A child affected by war: how to obtain special status?

In connection with the armed aggression against Ukraine, a significant number of children have been negatively affected by military actions, in particular, they have been forced to leave their place of residence, have been subjected to psychological violence, have been injured, or have been illegally displaced outside the country. To ensure the protection of the rights of such children, the current legislation of Ukraine provides for a mechanism for granting the status of a child who has suffered as a result of military actions and armed conflicts.

The legal grounds for granting the status are determined by the Resolution of the Cabinet of Ministers of Ukraine dated April 5, 2017 No. 268 “On Approval of the Procedure for Granting the Status of a Child Victim of Hostilities and Armed Conflicts”.

According to current legislation, the right to obtain such status is granted to children, as well as persons who have not reached the age of 18 (majority) during hostilities and armed conflicts, who as a result of hostilities and armed conflicts:

• received injuries, contusions, or mutilations;

• have been subjected to physical, sexual or psychological violence;

• have been abducted, deported or forcibly displaced;

• were kidnapped or illegally taken out of Ukraine;

• were illegally detained, including being held in captivity;

• were involved in military formations;

• their parents or one of them, another legal representative went missing under special circumstances or died (perished) due to injuries, contusions or mutilations received as a result of hostilities and armed conflicts on the territory of Ukraine or abroad;

• were deprived of parental care as a result of hostilities and armed conflicts.

Where to apply for status and who can apply

An application for granting the status is submitted to the guardianship and trusteeship body or the children's service. The status is granted by the guardianship and trusteeship body at the place of application or at the place of detection of the child or a person from among the children who, during hostilities and armed conflicts, did not reach the age of 18 (majority) by local executive authorities or local self-government bodies.

The following can apply for status:

• one of the parents or another legal representative of the child;

• the child's relatives;

• the child himself, who has reached the age of 14;

• a representative of the guardianship and trusteeship authority;

• a child who has not reached the age of 18 (majority) during hostilities and armed conflicts.

To grant the status, one of the parents or another legal representative of the child, or, if the child is moving unaccompanied by the parents or persons replacing them, one of his or her relatives (grandmother, grandfather, great-grandmother, great-grandfather, aunt, uncle, adult brother or sister), stepfather, stepmother, representative of the guardianship and trusteeship authority, or a person from among the children, submits to the Children's Service an application for granting the status and duly certified copies of such documents.

Required documents

For consideration of the issue of granting status, the following is submitted:

• statement;

Certified copies of the following documents:

• child's birth certificate or identity document;

• documents confirming the authority of the legal representative;

• certificates of an internally displaced person (if available);

• documents or information confirming the fact that the child has suffered as a result of hostilities and armed conflicts.

The decision to grant or refuse to grant the status is made by the guardianship and trusteeship body within 30 calendar days from the date of registration of the application.

The importance of obtaining status:

Obtaining the status of a child affected by hostilities and armed conflicts is an important mechanism for protecting the rights of the child and ensuring their continued support. Such status contributes to:

• receiving psychological, social and legal assistance;

• recording the consequences of military aggression against the child;

• providing additional social guarantees (free meals in state and municipal educational institutions, the possibility of receiving health services, etc.);

• taking into account the needs of the child when providing state support and social services.