CRC/C/15/Add.191
page 3
Legislation and implementation
9.
The Committee is concerned that the legislation on the Convention has been considered
to be of a declaratory nature and thus has not been fully implemented. The Committee is also
concerned that very little information was received on the legislation enacted after the reporting
period, making it difficult for the Committee to assess whether it has a rights-based approach and
complies with the Convention.
10.
The Committee recommends that the State party review, amend and renew, where
necessary, the legislation in order to ensure full compliance with the rights contained in the
Convention and strengthen the mechanisms for the implementation of all legislation
relevant to the Convention.
National plan of action and coordination
11.
The Committee notes the information received on the following: the State youth policy,
including the National Programme “Children of Ukraine”; the State Committee on Family and
Youth Affairs, which coordinates the implementation of State policy on the rights of families,
women and children at central and local levels of government, as well as cooperation between
the central authorities, the United Nations Children’s Fund (UNICEF) and other international
organizations; the Inter-Departmental Commission for Child Welfare, coordinating measures to
implement the Convention, the World Declaration on the Survival, Protection and Development
of Children and the National Programme “Children of Ukraine”.
12.
The Committee remains concerned, however, that the State youth policy covers social
assistance, health care, education, alternative care and child protection and that it lacks a
rights-based approach and does not encompass all rights enshrined in the Convention. The
Committee is further concerned that there is a lack of clear coordination of efforts to implement
all the rights in the Convention (ibid., para. 18).
13.
The Committee recommends that the National Plan of Action should be
rights-based and cover all the principles and provisions of the Convention.
14.
The Committee recommends that the State party establish or appoint a single
permanent body to coordinate the implementation of the Convention at the national and
local levels, including by effectively coordinating activities between central and local
authorities and cooperating with non-governmental organizations (NGOs) and other
sectors of civil society.
Independent monitoring structures
15.
While noting the appointment of the Commissioner for Human Rights of the Supreme
Council of Ukraine, the Committee remains concerned that the mandate of the Commissioner
does not provide for the regular monitoring and evaluation of progress in the implementation of
the Convention. The Committee is further concerned that the office of the Commissioner does
not include a mechanism to address individual complaints relating especially to violations of the
rights guaranteed under the Convention.