In framework of permanent cooperation with UN bodies our Association sent in summer its submissions to the UN Committee on the Rights of the Child on draft General Comment No. 27 on children’s rights to access to justice and effective remedies.
Our submission, prepared by Professor Borys Babin and expert Julia Sidorenko and published by UN in September, was devoted to examples of access to justice and effective remedies for children who are victims of Russian aggression, including victims of murder, tortures, sexual violence, enforced deportation, racial discrimination and militaristic & chauvinistic indoctrinations.
ARC’s submission stressed, that the main challenge for access to justice and remedies of violation Ukrainian children’s rights, for children, that are still under the Russian control in Russia and at Russia-occupied territories, is in common contradiction of any practical negotiation efforts to free children from Russian control, and in potential start of any national or international proceedings against Russian officials and other Russia-controlled persons who kidnapped and deported those children: any legal steps in such area de-facto block negotiations as Russia uses those children as hostages.
ARC’s submission added, that also the big challenge is in forms of recognition of certain Ukrainian child as victims in criminal proceedings, connected with such common crimes, as Russian propagandists’ and officials’ calls to genocide against Ukrainian youth, or propaganda of racial discrimination of such youth in common, or hate speech against them .
Also the issue of correct qualification of such international crime as enforced deportations of Ukrainian children by Russia-controlled persons is crucial, as there is some difference in such recognition as genocide crimes, or as war crimes or as crimes against humanity, Association’s submission pointed.
Also, submission stressed, the big challenge is the perspectives of cases, initiated by victims in Ukrainian civil jurisdiction against Russia as state for moral and material damage compensation, and the same challenges are with consequences of some international courts’ decisions.
Submission pointed, that in case 166 International Court of Justice established at January, 2024 racial discrimination of ethnic Ukrainians in the Crimea since 2014 and ICERD violations by Russia in region against Ukrainian language, in framework of absence of education for pupils on Ukrainian; but ICJ did not establish compensation mechanisms in that case.
ARC’s submission added that issues of legal subjectivity and responsibility of artificial intelligence, involved into Ukrainian children discrimination, sexual exploitation and abuse in digital environment by Russia-controlled persons also as of its creators and coordinators, must be researched.
So ARC stressed the direct proposals to Concept note for General Comment No. 27, pointing on role of Rome Statute, Geneva Convention and Additional Protocols to them and on context of execution the decision of international courts an of foreign national courts, connected with interstate conflicts, foreign effective control and international crimes
