Signs of economic abuse of child

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Kharkiv National University of Internal Affairs

Signs of economic abuse of child

Chyshko Kateryna Oleksandrivna

Candidate of legal sciences, associate professor,

Leading researcher of the scientific research laboratory on the problems of scientific support of law enforcement activities and the quality of personnel training

Ukraine

Economic violence is a form of domestic violence that includes intentional deprivation of housing, food, clothing, other property, funds or documents or the ability to use them, leaving without care or concern, preventing access to necessary treatment or rehabilitation services, prohibition to work, forcing labor, prohibition to study, other offenses of an economic nature. Let's consider external manifestations of economic violence.

Intentional deprivation of housing, food, clothing, other property, funds or documents or the ability to use them. Everyone's right to housing, as well as an adequate standard of living, which, in addition to housing, includes adequate food and clothing, is enshrined in Art. 47, 48 of the Constitution of Ukraine. The child's right to housing is also regulated by Part 2 of Art. 176 of the Family Code of Ukraine, as well as Art. 1 8, which states that the state ensures the child's right to live in such sanitary and hygienic and household conditions that do not harm his physical and mental development. Children - family members of the lessee or owner of the residential premises have the right to use the occupied premises on an equal basis with the owner or lessee. Guardianship and guardianship bodies are obliged to monitor compliance by parents or persons who replace them with property and housing rights of children when alienating residential premises and buying new housing. domestic violence treatment

Property, including funds and documents of the child, must include: property purchased by the parents or one of them to ensure the development, education and upbringing of the child (clothing, other personal items, toys, books, musical instruments, sports equipment, etc.) ; 2) the property acquired by parents and children at the expense of their joint labor or joint funds belongs to them under the right of joint co-ownership. Thus, in the event that a child was given money for his birthday, and the parents, without the knowledge of the child, took it and spent it on their own needs, this de jure cannot be considered economic violence against the child, since the gift contract, the subject of which in this case is money, can be concluded only between adults (Chapter 55 of the Civil Code of Ukraine). That is, a child cannot be gifted, just as his parents are not gifted, if this is not explicitly stated by the donor.

Leaving a child unattended or unattended. In accordance with Part 2 of Art. 150 of the Family Code of Ukraine, parents are obliged to take care of the child's health, his physical, spiritual and moral development. Care - means: to watch over, to follow something in order to ensure a normal state, order; to worry, to take care of someone, something, to provide the necessary conditions for someone, for some reason. Caring involves performing the following actions: showing attention; concern for the needs of someone, something; help; creating the necessary conditions, etc. Therefore, leaving a child without supervision, care, and assistance, to the extent sufficient for his normal physical and psycho-emotional state, is economic violence. However, from the content of the analyzed article, it remains unclear during which period such inactivity with regard to the child should take place. It can be assumed that these actions must necessarily lead to destabilization of the normal state of the child, regardless of the sign of time.

Obstruction in receiving necessary treatment or rehabilitation services. According to Art. 49 of the Constitution of Ukraine, everyone has the right to health care, medical assistance and medical insurance. In the relevant legislative act in the field of health care, it is stipulated that parents are obliged to take care of the health of their children, their physical and spiritual development, and their leading a healthy lifestyle. In case of violation of this duty, if it causes significant damage to the child's health, the guilty may be deprived of parental rights in accordance with the established procedure. Medical care for children is provided by health care institutions and doctors conducting economic activity from medical practice as natural persons - entrepreneurs.

Prohibition to work. The age from which a child is allowed to work is 16 years. Children who have reached the age of 15 can be accepted for work that does not harm their health and education, with the consent of one of the parents or a person who replaces the parents. For children under the age of 16, the duration of working hours is limited in accordance with the needs of their development and professional training. The time spent by the child with the consent of the owner or the body authorized by him for professional training within the working hours established by the law is counted as working time.

Involvement of children in the worst forms of child labor, participation in heavy work and work with harmful or dangerous working conditions, as well as in underground work and work beyond the reduced working hours established by law is prohibited. The worst forms of child labor include:

all forms of slavery or practices similar to slavery, in particular, the sale and trafficking of children, debt dependence, as well as forced or compulsory labor, including the forced or compulsory recruitment of children for use in armed conflicts;

using, recruiting or offering a child for prostitution, production of pornographic products or pornographic performances;

using, recruiting or offering a child for illegal activities;

work that, by its nature or the conditions in which it is performed, may harm the physical or mental health of the child.

Children who have reached the age of 16 have the right to engage in entrepreneurial activities, may be members of a collective agricultural enterprise and members of a peasant (farm) economy in accordance with the procedure established by law.

Forcing any person, including a child, to work is not only prohibited (Part 2 of Article 3 On employment of the population) but also a criminal act (Articles 150-151 of the Criminal Code of Ukraine). This is also a reason for deprivation of parental rights. Yes, in accordance with Clause 5, Part 1, Art. 164 of the Family Code of Ukraine, a mother or father may be deprived of parental rights by the court if she or he engages in any type of exploitation of the child, forces him or her to beg and vagrancy, as well as evades the fulfillment of his or her duties to raise the child and/or ensure the she complete general secondary education.

Prohibition to study. the right to education is declared in Art. 53 Constitution of Ukraine. At the same time, family law imposes on parents the duty to ensure that the child receives a full general secondary education, to prepare him for an independent life. If the adult daughter and son continue their studies and in this connection need financial assistance, the parents are obliged to support them until they reach the age of twenty-three, provided that they can provide financial assistance. On the other hand, failure to fulfill this duty by giving instructions in the form of a ban and/or an order should be qualified as domestic violence against a child.

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