regulations of the
commissions for the affairs of minors
(sect. VIII, para. 252) are applied to persons aged between 16 and 18 who have
committed administrative
offences.
46. Under articles 145 and 160 of the
Administrative Offences Code, it is a punishable offence to sell or buy
alcoholic beverages
on behalf of persons under the age of 21, or for parents or
others to cause a minor to become intoxicated.
Sexual relations
47. It is a criminal offence under the Criminal
Code knowingly to engage in sexual relations or lewd conduct with a person under
the
age of 16.
Conscription into the armed forces, participation in military activities
48. Under the Universal Military Duty and
Military Service Act, Belarusian citizens aged between 18 and 27 may be called
up for fixed-term
military duties in peacetime. When mobilization and
subsequent conscription are declared in wartime, persons subject to compulsory
military service and conscripts may be called up from the age of 18 up to the
upper age limit for reservists determined by this Act.
In wartime the President
of the Republic may lower the age of conscription and raise the upper age limit
for reservists.
Civil law relations
49. Under article 447 of the Criminal
Code, liability for damage caused by a minor is borne by the parents, adoptive
parents or guardians
of the minor (or by educational institutions,
children’s homes or medical establishments, if the minor was in their care
at
the time the damage was done). Minors aged between 15 and 18 are liable for
damage under the usual conditions. If they have no
assets or earnings,
compensation for material damage must be paid by their parents, adoptive parents
or guardians.
50. In the Criminal Code adopted at second reading,
the list of circumstances in which full legal capacity may be reached before the
age of 18 was extended to cover the following:
− If the minor has been emancipated, from the time the decision on emancipation was taken, a minor who has reached the age of 16 may be declared to have full legal capacity if he or she is working under a contract of employment, or is engaged in selfemployment with the consent of his or her parents, adoptive parents or guardians. The declaration of a minor’s full legal capacity is made by a decision of the tutelage and guardianship authorities with the consent of both parents or adoptive parents or the guardian and, in the absence of such consent, by court order. The parents, adoptive parents or guardian are not liable for the debts of an emancipated minor, including debts arising from damage caused by such minor;
− For the purpose of minor everyday transactions and the like (transactions undertaken, without remuneration, to generate profits not requiring notarial certification or State registration; transactions for the disposition of funds provided by a legal representative or, with the latter’s consent, by a third party for a specific purpose or for the recipient to dispose of at will). These transactions may also be carried out independently by minors aged under 14;
− In making deposits to credit institutions and disposing of them according to law;
− On reaching the age of 16, minors may also join cooperatives.
Employment and recruitment
51. Under article 173 of the Labour Code,
no contract of employment may be concluded with persons below the age of 16.
With the written
consent of one of the parents (tutors or guardians) a contract
of employment may be concluded with a minor who has reached the age
of 14.
Medical treatment
52. The law of the Republic of Belarus
does not place any age restrictions on the right of citizens to have access to
information about
their state of health. Under article 7 of the Health Care
Act, every citizen has the right to receive full and accurate information
about
the state of his or her health. In addition, under article 4 of the Act every
citizen has the right to undergo medical examinations
and to receive medical or
other health care in any health establishment, depending on its type and
capacity.
53. On the subject of medical intervention it is necessary to
add that surgical operations, blood transfusions and complex diagnostic
procedures may only be carried out on persons under the age of 18 with the
consent of their immediate relatives, tutors or guardians.
In the event that a
delay in carrying out a surgical intervention, blood transfusion or complex
diagnostic procedure poses a threat
to the life of the patient, and it is
impossible to obtain the consent of these persons, the decision is taken by a
panel of doctors,
or by the doctor in charge if a panel cannot be convened.
Participation in voluntary organizations
54. According to article 9 of the
Voluntary Organizations Act, citizens who have reached the age of 16 may join
voluntary organizations.
Persons who have not reached that age and have the
written consent of their legal representatives may join such organizations if
their rules so provide. With a view to bringing the Act into conformity with
the rules of the Convention on the Rights of the Child,
proposed amendments to
the Act have been included in the draft programme of bills for 1999.
Choice of religion or attendance at religious schools
55. Under article 8 of the Freedom of
Religions and Religious Organizations Act, the State system of education and
upbringing in the Republic
of Belarus is secular and does not seek to foster any
particular attitude to religion. Access to different kinds and levels of
education
is provided for citizens irrespective of their attitude to religion.
Under article 3 of the Act, every citizen freely determines
his or her attitude
to religion, and is entitled, individually or in community with others, to
profess any religion or none, and
to express and disseminate convictions
associated with his or her attitude to religion. Parents and those in loco
parentis are entitled
by mutual consent to bring up their children in accordance
with their own attitude to religion.
56. Religious organizations whose
articles of association (regulations) are duly registered are entitled, in
accordance with their
own provisions, to set up groups and Sunday schools for
the religious education of children and adults, and to provide instruction
in
other ways.
Use of alcohol
57. Under the Production and Sale of Alcoholic
Products (State Regulations) Act of 20 July 1998, in the
territory of Belarus the sale
of alcoholic products to persons below the age of
18 is prohibited.
III. GENERAL PRINCIPLES
A. Non-discrimination
58. The principle of
non-discrimination is enshrined in the Constitution of the Republic of Belarus.
Article 22 of the Constitution states that all are equal before the law and have
the right, without any discrimination, to equal protection of their rights and
lawful interests. Women are guaranteed the same opportunities as men for
education and vocational training, in employment and promotion,
in social,
political, cultural and other areas of activity, and in the creation of
conditions to protect their work and health.
Under article 42 of the
Constitution, women and men, both adults and minors, have the right to equal
remuneration for work of equal value.
59. The principle of the equality
of citizens irrespective of their origin, social or property status, race or
nationality, sex, language,
attitude to religion, occupation, place of residence
and other circumstances is enshrined in the Rights of the Child Act, State
Social
Security (Principles) Act, Judicial System and Status of Judges Act,
Aliens and Stateless Persons in the Republic of Belarus (Legal
Status) Act, Full
Employment Act, Militia Act, Public Service (Principles) Act, Procuratorial
System Act, Libraries Act, Refugees
Act, Freedom of Religions and Religious
Organizations Act, Ethnic Minorities Act, Trade Unions Act, Political Parties
Act and others.
60. Article 6 (1) of the Labour Legislation Code
prohibits discrimination in employment and labour relations on the grounds of
ethnic
affiliation, sex, race, language, religious or political views,
membership or non-membership of trades unions or other voluntary
associations or
deficiencies of a physical or mental nature which do not impede performance of
required duties. During their upbringing
and education in educational
establishments of various types, children study the goals, principles and
provisions of the Charter
of the United Nations, the Universal Declaration
of Human Rights, the Convention on the Rights of the Child, the International
Convention
on the Elimination of All Forms of Racial Discrimination, and the
World Declaration on the Survival, Protection and Development of
Children. The
provisions of these instruments and aspects of the relations between different
racial and ethnic groups are reflected
in the curricula and syllabuses of
schools and other educational establishments. In these syllabuses, pupils and
students are taught
about the culture and historical traditions of all the
peoples living in the territory of Belarus and learn about the rights and
freedoms of citizens irrespective of their ethnic origin. Guidelines for
teachers on these issues are to be found in the teachers’
handbook
entitled One Hundred Lessons on the Rights of the Child. More detailed
information on how the educational needs of those citizens of Belarus who belong
to ethnic minorities are met may
be found in chapter VII below (see paras. 206
and 207).
61. With regard to measures adopted pursuant to the decisions
of the Fourth World Conference on Women, we should note that, as observed
in the
Platform for Action of this conference, the denial of educational opportunities
is the most widespread form of discrimination
against girls in the world. The
Constitution of the Republic of Belarus guarantees women the same rights to
education as men. Girls have the same access to education as boys.
In 1997 the number of girls aged 14 and 15 entering secondary education
(day-time, evening and general education schools, vocational
and technical
colleges and polytechnics) constituted 91.2 per cent of the total number of
girls in that age group, and 76.6 per cent
of girls aged 17 and 18 - in
other words, the overwhelming majority completed their schooling in the
abovelisted educational establishments.
The overall proportion of girls among
students at secondary level is 56.9 per cent, and at higher level 51.9
per cent. In quantitative
terms, girls and women have a higher level of
education than their male counterparts. Women constitute 58.4 per cent of the
country’s
workforce with higher education and 65.8 per cent of that with
secondary specialized education. In line with new approaches in Belarus,
a
system of women’s secondary education is being developed. This includes
specialized secondary schools for girls with curricula
designed to prepare girls
both for employment and for family life.
62. The Platform for Action also
focuses on the need to prevent exploitation of the physical labour of girls.
Under the Labour Legislation
Code all labour of persons under 18 (irrespective
of sex), involving heavy labour and work with harmful or hazardous conditions,
working underground or in mines, is prohibited. It is forbidden for minors to
carry or to convey loads exceeding established maximum
weights. Persons under
18 may only be offered employment after a preliminary medical examination, which
must be repeated annually
until the age of 18.
63. With the difficult
economic conditions currently prevailing in Belarus, the problem of violence
against women and girls remains
acute. Without any doubt, the most effective
means of tackling this problem is by raising the standard of living and social
awareness
of the population, reducing tensions in society and ensuring that
people’s social and legal rights are protected without discrimination
on
the grounds of sex. In 1998, a crisis centre was opened in Minsk for women
victims of sexual and domestic violence. Efforts
are under way to set up
similar centres in the regions as well.
64. As prescribed by the
1996-2000 national plan of action to improve the situation of women and the
national programme “Women
of Belarus”, work commenced in September
1998 on a scientific research project on the social problem of violence against
women.
The project undertakes, with the use of sociological methods, to
investigate the forms, conditions and factors conducive to violence
to
study its consequences and attitudes to violence and to an understanding of its
underlying causes.
65. Specific efforts are being made to improve
health care delivery to women and children. Work is under way on the
development of
a national plan of action for the protection of reproductive
health, which will cover various family planning issues, such as the
prevention
of unwanted pregnancy in girls, sex education for young people and sexually
transmitted diseases. The subprogramme for
the development of social services
for families and children, under the “Children of Belarus”
programme, also includes
the creation of services to deal with these issues.
B. Best interests of the child
66. As already noted in chapter I, a number of
regulatory instruments have been adopted over the last few years to protect the
interests
of children. These have formed the basis for the creation in Belarus
of favourable conditions for the raising of children and for
ensuring their
social protection and include, in particular, the presidential decrees ratifying
the “Children of Belarus”
presidential programme and ratifying the
main areas of the State family policy of Belarus.
67. For the purpose of
implementing the “Children of Belarus” programme, the Government of
Belarus adopted a decision
on 21 July 1998 ratifying the regulations on local
centres for the provision of social services to families and children. This
piece
of legislation gives local centres for the provision of social services to
families and children the status of State social welfare
institutions, designed
to provide integrated services at the city, district and housing estate level to
families and children in
need of social support, by providing timely and
professional psychological, legal, economic and rehabilitative assistance and
other
forms of social support. One of the principal tasks of such centres is to
identify the needs of specific families and children for
various types and forms
of social assistance.
68. The State policy for young people, which is
underpinned by the State Youth Policy (General Principles) Act, has as its
fundamental
principle the need to take due account of the interests and needs of
young people.
69. The Government of Belarus has adopted a number of
decisions with a view to securing the necessary support from ministries and
departments for the “My-detyam” (“From us to children”)
Belarusian Foundation for the Social Support of Children
and Teenagers. The
Foundation’s main tasks are to support children’s organizations,
initiatives and projects designed
to create favourable conditions for the
all-round and healthy development of children and to draw the attention of the
media, State
institutions, non-governmental organizations and the public at
large to children’s problems.
70. Under the Marriage and Family
Code, the views of the child shall be taken into consideration in the following
cases:
− When the family name of a minor who has reached the age of 10 is to be changed, that minor’s consent must invariably be obtained by the tutelage and guardianship authorities (art. 61);
− The consent of a minor who has reached the age of 10 is necessary for adoption (art. 118);
− An adopted child who has reached the age of 10 may only be given a family name and patronymic and a new first name with his or her own consent (art. 121);
− Where possible, the wishes of a child placed in care must be taken into consideration in the nomination of a tutor or guardian (art. 154).
71. On 16 December 1994, the Plenum of the Supreme
Court of the Republic of Belarus adopted a decision determining how the courts
are to apply the legislation in settling of disputes relating to the upbringing
of children, in which particular stress was laid
on the need to take into
account the children’s own interests. Thus, when settling child-custody
disputes between parents
living apart, the court must proceed from the
principle of the equality of the rights and obligations of the father and
mother, established
in article 64 of the Marriage and Family Code, in deciding
how the child’s interests will be best served. The court may also
take
into consideration the wishes of a child which has reached the age of 10 to live
with one or other of the parents, if this wish
is in the child’s best
interest. A request by parents for the return of their child may only be denied
in the event that the
court has determined that such return will not be in the
best interests of the child. The procedure by which a parent who lives
separately from his or her child participates in the child’s upbringing
shall be determined by agreement between the parents,
and, in the absence of
such agreement, by the tutelage and guardianship authorities with the
participation of the parents, on the
basis of the child’s best
interests.
72. In the event that an adoptive parent should fail to comply
with his or her obligations or misuse his or her rights, consideration
may be
given to rescinding the adoption (art. 132 of the Marriage and Family Code)
but not to the deprivation of parental rights.
Adoption may only be rescinded
by a court in such other cases where this is in the best interests of the child.
When deciding whether
or not to rescind adoption because of a contravention of
the law in the adoption arrangements, the court must take into consideration
all
the actual circumstances and, in particular, consider whether or not rescinding
the adoption will be in the interests of the
child. When considering an action
for the deprivation of parental rights, the court is entitled, in the interests
of a minor child,
also to consider an action brought by interested parties for
the eviction of the respondent.
73. When considering actions brought
under article 76 of the Marriage and Family Code for the restoration of parental
rights, courts
must establish whether or not the lifestyle of the parents has
changed and whether or not they will be able to provide the child
with a proper
upbringing. Parental rights may be restored if this is in the interests of the
child. During the investigation the
education authorities shall ascertain the
views of the children and their attitude to the parties involved. If the
circumstances
of the case are such that the court deems it necessary to gain
further clarification of the child’s wishes, the questioning
of the child,
in accordance with the child’s age and maturity, shall be conducted away
from the courtroom in the presence of
a teacher or class supervisor, in an
environment which shall preclude the possibility of the child being influenced
by any interested
party.
74. Work is currently in progress on a social
services bill in which paramount importance will be given to the provision of
social
services to minors.
C. Respect for the views of the child
75. In accordance with
the model regulations for school councils in general education schools of the
Republic of Belarus, ratified
by order of the Minister of Education of
14 February 1994, it is recommended that such councils should include
not only the teachers
and parents of the pupils but also pupils themselves.
Pupils shall constitute up to one third of the members of these councils.
In
this way, pupils will have the ability to influence decisions which affect the
conditions under which their school activities
are organized.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality
76. As
stipulated by article 187 of the Marriage and Family Code, the birth of a child
is to be registered in the civil registry offices
at the child’s place of
birth or the place of residence of one or both parents. The declaration of
birth is made orally or
in writing by one or both parents and, in the event of
the illness or death of the parents or their inability for any other reason
to
make such a declaration, on the basis of a statement by relatives, neighbours,
the administration of the medical establishment
in which the mother delivered
the child or by other persons (art. 188 of the Marriage and Family Code).
A declaration of birth must
be made within three months from the date of birth
of the child and, for a stillborn child, within three days of the birth
(art.
189 of the Marriage and Family Code).
77. Belarusian
citizenship is acquired at birth, by registration and by adoption of the
citizenship of the Republic of Belarus. A
child whose parents, at the time of
the child’s birth, were citizens of Belarus shall be a citizen of the
Republic of Belarus
irrespective of his or her place of birth. In the event
that, at the time of the child’s birth, one of the parents was a citizen
of the Republic of Belarus, the child shall be a citizen of the Republic of
Belarus if:
− He or she was born in the territory of the Republic of Belarus;
− He or she was born outside the Republic of Belarus but one or both parents were at that time permanently resident in the Republic of Belarus.
78. If a child is born outside the Republic of
Belarus to parents who are permanently resident outside the Republic of Belarus
and
one of whom is a citizen of Belarus, the citizenship of the child shall be
determined by decision of the parents set down in writing.
79. If a child
is born to parents one of whom is unknown or stateless, and the other a citizen
of the Republic of Belarus, the child
shall be a citizen of the Republic of
Belarus irrespective of place of birth. A child born in the territory of the
Republic of Belarus
to stateless parents shall be a citizen of the Republic of
Belarus. A child physically present in the territory of the Republic
of Belarus
and born to unknown parents shall be a citizen of the Republic of
Belarus.
80. In the event of change of citizenship by the parents or by
one parent, if the other is unknown, the citizenship of a child under
the age of
16 shall change accordingly. Should the parents or one parent, if the other is
unknown, so wish, in the event of their
change of citizenship, their child under
the age of 16 may retain citizenship of the Republic
of Belarus.
81. If one or both parents of a child resident in the
territory of the Republic of Belarus surrender or lose their Belarusian
citizenship
and if they are not involved in the upbringing of the child, who has
been placed under the tutelage or guardianship of citizens of
the Republic of
Belarus, the child shall retain citizenship of the Republic of
Belarus.
82. If one of the parents surrenders or loses his or her
citizenship of the Republic of Belarus and the other remains a Belarusian
citizen, the child shall retain Belarusian citizenship. On application by the
parents, such a child may be permitted to surrender
his or her Belarusian
citizenship. If one of the child’s parents takes Belarusian citizenship
and the other remains the citizen
of another State, the child may also take
Belarusian citizenship on joint application by the parents.
83. If one of the child’s parents takes Belarusian citizenship and the
other remains stateless, and if the child is resident
in the territory of the
Republic of Belarus, the child shall become a Belarusian citizen. A child who
has the citizenship of another
State or is stateless and is adopted by citizens
of the Republic of Belarus, shall become a Belarusian citizen.
84. A
child who is the citizen of another State and is adopted by spouses one of whom
is the citizen of the Republic of Belarus and
the other stateless, shall become
a Belarusian citizen. A stateless child who is adopted by spouses one of whom
is a citizen of
the Republic of Belarus, shall become a Belarusian citizen. A
child who is the citizen of another State and is adopted by spouses
one of whom
is a citizen of the Republic of Belarus and the other the citizen of another
State, shall become a Belarusian citizen
subject to the consent of the adoptive
parents.
85. A child who is a Belarusian citizen and is adopted by the
citizens of another State or by spouses one of whom is a Belarusian
citizen and
the other the citizen of another State, shall retain citizenship of the Republic
of Belarus. On application by the adoptive
parents, such a child may be
permitted to surrender his or her Belarusian citizenship. A child who is the
citizen of the Republic
of Belarus and is adopted by stateless persons or by
spouses one of whom is a Belarusian citizen and the other stateless shall retain
citizenship of the Republic of Belarus.
86. The citizenship of children
aged between 16 and 18 may only be changed, in the event of change of
citizenship by their parents
or on adoption, with the consent of the children
themselves.
B. Freedom of thought, conscience and religion
87. Under article 33 of
the Constitution, everyone is guaranteed the freedom of opinion, belief and
expression. No one may be compelled to express or to renounce his or
her
beliefs. The right of all citizens to freedom of religion is governed by the
Freedom of Religions and Religious Organizations
Act (see chap. II,
paras. 55 and 56 above).
88. No coercion may be applied in
determining the attitude of citizens to religion or to the profession or
nonprofession of religious
belief, to participation or non-participation in
religious services, rites and ceremonies or religious instruction. Exercise of
the freedom to profess a religion or to express beliefs shall only be subject to
such restrictions as are essential for the preservation
of public safety and
order, life, health and morality, and also the rights and freedoms of other
citizens as established by law and
compatible with the international obligations
of the Republic of Belarus.
89. Religious rites may only be conducted
with persons aged under 15 with the consent of their parents or of persons
acting in loco
parentis.
C. Freedom of association and of peaceful assembly
90. Under article 35 of
the Constitution, the freedom of peaceful assemblies, rallies, street marches,
demonstrations and pickets which do not contravene public order and
the rights
of other citizens of the Republic of Belarus shall be guaranteed by the State.
The freedom of association is guaranteed
to all (art. 36 of the
Constitution).
91. The right of minors to form and join voluntary
associations is governed by the Voluntary Associations Act. Under the Act,
voluntary associations are formed on the initiative of not less than 10 citizens
of the Republic of Belarus aged
18 or over. Children’s and young
people’s voluntary associations may be formed by citizens of the Republic
of Belarus
who have reached the age of 16. Voluntary associations may form
unions of voluntary associations.
92. As mentioned in paragraph 54,
voluntary associations may be joined by citizens who have reached the age of 16.
In cases stipulated
by the articles of the voluntary association concerned, its
members may also be persons under that age who have the corresponding
written
consent of their lawful representatives.
93. As on 1 September 1998,
there were 9 children’s and 69 young people’s organizations
registered in the Republic of
Belarus. While their membership, composition,
standing and other characteristics are, of course, subject to constant change,
it
is possible to single out as among the more influential of such organizations
in recent years the Belarusian National Pioneers Organization,
the Belarusian
Scouts Association, the Belarusian Falcons Association, the Belarusian Patriotic
Youth Union, the All-Belarusian National
Scouts Organization, the Belarusian
Guides Association and others. These organizations are actively involved in
doing the groundwork
and helping to implement the State policy for young people.
Their activities are overseen and guided by the State Youth Affairs Committee.
As a specific example of the way young people participate in the adoption of
decisions to give effect to their interests, we can
cite the involvement by
representatives of young people’s organizations in developing plans for a
new children’s movement
in the Republic of Belarus.
D. Access to appropriate information
94. The following statistics relate to the
publication and dissemination of children’s literature in Belarus. Of the
1,018
media publications registered as on 1 November 1998, more
than 20 were addressed at children and young people. The very popular
newspaper Perekhodny Vozrast (“Transitional age”) is
printed in a run of 20,000 copies; the newspapers Ranitsa
(“Morning”), and Zorka (“Dawn”) are also widely
read, as are the new privately published papers Detskaya gazeta
(“Children’s newspaper”), Lesovik (“Forest
Sprite”) and Vyaselka (“Rainbow”), with a combined
print-run of 52,000 copies. In 1998 an encyclopaedia on motherandchild health
was published.
The publishing house Yunatstva (“Youth”) has more
than 100 titles in its publishing plan for 1999, all intended for
younger
readers.
95. The National Children’s and Young People’s Arts
Centre is highly active in promoting international cooperation with
a view to
disseminating and exchanging socially and culturally useful information for
children. The Centre cooperates closely not
only with national and regional
organizations, but also with organizations in other countries: these include
the Fuchsbau youth
club in Berlin, an institute for the retraining of social
educators, the international American-Belarusian charitable organization
Nadezhda-Express, the German young people’s organization
Schreberjünger, and Nottingham City Council, in the United Kingdom.
Among the projects being conducted by the Centre, particular importance attaches
to one being carried out under the slogan “Learning
peace, teaching
peace”, to be implemented over the period 19971999. Under this
project, based on the principles of the United
Nations Educational,
Scientific and Cultural Organization “World Culture” programme,
seminars, discussions, conferences
and other measures were held, including a
“bridge-building” activity camp, with the slogan “Cultural
dialogue”,
in which the Fuchsbau youth club from Berlin also
participated.
96. In October 1997, a delegation from Belarus took part in
the Fourteenth International “Joy of Europe” Children’s
Meeting. The delegation included the “Child of peace” group
from the National Children’s and Young People’s
Arts Centre.
In addition, children from the Ostrov, Ragneda and Buslyanya studios
attached to the Centre exhibited their skills
at 10 different
international exhibitions, including the competition on protecting the ozone
layer organized in Egypt. A design
created by the Ostrov art studio was used in
the Council of Europe’s Apollo programme intended for the development of
creativity
and culture. Under the “Children as peace emissaries”
programme, work by members of the studio was also sent to the
cities of Sendai
in Japan, Nottingham in the United Kingdom and others.
97. In 1996-1998,
members of the mind games club attached to the Belarusian Association of UNESCO
Clubs took part in the European
Youth Week in the city of Stralsund, together
with representatives from France, Germany, Latvia, Poland, the
Russian Federation,
Sweden and other countries. The “Sails of
Hope” international children’s and young people’s media
festival,
held in the summer of 1998 with the support of the State Press
Committee, State Youth Affairs Committee and with participation of
numerous
voluntary associations, helped promote not only to the development of
children’s and young peoples’ journalism,
but also the right of
children to free expression and freely to receive and transmit
information.
98. At the end of February 1998, a group of Belarusian
children aged 14 and 15 travelled to Budapest to attend an international
conference
on experience in incorporating the Convention on the Rights of the
Child in the system of legal education at schools. The Conference
considered
issues related to the work of internal school administrations and school
newspapers and other information media, the extent
to which children are able to
exercise their right to freedom of opinion in schools, the need for State and
local structures and
institutions concerned with children’s rights to take
the interests of schoolchildren into consideration when adopting decisions
and
in their own activities, and other related issues.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance
99. Under article 32 of
the Constitution, parents or those in loco parentis, have the right and shall be
obliged to raise their children and, to attend to their health, development
and
education. Children must not be subjected to cruel treatment or humiliation, or
made to perform work which may be injurious
to their physical, mental or moral
development.
100. In order to ensure comprehensive assistance to parents
in the upbringing of their children, Semya (“The Family”)
programmes are being developed in all local authorities, and their
implementation is being carefully monitored.
The measures constituting these
programmes are wide-ranging and usually include: series of lectures,
discussions and other meetings
where parents may receive guidance and advice; a
study of the situation with a view to identifying families which need closer
attention
because of problems arising in their relations with children; an
exchange of positive experience in the upbringing of children; the
conduct of
festivities to mark the International Day of Families; other activities to
celebrate the family, and so on.
101. In recent years, the infrastructure
of social services for families and children has been steadily expanded.
Institutions of
a new type have emerged, providing social services to families,
women and children: these include rehabilitation centres, diagnostic
centres,
diagnosis and correction centres, confidential support centres, psychological
and educational centres, children’s
and adolescents’ social and
psychological assistance centres, confidential telephone lines and so on. For
example, in March
1998, the Belarusian “Open Doors” support
centre was opened, with the aim of providing a range of systematic assistance
to
children and young people with special mental and physical needs. The centre
conducts training seminars for specialists, parents
and students. Children and
young people with special mental and physical needs and their parents receive
consultations and undergo
courses of treatment with specialists.
102. The
presidential “Children of Belarus” programme (through its
subprogramme for the development of social services
for families and children)
plans to undertake the further development of social services in this area.
B. Parental responsibilities
103. Article 162 of the
Belarusian Administrative Offences Code prescribes administrative liability for
the wilful failure by parents
or those in loco parentis to perform their duties
to educate and raise their children. The Criminal Code of the Republic of
Belarus
(art. 120) provides criminal liability for parents’ wilful
refusal to pay family maintenance ordered by a court or by the decision
of a
judge for the maintenance of minor children or children who are of majority age
but disabled and dependent upon them.
C. Separation from parents
104. Paragraph 4 of
article 32 of the Constitution of Belarus states that children may only be
separated from their families against the will of parents and those in loco
parentis
on the basis of a court decision, in the event that such parents or
those in loco parentis have failed in their duties. Basic laws
and regulations
governing the separation of children from their parents are laid down in the
Belarusian Marriage and Family Code.
Thus, article 66 of the Code
stipulates that if, after the dissolution of their marriage or for any other
reason, parents live separately,
decisions as to the place of residence of any
minor children shall be subject to their consent. Should a dispute arise, the
matter
will be resolved by a court on the basis of the interests of the child
and taking into consideration the child’s own wishes.
In accordance with
article 67, parents living apart from their children have the right to maintain
contact with them and are obliged
to take part in their upbringing. No
obstacles shall be placed in their way in this regard.
105. The tutelage
and guardianship authorities may, for a specified period, deprive a parent
living apart from his or her child of
the right to have contact with the child,
if such contact is causing harm to the child. In cases where parents fail to
comply with
the decision of the tutelage and guardianship authorities, these
latter, and also either one of the parents, shall be entitled to
apply to the courts for resolution of the dispute. In the event of wilful
refusal to comply with the decision of the court, the parent
living apart from
the child shall be entitled, in the child’s best interests, to apply to
the court for custody of the child.
106. In accordance with decision No.
10 of 16 December 1994 of the Plenum of the Supreme Court of the Republic
of Belarus, regarding
the manner in which the courts are to apply the
legislation in settling disputes relating to the upbringing of children, parents
may be deprived of their parental rights on grounds provided for by article 70
of the Marriage and Family Code, in the event of their
culpable
conduct.
107. Article 70 of the Marriage and Family Code stipulates that
one or both parents may be deprived of their parental rights if it
is
established that they have failed to comply with their duties relating to the
upbringing of their children, have refused, without
compelling reason, to
collect a child from a maternity hospital or ward or from other establishments
for the medical care and treatment
or the education and upbringing of children,
are abusing their parental rights, are behaving cruelly towards their children,
are
exerting a harmful influence on their children through their own immoral
behaviour or are chronic alcoholics or drug addicts.
108. Parents shall
be considered to be failing in their duties when they neglect the moral
upbringing of their children, their physical
development, education, and
preparation for socially useful work. Abuse of parental rights is to be
understood as the use of these
rights to the detriment of the child’s own
interests, such as, for example, by preventing their education, inciting them to
beg or involving them in activities of an immoral or antisocial nature. Cruel
treatment of children may take the form of physical
or mental violence, the use
of unacceptable childraising methods, or treatment that degrades their human
dignity. The chronic alcoholism
or drug addiction of parents must be confirmed
by a corresponding medical finding. Treatment for alcoholism or drug addiction
is
not in itself sufficient reason for an application for the deprivation of
parental rights to be refused.
109. If a parent is found guilty of the
commission of a crime against minor children, involving such acts as incitement
to criminal
activity, drunkenness, lewd conduct, etc., this may provide grounds
for the privation of parental rights. If the parent is convicted
for the
commission of any other crimes or if no culpable conduct visàvis his or
her children is established, there shall be
no privation of his or her parental
rights.
110. Persons may only be deprived of their parental rights in
court proceedings, held with the participation of the procurator. Proceedings
shall be initiated on the application of State or voluntary organizations, or of
either of the parents or the guardian (tutor) of
the child and also on the
application of the procurator (art. 71 of the Marriage and Family Code). If,
when considering proceedings
for the deprivation of parental rights, the court
should detect the indicia of a crime in the actions of one or of both parents,
it shall inform the procurator accordingly or shall institute criminal
proceedings.
111. In the event of both parents being deprived or their
parental rights, the child shall be placed in care (art. 47 of the Marriage
and
Family Code). Provision is also made for the
possibility that a court orders the removal of a child and the child’s
placement in care, regardless of any deprivation of parental
rights, if it is
dangerous for the child to be left with the persons concerned (art. 77 of the
Marriage and Family Code).
112. In exceptional cases, where there is a
direct threat to the life or health of a child, the tutelage and guardianship
authorities
shall be entitled to take a decision ordering the immediate removal
of the child from parents or from other persons by whom the child
is effectively
being raised. In such cases, the tutelage and guardianship authorities shall be
obliged to inform the procurator
without delay and, within a period of seven
days of the decision, to apply to the court for the deprivation of the parental
rights
or one or both parents or for the removal of the child. If the grounds
for the removal of the child cease to apply, the court may,
on an application
from the parents and acting in the child’s own interests, order the child
to be returned to the parents.
In this case, the wishes of minor children over
the age of 10 shall be taken into account.
113. Article 78 of the
Marriage and Family Code stipulates that the tutelage and guardianship
authorities must be in attendance when
disputes relating to the upbringing of
children are being considered by a court. Court orders on the transfer of
custody or removal
of children from parents or other persons are carried out by
court officers, in the obligatory presence of the tutelage and guardianship
authorities. The procuratorial authorities oversee compliance with these
regulations.
114. Since the deprivation of parental rights is an extreme
measure, a court shall be entitled, in exceptional cases where the culpable
conduct of the parent has been proved, taking into account the nature of such
conduct, the parent’s character and other specific
circumstances, to
refuse an application for the deprivation of parental rights, and instead to
warn the respondent about the need
to change his or her approach to the
upbringing of the child or children concerned. At the same time, responsibility
for monitoring
the proper performance by such persons of their parental duties
rests with the tutelage and guardianship authorities.
115. Persons whose
failure to perform their parental duties is due to mental illness, mental
deficiency or any other chronic illness
or to other circumstances beyond their
control, may not be deprived of their parental rights.
D. Family reunification
116. In accordance with article 76 of the
Marriage and Family Code, parental rights shall be restored if this is in the
children’s
best interests and if the children are not adopted.
Restoration of parental rights may only be effected by judicial procedure on
application by the person deprived of parental rights or by the procurator.
When considering applications for the restoration of
parental rights, courts
must establish whether or not the lifestyle of the parents has changed and
whether they are able to give
the child a proper upbringing.
117. In
accordance with decision No. 10 of 16 December 1994 of the Plenum of the
Supreme Court of the Republic of Belarus regarding
the manner in which courts
are to apply the legislation in settling disputes relating to the upbringing of
children, the rights of
parents to raise their own child shall prevail over
those of other persons and they are therefore entitled to demand the return of
their children from any person who is not holding such children on the basis of
the law or pursuant to a court order (art. 69 of
the Marriage and Family
Code). An application by parents for the return of their children may only be
refused if a court determines
that such return will not be in the best interests
of the child. When considering applications by parents for the handover to them
of children by persons holding those children on the basis of the law or
pursuant to a court order (guardians, tutors, children’s
homes), courts
shall be required to determine whether the circumstances which gave grounds for
the placement of the children with
the person or children’s home concerned
have changed since the time of the original dispute and whether returning the
children
to their parents will be in their best
interests.
118. Applications for the restoration of parental rights may
be filed against the other parent, or against a guardian (tutor) or a
children’s home, depending on in whose care the child has been placed.
These applications shall be considered by courts in
the presence of the tutelage
and guardianship authorities.
119. Certain aspects of the reunification
of families and the situation of children will be legally underpinned in the
planned new
Belarusian Immigration Act, which is currently awaiting its first
reading. Under article 14 of this bill, the right to family reunification
is
enjoyed by spouses, minor children and unmarried children who have been invited
by an immigrant to take up permanent residence
in the Republic of Belarus.
Article 16 of the bill stipulates that the minor children of immigrants have the
right to enter Belarus
on the invitation of one or both parents.
E. Children deprived of a family environment
120. As already noted, the problem of
abandonment of children is particularly acute in Belarus. The roots of this
problem are to
be sought in the spreading phenomenon of family disintegration,
which has a direct impact on the situation and future lives of children.
The
number of marriages continues to decline while that of divorces increases.
According to estimates, every year over the period
1994-1997 some 45,000
children were deprived of one of their parents as a result of the break-up of
their families. In 1997, 14,500
children were born out of wedlock and, of them,
2,700 were born to mothers under 18. The number of children abandoned or
rejected
by their parents increased by 3,500 and, on 1 January 1998,
totalled 23,600. All in all, 5,700 abandoned children were identified
by
the childcare authorities in 1997.
121. The number of children removed
from their parents with or without the deprivation of parental rights is also on
the increase,
as is the number of children rejected by their own parents.
Figures for 1997 show that 4,500 children were removed from their parents
by
local authorities following court proceedings, six times as many as in 1990.
The courts considered 2,600 disputes involving children
and received 1,500
applications for the protection of children. There is a pressing need for a
separate branch of juvenile justice
and the question of setting up specialized
courts for juvenile affairs is being keenly debated at the present
time.
122. Under the provisions of the Convention on the Right of the
Child and the Belarusian Rights of the Child Act, one of the most
important
responsibilities of local authorities visàvis children deprived of a
family environment is to place them in a foster
family, or a children’s
family-type home or to arrange their adoption. Of the total number of children
deprived of parental
care, the majority are placed in families (52.7 per cent in
1996 and 50.7 per cent in 1997); of these, between 41 per cent in 1992
and
47.4 per cent in 1996 were placed in foster families; and fewer than half
(44.6 per cent in 1996 and 47.18 per cent in 1997)
were placed in
children’s homes. Regrettably, the number of these institutions is not
decreasing. As on 5 September 1998,
there were 29 children’s homes
under the authority of the Ministry of Education; 31 general education boarding
schools (19
of these catering for orphans); 25 boarding schools for children
with special health needs; 80 boarding schools for children with
special needs
in their mental and physical development (12 of these catering for orphans); and
26 children’s family-type homes.
These 165 children’s boarding
establishments are home to 26,600 children, 10,700 of whom are orphans.
The annual cost of
keeping children in such boarding establishments
amounted in 1997 to 45-50 million roubles per child (approximately 1,000
United
States dollars).
123. The State provides comprehensive support for
foster families, children’s family-type homes and children’s
villages
and allocates between 2.9 million and 3.3 million roubles
per month per child for the maintenance of children in these
establishments.
As on 1 January 1996, 9,500 children were being
raised in foster families.
124. The legal rules governing tutelage and
guardianship are set out in chapter 13 of the Marriage and Family Code. The
function
of tutelage and guardianship authorities is exercised by the executive
committees of the councils of deputies at the district, city,
and urban
district, housing estate or village level. When a guardian or tutor is being
selected, due account is taken of his or
her personal qualities, ability to
perform the duties of a guardian or tutor, relationship with the person to be
placed under care
or guardianship and also, if possible, the wishes of that
person (art. 154 of the Marriage and Family Code). The work of guardians
and
tutors is overseen by the tutelage and guardianship authorities at the place of
residence of the person placed under tutelage
or guardianship (art. 156 of the
Marriage and Family Code). Guardians and tutors may defend the rights and
interests of their wards
in all establishments, including judicial
establishments, without the need for a special power of attorney (art. 171 of
the Marriage
and Family Code).
125. Sociological research shows that the
living conditions and material status of foster families in Belarus differ
extensively.
They all have in common, however, the qualities of compassion, a
kindly disposition to children and the desire to make them happy
and to prepare
them for independent life. The childcare authorities make visits twice a year -
confidentially, if necessary - to
inspect the living conditions of children in
foster families and family-type children’s homes and to ensure that their
children’s
rights are being upheld.
126. Over recent years, steps
have been taken to make life in children’s establishments more friendly
for children deprived
of a family environment. This process is being effected
in the following areas:
− Creating conditions in each establishment which approximate life in the family, primarily by reconfiguring the sleeping arrangements, from the previous dormitories accommodating 20-25 children to small and cosy bedrooms for 2-3 children;
− Fostering friendly and trusting relations between children, teachers and other staffmembers of the establishment and ensuring that the children’s right to respect for their honour and dignity, the inviolability of their person and protection from physical and mental violence is upheld;
− Keeping siblings together in the same children’s establishment; in Belarus, the ideal children’s establishment is considered to be the family-type children’s home accommodating a small number of children (maximum of 50), in which the children may remain until they reach majority age;
− Providing conditions for the full physical, intellectual and emotional development of the children and for the development of their abilities and talents by setting up clubs and societies in children’s homes and organizing after school activities in boarding establishments and by introducing a differentiated approach to education in which special classes are formed where pupils concentrate on certain subjects and a network of general education boarding schools for particularly able and talented children is created.
F. Adoption
127. The Belarusian legislation on adoption has
undergone certain changes in recent years. First, on 26 June 1998, the
Constitutional
Court of the Republic of Belarus ruled that the provisions of
article 116 of the Marriage and Family Code relating to the adoption
of children
by extrajudicial procedure without the consent of their parents or of those in
loco parentis were inconsistent with the
Constitution (art. 32) and the
Convention on the Rights of the Child. Once that ruling was passed by the
Constitutional Court, the provision
in question of the marriage and family code
ceased to have legal effect and now article 32 of the Constitution applies,
which stipulates that adoptions may only be effected by judicial procedure.
Second, the Republic of Belarus is now party
to the Convention on Protection of
Children and Cooperation in Respect of Inter-Country Adoption.
128. The
procedural and legal arrangements for adoption in the Republic of Belarus are
based on the following principles:
− The all-round development of children is only possible when they are raised in the protective surroundings of a family, with an environment of well-being, love, understanding and respect;
− The right of the biological parents to care for and raise their child shall prevail over the rights of all other persons;
− If a child cannot be guaranteed proper care in his or her own family, constant care must be provided by the child’s relatives under a foster family arrangement;
− Adoption is only possible when the necessary care can be provided on a constant basis by a relative in the relative’s own family;
− Intercountry adoption shall only be considered an option when there is no possibility of adoption or any other means of placing the child in a family in the child’s own country;
− Decisions on any issues relating to adoption shall be guided by the child’s best interests.
129. The legal rules of
adoption are established in chapter 12 of the Marriage and Family Code, which
states, in particular, that
children may be adopted by citizens of majority age
with the exception of persons deprived of their parental rights, persons
declared
legally incompetent or of limited competence and persons who have
previously adopted children and in respect of whom such adoption
has been
revoked because of their failure to comply with their obligations (art. 114 of
the Marriage and Family Code). When a child
is to be adopted, the child’s
parents, provided they have not been deprived of their parental rights, must
give their consent
in writing.
130. The adoptive child must also
consent to the adoption if he or she has reached the age of 10. The
tutelage and guardianship authorities
shall ascertain whether or not the child
consents to the adoption. The secret of adoption is protected by law (art. 128
of the Marriage
and Family Code). Adoptive children aged 10 or over must give
their consent before receiving a new surname or patronymic or before
their first
name can be changed. When children to be adopted have no parents and have been
placed under tutelage or guardianship,
the guardians or tutors must give their
written consent and when the children have been placed in State children’s
homes, the
administration of the home must give its consent.
131. In
compliance with the provisions of the Convention on the Rights of the Child,
which stresses the importance of the family as
the natural environment for the
normal development and upbringing of children, steps are being taken in Belarus
to encourage Belarusian
families to adopt children. In 1996, a national and
regional database of children deprived of parental care was established. As
already mentioned, in 1997, the national adoption centre was opened and a
national database set up containing the names of potential
adoptive parents.
Over the period 1995-1998 the childcare authorities conducted a study to
analyse the reasons for the placement
of children deprived of parental care in
boarding establishments and the length of time that they remained in those
establishments.
Scientific research is being conducted in this area and in 1996
an international symposium was held on the issue of national and
intercountry
adoption and its practices, problems and future prospects. The materials of the
symposium have been gathered together
and published in two thematic
compilations, which have been distributed to teachers, lawyers and other
specialists.
132. The statistics on adoption are as follows. As on
1 January 1998, there were 7,800 adopted children in the
country. Over the
period 19911997, some 4,100 children were adopted, 3,800
by Belarusian citizens and 289 by foreigners. In 1997, 531 children were
adopted, 486 of these by Belarusian citizens and 45, or 8.5 per cent,
by foreigners. Of these 45 adopted children, the majority
- 24 - are
in the age group 0-2, 10 are in the 3-5 age group and 11 aged 6 and over.
Most of these children - 30 - went to the United
States of America, while
11 went to Sweden, 2 to Denmark and 1 each to Ukraine and France.
All the
adopted children were living in residential establishments and had physical
or mental disabilities of one kind or another. Eight
of them had previously
lived in areas contaminated by the Chernobyl accident.
133. The procedure
for intercountry adoption (establishing guardianship) involves a number of
measures designed to ensure that the
competent State authorities of the country
in which the prospective adoptive parent is resident oversee the child’s
adjustment
to his or her adoptive family and the child’s living conditions
during the postadaptation period. Six-monthly reports must
be submitted on this
process to the Belarusian Ministry of Education for a period of at least
three years. Decisions on intercountry
adoption are taken by district or
urban executive committees at the place of residence of the child, subject to
the consent of the
Ministry of Education and the provincial executive committee.
The adoptive parents and the competent State authorities of the country
in which
they reside shall guarantee that contacts are maintained between adopted
Belarusian children and their home country and
relatives. Under Belarusian law,
Belarusian nationality is retained by adopted children.
G. Abuse and neglect, including physical and
psychological
recovery and social reintegration
134. With
a view to preventing violence against children, including psychological
violence, a system of telephone hotlines has been
established in many towns and
regions and special work has been undertaken by educational and social workers
and psychologists.
Information and awarenessraising campaigns have been
conducted in recent years with the active participation of nongovernmental
organizations.
One of the most extensive of these campaigns was an
international seminar on the rights of the child and the issue of violence
against
children, held on 20 and 21 May 1998 in Minsk by the
Belarusian Helsinki Committee and attended by representatives of countries of
the former Soviet Union and other foreign countries. The seminar materials
have been compiled and published and, in addition, a
social workers’
handbook on children and violence was distributed to all participants in the
seminar.
VI. BASIC HEALTH AND WELFARE
A. Disabled children
135. In
Belarus, in line with general practice in the civilized world, the terms
“defective children” or “children
with deviations in their
mental or physical development” are now eschewed in official documents and
scientific literature and
manuals in favour of the term “children with
special needs in their psychological and physical development”. In the
1990s, new priorities were set in the State social policy for disabled children
and children with special needs in their psychological
and physical development.
In 1996, a statistical census was made of children in this category, following a
validated statistical
map based on the latest classification by the World Health
Organization (WHO). Almost one in four children of preschool and school
age
were found to have special needs in their mental or physical development or in
both.
136. The number of disabled children under 16 increased
by 2,000 in 1995, to total 20,500. By 1 January 1997, their
number had grown
to 21,900, 365 of whom had become disabled as a result of
the Chernobyl disaster. By January 1998, there were 22,912 disabled
children
in Belarus, 1,021 of whom were Chernobyl victims. The number of
disabled children continues to rise: as on 1 January 1999, the
total
number of disabled children aged under 16 was 23,866, representing an
increase of 4.2 per cent over the January 1998 total.
137. As
on 5 September 1998, children with special needs in their physical and
psychological development were being raised and educated
and receiving
rehabilitative care in 80 boarding schools, 12 of which were for
orphans, catering for a total of 12,600 children;
18 special schools, with
3,800 children; 847 integrated education classes, with
2,700 children; 452 special classes in general education
schools, with
5,500 children; 30 special kindergartens and 874 groups in
other kindergartens, with 11,400 children; and 1,005 mental
retardation centres, with 34,800 children. There are also nine residential
homes for disabled children, housing some 2,000 children.
138. As
mentioned above, in 1992 the Ministry of Education ratified a new blueprint for
the education and upbringing of children in
this category and for their
preparation for life in the outside world. The blueprint is designed to ensure
that disabled children
and children with special needs in their psychological
and physical development have equal opportunities to receive a full education
in
accordance with the latest international approaches. In addition, in 1995,
a number of regulatory instruments were ratified (see
chap. I, para. 20,
above). The aim is once and for all to banish the notion of the
“ineducable child”. While, until
recently, children with special
needs in their psychological and physical development were confined to special
custodial boarding
schools, the new State policy is designed to facilitate their
integration into society and to enable them to attend ordinary or special
classes in general or special schools.
139. A network of diagnostic and
rehabilitation centres and mental retardation centres is being established for
the rehabilitation
of such children. In the 1996-97 school year the first
special education textbooks were published in Belarus and special courses
for
the rehabilitation of children with special needs in their psychological and
physical development were introduced in higher and
secondary special education
institutions and further training centres, to provide training and refresher
courses for teachers in
all subjects.
B. Health services
140. An indication of the level of the
country’s social and economic development and of its attitude to children
is provided
by the health status of women - in particular, mothers - and by
trends observable in various medical and demographic parameters,
primarily those
relating to infant and child mortality and morbidity.
141. Health care
for children is regulated in Belarus by the following legislation:
the 1993 Health Care Act; the 1991 Chernobyl
Power Plant (Social
Protection for Victims of the Accident) Act; and the 1993 Public Health and
Epidemiological Welfare Act.
142. In addition, the following regulatory
instruments have been adopted over the last few years to improve the health of
children:
− Presidential Decree No. 321 of 23 August 1996 on maintaining the provision of free medical treatment to children and adolescents living in settlements previously categorized as radioactive contamination areas;
− Council of Ministers decision No. 1113 of 25 August 1997 on improving the procedure for the provision of health care and treatment to children outside the Republic of Belarus;
− Instruction on ensuring the welfare and health care of children in children’s preschool establishments, ratified on 17 April 1997;
− Order of 28 May 1997 ratifying the procedure for funding health care and spa treatment for children and adolescents from the State social insurance budget;
− Order of 30 June 1997 ratifying the procedure for providing sports and physical recreation for children from low-income families, disabled persons and pensioners, on a partial-payment or no-payment basis;
− Ministry of Health order No. 55 of 25 February 1998 on improving the system for monitoring the health status of six-year old children and the conditions in which they are being raised.
143. Under the
current legislation, pregnant women, at 30 weeks, are granted pregnancy and
maternity leave of 126 days, irrespective
of the actual date of the birth; in
the event of birth complications or the delivery of twins, triplets or other
multiple births,
maternity leave is increased by a further 14 days. Women living
in radionuclide-contaminated areas with contamination levels of 1
Ci per
square kilometre and above are granted pregnancy and maternity leave
at 27 weeks or 140 and 160 days respectively. Women receive a lump-sum
benefit
on the birth of their child equivalent to the official per capita
minimum consumer budget for a family of four, applicable on the
date on which
the child was born. Women who are registered with a gynaecological centre in
the first 12 weeks of their pregnancy
and been placed under a
doctor’s instructions receive a lump-sum payment cash benefit equivalent
to 50 per cent of the benefit
paid on the birth of the child. Irrespective of
their employment status, women who so request shall be granted leave to look
after
their child until the child attains the age of three, during which period
they are paid a monthly State benefit at a level and under
conditions
established by law.
144. On 2 July 1997, the State Benefits for
Child-raising Families (Additions and Amendments) Act was adopted. This new
version of
the Act differs in that the levels of child benefits and the total
income thresholds at which families are entitled to such benefits
are now tied
not to the minimum wage but to the per capita minimum consumer budget for a
family of four as calculated for the previous
year.
145. The benefit
payable for caring for a child aged up to three is scaled in accordance with the
employment of the careprovider.
Thus, a benefit set at 35 per cent of the
minimum consumer budget is payable to women taking leave to look after a child;
students
at vocational colleges, technical colleges and universities who have
left productive work to follow a course of study; women serving
in the military
who are discharged from service in connection with their pregnancy and
childbirth; women with category I and II disabilities;
and mothers of children
up to the age of three who have been laid off as a result of the closure of an
enterprise or organization.
146. The benefit is set at the level of 20 per
cent of the minimum consumer budget for nonworking women (including women taking
care
of disabled children up to the age of 16, persons with category I
disability and old persons living alone aged over 80), and women
officially
recognized as unemployed.
147. In the previous version of the Act, the
benefit for children above the age of three was divided into three age groups:
3-6;
6-13; and 13-16 (18). These divisions have now been scrapped and instead a
single benefit, set at 15 per cent of the minimum consumer
budget, is payable
for children aged from 3 to 16 (18). It is paid in full for each child to
families whose average gross monthly
income per family member for the previous
year did not exceed 40 per cent of the minimum consumer budget and
reduced to half if the
monthly gross income was between 40 and 50 per cent of
the minimum consumer budget. Families raising a disabled child, an HIV-infected
child or a child suffering from AIDS and families of military servicemen on
fixed-term military service receive the benefit irrespective
of their
income.
148. A new form of benefit has been introduced, for single
mothers with children up to the age of 18 months. This is set at 15 per
cent of
the minimum consumer budget from the date of birth of the child.
149. The
benefit for caring for a sick child aged up to 14 is paid for the entire period
during which the child requires such care
as prescribed by a doctor, but for a
maximum of 14 calendar days at the level of 100 per cent of the average
wage (daily subsistence
level), irrespective of the employment status of the
mother, father or other person providing the care. Persons caring for a
disabled
child aged between 3 and 16 who are also entitled to a benefit for
caring for a child aged up to three receive the benefit on both
counts.
150. All children up to the age of three, and for those living in
a radionuclide-contaminated area, up to the age of 15, receive medication
for
outpatient treatment free of charge. Disabled children and children with
serious disorders also receive medication free of charge.
Free infant food is
provided for children up to the age of two being raised in large and low-income
families.
151. The list of medical grounds on which children’s
disability benefits are paid up to the age of 16 has been expanded. The
staffing levels in maternity establishments and children’s hospitals have
been revived. Under the Health Care Act, all types
of medical assistance are
provided free of charge to children and pregnant women. These legislative
measures have still been insufficient,
however, to ensure the full social and
material security of child-raising families, owing to the continuing decline in
production
and growing inflation rates.
152. Currently, there are more
than 380 children’s polyclinics, 22 children’s hospitals and more
than 310 gynaecological
centres providing health-care services for mothers and
children in Belarus. Children’s medical care is provided by some 5,200
paediatricians, representing a coverage of 22.5 practitioners per 10,000
children. The existing material and technical resources
available in the
country’s paediatric and maternity institutions are generally sufficient
to ensure that the needs of children
and mothers can be met with high quality
services at all levels. The health-care establishments have a total of
15,260 beds for
children (a nationwide rate
of 68.9 per 10,000 children). The hospital bed needs of newborn
infants and young infants, children suffering from infectious and
pulmonological
diseases and children undergoing surgery are fully met.
153. Over the
last 10 years, 17 separate maternity homes, 14 gynaecological
centres, 12 children’s hospitals and 14 children’s
polyclinics have been built, substantially boosting the material resources
available in the country’s children’s and
maternity establishments.
These construction rates cannot be maintained, however, owing to the economic
instability in Belarus.
154. As on 1 September 1996, Belarusian records
showed 241,547 children aged from birth to 14, with special needs in
their psychological
and physical development, constituting 10.9 per cent of
the total number of children in this age range. More than half of all children
with special needs in their psychological and physical development are aged
between 10 and 14. Of the total number of children in
this category, 40 per
cent are children with disorders of the internal and blood-related organs; some
20 per cent children with visual
disorders; 16 per cent with mental disorders;
9.5 per cent with motor disorders; 9 per cent with linguistic and speech
disorders;
3.7 per cent with deformities; and 2 per cent with hearing disorders.
155. To ensure that needy children receive professional attention, a
network of specialized medical and rehabilitation centres has
been established
in Belarus and children with chronic conditions receive treatment in specialized
sanatoriums and sanatorium-type
boarding schools. In all, there are some 80
specialized boarding schools operating in Belarus, providing education and
treatment
to 12,600 children with the most severe conditions (mental
retardation, blindness and poor vision, deafness and deaf-mutism, severe
speech
disorders and delayed mental development). Eleven thousand four hundred
children are receiving essential care in special
preschool establishments.
Medical and social rehabilitation centres have been opened for disabled children
affected with children’s
cerebral palsy in the cities of Minsk, Mahileu,
Brest, Kobryn and Mazyr. Special medical, psychological and educational
diagnostic
services have been provided in these centres, offering a range of
restorative treatment using medication and a combination of therapeutic
exercise
and massage.
156. Every year, more than 80,000 children receive spa
treatment in the children’s sanatoriums run by all ministries and
departments.
157. The country’s health-care system includes 13
children’s homes with a total of 1,120 places, housing 1,048
children
aged up to 3 and, in specialized children’s
homes, up to 4, including 564 children with profound mental and
physical disabilities.
During 1996, 271 children were adopted
from these homes, including 39 by foreign citizens.
158. One of the main
problems affecting the health-care system in Belarus at the current time is the
country’s population profile.
The last 10 years have seen a down-turn in
the medical and demographic situation in Belarus. The birth rate continues to
decline,
dropping to 9.3 births per 1,000 of the population in 1997, 44 per
cent lower than in 1985, and by 1 January 1998, to 8.8 births
per
1,000 of the population. Whereas up to 1986 the birth rate grew annually
by 1.6 per cent, after 1986 there was a sharp decline,
with an average
annual drop of 8.3 per cent, easing to 5 per cent in 1997. The current
birth rate, which in 1997 measured 1.2 births
per woman, is not sufficient
even to replenish the population, while, for the purposes of simple
replenishment of the population,
a birth rate of at least 2.15 children per
woman is required. A number of factors underlie this decline in the birth rate:
peculiarities
in the age structure of the population, social and economic
instability, the environmental consequences of the Chernobyl disaster,
and the
rapid changes in the system of values, in which growing importance is attached
to individual selffulfilment and an enhanced
sense of responsibility by parents
for the welfare of their own children.
159. The country’s social
and economic instability has caused abnormalities in the diet of children of
different age groups.
Families are eating less meat and meat products, fish and
fish products, eggs and fruit. These are being replaced by cheaper foods
- milk
and milk products, potatoes and bread products. These imbalances particularly
in the diets of low-income families, one-parent
families and those with two and
more children, means that there is a lack of minerals, vitamins and other
micro-elements in their
diet and, instead, an excess of animal fats and starch,
which, in the long term, if these adverse trends continue, could undermine
the
health of the entire population, particularly children.
160. Infant
mortality rates, which steadily declined until the early 1990s, are now showing
a distinct increase, particularly marked
in 1994 following the conversion to the
system of registering live births in accordance with WHO-recommended criteria
(1992 - 12.3
per cent, 1993 - 12.5 per cent, 1994 - 13.2 per cent,
1995 - 13.3 per cent). Figures for 1996 show a decline in infant mortality
to
12.5 per cent, and in 1997 to 12.4 per cent. Anticipating a deterioration in
the country’s health state and, as a result,
an increase in infant
mortality, the Ministry of Health has prepared a blueprint for the
reorganization of the maternity and childcare
service, which it is
systematically implementing and which is designed to protect the health of women
of fertile (childbearing) age,
to reduce the number of miscarriages and
abortions, to prevent illnesses in pregnancy, to protect the foetus and to
strengthen neonatal
and specialized paediatric services.
161. Through
the national programme for the preventive care of genetic consequences of the
Chernobyl accident it has been possible
to set up a system of medical and
genetic consultation and antenatal diagnosis of congenital developmental defects
and hereditary
diseases of the foetus and the newborn child. More than 98 per
cent of pregnant women receive one ultrasound scan and 84 per cent
also have a
repeat scan. The latest biochemical and cytogenetic diagnostic methods have
been introduced. Virtually all newborn
infants are screened for such serious
hereditary conditions as phenylketonuria, hypothyrosis and adrenogenital
syndrome. Over the
last five years, i.e. from 1992 to 1997, more than 2,400
pregnancies in which the foetus had congenital developmental defects were
identified and terminated.
162. In order to improve access to and the
quality of medical - primarily specialized - assistance for pregnant women,
newborn infants
and young children, the children’s resuscitation and
intensive care services have been reorganized, divisions or wards have
been
created in major maternity hospitals for neonatal intensive care and
resuscitation and seven emergency call-out teams for paediatric
and neonatal
resuscitation have been set up and equipped. In addition, the staff quotas of
children’s hospitals, maternity
homes and gynaecological centres have been
revised. These measures have made it possible for Belarus to start introducing
a multi-level
system of perinatal care and, taking the existing major district
and provincial maternity homes and children’s hospitals as
the basis, to
establish neonatal centres to which patients with birth problems can be referred
and to establish optimal conditions
for the care of newborn infants, primarily
sick infants carried to term as well as those born premature and underweight.
163. Forty-eight medical establishments (maternity homes and
children’s hospitals) have been identified by the Ministry of Health
on
the basis of their material and technical facilities to serve as level 2 and
level 3 neonatal care centres and the necessary medical
equipment has been
bought, on a centralized basis, for these establishments by the Ministry of
Health over the period 1994-1997.
164. These and other measures have
enabled Belarus, during the very difficult situation which it is currently
experiencing, to stabilize
and, to some extent, reduce infant mortality.
Absolute figures relating to child deaths up to the age of one year show that
medical
personnel are able to save a large number of children. While in 1986
2,284 children died before reaching the age of one, this figure
had dropped to
1,717 in 1990, 1,584 in 1992, 1,362 in 1995, 1,210 in 1996 and 1,127 in
1997. Between the ages of 1 and 14 the child
mortality level is 0.4
per 1,000 children. The main cause of child mortality in this age
range is accidents (50.4 per cent). In
comparison to 1994, maternal
mortality has dropped significantly: from 26.0 to 22 per 100,000 live
births in 1996. In 1997, however,
this indicator once again gave cause for
concern - at 25.7. Figures for deaths of women in pregnancy and childbirth
for the different
years are as follows: 1994 - 29, 1995 - 14, 1996 -
21 and 1997 - 23. As a result, the infant and maternal mortality rates
registered
for Belarus are the lowest of the countries of the Commonwealth of
Independent States and the Baltic.
165. Considerable assistance in
improving neonatal assistance and antenatal care has been provided by the Joint
Belarusian-Swiss project
for the delivery by the Swiss Government of neonatal
equipment and the training of medical and technical personnel. The
project’s
total cost is 6.1 million Swiss francs (5.6 million United
States dollars), and equipment has been provided to 33 medical
establishments.
166. Close cooperation with WHO and UNICEF to promote the
worldwide initiative on childfriendly hospitals, to encourage breastfeeding,
and
to address family planning problems, immune-prevention measures and other vital
areas of motherandchild health care has enabled
Belarus to study and, to the
maximum possible extent, to introduce up-to-date medical technology, primarily
for the health care of
children, especially newborn infants and young
children.
167. Besides the alarming demographic situation in the country,
a serious problem is posed for Belarus by the consequences of the
Chernobyl
disaster. Some 530,000 children and adolescents currently live in areas
contaminated by radionuclides. An analysis of
specific health quality
indicators has revealed the following unfavourable trends in their health
status:
− First and seconddegree hyperplasia of the thyroid gland, particularly in the youngest age groups, is becoming increasingly widespread;
− The prevalence of autoimmune thyroiditis and thyroid cancer among children is increasing;
− The number of children with clinical and laboratory signs of immunological deficiency is on the increase;
− The number of children with all the symptoms of anaemia is increasing;
− The incidence of neuro-circulatory dystonia and asthenia-related conditions is increasing.
168. Over the last 10 years there
has been an increase in the number of children affected by malignant
tumours, which has risen from
8.0 per 100,000 of the population in 1987
to 13.0 in 1996 and 15.2 in 1997. This increase in morbidity
rates is largely due to the
increased incidence of solid tumours. There are
distinct fluctuations in the incidents of leukaemia from area to area but
figures
have not exceeded the peak levels for this illness in the years before
the Chernobyl accident. There has, however, been a noticeable
increase in the
incidence of blood cancers. Leukaemia rates among children are measured at 44.7
per 100,000 (80-100 cases per year).
The growing incidence of thyroid
cancer among children is particularly worrying. While, in the pre-Chernobyl
period, there were
only one or two new cases per year of thyroid cancer among
children, since the Chernobyl accident more than 450 children, more than
half of
whom live in Homla province, have been operated on for this
condition.
169. The last three or four years have seen a distinct
improvement in the specialized health care provided to children. The
children’s
cancer division at the Belarusian Research Institute for
Oncology and Medical Radiology has increased its capacity from 45 to 60
beds,
with the addition of intensive-care wards. Minsk clinical hospital No. 9 now
has a children’s neurosurgery division
and clinical thyroid cancer centre.
Collaboration has been initiated with a number of medical establishments, such
as the Paediatric
Surgery Centre, the Blood Cancer Centre and the Homla Centre
for Genetic Medicine, and with foreign colleagues and counterparts.
Construction work has been concluded on a new children’s blood cancer
centre in Borovlyany, where state-of-the-art treatment
will be available for
children and adolescents with leukaemia and other malignant diseases of the
blood-forming and other organs.
170. In the coming years, the
country’s health authorities and establishments, including maternity and
paediatric establishments,
will increasingly direct their efforts towards
performance of the tasks outlined under the WHO Global Strategy for Health for
All
by the Year 2000, namely, the attainment by all residents of a level of
health which will enable them to live socially and economically
full lives.
Priority is being given in this undertaking to safeguarding and improving the
health of children and of women of childbearing
age.
171. A source of
particular concern for the medical establishment in Belarus is the growing
problem of AIDS, particularly among children
and young people. The 1998
HIV/AIDS handbook distributed to media workers contains the following figures:
as on 31 December 1997,
the number of persons infected with HIV in Belarus was
1,787, of whom 18 were of school age and 36 students at technical colleges
and
those suffering from AIDS 17, including 3 children. The infection is spreading
at a worrying rate: in 1994 there were 105 persons
infected with HIV; in 1995,
113; in 1996, 1,134; and in 1997, 1,787. A number of steps are being taken to
combat this “twentieth-century
plague”: a national AIDS-prevention
centre has been opened and is conducting extensive awareness-raising work among
the public,
including among children and young people. In cooperation with the
UNAIDS programme, a project was developed in 1996 on the prevention
of HIV
infection among intravenous drug users in the town of Svetlogorsk. Similar
projects have subsequently been developed for
the towns of Babrujsk, Mahileu and
Minsk. In October 1996, a two-week seminar was held in Svetlogorsk and in March
and June 1997
two “safe houses” were opened, at which more than
8,000 visits were logged over the period from March to October. In
October
1997, a group of specialists and experts, including some from abroad, carried
out an interim assessment of the project and
gave it their approval. The
project is funded by UNAIDS and WHO.
172. Starting in 1995, on 1 December
each year, World AIDS Day, a range of measures are held in Belarus, organized by
the Belarus
national TV company, the State Press Committee, the State Youth
Affairs Committee, the ministries of education, health, and culture
and local
authorities. Important, wide-ranging activities to mark World AIDS Day are held
on such themes as: cultural and arts
workers against AIDS; creative young
people against AIDS; sport and AIDS; children against AIDS; and others. Video
clips, films,
cultural displays, printed literature and other means are used to
spread the message. Extensive work is done among schoolchildren
as part of
their compulsory curriculum and in out-of-school activities.
173. By
its decision No. 1022 of 5 August 1997 the Council of Ministers ratified the
State programme for the prevention of HIV infection
for the period 1997-2000 and
a Belarusian interdepartmental council established on this issue. The primary
goals of the State programme
are to prevent the spread of HIV infection in
Belarus and to mitigate the social and economic consequences of HIV infection by
conducting
a range of organizational, scientific and practical measures. The
State programme is being carried out in the following main areas:
− Ensuring safe working conditions for health workers and the provision of medical assistance to persons who need it;
− Improving the system of epidemiological supervision of HIV infection in Belarus;
− Harmonizing the State HIV and AIDS control policy with UNAIDS and WHO recommendations;
− Organizing cooperation with State administrative bodies and voluntary associations of Belarus and other countries on issues relating to the prevention of HIV infection;
− Organizing cooperation with the State administrative authorities and voluntary organization of Byelorussia and of other countries in issues relating to HIV prevention.
174. The programme comprises four main
areas: First, medical aspects of the HIV/AIDS problem; second, social aspects
of the HIV/AIDS
problem; third, information and awareness reasons; and, fourth,
managing and implementing the HIV prevention programme. Information
and
awareness-raising materials issued under the programme: include publications on
AIDS in figures for 1997; on medical aspects
of the spread of TB and AIDS in the
world and in Belarus; on the essentials of human life: a manual and workbook
for teachers; on
AIDS prevention and guidelines on AIDS for community
speakers.
175. The traditional system of healthy recreation for children has
been maintained in Belarus. The State considers the organization
of such
fitness activities, as a form of social welfare for children and for the
families which raise them and, accordingly, bears
a considerable proportion of
the costs of sending children to stay in health and recreation camps. Fitness
activities are funded
from the State social security budget, from local budgets
and by enterprises. Parents are only required to cover some 10-15 per
cent of
the total costs of their child’s holiday. Among the children who have
enjoyed holidays in health and recreation camps,
sanatoriums, leisure centres,
holiday homes, school children’s summer camps, work and recreation camps
and other such establishments
are a large number of children from areas
contaminated by the Chernobyl accident.
176. In addition, every year, a
number of children from such affected areas travel abroad for health and
recreation holidays. Over
the period 1990-1995, some 138,500 children have
enjoyed such holidays abroad. More than 190 foreign organizations and some 80
Belarusian
organizations have helped to provide health and recreation activities
in 20 different countries for children from these contaminated
areas. The
number of children invited to other countries for health and recreation
continues to rise. While in 1990 2,600 children
made such trips, the figure for
1996 is some 50,000, or 10 per cent of the total number of children living in
the contaminated areas.
In 1997, 387,000 children, almost 50,000 more than in
1996, attended health and recreational camps and centres, where they were
able
to improve their health, expand their knowledge and gain new practical skills.
C. Social security and childcare services and facilities
177. The main tasks of the
children and family-oriented social policies in Belarus are the
following:
− Promoting a new vision of the family as the ideal environment for the full development and upbringing of the child; raising awareness in society of the role of the family in providing for the balanced development of the child, particularly in relations with other people, and the provision of a good example; preparing children to live in society;
− Promoting family values as an ideal for society; encouraging a culture of responsible parenthood, with motherhood and fatherhood as the highest human values;
− Upholding the right of children who are capable of forming their own views to give free expression to these views and according due attention to the views of children, in conformity with their age and maturity;
− Conducting activities at all levels to ensure the social and economic welfare of all families and providing for their psychological and educational needs; establishing social and educational services to meet the needs of families in the raising of children;
− Establishing additional safety nets for families in high risk categories;
− Setting up alternative systems for children abandoned by their parents;
− Exploring a range of social, economic, legal, medical, psychological and educational measures designed to prevent an increase in the numbers of disabled children and children with special needs in their psychological and physical development;
− Ensuring that State authorities, labour bodies, political parties, voluntary associations, educational establishments, newspaper, radio and television companies, business organizations and religious bodies are involved in activities to support families and children, to educate and raise the legal awareness of parents and to give effect to the rights of children;
− Publicizing family traditions and the values of Belarusian folk education, achieved through traditional folk festivities, customs, rituals, kinship relations and relations within families.
178. By its
decision No. 83 of 7 February 1996, the Government increased the
responsibility of biological parents for the raising
of their own children. The
decision stipulates that biological parents must cover part of the costs of the
maintenance of their
children in State establishments, with a monthly
contribution set at twice the minimum wage.
179. The State is constantly
at pains to improve the system of family welfare. Efforts are currently under
way to establish a central
State database containing complete information about
the various categories of families, to set up regional centres for family and
child welfare and to create new types of establishments for the provisions of
social services to children.
180. Families in high-risk categories are
the focus of particular attention by the State and society. Special
investigations are
conducted around the country to identify children deprived of
parental care, children from low income, large or single parent families,
to
monitor their material and living conditions and to determine the material needs
of poor families. Assistance is provided to
such families by the State
authorities, businesses, production units and organizations for the repair of
their homes, the delivery
of fuel and the provision of clothing and footwear for
their children.
181. Work is also under way in Belarus to expand the
network of telephone hotlines which may be used by children to call for urgent
help in protecting their rights. A statistical system is also being worked out
to log incidents of physical and mental violence,
harsh treatment and cruelty
against children, or failure by parents or those in loco parentis to take proper
care of children.
D. Standard of living
182. The Belarusian State and its authorities
attach great significance to the social welfare of children and are
endeavouring, through
a system of social and economic measures, to ensure that
children have the necessary conditions for their full development. The
actual
standard of living of children largely depends, however, on the financial
resources of the families in which they are being
raised.
183. The country
has State social welfare programmes which provide benefits to people who are
unable to earn their own income, are
unfit to work or have dependent children.
These programmes are funded from general tax revenues and are classified as
State social
welfare programmes. To establish their entitlement to social
support of this kind, individuals and families must submit proof of
income or be
assigned to specific categories, such as disabled, war veterans, victims of the
Chernobyl accident or other social groups.
184. In order to determine
which low-income families in Belarus receive such assistance, a base level has
been set for identifying
people in the needy citizen category. Under the
current methodology, needy families are considered to be those whose income
does
not exceed 60 per cent of the average monthly per capita
minimum consumer budget for families of four as gazetted for the previous
quarter.
185. Research has shown that one of the principal causes of
poverty in Belarus is the need to provide for a large number of dependents.
It
is this factor which is responsible for the relatively low income levels in
families with many children and single-parent families.
Children are the most
vulnerable age group. Some 45 per cent of children under 15 are below the
poverty line. An important measure
in ensuring the social welfare of families
was the entry into force on 1 July 1997 of the State Benefits for
Child-raising families
(Additions and Amendments) Act. The new version of the
Act correlates the levels of State benefits and the aggregate income levels
set
for the entitlement to such benefits with the minimum consumer budget. State
monthly benefits are granted for children over
the age of three in cases where
the aggregate family income does not exceed 50 per cent of the minimum
consumer budget. As a result,
it has been possible to increase the number of
families receiving such benefits by 7-10 per cent and to increase the benefits
themselves
by 50100 per cent.
186. Other forms of such targeted
assistance are also being set in place. Thus, in 1997, pursuant to the
presidential decree on the
payment of lump-sum benefits to large families, such
lump sums measuring 600,000 roubles were paid to more than 214,000 school
children
in 89,318 families.
187. Constant efforts, as
described below, are being made by the State to improve the family welfare
system. First, notwithstanding
the country’s economic difficulties, its
current legislation enshrines the right to social protection against certain
outside
risks, such as the loss of work capacity, illness, disability or loss
suffered as a result of an accident at work, unemployment,
old age, death, etc.
Second, social welfare is being delivered in a more targeted manner which
necessitates both a more careful
monitoring of the income level of the recipient
of the benefit and the equal access to benefits for representatives of all
population
groups undergoing hardships, and not just for representatives of
so-called high-risk population groups. Supplementary assistance
is provided to
these groups irrespective of their per capita income. Third, there are now more
varied ways and means of providing
social assistance. In addition to monetary
benefits, groceries and manufactured goods are also provided, as are a range of
services
and other benefits, such as reduced taxation, loans on easy terms, free
medicine, free spa treatment and the provision of medical
prostheses and invalid
vehicles.
188. Finally, given the decline in the standard of living, the
provision of social protection and support for needy families is starting
to
take such forms as charitable activities and the provision of social and housing
services free of charge. Voluntary foundations,
charitable associations and
other organizations are conducting activities for the health and recreation of
children and the social
rehabilitation of orphans and disabled children and a
range of other measures for the benefit of children, including the creation
and
conduct of special educational programmes and others.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance
189. In
Belarus, children’s right to education is enshrined in the Constitution
(art. 49), which states that every person has a right to education and
guarantees that general secondary and vocational technical
education shall be
available to all and free of charge. Under the Constitution, secondary
specialized and higher education is available to every person in accordance with
his or her individual capacities and
every person may, on the basis on a
competitive exam, receive an appropriate education free of charge in a State
educational establishment.
190. In 1998, the Ministry of Education
prepared a bill on the introduction of amendments and additions to the Education
Act, which essentially constitutes a new version of the Act adopted
in 1991. The current version of the Act stipulates that the State
shall
uphold the constitutional right of citizens to education, to support for their
skills and level of education and to protection
of their intellectual property
and shall set in place the necessary social and economic conditions to ensure
that they receive a
proper education. The Act also guarantees the right of the
Belarusian people and other ethnic communities living in Belarus to have
access
to the country’s own cultural and historical heritage and to the riches of
world culture.
191. Belarus currently has a nationwide system of
continuous education beginning at the preschool level. In 1990, the Ministry of
Education approved the blueprint for the development of pre-school facilities in
Belarus, establishing new guidelines for the upbringing,
education and
development of children in this age group, based on the wishes of parents and
the public at large for the way in which
children are raised and educated to be
updated, refashioned and given new form and content and for the range of
educational and health
and recreation services to be expanded. The new
guidelines and manuals in this area widely publicize the work of pre-school
establishments
not only with those children enrolled on permanent, all-day
programmes, but also those attending on a part-time basis, with flexible
hours,
and the availability of assistance from professional educationists in the
raising of children in the home. Where previously
pre-school establishments
were the main decision makers in the raising of children, now this role is
increasingly being played by
the parents, who select the appropriate pre-school
establishment for their children on the basis of their design, type, profile and
teaching systems. As a result, preschool establishments have now become
extremely versatile in their syllabuses and teaching methods,
which are oriented
towards the individual personality of the child and take into consideration the
child’s own capabilities.
192. On 1 January 1998, there were
4,500 pre-school establishments in Belarus. These cater to 434,400 children, or
65.3 per cent
of the total population in this age category
(74.9 per cent in the towns and 39.5 per cent in the
countryside). Of these, 45.9 per
cent attend Belarusianlanguage pre-school
establishments, 42.4 per cent Russian-language establishments and 11.7 per cent
establishments
using both languages. In addition, language establishments in
the Vitebsk, Hrodna, and Brest provinces where, at the request of
parents,
teaching is provided in Polish, German and other languages. Of all the
pre-school establishments, 6 have been identified
as development
centres, 13 have intensified programmes, 163 are combined with
kindergartens, 32 are remedial centres catering for
children with
special needs in their psychological and physical development and 27 are
sanatorium-type kindergartens.
193. To maintain this network of
pre-school establishments while the country’s birth rate is declining,
classes with mixed age
groups are being established in pre-school establishments
in all regions of Belarus, creating a family-type atmosphere in the classroom.
In addition, centres are being opened for art, dancing and music, as well as for
computing centres and language laboratories. Altogether
there are 3,500 clubs
in the kindergartens of Belarus, including more than 400 groups and clubs for
the study of foreign languages.
These classes begin at the ages of 4
to 5 and are conducted by qualified specialists in accordance with specially
prepared programmes.
194. New trends in this area include the
introduction of therapeutic and preventive health activities in pre-school
establishment,
the establishment of centres equipped for physiotherapy, massage
and dental treatment and the creation of health and recreation centres
with
swimming pools, saunas and health bars, at which children can get fit and learn
to lead a healthy lifestyle. In all, some 1,900
establishments (43.3 per
cent of the total) now have their own gymnasiums, 500 have swimming pools
and 3,600 have sports grounds,
where children can play sport and
pursue other fitness activities.
195. The country has a national games
and toys research and training centre, whose principal task is to design and
create new toys
and games that will develop children’s minds and may be
used in working with children at different levels of development, including
those with special psychological and physical needs. Sets of visual teaching
aids are also being developed for children, teachers
and parents but, owing to
funding constraints, it has not yet been possible to distribute these teaching
aids and toys to all families
and kindergartens.
196. All the
country’s pre-school establishments are fully staffed by qualified
teachers, who total 54,300. Of these, 37.5
per cent have degrees,
2 per cent have incomplete university education,
58.5 per cent specialized secondary education and
2.2 per
cent general secondary education. The number of specialists
with higher education is on the increase both in cities and in villages,
as the
number of employees with secondary specialized education drops. Teachers at
preschool establishments are divided into the
following professional categories:
3.3 per cent are in the highest professional category;
25.2 per cent in professional category
I; 39.2 per cent in
professional category II; and 32.3 per cent as unclassified. The
professional level of teaching staff in both
cities and villages is being
steadily raised. In the light of all the above, we may state with confidence
that the teaching and
child-raising services in pre-school establishments of all
kinds are being maintained at a high level and the necessary conditions
provided
to ensure the proper intellectual and physical development of
children.
197. General school education, which comprises
three levels - primary (from the age of 4), basic (from the age of 9)
and secondary
(from the ages of 11 to 12) - is the central link in the system of
continuous education, enabling children to develop a wide range
of creative
faculties and the basic skills applied in mental and physical work. On
5 September 1998, there were 4,783 daytime general
schools
in Belarus, with a total pupil complement of 1,600,500, including
738 primary schools, accounting for 15.4 per cent, or
20,600
children, 1,064 basic schools, accounting for
22.2 per cent, or 77,300 children, and 2,779 secondary
schools, accounting for 58.1
per cent, or
1,396,000 children.
198. Even at the very first stage of education,
a differentiated approach is followed in teaching and raising children. This
differentiation
is essentially achieved by varying the actual teaching process:
the syllabus is covered at different speeds for different children;
children are
given a wide range of options in their subjects and activities; set work is
adapted to individual capabilities; classes
and groups are streamed on the basis
of recommendations by psychologists and medical workers. Basic schooling is
compulsory for
all children. At this level the children’s individual
personalities are shaped and their abilities, interests and value systems
are
developed. The full range of secondary education is provided at secondary
general education schools, science-oriented and arts-oriented
secondary schools,
vocational and technical colleges, polytechnics and other
colleges.
199. Pursuant to the presidential instruction of
4 January 1996 and government decision No. 554 of
21 August 1996 on the blueprint
for the reform of the general
educational school system in Belarus, work has started on educational reforms in
this area. This reform
process includes such measures as the development of a
new set of standards, revising the number of years that various subjects are
taught and devising more efficient timetables for schools and
colleges.
200. In recent years the numbers of pupils at secondary schools
(88.2 per cent of the total number) have increased, and this trend,
in
turn, is helping to raise the general educational level of young people in the
country. Every year more children completing basic
schooling wish to proceed to
secondary school: in the school year 1997/98 this proportion was
63 per cent.
201. There has been a considerable increase in
the number of pupils receiving advancedlevel education. In total,
387,000 pupils benefited
from various forms of the differentiated education
system during the last school year, representing 24.4 per cent of the
country’s
total pupil complement. An increasingly large number of schools
and classes offer advanced instruction in individual subjects.
Private schools
at the different levels (primary, basic and secondary) are starting to appear.
Currently, there are 11 such schools
catering for more than
1,000 pupils. Special scienceoriented and artsoriented secondary schools -
another innovation - are also
being set up. As on 5 September 1998,
there were 73 artsoriented secondary schools (with a total of
69,200 pupils), 26 scienceoriented
secondary schools (with
14,100 pupils) and 4 colleges (with 2,200 pupils), all of
which play an important role in developing in children
an interest in knowledge
and an aptitude for scientific work. Through close cooperation with the
teaching staff at establishments
of higher education, schoolleavers from
scienceoriented and artsoriented secondary schools receive guidance in choosing
the right
university course. Every year, more than 95 per cent of
schoolleavers from such schools proceed to establishments of higher
education.
202. As on 5 September 1998, the establishments responsible
for the education, upbringing and rehabilitation of children with special
needs
in their psychological and physical development included 80 special
boarding schools (12,600 pupils), 18 special schools (3,800
pupils),
847 integrated education classes (2,700 pupils), 452 special classes
(5,500 pupils), 30 special kindergartens and 874 groups
in kindergartens
(1,400 pupils), 1,005 disability centres (34,800 pupils). There
are also nine residential homes for disabled children,
accommodating some 2,000
children.
203. By developing an extensive network of educational
establishments, Belarus has been able to ensure that vocational and technical
education is both easily available and provided free of charge. In the 1998/99
school year, there were 240 colleges under the Ministry
of Education, with
a total student complement of some 123,900. At these colleges training is
provided in more than 300 trades and
professions. The colleges providing
vocational and technical training are reasonably well equipped and are built
according to a
standardized design. The technical colleges have at their
disposal more than 30,000 separate pieces of equipment and machinery,
including
machine tools, tractors and other plant. Training farms with a total of more
than 19,000 hectares of arable land have
been set up as part of the
54 agricultural colleges. To ensure that the educational needs of young
people are covered as fully as
possible, 32 colleges also provide vocational
training for pupils at general education schools.
204. In recent years,
five new training centres have been established in the vocational and technical
education system, providing
job-related training and vocational guidance for
school children who may then go on to acquire a working skill, in accordance
with
their interests and abilities, at the same college.
205. In
accordance with article 27 of the Rights of the Child Act and article 20 of the
Disabled Persons (Social Protection) Act,
vocational training is also provided
for disabled children and children with special needs in their psychological and
physical development
in special divisions or special groups at vocational and
technical colleges. There are 33 such vocational and technical colleges
in
Belarus and in the 199899 school year these provided training
for 1,087 young people with special needs in their psychological
and
physical development and 322 disabled children. Two vocational
training centres have now also been set up for young offenders
in correctional
labour colonies. The costs of educating and training orphans and children
deprived of family care are borne entirely
by the State and in 1997 there were
some 2,500 youngsters in this category following courses at vocational
and technical colleges.
206. To extend the opportunities available to
schoolleavers from general education schools for higherlevel vocational and
technical
training, there are now 35 new colleges in Belarus which integrate
vocational and technical training with secondary specialized education:
34 of
these are higher vocational colleges and one a higher technical college, and
together they provide training in 60 trades and
professions and 18 special
skills.
207. Over recent years, with a view to making more effective use
of the country’s material and skilled human resources,
10 associations
of technical colleges have been set up, to provide
accelerated training for high achieving graduates of technical colleges:
18 colleges
have come to arrangements of this kind with universities. A
system of continuous agricultural education has also been set up, under
which
students can follow accelerated courses at the university or the secondary
technical level at the Belarusian Agricultural Technical
University or the
country’s agricultural colleges. At the current time, 20 agricultural
colleges and 10 agricultural polytechnics
are included in this
system.
208. A number of scientific and training associations have also
been established. linking, variously, vocational and technical colleges;
technical colleges and universities; and universities, technical colleges and
firms. There are currently more than 25 such scientific
and training
associations under the Ministry of Education alone, which also has six
provincial and one national artistic and technical
craft centres for young
people. Each training college has a variety of sports clubs, arts and crafts
and other special-interest
clubs and libraries. Students have access, free of
charge, to technical and popular literature.
209. Secondary specialized
education is a distinct component of the continuous education system. It is
administered by various types
of educational establishments, including
higher-level colleges, polytechnics, secondary specialized colleges and
vocational colleges
providing advancedlevel instruction in the secondary
specialized education programme. Under the admissions system, anyone may apply
for admission to the colleges listed above and successful candidates are
selected on the basis of an entrance examination. All applicants
compete on an
equal footing. In order to ensure that the social rights of young people are
fully protected, the target admission
levels for secondary specialized
educational establishments in 1998 have been maintained at the same level
as in previous years.
As on 5 September 1998, there
were 152 State and 3 private secondary special educational
establishments in Belarus, catering for
133,400 pupils in 150
subjects. The syllabuses at these schools are constantly revised and updated in
line with the needs of the
client community and the different regions of the
country. In addition, specialists with secondary specialized education receive
higher-level training at 35 university-level vocational
colleges.
210. The secondary specialized education system is also
currently being overhauled. New types of teaching establishments are being
set
up under the country’s education system: these include
3 university-level colleges, 22 colleges and 21 associations of
training
colleges, universities and businesses, set up to make more efficient use of the
funding resources and training and material
facilities of their member bodies.
A selection process is followed to identify the highest achieving graduates from
vocational colleges,
who then undergo further training in specialized
educational establishments, first at secondary and then at university level. At
the same time, efforts are made to ensure that such opportunities are equally
available to young people from rural areas.
211. The particular manner
in which teaching is organized at university-level colleges means that
specialists on both secondarylevel
and higherlevel courses are trained in a
continuous process. Some colleges run special courses to train specialists for
specific
enterprises and institutions. Compulsory laboratory and practical
sessions are included to develop the necessary skills in the use
of professional
equipment. If they wish, students may pursue the more intensive study of
certain subjects in special study groups
and clubs and demonstrate their
individual skills in a range of arts and crafts activities or in sports
activities conducted within
the college itself. Arts and crafts exhibitions,
organized to identify talent among students at secondary specialized
establishments,
are held both at the colleges themselves and at provincial and
national levels.
Virtually all secondary specialized schools and colleges are well provided
with material facilities and equipment, including student
residences, sports
centres and libraries and reading rooms with large holdings of technical,
reference and other literature.
212. The scholastic performance and
conduct of students at secondary specialized schools and colleges is
monitored, in accordance
with the statutes and internal regulations of the
establishment concerned, by a group monitor (class supervisor). The operation
of the school or college is monitored by the appropriate administrative
authority and the State Educational Inspectorate.
213. All students from
other towns and from rural areas are housed in residences. Students with
refugee status have the same entitlements
as other students at the school or
college. By Presidential Decree No. 474 of 20 November 1995 on
the provision of social support
for young people, since 1996 students at
secondary specialized schools and colleges with daytime attendance receive
financial support
in the form of scholarships, grants and bursaries and, where
necessary, may be granted additional material assistance from the bursary
fund,
which has been increased from the State budget by
5.5 per cent.
214. The next stage in the continuous education
system is higher education. As on 5 September 1998, there were
42 State higher education
establishments in Belarus (catering to
207,200 students), under the authority of 10 different ministries and
departments, 22 of which
(with 137,000 students) came under the
Ministry of Education. Of these 42 State establishments, 17 are
universities, 9 academies,
12 institutes, 3 university-level colleges, and 1 a
universitylevel training centre. In addition, there are 15 private higher
education
establishments in Belarus, catering for 36,500 students. Of the
total number of students in need of accommodation, 76.2 per cent
are housed in
college residences. Under the rules for admission to higher and secondary
specialized education establishments of
the Republic of Belarus, orphans and
children deprived of parental care who have passed the entrance examination are
admitted on
a preferential basis. The same concession is accorded to candidates
with category I and category II disabilities, provided that
such
education is not contraindicated by the findings of a medical rehabilitation
expert commission.
215. The legal regulations determining the choice of
language of education are set forth in the Constitution, the Languages Act, the
Education Act, the Ethnic Minorities Act and the Rights of the Child Act. On
13 July 1998, a new version of the Languages Act was adopted. Under
article 2 of the Act, Belarusian and Russian are State languages in
Belarus. Citizens of Belarus have the right
to use their own national language.
Article 21 of the Act states that every resident of Belarus has the inalienable
right to be raised
and educated in either Belarusian or Russian. Members of
other nationalities living in Belarus also have the right to be educated
and
raised in their native languages. In accordance with articles 22 and 23 of the
Act, children in pre-school establishments and
in children’s homes, and
pupils at general education schools are raised and educated in Belarusian or
Russian or both. In
accordance with the wishes of the public, local authorities
may also set up children’s pre-school centres or groups and also
general
education schools or classes in which children are raised and taught in the
language of an ethnic minority or in which they
may learn their language. The
study of Belarusian, Russian and one foreign language is compulsory in all
general educational schools
in Belarus.
216. Work is under way by teams
of teachers and the education authorities to ensure the best possible conditions
to meet the educational
needs of members of all nationalities, including ethnic
minorities. A special meeting of the Board of the Ministry of Education
was
held to discuss this problem, and attended by all interested parties.
Syllabuses have been developed which cater to the need
of members of ethnic
minorities to study their native language or to be taught in the medium of that
language, as well as to study
the literature, cultural heritage, history and
geography of the country of origin of their particular ethnic group. Thus,
syllabuses
have been prepared for Polish language, literature and history. In
Lithuanianmedium classes, pupils follow syllabuses on Lithuanian
language,
literature, history and geography. More than 14,000 children study
Polish, 800 of them receiving Polishmedium education.
Lithuanian is studied by
200 children, Hebrew by 1,500 and Ukrainian by 300, in two
schools.
217. Cooperation agreements have been signed between the
Ministry of Education of Belarus and the ministries of a number of other
countries. Under such cooperation arrangements, joint BelarusianPolish and
Belarusian-Lithuanian consultative commissions have been
set up to look at such
issues as the education of ethnic minorities.
218. The Ministry of
Education is also responsible for out-of-school establishments. Notwithstanding
the economic problems currently
affecting the country, the State provides
support for these establishments, whose primary goal is to develop children and
young people’s
talents and creative skills, to satisfy the wishes of
individuals and families for additional educational services and to help them
acquire the knowledge, skills and aptitudes which they need to adapt to the new
social and economic conditions. As of 1 January
1998, talentpromoting
activities for children were being organized by 181 children’s creative
centres, catering for 211,100
children, 37 crafts centres, catering for
27,300 children, 28 environmental and young biologists’ centres,
catering for 20,700
children, 26 children’s and young people’s
hiking and excursion centres, catering for 17,400 children, 25 holiday centres,
catering for 8,400 children, 10 children’s parks, catering
for 3,500 children, 5 children’s stadiums, 3 young sailors’
clubs, 39 associations for the organization of afterschool work, 271
children’s libraries, 360 music schools,
24 children’s
art schools, 5 children’s dance schools, 8
youth theatres and 151 museums, making a total of 982 special
establishments for
children, catering for 1,077,000 children.
219. Over recent years Belarus has managed to avoid drastic cuts in its
network of afterschool establishments and in some parts of
the country has even
been able to increase their number. Their activities are funded from State and
regional budgets and children
attend them, by and large, free of charge. The
proportion of fee-paying services offered at such establishments is
insignificant.
220. The national continuous education system, as
already noted, is currently being overhauled, to bring it into line with the
country’s
improved new legislative framework. In accordance with the
annex to the schedule of planned new bills in the Republic of Belarus,
the
national bills on vocational education and on higher education, whose
preparation is scheduled for 1999, have been identified
as top priorities.
B. Leisure, recreation and cultural activities
221. Considerable importance is attached in Belarus to giving children an
artistic education and developing their creative abilities.
These activities
are conducted through a system of artistic education at primary, secondary
specialized and higher levels, which
is currently administered by
527 children’s art schools situated in virtually every town and
district centre. Art schools
previously run by collective farms in rural areas
are now being funded by the State, in response to the economic crisis in the
country.
There are 254 such schools, constituting almost half of the
country’s total. The total number of children’s art schools
has not
merely been maintained, but was even increased in 199697, and now caters for
85,000 children. The number of children taking
classes in dancing and in
decorative and applied art has increased. Steps have been taken to limit any
increase in the fees charged
for children’s artistic classes of all types.
By instruction of the Council of Ministers, the Ministry of Culture has set a
limit on such fees of 30 per cent of the minimum
wage.
222. A programme is under way to open new arts schools with a
multidisciplinary profile, so that the needs and wishes of the public,
for
children’s primarylevel education in the arts, music and dance and for the
development of their creative talents are more
fully satisfied. Since 1995, the
Maladzik Arts Education Centre has been in operation in Vitebsk, incorporating
schools of fine
arts, acting, dance and other performing arts, a film studio and
a beauticians’ school.
223. The syllabuses offered by music and
performing arts schools, art colleges and secondary specialized colleges and
schools includes
courses in the history, culture, traditions and other cultural
values of the people of Belarus as well as the world cultural heritage.
Children learn about the history of cultures from all over the world, of the
arts and of theatre and ballet, including the history
of Belarusian arts and of
world and Belarusian musical literature.
224. A successful system has
been applied for identifying gifted children for enrolment in secondary
specialized arts schools and
colleges. There are 20 such establishments in
Belarus, situated in all provincial centres and many other major cities,
including
Pinsk, Lida, Novopolotsk, Mozyr and Baranovichi. All students who
perform well in art schools and display a professional aptitude
for their
subjects may continue their studies with a view to obtaining a professional
qualification in any of 49 different special
fields. In all, there are some
7,000 students following courses in arts and cultural colleges at secondary
level. In order to train
specialists and to ensure that there are sufficient
numbers of professionals with arts qualifications working in areas affected by
the Chernobyl accident, the Homla branch of the A.K. Glebov Arts College in
Minsk, which forms part of the Belarusian Academy of
Arts, has been upgraded to
the Homla Arts College.
225. A number of special schools and colleges at
the secondary level have started courses which may also be taken by disabled
students.
These include courses in folk art, at the Vitebsk, Minsk, Hrodna and
Mahileu arts colleges; in librarianship and bibliography at
the Mahileu College
of Librarianship; and in sculpture, design and decorative and applied arts at
the A.K. Glebov Arts College in
Minsk, under the Belarusian Academy of
Arts.
226. The Ministry of Culture gives particular attention to gifted
children and talented young people who have excelled themselves
in creative
work. Particularly talented school-leavers from secondary specialized schools
and colleges in Belarus may continue their
studies at tertiary level, in both
academies and universities. Particularly concerted efforts have been made over
recent years to
identify talented children and young people and to enrol them as
students with the country’s leading teachers, such as Professor
V.N. Elizariev of the Academy of Arts and Music, who holds the title
People’s Artist of the USSR; V.L. Rakhlenko, Merited Arts
Worker;
G.K. Vashchenko, People’s Artist of the Republic of Belarus; and
others. Thanks to the work that has been conducted,
talented Belarusian
youngsters represent their country with honour at international artistic
gatherings. Funds from the central
budget are allocated annually for such
purposes and most trips by participants to international festivals and
competitions of young
musicians, dancers and artists are funded in this way. In
1998, 2,186 billion roubles were allocated for these
purposes.
227. The last two years have seen a number of significant
international achievements, prominent among which are the victories of
Andrei
Ponochevny at international piano competitions in Cologne, Germany,
and Maryland, United States, and Yury Blinov at the Prokofiev
competition
in St. Petersburg. The students’ choir of the Academy of Music won
the Oscar - the top prize - at an international
competition in Germany. For the
first time, Belarusian classical dancers performed with distinction at the
world’s most prestigious
ballet competition, held in Varna, when dancers
from the State College of Dance won bronze medals. The children’s brass
band
from the Belarusian College of Music received the top prize, the
“Golden Strings” award, at a competition in Poland and
the boys
choir from the same college took first place at the MendelssohnBartholdy
International Choir Competition in Germany.
228. A system of
children’s and young people’s competitions in the creative and
performing arts has been developed in
Belarus and many of these events have
become international in scale. These include the Oginsky Chamber Music Festival
and Competition,
the Bogdanovich Young Composers’ Competition, the Ballet
Lovers’ Festival, the Music of Hope Competition and various
children’s open-air painting events, dedicated to such artists as Chagall,
Saint Exupéry, the Roerichs and Repin.
229. Cultural
establishments, including schools and colleges, take an active part in the
festivities and other cultural measures,
such as those to mark Mothers’
Day, Family Day and International Child Protection Day, running arts programmes
for families
with disabled children, organizing exhibitions of children’s
art and arranging musical evenings. Assistance in the form of
organizational,
artistic and financial contributions (to a total of some
1 billion roubles) was provided by the Government for the
conduct of
nationwide television festivals to identify young talent held under the slogan
“We were all young once”; national
amateur talent festivals for
children from children’s homes, boarding schools and special schools, held
under the slogan “Rainbow
Dance”; a regional festival of the
Belarusian polka; nationwide children’s musical festivals; a
children’s painting
festival showing children’s images of
themselves; an artistic programme devoted to postChernobyl rehabilitation and
other activities.
There are more than 10,000 children’s clubs
and associations currently operating in Belarus, with a combined membership of
some 135,000 children and teenagers, and 180 performing groups have been
officially recognized for their outstanding achievements.
230. An
important aspect of children’s cultural and leisure activities is the work
of professional outfits. In Belarus, there
are seven puppet theatres and one
theatre company - the Young Spectators’ Theatre - which specially cater
for children and
young people. In 1997, the Young Spectators’ Theatre
staged 288 performances, attended by a total of 115,000 spectators;
the
State Puppet Theatre put on 329 performances, with a total of
75,000 spectators; the Brest provincial puppet theatre - 344 performances,
with 64,000 spectators; the “Lyalka” puppet theatre in Vitebsk - 249
performances, with 35,000 spectators; the Hrodna
provincial puppet theatre
- 306 performances, with 63,000 spectators; the Batleika provincial puppet
theatre in Minsk - 243 performances,
with 23,000 spectators; the Mohileu
provincial puppet theatre - 311 performances, with 43,000 spectators;
and the Homla provincial
puppet theatre 271 performances, with
40,000 spectators. The Homla Theatre does not have its own premises and
operates as a travelling
theatre, serving children’s community centres in
Homla and other towns in the province.
231. The country’s 16
theatres include in their repertoire 742 plays for children, which they stage on
public holidays and weekends
as well as during the school holidays. In total,
these performances are attended by some 200,000 children per year. Theatres are
actively developing patronage arrangements with children’s homes, disabled
children’s centres and boarding schools.
Theatre tours to villages in
areas contaminated by the Chernobyl disaster are funded by the Belarusian
Ministry of Culture.
232. The Belarusian State Philharmonia has developed
10 concert series for children, which are currently being performed, and also
conducts a music week for children and young people. The Children’s
Philharmonia gives some 3,000 concerts every year in secondary
schools and
kindergartens. At weekends and on holidays the State Musical Comedy Theatre and
the National Academic Opera and Ballet
Theatre put on shows for children.
Performances by the Belarusian State Circus are, by and large, designed for
children’s
audiences. The Belarusian Academy of Music conducts a wide
range of concerts for children and young people and the students’
theatre
of the Belarusian Academy of Arts includes children’s plays in its
repertoire.
233. The country’s museums attach considerable
importance to work with the younger generation. Pre-school children,
schoolchildren
and college and university students constitute nearly two thirds
of all visitors to museums. The Belarusian Museums and Museum Facilities
Act
stipulates that admission to museums must be free for orphans and that there
should be one free admission day for all visitors,
including children, per
month. All State museums have special programmes and plans for working with
children, including a wide range
of measures in such areas as local history and
creative arts. The Minsk State museums provide regular support to Vilejka
boarding
school under their patronage arrangements with the
school.
234. Belarus has 4,800 libraries with facilities for children and
young people. Of these, 271 are specialized children’s
libraries,
with total holdings of over 7 million publications covering all
subjects. In 1996, the libraries were used by a total of 1.3 million
young
readers up to the age of 15, who made around 14 million borrowings, and, in
1997, 25 million borrowings. Libraries play a
very important role in the
aesthetic education of children, by holding exhibitions of children’s
creative work, setting up
amateur groups and other clubs and organizing
children’s puppet theatres. Popular activities organized by libraries
include
family fun days and library gettogethers for literary readings or
musical concerts. Appearances by writers and poets, literary skits
and quizzes
are regular features. During the summer school holidays, the libraries
hold a book week for children and young people, the country’s
longest-standing children’s festivity, which dates back
to 1964.
Children’s libraries are invariably among the award-winners in the annual
national inter-library tournament.
235. Special mention should be made
of the establishments under the Ministry of Culture responsible for publicizing
and raising awareness
of children’s rights. As part of the special course
on children’s rights in cultural education centres, students analyse
the
effect on the psychology of children exercised by the mass media, visual arts
and other phenomena. Particular attention is given
to the negative influence of
works containing pornographic elements or propagating the cult of violence and
cruelty and attention
is drawn to efforts by the State to ensure that children
have every opportunity to learn about the history, tradition and cultural
riches
of the Belarusian people and about the attainments of world
culture.
236. Most secondary schools and colleges specializing in culture
and the arts hold series of meetings between lawyers and students
on
children’s rights issues, and include lectures for teachers and parents on
the provisions of the Convention on the Rights
of the Child and the Belarusian
Rights of the Child Act. The Belarusian Academy of Arts conducts
students’ competitions of
posters on child protection issues. The
syllabuses for such subjects as Belarusian studies, the history of Belarus,
philosophy and
aesthetics now include eight hours of instruction on the
provisions of the Belarusian Rights of the Child Act.
237. This work has
been most extensively developed by the Belarusian University of Culture. The
provisions of the Belarusian Rights
of the Child Act are primarily covered in
the various courses offered by the Faculty of Cultural Studies, such as those on
social
work, rehabilitation through art and social workers’ techniques,
law studies, human rights and the planning of cultural and
leisure activities.
In all these courses, theoretical studies are combined with practical work. As
an integral part of their course,
in the first and second years (second and
third semesters) students do practical work as volunteers, and in the second
year they
perform voluntary work with the Belarusian Red Cross Society, the
National Charity and Health Foundation and the Disabled Children’s
Parents’ Association. Children in need of individual home assistance are
identified and twinning arrangements made between
such children and students,
who provide assistance once a week: they visit bedridden invalids, help clean
up rooms and sit and chat
to the children. The main centres for such practical
activities are the International Children’s Haematological Centre, the
disabled children homes, Minsk Special School No. 41, and the special classes
for children with special needs in their psychological
and physical
development.
238. One of the main problems currently faced by cultural
organizations is the quality of certain films and other visual material,
which
clearly have a harmful influence on the younger generation. To stem this flood
of offensive material, the Belarusian Expert
Commission for the Prevention of
Propaganda and the Cult of Violence and Cruelty was set up in 1992 pursuant to a
decision of 21
January 1992 of the Presidium of the Supreme Council on measures
to prevent pornography and the cult of violence and cruelty, and
Order No. 136 of 18 February 1992 of the Council of Ministers. The
tasks and jurisdiction of the Commission have been fleshed out
in orders No. 773
of 24 December 1992 of the Councils of Ministers on additional measures to
prevent pornography and the cult of violence and cruelty within the territory
of Belarus and No. 977 of 29 July 1997 on the prohibition,
restriction and
suspension of certain cultural activities.
239. The Commission’s
primary tasks are:
− To conduct regular expert assessments of films, plays, concerts and other performances, works of art, albums, pamphlets, magazines and other printed publications intended for public display, in order to prevent the spread of propaganda and the cult of violence and cruelty;
− To conduct expert assessments of video films and other audio-visual materials and television and radio programmes on application from their authors and those involved in the rental of video materials, as well as from State and nongovernmental organizations and individuals;
− To elaborate and to improve the scientific criteria for the expert assessment of materials and artefacts containing elements of pornography, violence and cruelty.
240. Over the last two years the
Commission members have issued expert findings
on 1,500 videocassettes, 800 issues of 359 different
magazines and
newspapers, 100 different printed products (calendars, postcards, playing cards,
etc.) and some 100 audiocassettes.
Most of the expert assessments have been
made at the request of the law enforcement authorities. In May 1997, an
international
conference on current theoretical and practical aspects of public
morality was held on the initiative of the Commission, with the
participation of
some 120 specialists from relevant ministries and State committees,
representatives of cultural associations and
officials from State
authorities of all levels. On the instructions of the presidential
administration of the Republic of Belarus,
the Conference proceedings are being
issued as a separate publication.
241. The Commission’s work has
been considerably hampered by flaws in the legislation, the porous nature of the
frontiers between
Belarus and other former republics of the USSR, access to a
common broadcasting space (e.g., satellite television), the inertia of
central
and local authorities and the complacency of the local law enforcement agencies.
242. The principal obstacle to efforts to organize cultural and leisure
activities for children is posed, however, by the lack of
funds. On
average, cultural services reach only some 60-70 per cent of the
country’s children, with negative consequences
for the aesthetic
development of the younger generation. The number of cultural clubs and
associations being set up in residential
areas is still insufficient. The
funding problems experienced by cultural establishments are forcing them to
introduce a system
of fees, which is reducing attendance levels. The
country’s economic crisis has led to a drastic reduction in the number of
public libraries. The worst affected are the village branch libraries, the bulk
of whose readers are children. Over the last five
years, 677 village libraries
have closed. Since these libraries each served a number of villages and
settlements, their closure
means that children in some 1,800 small villages
now have no access to a library. Central budget funding for the acquisition of
musical instruments for children’s music schools has been cut and the
remaining stock of musical instruments is rapidly wearing
out. While in 1992,
272 pianos, 110 dulcimers and 80 guitars were acquired through the Belarusian
musical industry, in 1995 only
8 pianos, 15 dulcimers and 1 guitar were
thus acquired and in 1996 no new instruments were acquired at all.
VIII. SPECIAL PROTECTION MEASURES
Refugee children
243. Issues
relating to the legal status of refugees in the territory of Belarus are covered
by the Refugees Act. Under article 10
of the Act, aliens who have been
recognized as refugees and members of their families over the age of 16 are
issued with a refugee
identity document of the stipulated kind.
244. An
alien who has acquired the status of a refugee has the right:
− To live in a populated area;
− To acquire Belarusian citizenship in accordance with the country’s legislation;
− To health protection;
− To receive benefits.
245. In accordance with Council
of Ministers Decision No. 1132 of 28 August 1997, children under 16 in refugee
families are granted
financial assistance at a level established for refugees
and persons applying for refugee status.
246. A new refugees bill is
currently under preparation. By comparison with the existing Refugees Act, the
rights of refugees are
considerably extended in the new version and it is worth
noting that particular attention is given to the legal status of refugees
of
minority age.
247. Under article 87 of the new version, an alien who
has been recognized as a refugee and is aged over 16 is issued an identity
card
of the stipulated type. This is the principal document attesting to the
identity of the refugee and confirming the lawfulness
of his or her residence in
Belarus and it may not be arbitrarily withdrawn. Details of family members
under the age of 16 of an
alien who has been recognized as a refugee are entered
in the identity document of one of their parents and, should there be no
parents,
the identity document of a guardian or of another family member who has
reached the age of 18.
248. An alien recognized as a refugee and under
the age of 18 who entered the country unaccompanied by any legal representative
may
also, at the discretion of the tutelage and guardianship authorities, be
granted an identity card.
249. Aliens who have been recognized as refugees and members of their
families who have entered the country with them have the right:
− To reside in the territory of the Republic of Belarus;
− To choose the populated area where they wish to make their own homes;
− To receive medical assistance and medication on the same footing as citizens of the Republic of Belarus;
− To receive assistance and guidance in vocational training or finding work on the same footing as citizens of the Republic of Belarus;
− To find paid work or to start their own businesses on the same footing as citizens of the Republic of Belarus;
− To receive social protection, including social welfare benefits, on the same footing as citizens of the Republic of Belarus;
− To have access to the national education system on the same footing as citizens of the Republic of Belarus; and
− To exercise other rights.
250. Since 23 January 1993,
the Belarusian Red Cross Society has run a missing persons service, which looks
for people who have gone
missing and helps reunify separated families. This
service cooperates on a non-agreement basis with the Central Tracing Agency of
the International Committee of the Red Cross as well as with the International
Tracing Service and appropriate bodies of the Red
Cross Societies of other
countries under the framework of the International Federation of Red Cross and
Red Crescent Societies, which
the Republic of Belarus joined in
1995.
251. An agreement on priority measures for the protection of the
victims of armed conflicts was concluded within the framework of
the
Commonwealth of Independent States; it entered into force in 1994 and was
ratified by Belarus later that same year.
252. Over the period
1992-1997, a total of 31,249 people, including 9,089 children aged
under 16, entered Belarus from other countries
of the Commonwealth of
Independent States and from the Baltic and applied to the State Immigration
Service for refugee status. As
of 1 February 1998, there are
three children aged under 16 belonging to the family of a person who has been
granted refugee status
and applications for such status have been received, and
are currently under consideration, from two citizens of Afghanistan whose
families include six children aged under 16.
Children in armed conflicts, including physical and
psychological recovery
and social integration
253. Belarus
is party to most international treaties governing relations during armed
conflicts. Thus, it is party to the four Geneva
Conventions and the two
Additional Protocols, relating to the Protection of Victims of International
Armed Conflicts and the Protection
of Victims of NonInternational Armed
Conflicts; the 1954 Convention for the Protection of Cultural Property in
the Event of Armed
Conflict and its protocol; the 1989 International Convention
against the Recruitment, Use, Financing and Training of Mercenaries;
the 1948
Convention on the Prevention and Punishment of the Crime of Genocide; the
1968 Convention on the NonApplicability of Statutory
Limitations to War Crimes
and Crimes Against Humanity; multilateral instruments adopted in the framework
of the 1899 and 1907 peace
conferences at the Hague, and
others.
254. Belarus has no specific legislation on the status of minors
in conditions of armed conflict; their special status is taken into
consideration both in the application of the compulsory military service
requirement and in determining penalties for the commission
of crimes in times
of peace.
255. Under the Belarusian Rights of the Child Act, children may
not be incited to participate in military activities or in armed conflicts,
war
and violence may not be propagated among children nor may children join armed
formations. As noted in paragraph 48 above, military
conscription applies from
the age of 18 (art. 29 of the Act). A similar provision relating to the age of
compulsory military service
(from 18 to 27) may be found in the Universal
Military Conscription Act (art. 14).
256. General principles relating to
the prosecution of minors for the commission of crimes are established by the
Rights of the Child
Act (art. 13) and detailed regulations in this regard are to
be found in the Criminal Code and the Code of Criminal Procedure. Criminal
liability may be incurred by minors from the age of 16. Persons aged 14 and
above may be prosecuted for the commission of particularly
serious crimes.
Military crimes are not included in this category (see art. 10 of the
Criminal Code). The special considerations
applicable to the criminal liability
of minors and to the determination of penalties apply regardless of whether the
crime in question
was committed in times of peace or of war.
Children in conflict with the law
257. In order to give
protection to the rights and fundamental freedoms of minors, the legislation of
Belarus stipulates that criminal
liability may be incurred for the commission of
certain acts, as described below.
258. Under paragraph 3 of article 115
of the Criminal Code, the rape of a minor girl is punished by deprivation of
liberty for periods
of between 5 and 15 years. Under paragraph 4 of that
article, the rape of a girl child is punished by deprivation of liberty for
periods of between 8 and 25 years, or by life imprisonment, or by death. For
purposes of comparison, we note that, under paragraph
1 of the same article,
rape of a woman of majority age is punished by deprivation of liberty for
periods of between three and seven
years.
259. Article 117 of the
Criminal Code stipulates that sexual intercourse with a person under the age of
16 is punishable by deprivation
of liberty for a period of up to three years,
while the same actions involving the gratification of depraved sexual urges are
punishable
by the deprivation of liberty for periods of up to six
years.
260. Article 118 of the Criminal Code stipulates that depraved
actions performed with a person known to the culprit to be under the
age of 16
are punishable by deprivation of liberty for periods of up to three years.
Article 119 of the Criminal Code stipulates
criminal liability for acts of
sodomy with minors, which are punishable by deprivation of liberty for periods
of up to eight years.
261. Abduction of a minor is punishable by
deprivation of liberty for periods of between 7 and 10 years, while the
fraudulent substitution
of another’s child is punishable by deprivation of
liberty for periods of between 3 and 6 years (art. 123 of the Criminal
Code).
262. Under paragraph 2 of article 219 (4) of the Criminal Code,
inciting a minor to use narcotic substances is punishable by deprivation
of
liberty for periods of up to 10 years.
263. Inciting a minor to engage in
a criminal activity, drunkenness, begging, prostitution or gambling, and living
off the earnings
of a minor is punishable by deprivation of liberty for periods
of up to five years (art. 205 of the Criminal Code).
264. A person
causing a minor in his or her official charge to become intoxicated may be
punished by deprivation of liberty for periods
of up to two years or by punitive
deduction of earnings for the same period or by a fine (art. 205 (1) of the
Criminal Code).
265. Inciting a minor to consume, for non-medicinal
purposes, medical or other substances which cause intoxication is punishable by
deprivation of liberty for periods of up to five years (art. 205 (2) of the
Criminal Code).
266. Under paragraph 4 of article 113 of the Criminal
Code, a person knowingly suffering from a venereal disease who infects a minor
with that disease may be punished by deprivation of liberty for periods of up to
five years.
267. In addition, the rights and fundamental freedoms of
children are further protected by provisions of the Criminal Code which
establish
criminal liability for:
− Wilful refusal to pay alimony or child maintenance (art. 120 of the Criminal Code);
− Exploiting a guardianship arrangement for personal gain or failing to provide proper supervision and necessary assistance to minors in one’s care (art. 122 of the Criminal Code);
− Divulging the secret of adoption (art. 122 (1) of the Criminal Code);
− Refusing to employ or dismissing a woman for reason of pregnancy and also refusing to employ or dismissing a breastfeeding mother for that reason (art. 136 of the Criminal Code); and
− Infringing the law on the separation of church and State and the separation of school and church (art. 139 of the Criminal Code).
268. In addition to those enshrined in law, the
protection of the rights of minors are further guaranteed by orders and
instructions
of the Procurator-General of the Republic of Belarus. The
Procurator’s attendance in court for criminal proceedings involving
the
crimes of minors is mandatory, as is his or her attendance at civil proceedings
involving the legally enshrined rights and interests
of
minors.
269. Under article 91 of the Code of Criminal Procedure, when
considering whether or not to grant approval for a person to be held
in
detention, the Procurator must thoroughly investigate all the materials
furnishing the grounds for holding that person in custody
and, where necessary,
personally question the defendant or the suspect. Where such defendant or
suspect is a minor, such questioning
is mandatory.
270. Under article 202
(2) of the Code of Criminal Procedure, complaints of unwarranted detention are
considered by a court sitting
in closed session with the attendance of the
Procurator, the defence counsel (if the defence counsel is participating in the
proceedings)
and the legal representative of a minor held in
custody.
271. In the commission of crimes by minors, the culprit’s
age is considered a mitigating factor (art. 37 of the Criminal Code).
Inciting a minor to commit a crime, involving a minor in the commission of a
crime, or committing a crime against a minor are all
considered to be
circumstances aggravating liability (art. 38 of the Criminal Code). If a
court finds that a crime committed by
a minor does not pose any great social
danger, it may impose a corrective measure which does not constitute a criminal
punishment
(art. 10 of the Criminal Code). These measures are listed in
the initial report.
272. Minors sentenced to deprivation of liberty and
punitive attachment of earnings may be granted conditional releases or have part
of their punishment substituted by a milder punishment for good conduct and
showing signs of reform (art. 52 of the Criminal Code).
273. In
criminal proceedings involving minors, the defence counsel must attend the
pre-trial investigation and the court proceedings.
When an accused minor is
being questioned during the pre-trial investigation, his or her teacher may
attend the questioning (art.
150 of the Code of Criminal Procedure). Where
necessary, the legal representatives of a minor or his or her close relatives
may
be summoned.
274. In court proceedings, the parents or legal
representatives of an accused minor must be present (art. 282 of the Code of
Criminal
Procedure); they shall be entitled to participate in the consideration
of evidence, to submit evidence and to enter petitions and
objections and they
may
also be questioned as witnesses. At the initiative of the court,
representatives of the enterprise, institution or organization in
which the
minor studied or worked may also participate in the court
proceedings.
275. Under article 334 of the Code of Criminal Procedure, a
minor defendant and his or her defence counsel and legal representative
are
entitled to appeal against the sentence of a judge in cassational proceedings.
Regardless whether or not any of these persons
has made such an appeal, the
Procurator shall be obliged to challenge any unlawful or unwarranted
sentence.
276. Under article 240 of the Code of Administrative Procedure,
when a minor is placed in administrative custody his or her parents
or those in
loco parentis must be informed.
277. Article 249 of the Code of
Administrative Procedure establishes that, where persons against whom
administrative charges have
been laid and victims are minors, their interests
may be defended by their legal representatives (parents, adoptive parents,
tutors
and guardians).
278. Employees of law enforcement agencies whose
work involves dealing with minors are able to improve their professional skills
both
through on-the-job training and at special training centres. Thus,
officials of the Department for Enforcement of the Laws on Minors
under the
State Procurators’ Office, officials of the corresponding divisions of
provincial procurators’ offices and
assistant procurators responsible for
minors’ affairs in district and city procurators’ offices undergo
professional
training at the training centre of the State Procurator’s
Office. Employees of the various services and subunits of the Ministry
of
Internal Affairs responsible for combating juvenile delinquency undergo yearly
professional training courses at the further training
centre of the Police
Academy of the Ministry of Internal Affairs, while staff of penitentiary
establishments undergo training at
the Police Academy’s Penitentiary
Establishments Faculty.
Sentencing of juveniles, in particular the prohibition of
capital punishment and
life imprisonment
279. Work
to prevent juvenile delinquency is conducted by subunits of the juvenile affairs
inspectorates under the Ministry of Internal
Affairs. If it is decided not to
institute criminal proceedings against a juvenile offender aged between 14 or
18, or if such proceedings
are halted on legal grounds, other corrective
measures are imposed by the juvenile affairs commissions set up under the State
executive
authorities. These measures are not a punishment, but a form of
reeducation and crime prevention. The juvenile affairs commissions
may:
− Limit themselves to a consideration of the case;
− Undertake to offer apologies to the victim;
− Issue a warning;
− Issue a reprimand or a severe reprimand;
− Order a juvenile offender who has reached the age of 15 to pay compensation for the material damage that has been caused, if the offender is a wage-earner and the total amount of the damage does not exceed the minimum wage as gazetted on the date of the commission of the crime;
− Impose a fine on a juvenile offender who has reached the age of 16 and is a wageearner, the levels of such fines and the circumstances in which they may be imposed being those stipulated by law; or
− Make representations to the court for the referral of the juvenile offender, in the event that rules of acceptable social conduct have been breached, to a special reformatory institution.
280. When
handing down a punishment on a person being sentenced for the first time to
deprivation of liberty, the court may decide,
in the light of the nature and
degree of social danger posed by the crime that has been committed, the
character of the offender
and other circumstances of the case, and also the
prospects for reforming and re-educating the offender without isolating him or
her from society, to make such sentence conditional or to defer its execution
(arts. 43 and 44 (1) of the Criminal Code). On 31
December 1997, certain
additions were made to the Criminal Code. As already noted, in accordance with
the provisions of article
22-1, life imprisonment may be imposed in Belarus
as a punishment for crimes involving premeditated homicide in aggravating
circumstances
and for certain other crimes. Life imprisonment may not be
imposed on persons who committed their crime when under the age of 18.
Under article 22 of the Criminal Code, persons under the age of 18 at the time
of commission of a crime may not be sentenced to
death.
281. Under
article 18 of the Corrective Labour Code of the Republic of Belarus the
following categories of convicts are kept apart
from one another:
− Men serving their first custodial sentence are kept apart from repeat offenders;
− First offenders convicted of crimes not categorized as serious are kept apart from first offenders convicted of serious crimes;
− Women sentenced to deprivation of liberty are kept apart from men;
− Juvenile convicts are kept apart from adult convicts.
282. Juvenile convicts serve their sentences in
corrective labour colonies (art. 12 of the Corrective Labour Code). They have
improved
living conditions, better meals and are provided clothing and food free
of charge (art. 40 of the Corrective Labour Code).
283. In response to
the growing prevalence of drug-taking throughout the world, particularly among
children, certain measures have
been adopted in Belarus: thus, its decision No.
582 of 2 September 1996, the Cabinet of Ministers ratified the
blueprint for a State
policy to monitor narcotic drugs and psychotropic
substances and their abuse in the Republic of Belarus; and by its
decision No. 660 of 15 October 1996, it ratified the State programme for a
range of measures for the period 1997-2000 to combat the
abuse of narcotic drugs
and psychotropic substances and their illicit trafficking.
284. Under
Belarusian law, criminal liability is incurred for the unlawful preparation,
acquisition, possession, theft and sale of
narcotic substances, for inciting
others to use such substances and for organizing or maintaining unlawful
establishments for the
use of narcotic drugs (arts. 219, 219-1, 219-2,
219-3, and 219-4 of the Criminal Code).
285. To step up its campaign
against drug use and to strengthen the legislation in this area,
the Ministry of Internal Affairs and
the Ministry of Health passed an order
on 16 February 1998 ratifying instructions on the procedure for
identifying and registering
persons who have engaged in the non-medicinal use of
drugs or other narcotic substances, and for the registration and committal to
enforced isolation of drug addicts.
286. Belarusian legislation provides
both administrative and criminal liability for the manufacture and dissemination
of items of
a pornographic nature, as well as for materials propagating the cult
of violence and cruelty (art. 164 of the Code of Administrative
Procedure
and arts. 223 and 223-1 of the Criminal Code).
Sale, trafficking and abduction of children
287. As mentioned above,
Belarus acceded to the Hague Convention on Civil Aspects of the Abduction of
Children on 13 November 1997.
Belarusian law stipulates that kidnapping and the
substitution of children are criminal offences (art. 123 of the Criminal
Code).
CONCLUSION
288. It cannot be denied
that a number of difficulties and problems are encountered in the course of
implementing the Convention on
the Rights of the Child in Belarus. Mention has
already been made of the precarious situation of the family as a social
institution
and the economic problems in the country are such that it is
impossible to ensure an appropriate standard of living for children
conducive to
their full physical and mental development. Particular concern is aroused by
children’s health and the spread
of criminality among minors and also by
cases of cruelty and violence against children. Belarusian legislation is still
not entirely
in line with the provisions of the Convention on the Rights of the
Child. Nor has it been possible, as yet, to set in place the
child welfare
structures provided for in the Belarusian Rights of the Child Act. In 1999 and
the years that follow the relevant
State authorities and voluntary organizations
are continuing their efforts to resolve these and other problems relating to the
implementation
of children’s rights.
-----
[*] Information under this and subsequent headings was submitted in the initial report. To supplement this, we report below on changes which have occurred over the reporting period.
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