BackToday, 21 February 2013, in the Secretariat of the Ukrainian Parliament Commissioner for Human Rights took place a Round-table on the protection of housing and property rights of children.
According to the Family Code of Ukraine parents are fully responsible for the protection of housing and property rights of children. Parents manage the property owned by a minor, without a special authorization, they have to take care of preserving and exploitation of the property of a child in his or her interests. However, the analysis of citizens’ petitions to the Commissioner concerning the violation of property and housing rights of children shows there are systematic problems that need to be solved at the legislative level.
The special attention of the participants was drawn to the issue of preserving and protection of housing and property rights of children-orphans and children deprived of parental care, as well as to the state of preparation of housing program for children-orphans and children deprived of parental care. As of today the legislative right of the children-orphans to housing is not executed by executive and local authorities.
According to the Recommendations of the Parliamentary Hearings: “The legislative basis and the real state of observance of the rights of a child in Ukraine in 2010” Government had to elaborate the state targeted social housing program for children-orphans and children deprived of parental care for 2013-2017. However, as of now such state program does not exist. From more than 95 thousand children-orphans there are around 40% of those who are not provided with housing (and that is near 30 000 children), many of them have housing not suitable for living or those living with parents deprived of their parental rights. Thus the issue of preserving and provision of housing for children of this category is one of the most critical.
In the course of the Round-table the participants discussed the problems of observing the rights of children during foreclosure of the debtor's property, ensuring housing rights of a child when parents are changing a place of residence; participation of a custodial body in the decision-making process concerning exclusion of housing owned by a child or the child has the right to use (mortgage, expropriation of parents’ property etc.)
Source: Office of the Ombudsman of Ukraine
