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Crimea

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Under both Ukrainian law and laws imposed by Russian occupation authorities, either birthplace or parentage determines citizenship. Russia’s occupation and purported annexation of Crimea complicated the question of citizenship for children born after February 2014, since it was difficult for parents to register a child as a citizen with Ukrainian authorities. Registration in the country requires a hospital certificate, which is retained when a birth certificate is issued. Under the occupation regime, new parents could only obtain a Russian birth certificate and did not have access to a hospital certificate. In 2016 the Ukrainian government instituted a process whereby births in Crimea could be recognized with documents issued by occupation authorities.

Ukraine

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law prohibits rape of men or women. The penalty for rape is three to 15 years’ imprisonment. Sexual assault and rape continued to be significant problems.

On September 21, the president signed a decree that introduced new measures for preventing and counteracting domestic and gender-based violence. The measures included increased funding and staffing of support service programs for domestic violence victims.

Domestic violence against women remained a serious problem. In the first six months of the year, police received 101,000 domestic violence complaints, which is a 40 percent increase compared with the same period in 2019. Spousal abuse was common. The HRMMU reported the spread of COVID-19 and the implementation of quarantine measures exacerbated the situation. According to the Internal Affairs Ministry, approximately 2,900 cases of domestic violence were investigated during the first nine months of the year. Police issued approximately 81,000 domestic violence warnings and protection orders during the first nine months of the year. Punishment included fines, emergency restraining orders of up to 10 days, ordinary restraining orders from one to six months, administrative arrest, and community service. Human rights groups noted the ability of agencies to detect and report cases of domestic violence was limited.

According to the NGO La Strada, quarantine restrictions made it difficult for victims of domestic violence to receive help. From mid-March to early May–the period during which the most severe quarantine restrictions were in place–human rights groups noted a decrease in the responsiveness of police officers to cases of domestic violence. Victims faced increased difficulty in accessing domestic violence shelters due to the requirement to obtain a hospital certificate declaring they were not infected with COVID-19 before the shelters would provide social services.

According to press reports, on June 29, a 50-year-old man beat his 46-year-old wife in their home in Drohobych, Lviv Oblast. The woman sustained grave bodily injuries and later died in the local hospital. The man was arrested on murder charges and faces seven to 10 years in prison. As of mid-September, police were conducting a pretrial investigation.

According to La Strada, the conflict in the Donbas region has led to a surge in violence against women across the country in recent years. Human rights groups attributed the increase in violence to post-traumatic stress experienced by IDPs fleeing the conflict and by soldiers returning from combat. IDPs reported instances of rape and sexual abuse; many said they fled areas controlled by Russia-led forces because they feared sexual abuse.

As of late September, the government operated 28 shelters for survivors of domestic violence and 21 centers for social and psychological aid across the country for survivors of domestic violence and child abuse.

Sexual Harassment: While the law prohibits coercing a person to have sexual intercourse, legal experts stated that safeguards against harassment were inadequate. The law puts sexual harassment in the same category as discrimination and sets penalties ranging from a fine to three years in prison. Women’s rights groups reported continuing and widespread sexual harassment, including coerced sex, in the workplace. Women rarely sought legal recourse because courts declined to hear their cases and rarely convicted perpetrators.

Reproductive Rights: The government recognizes the right of couples and individuals to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have the information and means to do so, free from discrimination, coercion, and violence. Romani women sometimes faced barriers in managing their reproductive health, including segregation in maternity wards and other forms of discrimination. Some groups opposed contraception on religious grounds.

The government provided access to sexual and reproductive health services for survivors of sexual violence–including survivors of conflict-related sexual violence–but human rights groups said these services were sometimes unreliable and often did not reach Romani communities.

Women in Crimea accessed reproductive health care through services funded by the Russian occupation authorities, private insurance, and NGO programs; however, no Ukrainian or international monitors had access to Crimea, making it difficult to assess the state of reproductive health care there. A 2020 UN Population Fund report found that 81 percent of surveyed married or in-union women ages 15 to 49 reported they made their own decisions regarding sexual and reproductive health and rights, including deciding on their own health care, deciding on the use of contraception, and consenting to sex. According to a 2020 WHO World Health Statistics report, 100 percent of births were attended by skilled health personnel (based on primary data from 2010-2019); the adolescent birth rate was 19.1 percent (ages 15-19 years; based on primary data from 2010-2018); and 68 percent of women of reproductive age had their need for family planning satisfied with modern methods (based on primary data from 2010-2019).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: While the law provides that women enjoy the same rights as men, women experienced discrimination in employment. According to the government commissioner on gender policy, women on average received 30 percent lower salaries than men. The Ministry of Health maintained a list of 50 occupations that remain prohibited for women. Women experienced discrimination in pay and in access to retirement and pension benefits (see section 7.d.).

Children

Birth Registration: Either birth in the country or to Ukrainian parents conveys citizenship. A child born to stateless parents residing permanently in the country is a citizen. The law requires that parents register a child within a month of birth, and failure to register sometimes resulted in denial of public services.

Registration of children born in Crimea or Russia-controlled areas in the Donbas region remained difficult. Authorities required hospital paperwork to register births. Russian occupation authorities or Russia-led forces routinely kept such paperwork if parents registered children in territories under their control, making it difficult for the child to obtain a Ukrainian birth certificate. In addition, authorities did not recognize documents issued by Russian occupation authorities in Crimea or in territories controlled by Russia-led forces. Persons living in Crimea and parts of the Donbas had to present documents obtained in Russian-controlled territory to Ukrainian courts in order to receive Ukrainian government-issued documents. The courts were obliged to make rulings in 24 hours; these decisions were then carried out by the registry office. Due to the lack of judges in local courts, Ukrainians living in regions under Russian control faced serious difficulty in obtaining Ukrainian documents.

Child Abuse: Penalties for child abuse range from three years to life, depending on severity. The law criminalizes sexual relations between adults and persons younger than 16; violations are punishable by imprisonment of up to five years. The criminal code qualifies sexual relations with a person younger than 14 as rape.

Human rights groups noted authorities lacked the capability to detect violence against children and refer victims for assistance. Preventive services remained underdeveloped. There were also instances of forced labor involving children (see section 7.c.).

Authorities did not take effective measures to protect children from abuse and violence and to prevent such problems. The ombudsperson for human rights noted the imperfection of mechanisms to protect children who survived or witnessed violence, particularly violence committed by their parents. According to the law, parents were the legal representatives of their children, even if they perpetrated violence against them. There is no procedure for appointing a temporary legal representative for a child during the investigation of alleged parental violence.

According to press reports, on June 25, Kyiv police officers responded to a report that a six-year-old boy had fallen out the window of an apartment. When police arrived at the boy’s home, they observed the boy’s mother and godfather were intoxicated. A search of the home and interview with witnesses led police to conclude the boy had been beaten unconscious by his godfather. The boy was taken to a hospital, where he died from his injuries one week later. Police detained the boy’s godfather and investigated the case as suspected premeditated murder.

Child, Early, and Forced Marriage: The minimum age for marriage is 18. A court may grant a child as young as 16 permission to marry if it finds marriage to be in the child’s interest. Romani rights groups reported early marriages involving girls younger than 18 were common in the Romani community.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. The minimum prison sentence for rape of a minor is eight years. Molesting a child younger than 16 is punishable by imprisonment for up to five years. The same offense committed against a child younger than 14 is punishable by imprisonment for five to eight years. The age of consent is 16.

Sexual exploitation of children remained significantly underreported. Commercial sexual exploitation of children remained a serious problem. In late May a 44-year-old man was arrested in Vinnytsya Oblast for allegedly having filmed himself molesting his minor child and distributing the pornographic content on the internet. An investigation was still open as of mid-September.

Domestic and foreign law enforcement officials reported a significant amount of child pornography on the internet continued to originate in the country. The International Organization for Migration (IOM) reported children from socially disadvantaged families and those in state custody continued to be at high risk of trafficking, including for commercial sexual exploitation and the production of pornography. For example, in February cyber police in the Dnipropetrovsk Oblast arrested a 59-year-old man who was suspected of the rape of a minor and the production and distribution of pornographic items. An investigation was underway as of October.

Displaced Children: The majority of IDP children were from Donetsk and Luhansk Oblasts. According to the Ministry of Social Policy, authorities registered more than 240,000 children as IDPs. Human rights groups believed this number was low.

Institutionalized Children: The child welfare system continued to rely on long-term residential care for children at social risk or without parental care, although the number of residential-care institutions continued to drop. Government policies to address the abandonment of children reduced the number of children deprived of parental care. A government strategy for 2017-26 calls for the transformation of the institutionalized child-care system into one that provides a family-based or family-like environment for children. As of early 2020, the government’s progress towards this strategy was slow, with the number of children in orphanages dropping from 106,000 to 100,000 over three years. During the year, as a COVID-19 preventative measure, the government transferred 42,000 children back to families without conducting prior checks to verify family conditions. UNICEF raised concerns this action could put the children at risk of abuse.

Human rights groups and media outlets reported unsafe, inhuman, and sometimes life-threatening conditions in some institutions. Officials of several state-run institutions and orphanages were allegedly complicit or willfully negligent in the sex and labor trafficking of girls and boys under their care.

In early September the head physician of the Izmayil boarding school in Odesa Oblast was charged with molesting children under his care. Local police opened an investigation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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