De-institutionalisation

The requirement for de-institutionalisation of adults with disabilities is set out in the UN Convention on the Rights of Persons with Disabilities.

In pursuance of the EU requirement for de-institutionalisation, Ukraine must replace institutional care of persons with disabilities with community-level services where a person even with most severe development disorders lives at home or in assisted living home (it is a service where up to eight persons with their own space, belongings, the decision-making ability etc. live in the conditions that are very similar to family and home ones, but are assisted where necessary).

That is why the Ministry of Social Policy of Ukraine has drafted the ordinance of the Cabinet of Ministers of Ukraine “On Approving the Strategy for Reforming Psychoneurological Care Homes, Other Care Facilities, and De-institutionalisation of Care of Persons with Disabilities, the Elderly” (hereinafter the “Strategy”). The Strategy was adopted in December 2024.

The purpose of the Strategy is to ensure rights of persons with disabilities and the elderly, in particular, by creating conditions for their full-scale participation in the social and economic life.

Goals to be reached within the Strategy:

• to eliminate the pre-conditions and causes that result in violation of rights of persons with disabilities and the elderly;
• social and economic integration of persons with disabilities and the elderly;
• development of the system for social and other services in communities for persons with disabilities and the elderly, which will facilitate their independent life in the community and prevent institutionalisation.

The Ministry of Social Policy of Ukraine is implementing the experimental project of organizing provision of residential care, assisted living services for the elderly internally displaced persons and persons with disabilities based on the money follows the person principle.

De-institutionalisation of Child Care and Upbringing

In 1991, Ukraine ratified the UN Convention on the Rights of the Child and declared that family was the best environment for upbringing, development and formation of the personality. It is prescribed by the Family Code of Ukraine, the Law of Ukraine “On Childhood Protection”, the UN Convention on the Rights of the Child, a number of other acts of international law and the Ukrainian legislation that family is a natural environment for physical, spiritual, intellectual, cultural and social development of the child, their financial support, and it is also declared that every child has the right to live with their family together with parents or in the family of one of them and to be taken care of by parents.

According to the UN Guiding Principles regarding alternative care, children must be covered by such care system only when it is absolutely necessary and is in their interests. Family-based care or adoption are preferred as it is in the best interests of the child.

Strategy on Ensuring the Right of Every Child in Ukraine to Grow Up in a Family Environment

In November 2024, the Government adopted the Strategy on Ensuring the Right of Every Child in Ukraine to Grow Up in a Family Environment for 2024–2028 and the Operational Action Plan for 2024-2026 for its implementation.

The Strategy is a complex document that defines the inter-industry nature of the reform of the child care and support system and the strategic direction of operations of central and local executive authorities, local self-government bodies, civil society institutions in the field of child care and support in Ukraine.

The Strategy is based on the principles of de-institutionalisation adopted by the European countries as well as fundamental values and guidelines in the field of formation of the policy and the practices aimed at ensuring every child’s right to be raised in the family environment. Adoption of the Strategy is also an indicator of performance of Ukraine Facility, the financial support programme for our state from the European Union.

The Strategy considers the context of the full-scale war and related challenges, in particular, increased risks of families with children getting into difficult life circumstances due to forced displacement, loss of property and income, psychological and physical traumatisation etc.

The document sets out six strategic goals:

• To increase the capacity of families with children for taking care of and raising children, for creating the safe environment favourable for their development.
• To ensure growth of orphaned children and children deprived of parental care, including children with disabilities, in a family environment.
• To ensure that the children who have been temporarily displaced (evacuated), displaced by force, deported as well as children from temporarily occupied territories, territories with actual or possible hostilities, who have been returned or evacuated into safe regions of Ukraine, are raised in the family environment and integrated into the life of the territorial community.
• To observe rights and interests of children in reformation of the facilities that offer institutional care and upbringing, preservation and direction of resources of such facilities to support children and families with children in territorial communities.
• To enable the children and persons experienced with experience of alternative care and upbringing are able to establish social relations that promote their successful integration into the life of territorial communities.
• To create the organizational and legal framework for the implementation of the Strategy.

The Strategy is coordinated by the Coordination Centre for the Development of Family Upbringing and Child Care, the counselling and advisory body at the Cabinet of Ministers of Ukraine.

The implementation of the Strategy will enable performing one of the most essential tasks, the exercise of the child’s right to be raised in the safe family environment, with quality satisfaction of their individual needs.