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The status of a child affected by war: which amendments to Ukrainian legislation are needed

The team of the United Voices in Action program is up to something extremely important – advocacy for the rights and interests of IDPs. Our lawyers help to change the regulatory framework to ensure equal opportunities for all those affected by the armed aggression of the russian federation. First and foremost, for children.

The conditions for granting the status of a child affected by hostilities are determined by the Resolution of the Cabinet of Ministers of Ukraine No. 268 dated April 5, 2017 On Approval of the Procedure for Granting the Status of a Child Affected by Hostilities and Armed Conflicts.

Natalia Teslyk, child protection specialist of the United Voices in Action program, told about the relevancy of this resolution in the current context, which Ukrainian children can apply for the status and what kind of assistance is involved.

At the national level, this status does not provide for any benefits, but at the community level they do exist: for example, in Kryvyi Rih, for several years in a row, additional funds were allocated – payments of UAH 5,000 per year for families with children having this status. At the same time, over the past year, the algorithm for granting this status has not been in line with the situation in the country,” says Natalia Teslyk.

Who can now receive the status of a child affected by hostilities:

  • a child from Donetska or Luhanska oblast who has suffered various forms of violence, including physical injuries, 
  • a child whose parents died or went missing while defending Ukraine within Donetska or Luhanska oblasts.

What is the problem?

According to the expert, the resolution needs to be amended, because not all children who are considered to have been affected by hostilities under international law can qualify for this status in Ukraine. 

Currently, the geography specified in the Resolution is limited to Donetska and Luhanska oblasts. Children can acquire this status if they were affected specifically on the territory of these two oblasts or if their parents died defending Ukraine from the aggressor specifically in these oblasts. 

“In 2022, after the full-scale invasion, all those geographical restrictions to Donetska and Luhanska oblasts had become meaningless, because now children from almost every region of Ukraine can experience chronic stress and mental trauma due to the occupation, or shelling, or even experiences during air raid alerts. They may experience panic attacks and other physiological reactions. The very situation of war is traumatic for a child, let alone a child who has survived the occupation or lives in a territory close to hostilities. Thus, according to the criteria that correspond to Ukrainian and international legislation, Ukrainian children should qualify for the above status,” adds Natalia Teslyk.

How to solve the problem

The lawyers of the United Voices in Action program emphasize the need to amend Resolution No. 268: it is necessary to expand the geographical scope of its legal effect and ensure the digitalization of granting this status to a child affected by hostilities so that people can receive confirmation of status and related documents online. Proposals for amending this Resolution will be prepared by our specialists and submitted to the Ministry of Social Policy of Ukraine.

We would like to remind you that IDPs’ interests are advocated for in the frames of the United Voices in Action program implemented by the international organization IREX in Ukraine together with the Charity Foundation “Stabilization Support Services” and with the support of the U.S. Department of State.