Parliamentary reforms to prevent and combat domestic violence and child abuse: legislative initiatives and pilot projects

1. The Parliament Advances Legal Reforms to Prevent and Combat Domestic Violence

Background: According to the Ministry of Internal Affairs (MIA), in 2023, 291,400 applications and reports of offences and other events related to domestic violence were registered. Out of these, more than 163,000 were considered as administrative maters, resulting in conclusion as administrative offences and the imposition of administrative sanction¹; whereas 6,700 were further prosecuted as criminal offences related to domestic violence.²

According to the Office of the Prosecutor General, as of October 2024, the number of recorded cases of domestic violence increased by 80% compared to the same period last year (including both administrative and criminal cases). Specifically, a total of 8,125 criminal cases related to domestic violence have been registered in 2024, involving more than 5,000 survivors — most of whom are women and children³. This compares with the first 5 months of the 2024 when the number of registered cases was 1,521⁴.

Recent developments: On 22 May 2024, the Parliament adopted Law № 3733-IX⁵, amending the Administrative Code to increase liability for domestic and sex-based violence⁶ in line with the below requirements of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (the Istanbul Convention)⁷ . The new legislation contains provisions related to the following:

¹ People who violate rules governed by the Administrative Code are held administratively liable, and are subject to administrative sanctions, such as fines or community service, as specified in the Administrative Code.

² Link to the source: htps://media-www.npu.gov.ua/npu-pre-prod/sites/1/Docs/Dialnist/Richni_zvity/zvit_NPU_2023.pdf

³ Link to the source: htps://zmina.info/news/za-rik-kilkist-vypadkiv-domashnogo-nasylstva-v-ukrayini-zrosla-na-80-ofis-genprokurora

⁴ Link to the source: htps://opendatabot.ua/analytics/domestic-violence-2024-5

⁵ The law will come into force on 19 December 2024.

⁶ In Ukrainian legislation, the term "sex-based violence" is used instead of "gender-based violence" because the concept of "gender" is not recognized in national law; instead, the term "sex" which is narrower in scope, is used.

⁷ The Istanbul Convention ratified and came into force in Ukraine in 2022. As a signatory state, Ukraine is obligated to enhance its legislation on combating domestic violence and sex-based violence in accordance with this treaty.

⁸ A programme for the perpetrator consists of measures based on a risk assessment, aimed at transforming the perpetrator's violent behaviour. It seeks to develop a non-aggressive psychological model for personal relationships, ensure that the perpetrator takes liability for their actions and their consequences—including child-rearing—and eliminate discriminatory beliefs about gender roles.

⁹ By "relevant services," this refers to local self-government bodies and local state administrations.

¹⁰ Insignificance of an offence is a case where the commited administrative offence is considered so minor that the court may decide not to impose administrative liability. This typically applies to situations where the offence did not cause significant harm, its consequences are not serious, and other circumstances of the case can be considered.

¹¹ An oral reprimand is not an administrative sanction, but a measure of influence that can be applied for a minor offence under the Administrative Code.

12 According to Ukrainian law, sexual violence is a criminal offence defined as the commission of any violent sexual acts not involving penetration of survivor’s body, without the voluntary consent of the survivor.

13 Such acts will be punishable by a fine ranging from UAH 1.700 to 3.400, or community service (20 to 40 hours), or correctional labour (up to one month with a 20% deduction of earnings), or administrative arrest for up to 10 days.

2.Legislative Amendments Preventing Violence Against Children

Background: In 2017, the United Nations Children's Fund (UNICEF) presented statistics showing that 67% of children aged 11 to 17 in Ukraine experience bullying¹⁸. In 2018, the Parliament enacted anti-bullying legislation, incorporating the concept of “bullying” into Ukrainian law and establishing administrative liability for bullying solely in educational process, recognizing that bullying predominantly occurs in educational setings, where children interact with their peers and teachers regularly and may face such acts most often.

According to the nationwide representative study “Bullying and Tolerance in Educational Institutions After February 24, 2022”¹⁹ 51.3% of surveyed children reported having experienced bullying at some point. However, bullying is not confined exclusively to the educational process; it also occurs in other environments where children spend time, such as in sports, culture, health and recreation, and medical treatment.

¹⁴ According to Ukrainian law, a child remains a minor until they reach the age of 14.

¹⁵ According to Ukrainian law, an adolescent is a child between the ages of 14 and 18.

¹⁶ E.g.: 1) an obligation to publicly or otherwise apologize to the survivor; 2) a warning; 3) a reprimand or a severe reprimand; 4) placing an adolescent under the supervision of parents or individuals in loco parents, or under the supervision of a teaching or labour collective with their consent, as well as to other people at their request.

¹⁷ According to Ukrainian law, an individual is considered an adult upon reaching the age of 18.

¹⁸ Data are provided according to the Research conducted for UNICEF in 2017, link: htps://reliefweb.int/report/ukraine/bullying-ukraine-major-problem-children-unicef-launches-anti-bullying-campaign

¹⁹ The study of the Ministry of Education and Science of Ukraine, the Institute of Education Content Modernization, and the Safe Space initiative. It surveyed children aged 10 to 14 from November 2023 to January 2024, link: htps://mon.gov.ua/news/prychyny-bulinhu-rezultaty-masshtabnoho-doslidzhennia-v-ukrainskykh-shkolakh

Recent developments: On 6 June 2024, the Parliament adopted Law № 3792-IX, enhancing the legal framework for preventing violence against children²⁰ and child maltreatment mainly in the form of bullying. The goal of the amendments is to refine the legislative definition of bullying, broaden its scope of application, and establish mechanisms for protecting the rights of children and others in all environments where bullying may occur. The following amendments were introduced:

²⁰ According to Ukrainian law, a child is an individual under the age of 18.

²¹ Collective is a group of people united (organised) in accordance with the law for the purpose of education, sports training, creativity, rehabilitation, recreation, medical treatment, etc., and are not in an employment relationship with each other.

²² For more information on protection measures for child maltreatment, please see the chart following this table.

NB: Administrative liability for bullying remains unchanged and is applicable only to incidents that occur within the educational process. However, the draft law №9400²⁴ may extend this liability.

This is How Anti-Bullying Protection Measures Look in Practice

3.     Ministries²⁵ Launch Pilot Project for Child Protection Centres

Background information: In Ukraine, the issue of violence against children is a significant concern. Various actors, including social services, medical institutions, law enforcement agencies, prosecutors and judges, work to promote children’s rights. However, these efforts are often uncoordinated as there is no effective referral mechanism in place. As a result, children often experience repeated trauma as they must go through multiple interviews conducted by various institutions²⁶.

²³ According to Ukrainian law, social services must be provided to people facing threats to their life or health, including child maltreatment.

²⁴ Draft Law № 9400 from 19 June, 2023, link: htps://itd.rada.gov.ua/billInfo/Bills/Card/42132

²⁵ Including Ministry of Justice, Office of the Prosecutor General, Ministry of Internal Affairs, Ministry of Social Policy, and Ministry of Health.

²⁶ Link to the source: htps://www.unicef.org/ukraine/media/21316/file/BARNAHUS_web_2.pdf

To address this issue, the Barnahus model²⁷ is being implemented in Ukraine with support from UNICEF and the Interagency Coordination Council on Juvenile Justice. In July 2020, a working group was established to oversee the implementation of the Barnahus model. A Barnahus has already been established and operational in Mykolaiv before the full-scale invasion. As of early December 2022, the Barnahus model had also been established and became operational in Vinnytsia, Ternopil, and Kyiv Oblasts²⁸. Despite these advancements, there was no unified legislation to regulate and institutionalise the Barnahus model.

Recent developments: On 26 July 2024, the Ministries signed joint Order № 2218/5/180/523/352-Н/1306, which implements a pilot project for child protection centres based on the Barnahus model (the Centre). The Centre’s objectives are:

• To provide a child-friendl environment for children who are survivors or witnesses in criminal proceedings during investigative (procedural) actions.
• To ensure that children who are survivors or participate as witnesses in criminal proceedings receive comprehensive social, psychological, legal and pre-medical assistance.

The Centre is an interdisciplinary, specialised institution and a structural unit within another institution, established to conduct certain investigative actions under the Criminal Procedure Code of Ukraine in a child-friendly environment. It offers comprehensive social, psychological, legal, pre-medical and other types of assistance and services to children who are survivors or witnesses of criminal offences.

The Barnahus model conventionally consists of four rooms, each designed for a specific purpose:

As part of the pilot project, children may be brought to the Centre by the National Police of Ukraine, other pre-trial investigation authorities, local executive authorities, local self-government bodies, and/or other trusted people, such as family members, relatives, or friends. This is done with the consent of their legal representative or the child’s personal consent, to conduct investigative and procedural actions in a child-friendly environment designed to minimize trauma.

A mandatory initial step is a meeting with a psychologist or social work specialist at the Centre, where:

• child’s needs are assessed;

²⁷ Barnahus is an Icelandic word for “children’s house”, where multidisciplinary and interagency interventions are organized under one roof for child survivors of crime.

²⁸ Link to the source: htps://www.hsa.org.ua/blog/barnahus-efektyvna-systema-model-roboty-z-ditmy-shho-postrazhdaly-vid- nasylstva-abo-staly-svidkamy-takogo-2/

• information to the child and/or legal representative on their rights and the available services is provided (including the right to receive free secondary legal aid and undergo a comprehensive medical examination).

NB: The Centre provides services to children and their legal representatives free of charge.

The scope of services for each child is determined individually, based on needs assessment. The Centre may provide round-the-clock accommodation when needed.

Upon completion of the procedures related to a child at the Centre and their return to their place of residence or further stay, the Centre will inform and involve the relevant social protection authorities. This ensures continued services for the children and their family.

This Legal Alert has been produced by the Danish Refugee Council (DRC) with funding from the European Union, the USAID's Bureau for Humanitarian Assistance, and the Ukraine Humanitarian Fund (UHF).

Some of the terms used in this document are taken from the draft laws or current legislation. The authors are solely responsible for the content of this document. The views expressed in this document can in no way be taken to reflect the official position of the European Union, USAID, the US Government, UHF or the DRC. Neither the European Commission, the US Government nor UHF can be held responsible for any use which may be made of the information contained in this Legal Alert.