For thousands of child deaths employees care services each year receive only a reprimand.
UN Children's Fund (UNICEF) to the end of this year will be required to reduce their activities in Russia. The decision was taken MFA. According to Russian officials, the country no longer needs the support of UNICEF, as in recent years, she is already a donor, not a recipient of foreign aid. However, the problem of children's rights in our country rests not in the lack of funds, and in the punitive system of the guardianship.
Ideally, the operating system of the Ministry of Education guardianship authorities would have to deal with the prevention of child abandonment, ensure the rights of children in orphanages, etc. Russian law gives these social workers very broad range of functions: for example, under the Family Code, an employee has the right of custody without trial to deprive parents of the right to represent the interests of their own child in court, if it determines that "between the interests of parents and children, there are contradictions." Or according to all the same Family Code, social workers may violate the privacy or family life only on the basis of the report of an ill-wisher of the fact that in a particular family violated the rights of the child.
"We need a huge and immediate reform of the guardianship. Now they are in the education system and are not subject to anyone at the federal level. We must understand that this is a huge army, a million officials. "Unfortunately, the current Russian legislation on matters relating to state intervention in family life, in many ways imperfect, — stated in the analytical center" Family policy. Russian Federation. " — A number of law in family law provides for the possibility of too much government intervention in family life. " The main problem with this lies in the how the child welfare authorities are now using that authority. According to experts, this social service has long become a punitive mechanism.
While performing their duties at the "Trustees" obvious problems.
In particular, it held last year, check the Prosecutor General has shown that almost all members of the guardianship guilty of violation of the law. Total audit prosecutors revealed more than three thousand violations of the law, made more than 700 submissions, and brought more than 300 objections to legislation drawn up by the social worker. In addition to all prosecutors had to show more than a thousand lawsuits on behalf of minors. "There is still prevalent disorders are related to early identification of children without parental care, their device with a family. The facts of long-stay children to be a family unit or in institutions, in hospitals without a valid reason. Permitted by the guardianship authorities violation when selecting children guardians, foster parents, "- the report indicates the Prosecutor General.
Although statistics of violations for the current year not yet, it's safe to say that the situation has not changed for the better. That's just one example. A few days ago, prosecutors Kurgan region revealed several violations on the part of care in the provision of shelter to the orphans. During the audit found that, in particular, one of the persons registered orphans were given shelter, unfit for living. The apartment had no heating, sanitation and electricity.
It is interesting to note that even in the few cases of violations that can identify any serious sanctions against violators would not apply. For example, in the case of failure to provide adequate shelter for orphaned disciplinary action was brought deputy district, where the incident occurred. Social workers themselves have committed the violation, and does escaped unharmed.
However, the manipulation of the orphan shelter — is, as they say, still to come. Any serious responsibility of social workers are not even in fatal cases. So, this summer in Tomsk death broke a two-year child who fell from the window of the fifth floor. How to set a consequence, the little girl's mother was "too busy" drinking. Note that this family was "a pencil" from the guardianship: before the tragic incident, two other children of the women have often found themselves in the social rehabilitation center. However, with a resolution of the issue of termination of parental rights officials somehow did not hurry. As a result, two years after the death of the baby head of the District of the guardianship was only disciplined for "improper preventive work with the family."
"We need a huge and immediate reform of the guardianship. Now they are in the education system and are not subject to anyone at the federal level. We must understand that this is a huge army, a million officials. They need to be combined. They have each other well coordinated. But you need to build the system at the regional level by setting federal standards "- proposed withdrawal of the Presidential Commissioner for Children's Rights Pavel Astakhov. But experts argue that the alignment of the vertical structure may in fact lead to the fact that the system of guardianship only further enhance the ability of punitive mechanisms for normal families, with real problems have been resolved and will not be. "In our view, the solution of the issues should not be to strengthen the centralization of the system of care, and address the shortcomings of current legislation, to reduce possibilities of interference in the internal life of the family by the public authorities", — said experts think tank "Family Policy of the Russian Federation."
Take children will be on the denunciation
The fact that the system of guardianship authorities in our country needs to be reformed now recognize both the authorities and the expert community. However, all the attempts made so far, probably only aggravated the situation. Recently, the State Duma in the first reading a bill of social patronage. Docs claim upcoming innovations are designed to help families and children who find themselves in difficult situations. But in fact it turns out that the legislative mechanisms that actually allow the guardianship authorities to take children out quite affluent families without any good reasons for it. According to the country for a wave of protests, but the question as to whether the bill will undergo significant changes in the second reading, is still open.
"Those juvenile laws, which are now in the Duma, and a number of other policy documents that are directly related to the rights of the family, children's rights, if accepted, would lead to a situation in which we can observe in Finland — Panic coordinator of the Association of parents' committees and communities of Anna Kislichenko. — We can not imagine a situation that someone will come to our home and without a trial will take all of our children. Just because someone has decided that they would be better off without parents. "
The recently approved the first reading of the draft law "On social patronage", however, this opportunity provides. In particular, the document prescribes a monitoring mechanism for the "dysfunctional" family from the guardianship. But the question of what kind of family can be considered dysfunctional, it did not specify. "For example, according to the bill may be found to be in social risk families where parents create" barriers to normal upbringing and development of the child "- says CEO of the analytical center" Family politika.RF "Paul Parfentiev. — In this case, no legal act at the federal level does not set — and can not establish a multi-ethnic, multi-religious and multicultural state — what education is "normal", and what — no. "
Another problem, according to experts, is that the staff of the guardianship authorities are now able to operate virtually unchecked, that is, to bring them to any serious responsibility to impossible. On the other hand, to intervene in the life of a family officials can only on the basis of false denunciation kakih-nibud "well-wishers". "The interest for: the official statistics of the Ministry of Education that 88.3% of posts in the custody of that child in the family is in danger, not true! Confirm the message with the number decreases, and the number increases — there is a tendency to flow false reports on the family, which can not but fill alarm "- is on Paul Parfentiev.
Supporters of the bill point out that in fact this document is intended to help families who are in a difficult situation by appealing to the fact that we now have sufficient regulatory mechanisms, for example, in order to provide financial assistance to large families or accelerate clearance of some social benefits. According to the Deputy Minister of Education and Science of Natalia Tretiak, passed a bill aimed primarily at protecting children living in families that are in crisis, have fallen under the social patronage, can count on to provide legal and financial assistance, as well as psychological , medical and educational counseling.
However, experts claim that the officials dissemble: to provide financial assistance to a large family, it is not necessary to take a separate federal law. The more that social benefits are very indirect relation to the guardianship authorities, but rather are the responsibility of social security. Wrong, according to lawyers, and approval of the officials is that the social patronage will be purely voluntary, and it can be set only with the consent of parents. And if the child has reached the age of 10, so with his consent too. In fact, the bill provides a mechanism for introducing judicial and social patronage. According to the document, the court, in a case of deprivation or restriction of parental rights may, as an "intermediate" measures to decide on the establishment of social patronage.
"The criteria on which the court so decides, the project is not set. All this happens in the background, when employees of the guardianship are not liable under the law for the unjustified claim for deprivation or restriction of parental rights. It is clear that such rules in such a situation — the ability to pressure or even blackmail family by officials. And, alas, the Russian reality is that can not hope to have this opportunity no one would never use "- sums up Paul Parfentiev.
Children perish under the supervision
Official statistics of cases that "proshlyapil" employees of the guardianship, Russia does not exist. But to judge the extent of the problem can only be for the few stories that leak to the press. Here is just a small selection of the most egregious cases that occurred this year.
In the Irkutsk region of hypothermia killed six year old boy. The child ran away from home, fearing drunken scandals parents.
48-year-old resident of Tula Sergei Novozhilov sentenced to 12.1 years in prison for the murder of three children with a poker.
The village Novoselov Krasnoyarsk Territory law enforcement officers found the 24-year-old woman dead baby in the nightstand. According to investigators, the third child was not included in the plans of the mother, already has two children. Registration for the pregnancy she did not get up, gave birth at home. Their newborn daughter she killed and buried the corpse in the nightstand. About the case, probably never would and he was not known, but after the birth of a woman started bleeding, and she was forced to seek medical help.
In the Yamal-Nenets Autonomous District to nine years in prison sentenced an elementary school teacher who killed his year-old daughter. The crime was committed with particular cruelty: a woman first hit the girl several times a log on the head, and then, closing plaid nose and mouth of the child, waited until she suffocated.
Bashkiria's body was found 10-year-old girl with signs of violent death. Her parents told the police about the disappearance of the child. She unsuccessfully searched for a few months until the girl's stepfather, 33-year-old Maxim Rodionov, not confessed to the crime.
In Bryansk few days unsuccessfully searched for a nine-month Anya Shkaptsovu. Her mother first told about the abduction of the girl. Three weeks later, it became clear that the story of the kidnapping was a hoax. Girl killed her own father. The story of the abduction was concocted to cover his tracks.
The catastrophic situation in the children's homes, boarding schools, etc. In institutions, whose work seems to be, and should monitor the child welfare authorities.
— In the Novosibirsk region, two educators orphanages raped his players.
— Chelyabinsk region. Seven-year student of the orphanage raped by a group of other students.
— Nizhny Novgorod region. Orphanage director raped 13 boys being raised.
-Khabarovsk region. Educator orphanage raped nine-ward.
— Sverdlovsk Region. At the orphanage teenager raped a nine-year child.
— Krasnoyarsk Territory. Orphanage raped peer.