Rights of the child

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

Article 24 of the Charter of Fundamental Rights of the European Union

Text as of May 2026

Based on research and human rights practice, the following problems in the exercise of this right in Ukraine can be distinguished:

Institutional. No ministry is responsible for devising a uniform public policy in the field of children’s rights protection; functions and powers are not aligned and frequently duplicated, while many issues are not covered by the public policy. Juvenile specialization of practitioners is fragmented and not systematically enshrined at the legislative level. Interagency cooperation and interdisciplinary training are nearly nonexistent.
- The lack of a single integrated child protection system. Different mandates of the Ministry of Social Policy, the Ministry of Education, the National Police, the Parliament Commissioner for Human Rights, the President’s Commissioner, and the National Social Service—without a single coordinator with real powers. Children’s services are chronically underfunded, while the President’s Commissioner for Children’s Rights and Child Rehabilitation has only limited actual powers.
- Insufficient capacity of the Office of the Verkhovna Rada Commissioner for Human Rights and the National Social Service of Ukraine, responsible for monitoring and reporting on the observance of children’s rights, especially concerning children within the system of alternative care.
- Unlike the EU, where the protection of children’s rights is enshrined in legally binding regulations and directives with oversight mechanisms, in Ukraine, a significant share of norms exists at the level of declarations or strategic documents with no effective implementation mechanisms.
The lack of a national monitoring and data system. To date, Ukraine has no single disaggregated register of children in vulnerable situations (by age, sex, disability, IDP status, orphaned children, etc.). This goes in conflict with the Recommendation (EU) 2024/1238, General Comment No. 5 (2003) of the UN Committee on the Rights of the Child concerning general measures of implementation of the Convention on the Rights of the Child, as well as standards of the Council of Europe Strategy for the Rights of the Child (2022–2027) “Children’s Rights in Action: from continuous implementation to joint innovation.” Without this, it is hard to devise effective public policy, respond to challenges, and track progress in fulfilling obligations.
Procedural. Only 13 centers for the protection of children affected by violence have been opened in Ukraine, operating under the Barnahus model (a multidisciplinary center under one roof for interviewing, psychological support, medical examination, and legal assistance); the issues of uneven geographical coverage, lack of qualified staff, and inadequate consolidation of mandatory standards in the Criminal Procedure Code persist. Not all categories of children are guaranteed mandatory legal representation. Video recording of interrogations is not mandatory, which leads to repeated interrogations and retraumatization of children. Procedural legislation does not consider the principles of child-friendly justice, including with regard to the consideration of the child’s opinion, their individual needs and the right to information. The Code of Administrative Offences needs updating: both in relation to child victims and child offenders.
Protection from violence. The legislation lacks a proper qualification and responsibility for “paid/rewarded sexual acts against a child,” “child sexual abuse materials” (CSAM), and “child sexual exploitation materials” (CSEM). Adolescents aged 16–18 involved in prostitution are still identified as offenders, rather than victims. Female genital mutilation (FGM), cyberstalking, cyber harassment, and non-consensual distribution of intimate content are not criminalized (Directive 2024/1385). Sanctions for sexual offences against children do not meet the requirements of Directive (EU) 2011/93.
Digital Safety. Laws concerning digital services lack provisions for safeguarding children from harmful content. There is neither a mechanism to block content containing child sexual abuse, nor a respective body in this field. Ukraine notably falls short of EU standards in digital protection. It lacks: (1) an authorized body overseeing both personal data protection and the DSA supervisor (Digital service act supervisor — a supervisory body for monitoring the implementation of the Digital Services Act) for minors, (2) a mechanism to block CSAM at ISP or hosting provider levels aligned with NCMEC/IWF standards, (3) platform obligations related to age assurance, and (4) restrictions on targeted ads to minors. There is no dedicated legislation associated with the protection of children’s data online and harmful content on social media.
Human trafficking and separation from the family. There is no mechanism enshrined to assign a caregiver to a child victim of human trafficking at the time of identification. A tool for personalized assessment of the best interest of such a child is lacking, too. The laws do not account for factors of family reunification, safety and views of the child.
Domestic violence. The Criminal Procedure Code and the Code of Administrative Proceedings of Ukraine do not contain any norms concerning the rights of child victims of domestic violence. The register of domestic violence cases exists only formally. There are no safe spaces for the child’s contact with a person accused of violence and trained support specialists for such meetings. Ukrainian legislation does not grant the victim status to child witnesses of domestic violence as required by Directive 2024/1385.
Mediation and care. Duplication of powers between guardianship authorities and the court delays decision-making in the best interests of the child. The institute of pre-trial mediation needed to be developed.
There is no full-fledged juvenile justice system. Regulations concerning children are scattered across various codes; approaches developed for adults are being applied to minors in conflict with the law. Meanwhile, there is a rising trend in children being placed in custody as a preventive measure. Key discrepancies with Directive 2016/800/EU on procedural safeguards for children who are suspects or accused persons are the following:
- Article 4: right to information (timely, child-friendly, written and oral);
- Article 6: mandatory assistance by a lawyer is guaranteed to all categories;
- Article 7: individual assessment of the child’s needs, his or her specifics and circumstances: there is no such tool in the Criminal Procedure Code in a systemic form;
- Article 8: medical examination at the time of detention, considering the child’s age;
- Article 9: mandatory audiovisual recording of questioning of children exists formally, but is not obligatory;
- Article 10: detention as a measure of last resort, priority should be given to the alternatives: in Ukraine, general norms are applicable to all;
- Article 12: separate detention of minors and adults in detention facilities;
- Article 15: right of the child to be accompanied by a close person or the holder of parental responsibility;
- Article 19: separate specialized training of specialists.
Ukraine has one of the largest networks of residential institutions in Europe, a Soviet legacy that runs counter to the international trend toward deinstitutionalization. As of the end of 2024, Ukraine had over 700 institutional care facilities, which housed an estimated 70 to over 100,000 children, including about 5,000 children with disabilities. The number of institutions has been growing steadily for the past ten years.
Most parents in Ukraine have no access to basic support resources for child upbringing; only 20% attended at least one specialized course. Preventive work with families as a systemic practice is nearly nonexistent. As of 2025, approximately 70%, or 3.5 million children in Ukraine, lack access to basic goods and services, especially sufficient nutrition and proper housing. According to UNICEF estimates (2025–2026), the level of child poverty grew by 70% compared to 2021; 4 out of 10 children live in poverty; 39% of households with a single mother caregiver face extreme problems. As of 2025, over 1,611 schools have been damaged or destroyed, and more than 400,000 children study only online. The lack of an early intervention system to ensure integrated and coordinated interventions and support for children with disabilities and their parents/guardians/service providers.
The psychological support system for child survivors of occupation, deportation, or loss of loved ones is extremely weak. UNICEF and the government recognize the intergenerational consequences of the humanitarian crisis in the case of unmet needs of the most vulnerable children. The load on one psychologist in the school on average reaches over 500 children; there are no separate full-time school psychologists for frontline and de-occupied communities; there is no early PTSD screening.
The deportation and forced displacement of children by Russia is the most pressing wartime problem. July 9, 2025. ECtHR in the case of Ukraine and the Netherlands v. Russia (joined case) recognized that illegal transfer and adoption of Ukrainian minors constitutes an administrative practice, which contradicts the Convention, and obliged Russia to immediately cooperate in establishing an international mechanism for identifying and returning children. This problem is comprehensive, and in addition to war crimes committed by representatives of the Russian Federation, it is also associated with the issues that should have been properly regulated by Ukraine at the legislative level. Currently, there is no national strategy that outlines specific procedural steps for the state to properly return children. This includes protecting their rights and interests, ensuring their physical and psychological rehabilitation, family reunification, reintegration into society and culture, and providing adequate compensation from the specialized foundation immediately after the return of illegally abducted children. In fact, the state does not have a specific systemic action plan for when such children return.
The matter of forced evacuation of children from dangerous zones or zones soon to become dangerous, including due to the encroachment of the frontline, is regulated weakly. Legislation grants primary authority to Guardianship and Custody Service employees, but since they rarely operate in danger zones, only the National Police have the power to evacuate children and forcibly remove them from parents who refuse to leave their homes. At the same time, the state offers no specific guarantees for these families, and it does not provide adequate financial support or assistance with integration into the new community. Forced evacuation of children from hazardous areas should primarily serve the child’s best interests. It must be carried out with careful regard for their rights and in conjunction with the obligation to reunite families as soon as it is feasible. Local authorities also lack the knowledge and skills necessary to provide ongoing support to families at risk of separation and to children deprived of parental care. Evacuation procedures remain poorly regulated and lack a systematic approach and consistent implementation stages.
The child in Ukraine is not being listened to, and their right to participate is not guaranteed. The legislation formally requires considering the child’s opinion and wishes on a specific issue. However, in practice, implementing this condition is challenging without clear legal regulations. Furthermore, until they reach the age of majority, a child cannot independently seek help, including psychological assistance, without parental permission, even though parents may act as perpetrators. EU standards also mandate hearing the child in return proceedings and make a personalized determination of the child’s best interests mandatory for decision-making.

What Ukraine needs to do during its accession to the EU to improve the situation:

the appointment of the main coordinating body with real powers (mandates, budget, staff);
establishment of minimal service standards in all relevant fields;
mechanisms of mandatory exchange of information between protection entities;
accreditation and quality assurance system.

Unified Register of Children in Vulnerable Situations. Create a Unified National Information Register of Children in Vulnerable Situations (integrated with the registers of the Ministry of Social Policy (MSP), Ministry of Education and Science (MES), Ministry of Health (MoH), Ministry of Internal Affairs (MIA), and Ministry of Justice (MoJ)) with appropriate guarantees of personal data protection according to the EU Regulation 2016/679 (GDPR).
Implement Directive 2016/800/EU:

Amend the Criminal Procedure Code of Ukraine (CPC) to ensure that legal aid is automatically provided to accused children from the moment of detention, with no option to refuse it (Article 6).
Introduce mandatory individual assessment for every accused or convicted child using the interagency methodology of the MSP, MIA, and MoH (Article 7).
Make the audiovisual recording of questioning all accused children and child victims mandatory (Article 9), with appropriate guarantees for storage and use (in accordance with the GDPR).
Provide for separate detention of minors and adults in detention facilities (Article 12), including pre-trial detention centers.
Introduce mandatory specialized training of investigators, prosecutors, judges, and lawyers (Article 20).

Implement Directive 2012/29/EU (victim rights). Amend the CPC of Ukraine and relevant laws to ensure the rights of child victims under Article 22 (individual assessment), Article 23 (safeguarding measures during proceedings), Article 24 (right to specialized measures for children; video recording as evidence, minimizing the number of interrogations, the possibility of accompaniment by a trusted individual), Article 25 (training of professional employees).
Implement Directive 2024/1385/EU:

Criminalize female genital mutilation (Article 3); forced marriage (Article 4); non-consensual distribution of intimate images (Article 5); cyberstalking (Article 6); cyber harassment (Article 7); cyber incitement (Article 8).
Recognize a child who has become a witness to domestic violence as a victim (Article 35).
Provide for the extension of the statute of limitations for crimes against children until they reach the age of majority (Article 16(2)).
Create a system of national coordination and statistics gathering (Article 44).

Create a draft law for the protection of minors online, incorporating the approaches outlined in Regulation (EU) 2022/2065 (DSA), the EC Recommendations of July 14, 2024, related to Article 28(1) DSA, and the BIK+ (Better Internet for Kids) Strategy.
Define the status and powers of the national digital services regulator, which will cooperate with the European DSC network after accession.
Ban target ads based on profiling of minors (Article 28(2) DSA).
Consider the responsibilities of platforms in age assurance (verifying users’ age without sharing additional personal data, based on the EC age verification app prototype from July 2025) for platforms that restrict access to content unsuitable for minors.
Introduce a direct ban on loot boxes and other game mechanics in games for children. Restrict manipulative designs like countdown timers and persuasive design.

Ensure full execution of the Strategy for Ensuring the Right of Every Child in Ukraine to Grow up in a Family Environment for 2024–2028, with specific targets: reduce institutionalized children by 30%, including an 80% reduction in institutional care for children under 3 (the Strategy’s objective).
Include all types of institutions without exception, such as specialized boarding schools, educational and rehabilitation centers, and recreational boarding schools, in accordance with the UN CPRD Guidelines on Deinstitutionalization (2022).
Provide a moratorium on new construction and renovation of institutional facilities funded by the state budget; redirect resources to family-based care and community services.
Expand the network of foster families, adoptive families, family-type homes, and small family-type group homes; provide decent financial compensation and support.
Ensure access to inclusive education and rehabilitation of children with disabilities within the community.
Introduce gatekeeping, a mandatory verification procedure before deciding to remove a child from the family. This is based on the Maestral International model piloted by UNICEF.

Exercise the child’s right to be heard. Amend the Family Code of Ukraine (Article 171), Criminal Procedure Code, Civil Procedure Code (Article 45), Code of Administrative Proceedings of Ukraine (CAP), and Code of Ukraine on Administrative Offenses (CAO) in terms of guarantees of hearing the child’s opinion in all judicial and administrative proceedings concerning them. These procedures should be carried out in child-friendly, psychologically comfortable environments, with the mandatory involvement of a psychologist or other qualified specialist. The child’s opinion should be considered based on their age and maturity, with a presumption that children from age 7 can express an opinion that is taken into account. Furthermore, the final decision must include the reasons for considering or disregarding the child’s opinion.
Human trafficking and domestic violence. Enshrine the mechanism of assigning a guardian to a child victim of human trafficking from the moment of their identification. Ensure the actual functioning of the Unified Register of Domestic Violence Cases. Create safe spaces for the child’s contact with a person suspected of violence.

Implement Article 14–16 of Directive 2011/36/EU: create a legal mechanism to immediately assign a guardian to a child victim of human trafficking from the moment of their identification (in particular, a qualified ad litem guardian); ensure the functioning of the network of national accompanying guardians (modeled on the EU Network of Trafficking Coordinators).
Provide for the procedure of individual assessment and determination of the best interests of the child victims (BIA/BID); ensure access to legal aid, education, and psychological support.
Ensure the principle of non-punishment (Article 8 of Directive 2011/36/EU) is implemented: child victims should not be held responsible for crimes they were forced to commit.
Align actions with EU member states to track and protect unaccompanied minors from Ukraine by introducing the Children-on-the-Move Protocol with five key hosting countries (Poland, Germany, Czechia, Moldova, Romania).

a clear mechanism to decide on the forced evacuation (who makes the decision and based on which criteria);
reallocation of responsibilities among the Children’s Service, National Police, and State Emergency Service, including defining how they coordinate their procedures;
a guaranteed package of state support to families (housing, minimum subsistence level, psychological support, education) at the new location;
the procedure of judicial oversight over forced evacuation without parental consent: a measure of last resort to isolate a child from parents is only permissible in the absence of less drastic alternatives;
an obligation to facilitate family reunification after the safety situation stabilizes.

Recommendations to the authorities

To the Verkhovna Rada of Ukraine:

Legislatively enshrine the mandatory participation of a psychologist to clarify the child’s opinion, including with the parents’ or guardians’ exclusion from this process if they exert pressure on the child.
A child has the right to seek help through an official appeal before reaching the age of majority. The age threshold for such an appeal should be reduced to 14 if parents refuse help and are the perpetrators. Such an appeal before age 14, without parental consent, must be accompanied by other aggravating or unfavorable circumstances.
Develop legislation on special procedural guarantees for child witnesses. In particular, include the right to a psychologist, the right to have testimony recorded outside court hearings, and personal data protection.
Amend the criminal legislation to criminalize paid/rewarded sexual acts against a child and the production and distribution of child sexual abuse material (Directive 2011/93/EU) and acts provided for in Directive 2024/1385.
Introduce into Ukrainian legislation the requirements of Directive 2016/800/EU on procedural safeguards for children who are suspects or accused persons/

To the Cabinet of Ministers of Ukraine:

Institutional changes. Determine the central executive authorities responsible for devising public policy in the field of protecting the rights of the child and children’s digital safety.
Budgeting. The Government must implement Recommendation (EC) 2021/1004 of June 14, 2021, to determine financial guarantees and budgeting in the interests of the child (European Child Guarantee).
Juvenile specialization. Introduce a unified juvenile specialization for all professionals working with children in the justice system: investigators, inquirers, judges, lawyers, psychologists, and approve uniform standards of their training. Ensure full execution of the National Strategy for Ensuring the Right of Every Child in Ukraine to Grow up in a Family Environment for 2024–2028. Develop a system of juvenile probation as an alternative to holding minors in custody. Align approaches to children in conflict with the law with international standards.
Procedural reforms. Prepare draft laws on: guarantees of free legal aid for a child regardless of their procedural status; mandatory video recording of the questioning of children; introducing individual assessment of the needs of child victims, children in conflict with the law, and child victims of domestic violence according to EU Directives 2012/29, 2016/800, and 2024/1385. Enshrine in law regulations for hearing the child’s opinion, taking into account their age, maturity, and best interests. govern the procedural status of the psychologist in the proceedings involving a child. Remove duplicated powers between guardianship authorities and the court. Develop a new Code on Administrative Offences, considering the rights of children. Develop an institute of pre-trial mediation. Complete the implementation of the UN Convention on the Rights of the Child and the Hague Convention on Intercountry Adoption into the national legislation. Align regulation on the protection of children from sexual abuse, human trafficking, and domestic violence with EU Directives 2011/93, 2011/36, and 2024/1385. Expand the use of centers for the protection of children affected by violence operating under the Barnahus model, make relevant procedures mandatory under procedural legislation, and improve staff qualifications.
Approve programs of support and continuous access to quality, inclusive social, educational, and medical services for those residing near the frontline, children with disabilities, institutionalized children and children in foster families, as well as IDP children. Provide free access to psychological and psychotherapeutic assistance for children who survived occupation, deportation, and loss of loved ones through the medical guarantee program of the National Health Service of Ukraine.
Protection from violence. Include in the legislation the concept of “child sexual abuse material.” Criminalize female genital mutilation, cyberstalking, cyber harassment, non-consensual distribution of intimate content, and cyber incitement to violence. Align sanctions for sexual crimes against children with the EU Directive 2011/93. Supplement Article 67 of the Criminal Code with aggravating circumstances regarding the threat to the life of a child and causing serious harm to them. Remove administrative liability for children for involvement in prostitution (Article 181-1 of the CAO), as they are victims. Criminalize the creation of AI-generated child sexual abuse content. Introduce mandatory maintenance of the national register of individuals who committed sexual crimes against children, and verification mechanisms at the time of hiring for a job involving contacts with children (Article 10 of the current Directive 2011/93/EU).
Digital Safety. Amend the Law “On Digital Content and Digital Services” to protect children from harmful content; determine a mechanism for blocking and removing child sexual abuse materials; and ensure state oversight in this area. Develop special legislation to protect children in the digital space: banning targeted advertising to minors, restricting harmful content, and protecting children’s personal data online, modeled on the EU Digital Services Act (DSA, 2022).

To the Office of the Prosecutor General, National Police, and the MIA:

To the Ministry of Social Policy, State Children’s Service, National Social Service:

create a social support system for children during contact with justice, develop an individual assessment tool for assessing the best interests of the child victim of human trafficking; expand the powers of professionals of children’s services and ensure their training. Ensure adequate funding and staffing of children’s services at the local level; develop and implement programs to support families in crisis situations as a prevention tool.

Develop, implement, and coordinate a comprehensive continuum of care model for families at risk of separation and children deprived of parental care.
Develop, implement and coordinate an intersectoral model of integrated specialized support services (ISP) for children with disabilities and their parents/guardians/service providers.
Create a regulatory framework, establish rules, standards, and tools, and allocate resources (human, financial, infrastructure) to strengthen the resilience of the child protection system and gender-based violence response in emergencies, adhering to international and EU minimum standards.
Complete the deployment of a nationwide Early Childhood Intervention (ECI) system for children under 6 with developmental disabilities and their families; align with international standards (ECI Europe, Eurlyaid).

To the State Migration Service:

To the National School of Judges:

To the Legal Aid Coordination Center and the National Bar Association:

To the Ministry of Education:

To the Ministry of Digital Transformation:

To the Ministry of Health:

For a comprehensive overview of these issues and the rationale behind our recommendations, please refer to the research section, specifically the document available in Ukrainian: Compliance of national human rights mechanisms (standards) with EU acquis in the field of protection of children’s rights.If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Published materials may be used provided that a mandatory link to the original source is included. @ 2026 Center for Civil Liberties

Experts

Tamara Buhaets

Master of International Law LL.M, attorney, expert in the field of protection of the rights and interests of children of the NGO “VHC Volunteer”