IMPLEMENTATION OF FOREIGN EXPERIENCE IN ENSURING THE RIGHTS AND FREEDOMS OF ORPHANS

Abstract

The process of improving the system of social protection of children left without parental care is possible on the condition of the appropriate regulatory and legal framework creation, since the basis of changes and new approaches in the activities of various state structures working for the interests of children must exist within the framework of the legal field of Ukraine. In particular, the legislation on neglected children, who still remain outside the attention of the state, needs to be revised. Despite the fact that child neglection is a source of social orphanhood, the problems of the neglected are not integrated into the policy of social protection of orphaned children. The absence of a legally defined concept of "neglected children", the procedure of their identification and accounting, does not allow a focused analysis of the situation of this social group, limits the access to social services and significantly complicates their social protection. Therefore, the purpose of our research is to substantiate the essence and features of positive foreign experience in ensuring the rights and freedoms of orphans and the directions of implementation of the above-mentioned into the social policy of Ukraine. Having analyzed the foreign experience, we have established that three models of social protection of childhood are actively functioning in the countries of Europe and the USA, which deserve attention and the elements of which should be considered in the perspective of introducing their elements into the Ukrainian social experience: – the European model prevails in developed Western European countries (Great Britain, France, Ireland, the Netherlands, Sweden, Denmark, Norway, Finland, Austria, Belgium, Germany, Italy, etc.) and is characterized by the dominant participation of the state (or its control) in the system of social protection of children. The modern European model is based on the theory of the general welfare state, according to which an active social policy is carried out at the state level, aimed at creating a decent standard of living, increasing social equality, and justice. – the American model – is specific for the USA and Latin American countries (Argentina, Venezuela, Brazil, Peru, Chile, etc.) differs from the above mentioned in that, that the social protection measures for children are concentrated mainly in the hands of the private sector. A characteristic feature of this model is decentralization, which is determined by the absence of a centrally coordinated children’s and youth policy. Childhood issues are the responsibility of a number of ministries and agencies at different levels, which are not clearly interconnected; – transitional model has found a practical embodiment in the states of the former socialist camp (Central European countries, the CIS), which is due to the processes of reforming all social spheres from the end of the 20th century, including the institution of social protection of childhood. A characteristic feature of this model is the shift of the vector of social protection of children from full state regulation (Soviet model) to the combination of public and private sectors (mixed model). Social protection of childhood is considered as one of priority directions of the state social policy, aimed at creating conditions that ensure the dignified life and free development of a child, and is enshrined in the constitutions of the states.