Provisions the RF violates against children and adults

Provisions the Russian Federation violates when deporting Ukrainians, both adults and children, re-educating and illegally adopting kids

 

 

General rules relating to all aspects

 

Article 3 of the Convention on the Rights of the Child

The principle of the best interests of the child, which should be manifested in all aspects of a child’s life, is generally formulated.

(Deportation, adoption, education according to Russian standards are not in the best interests of the child)

 

Position of the UN Committee on the Rights of the Child. General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (clause 6)

The obligation to protect the best interests of the child “in all actions” means that every action affecting the child or children must take into account their best interests as a primary consideration, and the word “action” includes not only decisions but also any measures, behaviour, offers, services, procedures, and inaction and failure, for example when social welfare authorities fail to take action to protect children from abuse or maltreatment.

 

Position of the UN Committee on the Rights of the Child. General Comment №6 of Committee on the rights of the child «Treatment of unaccompanied and separated children outside their country of origin» (clause 20)

Determining what is in the child’s best interests requires a clear and comprehensive assessment of the child’s identity, including the child’s nationality, upbringing, ethnic, cultural and linguistic background, particular vulnerability and protection needs.

 

Article 17 of the International Covenant on Civil and Political Rights, Article 12 of the Universal Declaration of Human Rights

No one shall be subjected to arbitrary interference in his personal and family life.

(Disruption of family ties, obstruction of reunification, change of name/surname, adoption – all of those represent intervention)

 

Article 5 of the Convention on the Rights of the Child

Any decisions regarding the child must take into account the rights of guardians, parents, and relatives.

 

Article 9 of the Convention on the Rights of the Child

Separation of a child from its parents can only be carried out if such separation is in the best interests of the child. As a general rule, such decisions cannot be made without parental consent.

 

Article 12 of the Convention on the Rights of the Child

The child’s right to be heard and to be involved in the decisions affecting the child must be ensured.

(Granting Russian citizenship, deportation, adoption, decisions on inclusion in Russian education do not take into account this right of the child)

 

Article 24 of the Convention on the Rights of the Child

The right to physical and psychological well-being of children must be ensured through the health care system. (Deportations, as well as the treatment after them, have profound negative consequences for children. The treatment of individual children without the consent of their parents and informing parents about the treatment itself, its nature, necessity and scope, as well as the lack of medical assistance for children is a violation of the child’s right to the most attainable level of health).

 

Article 24 of the International Covenant on Civil and Political Rights

Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

 

Article 10 of the International Covenant on Economic, Social and Cultural Rights

States recognize that families should be provided with the widest possible protection and assistance. Special measures of protection and assistance must be taken in relation to all children and adolescents without any discrimination based on family origin or on any other ground.

 

Article 38 of the Convention on the Rights of the Child

It is the duty of the parties to respect international humanitarian law, which additionally protects children in armed conflict. The protection and care of children in these conditions must be ensured.

 

Article 77 of Additional Protocol (I) to the Geneva Conventions of 1949

Children should be treated with special respect and be given the help and care they need.

Deportation and repatriation

 

Article 14 of Geneva Convention (IV) of 1949

Prior to hostilities and in occupied territories, the Parties shall endeavor to create areas organized in such a way as to protect children under the age of fifteen and other vulnerable groups from the effects of war.

 

During hostilities, the Parties may conclude agreements on mutual recognition of these zones and localities and refusal to attack them.

 

Article 17 of Geneva Convention (IV) of 1949

The parties to the conflict should try to conclude agreements on the evacuation of the wounded, the sick, the disabled, the elderly, children and pregnant women from besieged or surrounded areas.

 

Article 49 of Geneva Convention (IV) of 1949

Prohibition of deportation of the population of the occupied territory to the territory of the occupying state or to the territory of other countries for any reason.

 

Evacuation (not considered a crime) is carried out only in the presence of imperative military necessity and within the occupied territory, except when the latter is impossible for objective reasons.

 

The person’s home country and place of residence must be informed of such movements.

 

Article 85(4)(a) of Additional Protocol (I) to the Geneva Conventions of 1949

Prohibition of forced displacement of the population within the occupied territory.

 

Article 78 of Additional Protocol (I) to the Geneva Conventions of 1949

Temporary evacuation (not considered a crime) of children who are not citizens of the evacuating state may be carried out to a foreign country, if there are good reasons in connection with the child’s state of health, the need to provide the child with appropriate treatment. Within the occupied territory, evacuation may be carried out for security reasons. Evacuation outside the occupied territory may be carried out if this cannot be absolutely avoided, and on condition that the population must be returned after the end of hostilities.

 

If a parent or legal guardian can be located, written consent for evacuation must be obtained from them. If there are none, then consent must be obtained from the person who, by custom or law, bears primary responsibility for the care of the children.

 

Evacuation must be agreed with the person’s country of citizenship.

 

The parties are obliged to take all necessary measures to avoid evacuation.

 

Article 37 of the Convention on the Rights of the Child

Prohibition of inhuman and degrading treatment, arbitrary and illegal deprivation of liberty.

 

(Applies to cases of children in so-called rest camps, institutional and medical facilities in Russia. Deprivation of liberty can also take place in private settings, including foster families/homes).

 

Article 147 of Geneva Convention (IV) of 1949, Article 85(4)(a) of Additional Protocol (I) to the Geneva Conventions of 1949, 

Articles 8(2)(a)(vii), 8(2)(b)(viii) f the Roman Statute,

ICTY, Prosecutor v. Krnojelac, IT-97-25-T, Trial Chamber, Judgment, 15 March 2002, para 475 

Deportation of the population to another state, forced transfer of the population within the occupied territory is a war crime. These provisions also exclude the creation of a forced environment that encourages the population to “voluntarily” move

 

Article 7(1)(d) of the Roman Statute

Large-scale or systematic deportation or forced transfer of the population within the occupied territory as part of the state policy of committing such actions is a crime against humanity.

 

Article 7, 36, 132 of Geneva Convention (IV) of 1949,

Article 11 of the Convention on the Rights of the Child

The parties should endevour during the course of hostilities to conclude special agreements on repatriation, in particular children.

 

Article 85(4)(b) of the Additional Protocol (I) to the Geneva Conventions of 1949,

Article 8(2)(b)(viii) of the Roman Statute

Unjustified delay in the repatriation of civilians is considered a serious violation of IHL and a war crime.

Identification and family reunification

Article 78 of the Additional Protocol (I) to the Geneva Conventions of 1949

The evacuating state and the state to which the child is evacuated must register a card with the child’s photo, his personal information and data on the child’s parents, relatives, origin, place of residence, distinguishing features, dates and place of movement, etc. The card must be sent to the Central Tracing Agency of the ICRC.

 

Article 24 of Geneva Convention (IV) of 1949

All children under the age of 12 must be properly identified and must wear identity discs.

 

Article 25 of Geneva Convention (IV) of 1949

All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them.

 

Article 50 of Geneva Convention (IV) of 1949

The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage.

 

Article 50, 136-137 of Geneva Convention (IV) of 1949

A National Bureau should be established in the occupying state, which should take all necessary steps to identify children under their control and to establish their parents and any other relatives. It must have access to information regarding the movement of a person. Such information should be sent from the Bureau to the country of origin, the country of residence, the Central Tracing Agency of the ICRC. The Bureau should provide for the possibility of submitting an individual request to it.

 

Article 30, 142-143 of Geneva Convention (IV) of 1949

Access of the ICRC and national societies of the Red Cross to persons protected under the Convention, including children, must be ensured.

 

Article 22 of the Convention on the Rights of the Child

The state is obliged to cooperate with the UN, intergovernmental and non-governmental organizations in order to find and identify the parents and relatives of the children for the purpose of their further reunification

 

Article 10 of the Convention on the Rights of the Child

he state that deported and separated children and parents is obliged to facilitate their reunification. This includes both the admission of the parents to the children and the provision of the opportunity for the child to leave the territory of such a state and return to the state of origin.

 

Article 74 of Additional Protocol (I) to the Geneva Conventions of 1949

Parties to the conflict and other parties to a treaty should facilitate in any possible way the reunification of separated families and encourage the activities of relevant humanitarian organizations.

 

Article 26 of Geneva Convention IV of 1949

Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible.

 

Article 9 of the UN Convention on the Rights of the Child

If the state has deported and separated children from their families, it is obliged to provide all available information to the child’s family.

 

Article 10 of the Convention on the Rights of the Child

Parents and their children should have constant contact on a regular basis, even if they are in different countries.

 

Article 8 of the Convention on the Rights of the Child

States should promote the preservation of the child’s identity, including the child’s name and family ties.

 

Position of the UN Committee on the Rights of the Child. General Comment №6 of Committee on the rights of the child «Treatment of unaccompanied and separated children outside their country of origin» (clause 13)

States are obliged to take all necessary measures to identify children for tracing purposes and to reunite separated and unaccompanied children with their families as soon as possible.

 

Adoption

Article 50 of Geneva Convention IV of 1949

The occupying power cannot change the personal status of a child, including those children who were separated from their parents. Any support of the child by the occupying power is provided when appropriate care cannot be provided by a close relative or friend.

 

Article 21 of the Convention on the Rights of the Child

Adoption of a child must be in the child’s best interests and carried out by competent authorities. Any adoption requires taking into account the status of the child in relation to the child’s parents, relatives, and guardians, who, as a general rule, must give their consent to the adoption.

 

Article 6(е) of the Roman Statute

Article 2(е) of the Convention on the Prevention and Punishment of the Crime of Genocide

Deportation and adoption is considered a crime of genocide if:

1. The children belong to a national, racial, religious or ethnic group
2. The children are persons under 18 years of age
3. There is a forcible transfer of children from the mentioned group (for example, Ukrainian national) to another group (for example, Russian national), in particular through deportation and adoption
4. It is carried out in order to destroy the group of said children by erasing their identity over time

 

Educational block

Article 13 of the International Covenant on Economic, Social and Cultural Rights,

Article 28 of the Convention on the Rights of the Child

Everyone’s right to education should be ensured, and such education should be available, accessible, acceptable and adaptive.

 

(The general idea is that there is no access to Ukrainian education for Ukrainian children, and Russian education is unacceptable for them)

 

Article 27 of the Convention on the Rights of the Child

States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.

 

Article 17 of the Convention on the Rights of the Child

The state must provide access to information and materials from various national and international sources.

 

(The Russian Federation violates the child’s right to information, because the Russian information space is quite limited and propagandistic. It does not provide for a diversity of views, especially those that do not correspond to the line of power.

The child’s right to information is also violated in connection with the refusal to provide individual deported and forcibly displaced minors with information about the fate of their parents and the purpose and terms of their stay under the control of the Russian Federation).

 

Article 20 of the International Covenant on Civil and Political Rights

Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

 

Article 1 of the Convention against Discrimination in Education

Discrimination in the field of education on the basis of nationality is prohibited, in particular depriving a group of persons of access to education of any type or level, providing education of a lower level of quality.

 

Article 30 of the Convention on the Rights of the Child

The child’s right to use his own culture, religion and language should not be denied.

 

Article 29 of the Convention on the Rights of the Child

A child’s education should be aimed at developing respect for the child’s parents, child’s own cultural identity, language and values, national values of the country of child’s residence and origin, as well as preparation for a conscious life in a free society in the spirit of understanding, peace, tolerance, equality and friendship between all peoples, ethnic, national and religious groups, as well as persons from the indigenous population.

 

Article 8 of the Convention on the Rights of the Child

States Parties should promote the preservation of the child’s identity, including child’s nationality. If such an identity has been improperly changed, steps must be taken to quickly restore it.

 

Article 31 of the Convention on the Rights of the Child

States Parties recognize the right of the child to rest and leisure, the right to participate in games and recreational activities appropriate to the age of the child, and to participate freely in cultural life and the arts. The child’s right to comprehensive participation in cultural and creative life is respected and encouraged, and the children are encouraged to be provided with appropriate and equal opportunities for cultural and creative activities, leisure and recreation.

 

(Children are required to join youth organizations that have a military-patriotic status. Participation in the cultural life of children is limited by the cultural life of the Russian Federation).

 

Article 14 of the Convention on the Rights of the Child

The State is obliged to respect the child’s freedom of thought, conscience and religion, which also includes the child’s right to choose own religion (especially relevant in the context of indoctrination by the Russian Orthodox Church of the Russian Federation). Moreover, States Parties must ensure that children are not punished for their religion or beliefs or that their future opportunities are not limited in any other way (compulsion to participate in Russian militarized or patriotic movements is a violation of this article).

 

Position of the UN Committee on the Rights of the Child

General Comment №6 of UN Committee on the rights of the child «Treatment of unaccompanied and separated children outside their country of origin» (clause 42)

All unaccompanied and separated children have the right to preserve their cultural identity and values, including the preservation and development of their mother tongue.

 

Article 24 of Geneva Convention (IV) of 1949

In conditions of armed conflict, the education of orphaned or separated children under the age of 15 must continue to be supported. As far as possible, such education should be carried out by persons of the same cultural tradition.

 

Article 50 of Geneva Convention (IV) of 1949

The occupying power must promote the proper functioning of children’s educational institutions in cooperation with national and local authorities.

Only if local institutions are unable to ensure the proper functioning of education, the occupying power takes measures to ensure such education provision. Whenever possible, education should be provided by persons of the same nationality, language and religion as the orphans and children separated from their parents.

 

Article 20 of the Convention on the Rights of the Child

If a decision is made on adoption or on another way of providing protection of the child, the continuity of the upbringing of the child must be ensured, including with regard to his ethnic, religious, cultural or linguistic background.

 

Article 70 of Additional Protocol (I) to the Geneva Conventions of 1949

Continuity of education of evacuated and deported children, including religious and moral education based on the wishes of their parents, must be ensured.

 

Article 7(h) of the Roman Statute

Crime against humanity – “Persecution”

Large-scale or systematic interference with the fundamental rights (in particular in the context of the right to education and other rights of children) of any identified group of persons (in particular national) on a discriminatory basis within the framework of the state policy of committing such actions

 

The Prosecutor vs. Radislav Krstic, Judgement, IT-98-33-T, 02 August 2001, The International Criminal Tribunal for the former Yugoslavia. Para 580

Briefly outlines the idea of so-called “cultural genocide” (it is better not to use this term), which involves an attack on the cultural or sociological characteristics of a human group with the aim of destroying those elements that give that group its own identity, distinct from the rest of the community. Such actions can be evidence of genocidal intent, for example, in the process of deportation and adoption of children, but NOT an independent act of genocide.

 

Article 6(е) of the Roman Statute

Article 2(е) of the Convention on the Prevention and Punishment of the Crime of Genocide

 

(Potential interpretation adopted by the Verkhovna Rada of Ukraine, but currently there is no definition of what “transfer” is)

 

The application of Russian educational standards in the occupied territory and in relation to deported Ukrainian children can be considered a crime of genocide if:

1. The children belong to a national, racial, religious or ethnic group
2. The children are persons under 18 years of age
3. There is forced transfer of children from the mentioned group (for example, Ukrainian national) to another group (for example, Russian national)
4. It is carried out in order to destroy the group of said children by erasing their identity over time

 

In this case, the application of Russian education leads to the same consequences as if the children of the Ukrainian national group were placed in the Russian group, since in both cases the identity of the Ukrainian group is erased, and therefore, with the passage of time, it ceases to exist. Hypothetically, we can say that the transfer can be not only physical (relocation and adoption), but also mental (due to education).