Assessment of Child Protection System
in Kyrgyzstan
Case study prepared by Irina Malanchuk, International Expert on Child Protection System
Reform, moldova for 2nd Child Protection Forum for Central Asia, Azerbaijan and Turkey on
Child Care system reform
Bishkek, Kyrgyzstan
April 2009
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1. Background and Purpose of the Study
The main purpose of the study supported by UNICEF and agreed with the European Commission was
to analyze and assess the existing child protection system and develop recommendations on
improvement of efficiency of social services and social protection of family and children for the
Government of the Kyrgyz Republic and the Jogorku Kenesh.
The objectives of the study were: a) mapping of the structure of government agencies involved in
implementing the child right to social protection; b) analysis of functions and capacity of government
agencies with respect to implementation of the Children’s Code of the Kyrgyz Republic; c)
development of practical and feasible recommendations on improvement of performance of the
system for further social protection of children.
The study was conducted in March 2009 by an international expert who had meetings with numerous
experts in the Government and in the area of social services. Therefore, the study reflects their
experience and opinions. Meetings were held with staff of the Child Protection Department, Child
Protection Sector of the Government Office, some Departments of Family and Child Support, Ministry
of Labor and Social Development, Ministry of Education and Science, District State Administrations
and Ayil Okmotu.
2. Introduction
This report has been drafted with support from UNICEF under the Mapping of Child Protection System
in the Kyrgyz Republic. The report is based on the following:
1. review of legislation regulating rights and legitimate interests of children in the Kyrgyz Republic;
2. information obtained during visits and meetings with representatives of:
a) central government authorities responsible for child rights protection:
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Child Protection Sector of the Education, Culture and Sport Department of the
Government Office of the Kyrgyz Republic;
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Child Protection Department under the State Agency for Physical Culture, Sport, Youth
and Child Protection under the Kyrgyz Republic Government;
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Ministry of Labor and Social Development of the Kyrgyz Republic;
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Ministry of Education and Science of the Kyrgyz Republic;
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Republican Psycho – Medical and Pedagogical Commission of the Ministry of Education
and Science of the Kyrgyz Republic;
b) district level government authorities responsible for child protection:
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Department of Family and Child Support;
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Social Protection Directorate;
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Education Directorate;
c) village council (ayil okmotu) level government authorities responsible for child protection:
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chairman of ayil okmotu;
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executive secretary of ayil okmotu;
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leading specialist on social protection;
d) international and non-governmental organizations:
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European Union Commission Program;
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Every Child UK Office in Kyrgyzstan;
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Save the Children;
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Public Foundation “My Family”;
e) Institutions providing services to socially vulnerable children as well as children with special
needs:
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established with donor support under various alternative projects;
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earlier established residential institutions in the process of transformation;
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earlier established residential institutions with no change.
The research was conducted during my business trip to Kyrgyzstan in the period between March 1
and 14, 2009. Big support for implementation of the Mapping of Child Protection System in the Kyrgyz
Republic was provided by representatives of the UNICEF office in the Kyrgyz Republic, in particular,
Timothy Schaffter, Rajae Msefer Berrada, Elena Zaichenko, and Asel Djailoeva. Meetings with the
following people were very important: Ekaterina Gennadievna Khoroshman and Cholpon Sarykuevna
Kalmyrzaeva, staff members of Child Protection Sector of the Education, Culture and Sport
Department of the Government Office of the Kyrgyz Republic; Tynalieva Umutkhan Moldobekovna,
Deputy Minister of Education and Science of the Kyrgyz Republic; Suyunalieva Burul Sharshenovna,
head of Chief Directorate of Social Protection and Humanitarian Aid of the Ministry of Labor and Social
Development of the Kyrgyz Republic; Tolkun Mirzakhanovna Bekbulatova, Director of Child Protection
Department; Gulmira Shakiralieva, lawyer – expert of Child Protection Department, Elena
Vladimirovna Ganina, Head of Family and Child Support Department of Issyk-Ata district;
representatives of international and non-governmental organizations: Gnel Sedrakyan, Head of
European Union Commission Program; Anara Kasymovna Ismailova, Director of Every Child Office in
Kyrgyzstan; Nurjan Asanovna Musaeva, Director of Public Foundation “My Family”.
At the beginning of the report an overview of the current situation in the Kyrgyz Republic is provided,
in particular, the protection system of children in crisis situation, followed by a review of the legislation
regulating rights and legitimate interests of children in the Kyrgyz Republic. Further, the report
provides the structure of government agencies responsible for child protection, their role and
interaction, types of services for various groups of children in risk situations and their socially
vulnerable families as well as analysis of various practices of case management and children’s “road”
to residential institutions.
3. Child Protection System Status in Kyrgyzstan
The Kyrgyz Republic (Kyrgyzstan), in compliance with the Constitution, became a sovereign, unitary
democratic state in 1993.
According to the National Statistics Committee data, in 2008, the population of Kyrgyzstan was
5,030,000 and has grown by 3.7 percent since 2004. Children under 15 constitute 38.1 percent, and
able to work people constitute 52.7 percent of the total population. As of 2007, children under 17
constitute 1,938,524 people. According to the National Statistics Committee data, in 2008, 127,300
children were born (24.1 cases per 1,000 people), and 37,700 citizens died (7.1 facts per 1,000
people). Thus, natural increase amounted to 89,600 people - 17 facts per 1,000 citizens.
In the last 5 years the number of children born out of wedlock increased, and their share in the birth
number amounts to about 32 percent, that is about one third of newborn babies are children of
mothers who are not in registered marriage. In 2006, of the total of babies born out of wedlock, 60
percent were registered upon parents’ joint application while the remaining 40 percent were registered
upon mother’s application. Children born out of wedlock are mainly from mothers under 30 years of
age (over 75 percent of births out of wedlock). It should be noted that out of wedlock births from young
mothers has been growing since 2005. According to the 1999 population census, there were 997,000
families in the country, and their average size was 4.7 persons. There were 11,500 broken families
with children under 18 or 13 percent of the total number of families with children under 18. Share of
such families among urban population amounted to 19 percent while in the rural areas it was 9
percent. In 2007, the number of divorces increased by over a quarter compared to 2003 (from 1.1 per
100 people in 2003 against 1.4 in 2007). Thus, every sixth marriage falls apart 1.
The state’s territory covers about 200,000 sq. km (85th place in the world). Population density is 26
persons per sq. km.
In Kyrgyzstan, according to the National Statistics Committee data for 2007, rural population prevails
over urban population and constitutes 65 percent of the total population of the country.
Also, according to the National Statistics Committee data for 2007:
-
average life expectancy is 67.7 years;
-
number of men per 1,000 women is 955;
1 National Statistics Committee: “Social Trends of the Kyrgyz Republic”, Issue 4, 2008.
3
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on average, a woman has 3.1 children2;;
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the level of literacy is 98.7 percent3;;
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the level of children covered by basic education (1 – 9 grades) - 95 percent4..
The Kyrgyz Republic is a multinational country, at the same time the native population constitutes a
major part of the population (69.2 percent) 5.
In 2008, the majority of the country’s population by ethnicity comprised of:
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Kyrgyz – 3,616,500 people or 69.2 percent;
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Uzbek - 754,500 people or 14.5 percent;
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Russian - 456,400 people or 8.7 percent.
According to the Country Development Strategy for 2007 – 2010 approved by the Decree of the
President of the Kyrgyz Republic, in 2005, the total annual gross product per capita amounted to USD
475. In the last 3 years, population’s real income grew, on average, by 5 percent per year. At the
same time, against the backdrop of economic growth the level of officially registered unemployment
was growing having reached 10 percent in 2005. In 2008, the minimum consumer budget was, on
average, 2,527.5 Som per month per capita, and 2,135.4 Som for children 6.
In 2005, the volume of nominal funding of key social areas of development amounted to the following:
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Social protection – 2.8 percent;
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Health care – 2.0 percent;
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Education – 4.9 percent.
Like most other former Soviet countries, after collapse of the Soviet Union, Kyrgyzstan experienced a
severe economic crisis that led to a decrease of quality and standards of living and growth of poverty.
According to the Joint Country Support Strategy (JCSS), which is a joint strategy of five partners
(Asian Development Bank, Swiss Development Cooperation Agency, UK Department for International
Development, World Bank Group and UN Agencies), in 2007, 43 percent of the population of
Kyrgyzstan lived below the poverty line while 11 percent lived in extreme poverty. About half of the
rural population lived in poverty while among urban population 30 percent were poor7. The biggest gap
between urban and rural areas was found in Issyk-Kul oblast where urban poverty was 23.1 percent
while rural poverty was 62.9 percent. Poverty in the regions, especially in rural areas, is due to a lack
of infrastructure and employment.
The market oriented economic course led to withering away of social guarantees such as wide scale
employment, universal access to free education and health services. The economic crisis had a
negative impact on main social groups of the population, as a result, most families with children found
themselves living below the poverty line. The situation in the country decreased access of children
from low income families to education, health and social services.
The Country Development Strategy for 2007 – 2010 indicates that at present the education system
faces a number of social, economic, public, education and governance challenges. These challenges
affect access of children, especially children from risk group families, to education services.
The number of preschool educational institutions in the country went down (1,400 preschool
institutions in 1992, 400 in 2000, and 503 in 2005), and 12.5 percent of the total number of children of
preschool age were covered by preschool education in 20058. According to information of the Ministry
of Education of the Kyrgyz Republic, in 2005, preschool education coverage of children in rural areas
was much lower than of urban children (of the total number of children attending preschool institutions
73 percent are in urban areas and 27 percent are in rural areas). This problem is especially urgent for
children from low income families as preschool education is currently partly paid for by the parents and
amounts to 800 Som per child.
2
National Statistics Committee, 2007.
3 Country Development Strategy for 2007-2010.
4 Country Development Strategy for 2007-2010.
5
National Statistics Committee, 2007.
6 National Statistics Committee, 2007.
7 Research by Mac Lin Hue and Orozova R. “There are no wolves on this road”. On the Issue of the National Model of Infants
Development for Kyrgyzstan: UNICEF Pilot Projects in Batken Oblast. – B.: 2008 – 98p.
8 Research by Mac Lin Hue and Orozova R. “There are no wolves on this road”. On the Issue of the National Model of Infants
Development for Kyrgyzstan: UNICEF Pilot Projects in Batken Oblast. – B.: 2008 – 98p.
4
Due to low preschool education coverage of children, especially children from low income families, the
level of preparedness for school of these children is significantly lower than that of children attending
preschool institutions. Given the low level of preparedness to school, complexity and undifferentiated
school program, a lack of parental support in children’s schooling, at the end of their first year in the
elementary school many children from low income families are sent for diagnostics to psycho-medical
and pedagogical commissions, then follow to support institutions. Provision of free services at school
for children from low income families such as day care centers to assist these children with homework
as well as provision of free food could reduce the number of children sent to boarding schools, often to
auxiliary schools for mentally retarded children.
Although all children in Kyrgyzstan are provided with school books and free food at elementary
schools (5 Som per child per day) 9 it is a problem for low income families to provide children with
school uniform and school supplies. Schools also charge additional fees, so called “voluntary
contributions to the school fund”, school refurbishment costs, contribution to the grade’s fund etc. All
these fees represent a problem for a low income family, especially a family with many children. Thus,
although formal school education in Kyrgyzstan is free and universally accessible, access to education
of children from low income families is difficult, and the solution is often sending the child to a boarding
school. Development of social services to support low income families and families in crisis situation
(day care centers, targeted material support etc.) could prevent institutionalization of children.
According to various estimates, currently there are over 10,000 neglected children in the country, over
23,000 working children and 20,000 school drop outs.
The level of population with no access to health services went down from 11.4 percent to 7.8 percent
in 2000 – 200410. Although health care services are accessible to a large public, their cost and
remoteness of health care institutions from some settlements represent a serious obstacle, especially
for rural people. According to the Program of State Guarantees on Social Status, the list of citizens
entitled to free in- and out-patient health care services11 include:
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People disabled from childhood;
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Children with disabilities under 18 years of age;
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Children under 5 years of age (4 years 11 months and 29 days);
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Orphan children living in state orphanages, family orphanages (foster families), boarding
schools for orphan children, children left without parental custody;
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Children under 16 years of age from families with many children, including 4 and over
underage children (upon presentation of a certificate from social insurance authorities or
ayil okmotu social worker).
This list grants citizens the right to reimbursement of 75 percent of established average cost, including
children from 5 to 16 years of age (general education institutions children have this right until they
complete their education but not after they reach 18 years of age); 50 percent of outpatient health care
services can be reimbursed based on price list for children from 5 to 16 years of age(general
education institutions children have this right until they complete their education but not after they
reach 18 years of age).
However, in practice the public, including children from families with many children and children with
disabilities pay for health care services, which is a problem for low income groups of population.
Social protection system in the Kyrgyz Republic includes social payments and social allowances as
well as benefits for certain groups of people and social services to vulnerable groups. In 2005, the
total number of state benefit recipients exceeded 11 percent of the country’s population. According to
the National Statistics Committee data, in 2006, the number of disabled children under 18 years of age
amounted to 19,931, there were 10,540 children receiving survivor’s benefit, of them 243 were full
orphans. The number of children receiving single monthly benefit: 45,365 children under 1.5 years of
age, 412,144 children between 1.5 and 18 years of age. Given a great number of social benefit
recipients and limited government budget resources, benefit sizes are small and their impact on
improving standards of living of recipients is insufficient. The following are the sizes of various types of
allowances:
9
Decree #372 of the President of the Kyrgyz Republic dated July 12, 2006 on Provision of Meals at General Education Schools
of the Kyrgyz Republic, Decree #673 of the President of the Kyrgyz Republic dated September 18, 2006 on Provision of Meals
to Children at State and Municipal General Education Schools of the Kyrgyz Republic.
10 Country Development Strategy for 2007-2010.
11 Program of State Guarantees on Free and Preferential Terms Approved by the Kyrgyz Republic Government Resolution
#192 dated April 29, 2008.
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single monthly benefit for children under 18 years of age from low income families – 121.7
Som (151,200 low income families);
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social benefit – 504.4 Som (58984 thousand people);
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benefit for disabled from childhood – 715.4 Som;
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benefit for children with disabilities under 18 years of age – 763.2 Som;
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survivor’s benefit – 445.0 Som12;
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children in custody – 200 Som.
The state grants 38 types of benefits to 32 groups of people covering about a quarter of the
population. Recipients of social services are mainly people living in special institutions – boarding
homes as well as single senior citizens receiving social services at home (about 11,000 people).
The social and economic situation in Kyrgyzstan is, to a great extent, reflected on the child protection
system which the country inherited from the Soviet Union. At present, it is a split system, including
several government agencies responsible for child protection at the central and local levels.
Residential institutions and institutionalization of children remain the main form of protecting children
left without parental custody and children from low income families. Children’s access to residential
institutions is easy while opportunities for reintegration of the child into the family after staying at
residential institutions are very low. In recent years the number of residential institutions and the
number of children living in these institutions have grown from 17,230 children in 2004 to 20,750 in
200713. Practically everywhere, except for a few districts, no measures are taken to prevent
institutionalization of children as well as to reintegrate the child back into the family, there is no
procedure for case management with respect to the child and the family in crisis situation. At present,
in Kyrgyzstan there is no state database on children in residential institutions and children left without
parental custody. Residential institutions keep children’s records and submit reports in compliance
with requirements of the relevant agency. It should be noted that in recent years public organizations
began providing services for children. Many of them provide residential services to children who
become admitted to these organizations bypassing child welfare authorities. There is no record of
these children, and in many cases quality of uncontrolled services provided to children is questionable.
Despite internationally recognized negative impact of residential institutions on child development,
most of the funds, currently allocated by the Kyrgyz Government to support children and families
experiencing difficulties, is spent on the costly sector of state residential institutions.
A number of pilot projects implemented with financial and technical support from international
organizations and NGOs demonstrated possibilities of supporting children and families in crisis
situation by providing social services to support the family. This type of children and family support
requires less financial costs with no need to send children to state residential institutions.
Nevertheless, there is still a significant vacuum in service provision as children and their families need
a complex of social services for family support which may even include payment of focused social
benefits. Development of comprehensive social services for family support at the national level would
help prevent withdrawal of the child from the family and community and let the child exercise his right
to live in the family. At the same time, it is necessary to develop family type social services substituting
the family for orphan children and children left without parental custody such as foster families and
further improvement of guardianship and child adoption institutes.
UNICEF Office in Kyrgyzstan is the main agency supporting the Kyrgyz Government in reforming the
child protection system.
The Children’s Code of the Kyrgyz Republic was developed with UNICEF support and came into force
on August 7, 2006. To implement its provisions, in 2007, Child Protection Department (hereinafter
referred to as CPD) under the State Agency for Physical Culture, Sport, Youth and Child Protection
under the Government of the Kyrgyz Republic was established. This department is a special
authorized body under the Government of the Kyrgyz Republic for protection of children’s rights and
interests and the central state body implementing the Code’s objectives. At the Government level,
CPD is coordinated by the Child Protection Sector (established in 2008), which is a structural unit of
the Education Department of the Government Administration of the Kyrgyz Republic.
12
www.stat.kg.
13 UNICEF Kyrgyzstan
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For child protection at the local level, in 2008, departments for family and child support as structural
subdivisions (hereinafter referred to as FCSD) and commissions on children’s issues (CCA) were set
up at district state administrations and city mayor’s offices.
At the same time, in compliance with the Kyrgyz legislation, FCSD are not subordinate to CPD, thus
CPD does not have regional subdivisions.
FCSD is not an independent legal entity, it does not make decisions, and it does not have subdivisions
at village council levels, and due to limited staff and a lack of transport it is not able to carry out its
functional duties vested upon it by the legislation.
The existing legislation regulating children’s rights and legitimate interests does not clearly identify and
distinguish responsibilities of various government agencies both horizontally and vertically.
Establishment of new government bodies in the area of child protection with unclear functions in
addition to the existing authorities responsible for child protection resulted in even more fragmented
child protection system in Kyrgyzstan. Now there are two parallel systems: a newly established Child
Protection Department with no local capacity at oblast, rayon and village levels and all pre-existing
central structures (ministries) with relevant subdivisions, institutions and network of services at the
local level. In the meantime, the situation of socially vulnerable children and their families in the
country remains unchanged.
4. Legal Framework
The following are the main legal acts regulating children’s rights and legitimate interests in the Kyrgyz
Republic:
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Constitution of the Kyrgyz Republic dated January 15, 2007;
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Code on Children of the Kyrgyz Republic dated August 7, 2007, #151;
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Family Code of the Kyrgyz Republic dated August 30, 2003, #201;
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Civil Code of the Kyrgyz Republic, Part 1 dated May 8, 1996, #15;
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Law of the Kyrgyz Republic on Local Self-Governance and Local State Administration
dated May 29, 2008, #99;
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National Human Rights Program for 2002-2010 approved by the Decree of the President
of the Kyrgyz Republic dated January 2, 2002, #1;
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Decree of the President of the Kyrgyz Republic on Child Protection and Support dated
August 30, 2007, #390;
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State Program for Implementation of Child Rights in Kyrgyzstan “New Generation” until
2010 (approved by the KR Government Resolution dated August 14, 2001, #431).
Social protection of the population, including children, is regulated by the following legal acts:
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KR Law on Fundamentals of Social Servicing of Population in the Kyrgyz Republic dated
December 19, 2001, #111;
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KR Law on State Minimum Social Standards dated August 7, 2006, #149;
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KR Law on State Benefits in the Kyrgyz Republic dated March 5, 1998, #15;
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KR Law on Rights and Guarantees of People with Disabilities dated April 3, 2008, #38;
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KR Law on Social and Legal Protection from Domestic Violence dated March 25, 2003,
#62;
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Decree of the KR President on Measures for Additional Social Support of Citizens of the
Kyrgyz Republic dated December 3, 2007, #527;
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Regulations on the Ministry of Labor and Social Development of the Kyrgyz Republic
approved by the Government Resolution #118 dated April 12, 2007;
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KR Government Resolution on Provision of Social Benefits dated August 23, 2006, #605;
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KR Government Resolution on Opening of a Special Bank Account for Full Orphan
Children dated February 21, 2004, #84;
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List of medical indications granting the entitlement to monthly allowances for children with
disabilities until they reach 18 years of age approved by the KR Government Resolution
dated December 31, 2002, #915.
The child’s right to education is regulated by the following legal acts:
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KR Law on Education dated April 30, 2003, #92;
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Major Areas of the Program “Access to Education” (Jetkinchek) approved by Decree of
the KR President dated February 11, 1999, #41.
Legal acts regulating child rights in health area include:
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KR Law on Public Health Care in the Kyrgyz Republic dated January 9, 2005, #6;
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KR Law on Medical Insurance of Citizens of the Kyrgyz Republic dated October 18, 1999,
#112.
Government agencies’ activities in the area of child protection are carried out in compliance with the
following regulations:
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Regulations on State Agency for Physical Culture, Sport, Youth and Child Protection
approved by the KR Government Resolution dated April 20, 2007, #139;
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Regulations on Establishment of the Child Protection Department under State Agency for
Physical Culture, Sport, Youth and Child Protection under the Government of the Kyrgyz
Republic dated May 15, 2007, #141-0;
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KR Government Resolution #285 dated June 10, 2008 on Establishment of Departments
of Family and Child Support and Commissions on Children’s Issues at District State
Administrations and Executive Bodies of Local Self-Governance;
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Standard Provisions on Departments of Family and Child Support (KR Government
Resolution dated June 10, 2008, #285);
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Standard Provisions on Commissions on Children’s Issues (KR Government Resolution
dated June 10, 2008, #285).
Forms of accommodating children outside the family and at institutions are provided by the following
legal acts:
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Regulations on Rules of Handover of Children Left without Parental Custody for Adoption
by Citizens of the Kyrgyz Republic and Foreign Citizens (approved by KR Government
Resolution dated February 22, 2006, #121);
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Regulations on Family Orphanages (Foster Families) (approved by KR Government
Resolution dated March 30, 1998, #150);
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Regulations on State Orphanage under the Ministry of Education, Science and Culture of
the Kyrgyz Republic (approved by order of the Ministry of Education, Science and Culture
of the Kyrgyz Republic dated April 3, 1998 , #168/1);
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Standard Provisions on Orphanage (approved by order of the Ministry of Health dated
June 1, 2004, #259);
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Regulations on Special General Education Boarding School for Hearing Impaired Children
(approved by order of the Ministry of Education, Science and Culture of the Kyrgyz
Republic dated March 10, 1998 , #107/1);
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Standard Provisions on Special Education Institutions for Children and Teenagers with
Mental and Physical Disabilities (approved by KR Government Resolution dated
December 21, 1995, #555).
Newly established alternative forms of accommodating children outside the family are regulated by the
following legal acts:
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Temporary Provision on Belovodskoe Orphanage - Foster Family Center (on organizing
family arrangements for children left without parental custody) approved by KR
Government Resolution dated March 22, 2005, #142);
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Order of the Ministry of Health #259 dated June 1, 2004, on Organization of Treatment
and Preventive Work and Medico-Social Services at Infant Children Orphanages;
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General Provision on Family Resource Centers (FRC) approved by Order of the Ministry
of Health dated June 1, 2004, #259.
According to the Constitution of the Kyrgyz Republic, care about children and their education is the
natural right and civil duty of parents. The state provides maintenance, upbringing and education of
orphan children and children left without parental custody.
The Children’s Code of the Kyrgyz Republic provides that the state policy on child protection is a
priority area for government authorities and local self-governance bodies. In compliance with the
Children’s Code, implementation of child rights in the areas of education, health, labor and social
protection, migration and employment is carried out by relevant government agencies. Protection of
rights of children in crisis situation is carried out by a newly established system of specialized agencies
in the area of child protection:
-
Specially authorized agency under the Kyrgyz Government in the area of child protection
(national level);
-
Commissions on Children’s Issues (district level);
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Family and Child Support Department (district level).
In compliance with Article 2 of the Children’s Code of the Kyrgyz Republic, “children in crisis situation
are children left without parental custody, children with mental and/ or physical disabilities, children –
victims of armed and interethnic conflicts, environmental and technological disasters, natural
disasters, children of migrant and displaced families in extreme conditions, victims of violence, children
incarcerated at correctional facilities and special education institutions, children from low income
families whose livelihoods are destructed as a result of circumstances and who cannot overcome
these circumstances by themselves or with family support”.
State Agency for Physical Culture, Sport, Youth and Child Protection is an authorized state body at the
central level under the Government of the Kyrgyz Republic in the area of child protection. In
compliance with Article 14 of the Children’s Code of the Kyrgyz Republic, main objectives of the
authorized state agency under the Government of the Kyrgyz Republic in the area of child protection
are:
-
implementation of the state policy in the area of protection of rights, freedoms and
legitimate interests of children;
-
development of state minimum services on
implementation and educating about their content;
-
accreditation of organizations operating in the area of providing services to children and
supervision of their activities;
-
approval of the annual work plan of the Department of Family and Child Support;
-
raising public awareness of child rights and provisions of the UN Convention of Child
Rights;
-
review of complaints and appeals on decisions of Commissions on Children’s Issues,
including the ones submitted by children.
child
protection,
monitoring
their
It is necessary to note that:
- the Code does not identify a certain government authority whose mandate includes
formulation of state policy in the area of child protection. However, according to the Regulations
on Child Protection Department, the scope of activities of this body includes development of
proposals on formulation of state policy in the area of child protection and identification of priority
areas;
- Article 13 of the Code identifies specialized bodies in the area child protection: at the central
level – an authorized body under the Government of the Kyrgyz Republic in the area of child
protection, and at the district level – commissions on children’s issues and departments of family
and child support. However, either the Code or other legal acts do not prescribe a clear
mechanism of coordination and interaction between the central and local government authorities.
In compliance with the Regulations on Family and Child Support Department approved by the
Kyrgyz Government Resolution #285 dated June 10, 2008, the Family and Child Support
Departments a structural subdivision of a relevant authority whose mandate includes creation of
such departments, that is of district state administration or city mayor’s office. Thus, FCSD is not
subordinate to CPD and CPD does not have structural subdivisions at the local level;
9
- implementation of the state policy in the area of protection of rights, freedoms and legitimate
interests of children is duplication of functions of sectoral ministries implementing state policy and
child rights in a relevant area (health, education, social protection of children etc.);
- objectives of this body with respect to development of state minimum services in social
protection of children are not clearly formulated and require, to my mind, some corrections. It is
not clear whether CPD is tasked with development of social services or development of minimum
quality standards for social services. At the same time, it should be noted that in compliance with
regulations on the Ministry of Labor and Social Development 14, these tasks belong to the mandate
of this ministry;
- formulation of the task to carry out accreditation of organizations providing services to children
and supervision of their activities implies all services for children, including health, education,
social and other services, which is unrealistic requirement for this government body.
According to the Regulations on Child Protection Department, the scope of activities of this body
includes development and implementation of state policy in this area, coordination of development and
implementation of state programs as well as accreditation and monitoring of organizations providing
social services to children. In addition, the Department is tasked to provide financial, organizational,
information and methodology and other assistance to departments of family and child support,
commissions on children’s issues and local self-governance bodies. However, at present the
Department cannot effectively carry out these tasks due to its low status in the structure of central
government authority and a lack of leverage on local authorities.
According to Article 126 of the Family Code of the Kyrgyz Republic, protection of rights and interests
of children at the local level, including protection of children left without parental custody, is a
responsibility of the Family and Child Support Department and the Commission on Children’s Affairs
operating in compliance with legal requirements of the Kyrgyz Republic in the interests of children.
In compliance with Article 16 of the Children’s Code of the Kyrgyz Republic, a Commission on
Children’s Affairs is established at district administrations or city mayor’s office. CCA activities are
regulated by the Regulations on Commission on Children’s Issues. According to these legal acts,
Commission on Children’s Affairs is not a permanently operating working body and it carries out its
activities on a periodic basis. At the same time, Commission on Children’s Affairs is organized by a
secretariat which works on a permanent basis and is set up by a relevant local self-governance body
or local state administration. It should be noted that currently the issue of organizing a secretariat at
the local level operating on a permanent basis remains unresolved and not financially supported.
Tasks of the Commission on Children’s Affairs include:
-
approval of decisions made by the Family and Child Support Department determining a
child’s fate (leave in the family, transfer to a foster family, send to open or closed
institution);
-
confirmation of decision made by the Family and Child Support Department on the choice
of a foster family;
-
supervision of activities of the Department of Family and Child Support;
-
getting a child out of the open or closed institution in case the child was wrongfully put
there;
-
review of applications and complaints on actions of employees of the Family and Child
Support Departments well as on quality of services provided to children or violations of
child rights.
Thus, the Commission on Children’s Affairs has many general tasks implementation of which is
problematic due to a lack of a permanently working paid secretariat staff. For example, in Issyk-Ata
district, in 2008, the Commission on Children’s Affairs reviewed 161 cases whereby comprehensive
examination and in-depth analysis of each case to make a decision in the best interests of a child is
difficult. In addition, to review individual cases on child protection there is a need to invite personnel of
a “lower” management level and specialists working with children as commission members. While
heads of sectoral departments under the leadership of the Deputy Akim on Social Issues could
address more general child protection issues at the district level.
14 Law of the Kyrgyz Republic on State Minimum Social Standards dated August 7, 2006, #149; Regulations on the Ministry of
Labor and Social Development of the Kyrgyz Republic approved by the Government Resolution dated April 12, 2007, #118.
10
Commission on Children’s Affairs supervises activities of FCSD. In compliance with Article 16 of the
Code, CCA reviews decisions, conclusions and child protection plans of FCSD at its meetings.
According to Article 17 of the Children’s Code of the Kyrgyz Republic, FCSD has the following tasks:
-
prevention and prophylactics of delinquency among children;
-
identification of children left without parental custody and children whose parents do not
provide appropriate care and maintenance;
-
examination and assessment of the situation of the child in crisis situation;
-
giving a child the first, second and last name if both parents are not known;
-
review of appeals from children, government officials, organizations and citizens
concerning violations of child rights;
-
representing children’s interests at investigation authorities, prosecution’s office and the
court;
-
appointing a child’s representative in situations of conflict between the child and parents to
protect child’s rights and interests;
-
appealing to the court and participating in court proceedings for deprivation of parental
rights or removal of children without deprivation of parental rights;
-
taking measures to protect children’s right to housing and, if there is a need, providing
them with accommodation.
The above tasks are aimed at prevention of crisis situations in the family, family support and legal
protection of the child. However, because FCSD employs only 3 staff members, remoteness of
families, a lack of transportation, tasks of identification, examination and assessment of the child’s and
the family’s situation and prophylactics of delinquency among children are difficult to implement.
According to Standard Job Descriptions of village local self-governance bodies staff of the Kyrgyz
Republic, the tasks of an ayil okmotu leading specialist on social protection include identification and
implementation of programs on family social support (p.2). So identification of children in crisis
situation, including children left without parental custody, is carried out by FCSD jointly with local selfgovernance bodies. Procedure of identification and keeping records of children left without parental
custody is prescribed by Article 127 of the KR Family Code.
The task of identification of children left without parental custody and children whose parents fail to
provide adequate care and maintenance does not cover all situations when FCSD must provide
support to family and child in crisis situation. For example, FCSD tasks do not include support to
children with disabilities, children-victims of violence, teenagers incarcerated in correctional facilities,
children living in special educational institutions.
The task of examination and assessment of the child’s situation does not require assessment and
identification of family problems since, as a rule, child’s problems are related to family problems.
Identification of family problems and provision of relevant services for family support are prophylactic
actions aimed at preventing separation of the child with his biological family.
In situations of conflict between the child and the parents, FCSD must participate and represent the
child’s interests in this situation rather than appoint the child’s representative as prescribed by the KR
Children’s Code.
At the same time, Family and Child Support Departmentcarries out a range of functions on choosing a
form of accommodation of the child left without parental custody outside the biological family as well
as monitoring and supervision of activities of organizations providing such services. These functions
include:
-
choosing a form of accommodation for children left without parental custody based on the
child’s needs assessment;
-
provision of services on protection of rights and legitimate interests of children in crisis
situation, including prophylactic services, rehabilitation and reintegration into the society;
-
choosing guardians, adoptive parents, and foster families;
-
keeping records of children under custody or guardianship;
-
supervision of guardians, adoptive parents, and foster families to ensure they fulfill their
responsibilities;
11
-
provision of assistance to guardians and foster families;
-
monitoring of conditions of care, maintenance and education of children living on full state
support at social welfare institutions, medical institutions and other similar institutions;
-
participation in the procedure of children’s adoption by giving assessment of rationale for
adoption.
According to the Family Code of the Kyrgyz Republic, FCSD is also responsible for protection of rights
and interests of orphan children and children left without parental custody. Article 126 of the Family
Code rests responsibility of “protecting rights and interests of the child in cases of parents’ death,
deprivation of parental rights, restricted parental rights, recognition of parents as disabled, parents
illness, long absence of parents, parents’ evasion of child maintenance or protection of their rights and
interests, including refusal of parents to take their child from correctional facilities, medical institutions,
social protection institutions and other similar institutions as well as other cases of a lack of parental
custody on the Family and Child Support Departmentand Commission on Children’s Affairsacting in
compliance with requirements of legislation of the Kyrgyz Republic, in the interests of children”.
Article 128 of the Family Code of the Kyrgyz Republic provides for the following forms of
accommodating children left without parental custody:
a) transfer under the care of a family:
-
adoption
-
custody (guardianship)
-
foster family
b) accommodating in an institution for orphan children and children left without parental custody, of
all types.
According to the KR Family Code, other forms of accommodation of children left without parental
custody can be provided for by Kyrgyz legislation.
When determining the child’s fate, preference is given to family forms of accommodation taking into
account the child’s ethnicity, religious and cultural identity, mother tongue, possibility to ensure
continuity of upbringing and education.
Until children left without parental custody are accommodated in a family or an institution, Family and
Child Support Departmentacts as a temporary custodian (guardian). For children living on full state
support in correctional facilities, medical institutions, social protection institutions and other similar
institutions, the role of custodians is played by administration of these institutions. Temporary
accommodation of a child in such institutions by the custodian (guardian) does not terminate rights
and responsibilities of the custodian (guardian) with respect to the child.
The Family Code of the Kyrgyz Republic regulates issues of adoption, custody and guardianship and
foster families. Custody or guardianship is taken over children left without parental custody in order to
provide for their maintenance, care and education as well as protection of their rights and interests.
Responsibility for issues of custody (guardianship) and national adoption rests upon structural
subdivision of the local state administration or city mayor’s office – Departments of Family and Child
Support.
According to Article 17 of the Children’s Code of the Kyrgyz Republic, the tasks of FCSD with respect
to choice of form of accommodation and social protection of children left without parental custody
include making a choice of child accommodation, choice of custodians, guardians, adoptive parents,
foster families, provision of assistance. However, in compliance with Article 16 of the Children’s Code
and Regulations on Commission on Children's Issues, decisions of FCSD on determination of the
child’s fate are subject to approval of Commissions on Children's Issues followed by confirmation in
the form of a resolution of the head of district state administration or city mayor’s office.
The task of FCSD on provision of protection services to children in crisis situation includes their
reintegration into the society. However, FCSD is not expected to provide services of child reintegration
into his biological (extended) family. With respect to residential institutions, the role of FCSD is limited
to only supervision of conditions of maintenance, care and education of children while the task of
reintegration of children living in these institutions, which must be laid upon FCSD, is not assigned. At
the same time administration of such institutions are not interested in reintegration of children into
families as funding of residential institutions depends on the number of children staying in them.
12
FCSD is tasked with monitoring and support of custodians (guardians), adoptive parents, foster
families as well as supervision of activities of correctional facilities, medical institutions, social
protection institutions and other similar institutions where children left without parental custody live on
full state support.
As mentioned above, FCSD faces difficulties implementing these tasks due to limited human
resources in relation to district population number. For example, in Issyk-Ata district, currently there
are 270 custodian families with children left without parental custody. FCSD supervises activities of
custodians based on Regulations on Bodies of Custody and Guardianship approved by the Kyrgyz
Government Resolution #547 dated August 1, 2006, presently considered null and void. However, due
to a lack of a legal act regulating these issues, FCSD at the local level have to work based on
requirements of these Regulations. Point 15 of these Regulations requires that custody and
guardianship authorities inspect activities of custodians and guardians no less than twice a year. Thus,
for example, in Issyk-Ata district, a FCSD specialist on custody and guardianship must make no less
than 540 visits of custodian families within a year.
In addition to supervision of custodians and guardians, a FCSD specialist on custody and
guardianship has many other responsibilities, for example, adoption, keeping records and
identification of children left without parental custody, appealing to the court and participation in court
proceedings on deprivation or restriction of parental rights, on disputes over property rights of orphan
children and others. This example is yet another indication that FCSD cannot effectively carry out all
its tasks. At the same time, increased staff of FCSD would improve quality of its work but would not
resolve all its tasks on child protection. This problem can be solved through development of a family
and child support system at the level of local self-governance bodies (ayil okmotu). Timely
identification of children and families in crisis situations, investigation of problems and provision of
relevant support at the ayil okmotu level would lead to prevention of social problems of families with
children, reduced number of social orphans, screening and reduced number of cases for review by
FCSD. Thus, FCSD would be tasked with coordination of activities of child protection specialists at the
ayil okmotu level and review of cases which cannot be resolved at this level.
Since 2001, there is a position of a leading specialist on social protection in the structure of ayil
okmotu. Currently, these specialists work at this level. According to Standard Job Descriptions of Staff
of Local Village Self-Governance Bodies approved by the Kyrgyz Government Resolution #91 dated
February 23, 2004, functional responsibilities of the leading specialist on social protection include:
-
identification of socially unprotected, morally unstable families as well as risk group
children;
-
organization of work on implementation of family social support programs;
-
reception of citizens on issues of social servicing and provision of assistance in
addressing their problems;
-
drafting of annual and interim progress reports and reports on filling in of family social
passports and material support provided to low income families and citizens;
-
preparation and submission of relevant material to commissions on social issues to be
granted state benefits and children’s allowances;
-
development of activities on family social support to take them out of poverty;
-
preparation of material on assignment of custodians and guardians and monitoring of
custodian and foster families.
This specialist carries out functions rested upon him by Public Social Protection Directorate and
Department of Family and Child Support, practically all social issues at the ayil okmotu level. At the
village level, there are also social workers who provide unqualified services to senior citizens, disabled
people etc.
At present, at the ayil okmotu level, one qualified specialist on social protection (leading specialist on
social protection) cannot effectively carry out all his functions given the total number of population and
vast territory of ayil okmotu and tasks rested upon him. The specialist is overloaded with paper work,
he spends a lot of his time on keeping records and reporting on filling in of family social passports and
on various material support provided to low income families and citizens as well as on writing annual
and interim progress reports (about 20 forms of reporting monthly and quarterly). In addition, heads of
ayil okmotu often involve the specialist on social protection in other work not related to social work
(collection of taxes, measuring of land plots etc.). In this respect, it is necessary to review a form and
frequency of reporting by leading specialists on social protection to reduce paper work, limit activities
13
of these specialists to their job description as well as set the number of these specialists based on the
population of ayil okmotu and its size.
Social protection of the population at the district level is provided by Social Protection Directorates
which are territorial subdivisions of the Ministry of Labor and Social Development of the Kyrgyz
Republic.
In compliance with the Children’s Code of the Kyrgyz Republic, the scope of activities of the Ministry of
Labor and Social Development of the Kyrgyz Republic in the area of social protection of the family and
child include the following tasks:
-
implementation of the state policy on child protection in the area of social protection;
-
drafting of legislation of the Kyrgyz Republic aimed at exercising rights, freedoms and
legitimate interests by children in the area of social protection;
-
drafting and implementation of state target programs aimed at child protection in the area
of social protection;
-
education of children about their rights and responsibilities and available opportunities to
benefit from state assistance in the area of social protection;
-
concluding international agreements in the area of social protection aimed at child
protection.
In compliance with the Regulations on the Ministry of Labor and Social Development of the Kyrgyz
Republic, main tasks of the ministry with respect to family and children include:
-
formulation and implementation of the state social policy in the area of social security,
family and child support;
-
adjustment and implementation of main areas and priorities of the state social policy and
implementation of social development programs;
-
improvement of legislation in the area of social protection, social security, design of social
standards and minimum social standards within its mandate;
-
design and implementation of actions to improve living standards and incomes of people,
system of state benefits and compensatory payments;
-
reforming of social servicing and inspection of social services as well as supervision of
provision of services by non-governmental organizations.
To implement its tasks in the area of social development, support and servicing of people, including
children, the Ministry carries out the following functions:
-
with involvement of state authorities, develops proposals on main areas and priorities of
the state social policy in the area of social protection;
-
initiates and drafts legal acts on issues of social protection and their implementation
mechanisms;
-
develops and implements strategic measures on stabilization and improvement of
people’s living standards, poverty alleviation and adjustment of social policy in the
interests of the family and children;
-
implements the state policy in the area of support to low income families and children
jointly with state authorities and local self-governance bodies;
-
designs and implements actions on family and child support as well as improvement of
benefit system;
-
coordinates design and implementation of national programs on social support and
improvement of status of low income families and children;
-
organizes development of database of social passports of low income families and risk
group family and children monitoring system;
-
implements main areas of state social policy in the area of social servicing, including
children with disabilities, families and underage children;
-
jointly with local self-governance bodies, organizes creation and further development of a
network of state social services providing state guaranteed social services to the public;
14
-
introduces into practice modern forms and types of social services, including new
technologies of work with families and underage children in difficult life situation;
-
manages, coordinates and supervises activities of social service institutions;
-
implements a complex of actions on provision of various types of social assistance and
social services, including assignment and payment of state benefits;
-
supervises implementation of social support actions.
It is obvious from the above listed legal acts that the Ministry of Labor and Social Development is
another government agency responsible for family and children support in risk situations in
Kyrgyzstan.
Hence, at present there is duplication of functional responsibilities of two government agencies: Child
Protection Department and Ministry of Labor and Social Development in the following areas:
-
support of children in crisis situations, in risk groups, and in difficult life situations;
-
development and implementation of state policy in this area;
-
development of minimum standards for social services;
-
development of social services;
-
development of database and monitoring system of risk group children;
-
coordination and supervision of activities of social servicing institutions.
However, these two agencies have different target groups. The tasks and functions of the Child
Protection Department include support and protection of child rights and interests. The child is
considered outside his relationship with the family while his well-being depends directly on well-being
of the family. At the same time, in compliance with the above listed legal acts, the Ministry of Labor
and Social Development is a state agency which develops and implements policy in the area of
support to families and children in crisis situations, in risk groups and difficult life situations.
It should also be noted that in compliance with the UN Convention on Child Rights, the child right to
live in the family is one of his fundamental rights.
However, a meeting with a representative of the Ministry of Labor and Social Development of the
Kyrgyz Republic revealed some misunderstanding of functions and tasks of this state agency with
respect to child support. Due to creation of the Child Protection Department as a specialized state
agency in the area of child protection, representatives of the Ministry of Labor and Social Development
exclude children in risk situations from their target groups. Similar situation is at the district level where
family and child support is provided by Family and Child Support Departmentand Social Protection
Department And only at ayil okmotu level there is one specialist – an ayil okmotu leading specialist on
social protection – who addresses issues of identification, assessment and support to family and
children in crisis situation. Thus, at ayil okmotu level, issues of family and child support are addressed
by one specialist who works with two district subdivisions on one and the same case. There is
duplication of functions of state agencies in this area at district and central levels. Due to creation of
Child Protection Department, unclear definition and misunderstanding of its objectives, functions and
powers, the protection system of children in crisis situation became even more fragmented.
It should be noted that due to unclear distribution of functions of state agencies, a lack of clarity about
what agency is responsible for drafting of legislation on social services and their quality standards for
children and family currently there is no effective system of social services for children and families in
Kyrgyzstan. Issues of social services are regulated by the Laws of the Kyrgyz Republic on
Fundamentals of Social Services for the Public in the Kyrgyz Republic and on State Minimum Social
Standards; however, there is no secondary legislation (quality standards, regulations, norms for these
services etc.) regulating social services. Due to this, there are practically no family support services
and some family type services substituting families (foster and others). There are only 15 foster
families with 200 children in the country while over 20,000 children live in residential institutions 15.
Currently numerous non-governmental organizations operate in the country, which develop various
types of services, some of which are not based on local community needs, they rather meet project
objectives. Due to a lack of quality standards and an accreditation system the same type of service
may take various forms and depends mainly on models existing in the countries which finance these
services. Currently there is no quality control of services provided by non-governmental organizations
to children and families.
15
Information of Child Protection Department.
15
In compliance with the KR Children’s Code, an authorized state agency in the area of children’s health
is the Ministry of Health. Despite the Children’s Code provides that one of the tasks of the Ministry is
provision of equal opportunities to all children to exercise their right to medical assistance as
mentioned above, access to health care services of children from low income families and children in
crisis situation is not fully implemented.
At the same time, under the Ministry of Health there are 3 infant orphanages – residential institutions
for children under five years of age.
In compliance with the KR Children’s Code, an authorized state agency in the area of education is the
Ministry of Education and Science. The tasks of the Ministry include:
-
implementation of state policy on child protection at educational institutions irrespective of
their sectoral affiliation;
-
development of legislation of the Kyrgyz Republic regulating protection of rights, freedoms
and legitimate interests of the child in the area of education and science;
-
preparation and implementation of state targeted programs on protection of rights,
freedoms and legitimate interests of the child in the area of education and science;
-
implementation of activities to inform children of their rights and responsibilities.
At the same time, the Ministry of Education and Science is involved in issues of children’s adoption by
foreign citizens based on the Regulations on Rules of Transfer of Children Left without Parental
Custody for Adoption by Citizens of the Kyrgyz Republic as well as Foreign Citizens dated February
22, 2006, #121. National adoption is arranged at the local level by custody and guardianship
authorities and by the decision of the local state administration or city mayor’s office at the child’s
place of permanent residence according to the procedure established by the civil procedure legislation
of the Kyrgyz Republic. Adoption of children by foreign citizens is arranged upon decision of the court
based on opinion of the Ministry of Education and Science of the Kyrgyz Republic.
Therefore, this regulation contradicts norms of the Family Code of the Kyrgyz Republic and the
Children’s Code of the Kyrgyz Republic and needs to be brought in compliance with the above codes
that have a greater legal force.
Most of residential institutions of the country are under the Ministry of Education and Science. Number
of children in boarding schools grows every year. Access to education and health services is difficult
for children from low income families while there are practically no family support services. Therefore,
residential institutions become attractive and easily accessible for most of low income families.
Legislation of the Kyrgyz Republic and the existing school infrastructure, school education programs
and a lack of specialists do not enable development of inclusive education in the country.
5. Structure of Child Protection System in Kyrgyzstan
Structure of the child protection system in Kyrgyzstan was practically described in the section “Legal
Framework” as this structure complies with the legislation regulating child rights and legitimate
interests in the Kyrgyz Republic. The structure can be described as follows:
1. At the central level:
The Government of the Kyrgyz Republic with the following structures:
-
The Government Office, including Social Protection Department and Education Department
with Child Protection Sector;
-
Ministry of Labor and Social Development which interacts with Social Protection Department
of the Government Office;
-
Ministry of Health which interacts with Social Protection Department of the Government Office;
-
Ministry of Education and Science which interacts with Education Department of the
Government Office;
-
State Agency for Physical Culture and Sport, including Child Protection Department which
interacts with Child Protection Sector of the Education Department of the Government Office.
According to the status, Director of State Agency for Physical Culture and Sport is not a
member of the cabinet of ministers, and Child Protection Department, being subordinate to the
16
State Agency for Physical Culture and Sport, cannot make independent decisions, and it does
not have subdivisions and institutions subordinate to it.
2. At the oblast level, there are no separate structures responsible for child protection
3. At the district level:
-
District state administration/ city mayor’s office, including Family and Child Support
Department and Commission on Children’s Affairs (the commission is not a permanent
working body and carries out its activities on periodic basis). FCSD is a structural subdivision
of district state administration and reports to Akim as, according to the legislation, it does not
have superior or subordinate structures. It also has no right to make independent decisions,
any proposal must be coordinated with CCA and confirmed by the resolution of Akim which
significantly bureaucratizes and hinders work.
-
Social Protection Directorate subordinate to the Ministry of Labor and Social Development has
a network of social workers at the village level to support single older citizens, and also
addresses issues of targeted social assistance jointly with the leading specialist on social
protection of ayil okmotu office;
-
Education Directorate subordinate to the Ministry of Education and Science has institutions
providing education services – schools and pre-school institutions – in rural and urban areas;
-
Hospitals and Family Medicine Centers are institutions under the Ministry of Health which
have a network of medical institutions providing primary health care services at the level of
villages and cities.
4. At the level of ayil okmotu, there is a village council – ayil okmotu, which has a leading specialist
on social protection and there are institutions providing:
-
health care services and education services;
-
a network of social workers providing services to single senior citizens;
-
inadequate social services mainly provided by non-governmental organizations.
Hence, systems of health care, education and social protection have their own structures, institutions
and services both on horizontal and vertical levels. At the same time, newly established structures on
child protection: Child Protection Department at the central level and at the district level are not
interrelated, do not have staff at ayil okmotu level and do not have a network of social services for this
group of children and their families. These structures are not independent which hinders their
activities. This is due to a low status of CPD in the structure of central state authorities and a lack of
leverage on local authorities.
The above described structure of child protection in the areas of education, health care and social
protection can be illustrated in the following diagram:
17
Existing structure of child protection system
Government office
Department of Education
Department
of Social Development
MLSD
Child Protection Sector
MI
MH
ME
State agency on physical
culture, sport, youth
policy
and child protection
Child Protection
Department
Rayon Administration
municipal government
CCA
Family and Child Support
Department
Department of
Social Protection
Centers of Family
Medicine
Department of
Interior
Department of
Education
Village Administration
Specialists on social issues
Social Services
Medical Services
District militia
officer
Schools, pre-schools
It should be noted that socially vulnerable children and their families as well as orphan children and
children left without parental custody for some reason need social protection. For these groups of
children in Kyrgyzstan, it is necessary to develop social services preventing separation of the child
from his biological family – family support services and family type services substituting the family. All
the above listed services are social services. At the same time, socially vulnerable children and their
families need material support, one-off support from the state, and focused social benefits and
allowances.
As mentioned above, the Ministry of Labor and Social Development of Kyrgyzstan have the following
objectives:
-
implementation of major areas and priorities of the state social policy in the area of social
protection of the public;
-
increased standards of living;
-
development and implementation of actions on family and child support;
-
improvement of the benefit system and assignment and payment of state benefits;
-
support and improvement of the situation of low income families and children;
-
creation and further development of state social services network providing state guaranteed
social services to the public jointly with local self-governance bodies.
Thus, duplication of functions of the two state agencies indicates inexpediency of having newly
established state agencies in the area of social protection of family and children. It is necessary to
strengthen capacity of the Ministry of Labor and Social Development as well as district Social
Protection Directorates in the area of social protection of family and children. At the same time, it is
necessary to develop a network of family support social services and family substituting services for
children left without parental custody.
Creation of one single structure in this area at the vertical and horizontal levels is reasonable from
legal and financial perspectives.
This requires amendments to the existing legislation of the Kyrgyz Republic on special authorized
agencies in the area of protection of rights and legitimate interests of children in crisis situation. These
18
functions should be transferred to the Ministry of Labor and Social Development and its structural
subdivisions at the district level. At the same time, the Ministry of Labor and Social Development
should implement its task of design and implementation of actions on family and child support,
improvement of the benefit system and assignment and payment of state benefits, creation and further
development of state social services network providing social services to the public jointly with local
self-governance bodies.
6. Residential Child Protection System in Kyrgyzstan
Residential institutions in Kyrgyzstan are under three ministries:
-
Ministry of Education and Science;
-
Ministry of Health;
-
Ministry of Labor and Social Development.
Some newly established residential institutions are under local authorities while others, open nongovernmental organizations are independent in all respects, including admittance of children.
Majority of residential institutions, 26, are under the Ministry of Education and Science:
-
5 orphanages;
-
4 boarding schools for orphan children and children left without parental custody;
-
17 auxiliary and special boarding schools for children with special needs (mentally retarded,
hearing, sight and speech impaired).
Under the Ministry of Health there are 3 orphanages for children under 4: one institution for children
under 4 and two specialized orphanages for children with physical and mental disabilities under 4-5
years of age.
Under the Ministry of Labor and Social Development there are two orphanages for children with
numerous physical and mental disabilities from 4 to 18 years of age.
Most residential institutions are funded from the central government budget (35) while 9 institutions
are funded from the local budget.
According to the data provided to UNICEF, the total number of children in residential institutions grew
from 17,230 in 2004 to 20,750 in 2007. About 90% of children living in institutions have families. While
a single monthly benefit for children under 18 is 121.7 Som, benefit for children in the state custody –
200 Som, the state spends 4,007 Som per month on maintenance of one child in a boarding school.
In recent years, public organizations began providing services to children, many of them provide
residential services to children. Children are admitted to these institutions bypassing child welfare
authorities. In many cases quality of services provided to children in private institutions is
questionable.
In the country there is a vacuum in the area of provision of social services to support families as well
as family type social services substituting families such as foster.
6.1. Placing a Child in an Infant Orphanage
In compliance with the Standard Regulations on Infant Orphanages approved by the order of the
Ministry of Health of the Kyrgyz Republic dated June 1, 2004, #259:
1. Infant orphanages of general type take care of relatively healthy children from birth to 4 years
of age;
2. Special infant orphanages take care of children with mental and physical disabilities from birth
to 4-5 years of age.
Children are admitted in compliance with instructions for children’s admission to an infant orphanage.
An infant orphanage admits:
-
orphan children;
-
children of single mothers (fathers); children abandoned by parents; children whose parents
are deprived of parental rights or there is a court decision to take away their children;
19
-
children whose parents are recognized disabled according to an established procedure;
-
children whose parents are recognized missing by the court;
-
children in in-patient facilities whose treatment is over but their parents or persons substituting
them failed to take the child within 3 days (without valid reason);
-
children of one or two parents who cannot take care of them (due to poor health, long leave,
poor living conditions, service of term, and detention during investigation);
-
children with physical and mental disabilities irrespective of whether they have both parents, in
need of constant individual care due to impossibility of self-service;
-
children whose parents officially reject them (children of parents who agree on their adoption).
Children are admitted to the infant orphanage from maternity hospitals (healthy newborns on the day
of release from hospital and sick babies – in one month after birth from newborns’ pathology
departments), children’s hospitals, quarantine distributors and families. Children from families are
admitted based on the decision of FCSD’ custody and guardianship inspector of the child’s place of
residence. FCSD decision must be approved by CCA. Children stay at infant orphanages until they
are 4 years old. Children with mental and physical disabilities, hearing and speech impaired children
are admitted to special infant orphanages.
The following documents must be submitted for admission of children to infant orphanages:
-
a letter of one or both parents or persons substituting them requesting about temporary
accommodation of the child at the infant orphanage;
-
assignment letter of a relevant health agency (institution) (Ministry of Health, Bishkek Territorial
Directorate of MHIF, Oblast Unified Hospital);
-
the child’s birth certificate;
-
extract from newborn’s medical card, child development history or hospital sheet confirming
absence of infectious diseases in the child;
-
statement from parents’ (a parent’s) work place indicating the size of their salary;
-
statement from parents’ or persons’ substituting them place of education in case of temporary
placement of the child in the orphanage;
-
single mothers, in addition to the above, submit to the orphanage a personal social benefit
book where a note is made on admission of the child, at the same time (within 5 days)
information about admission of the child to the orphanage is sent to the social insurance
department of the place of residence;
-
documents confirming that the child does not have parents or they cannot take care of the child
(death certificate, court decision on deprivation of parental rights or taking away the child, court
verdict, agreement of parents for the child adoption; waiver of parental rights, statement of
leave or sickness of parents and other).
Abandoned children are admitted to the infant orphanage based on the police act with subsequent
registration at a health institution within 3 days or at the infant orphanage in the presence of a police
officer. At the infant orphanage abandoned child’s approximate age is identified, birth date is
established; first, second and last names are given and based on the above act of admission the child
is registered at the Civil Registry Office within 3 days.
In case the child was abandoned by parents at a hospital, hospital administration must draw a relevant
act affixed with a seal. Children abandoned at hospitals should be transferred to the infant orphanage
within 3 days after end of treatment. The infant orphanage must admit the child within 3 days with
subsequent registration of the assignment at health institutions.
Return of children to parents or persons substituting them is carried out in time indicated in the
agreement. Extension of the child’s stay at the orphanage is given by an official order of health
institutions (Ministry of Health, Oblast Unified Hospital, Bishkek Territorial Directorate of MHIF) based
on the new agreement.
To protect child rights, in case of unreasonable refusal of parents or persons substituting them to take
the child from the orphanage, at the end of the agreement term the orphanage has the right to bring a
lawsuit on deprivation of parental or custody rights.
20
When children reach 4 years of age they are transferred to general orphanages or orphanages of the
education system or to social security boarding houses if they have mental disabilities. Transfer is
made in accordance with recommendations of the medical-pedagogical commission. Information on
children to be transferred is sent to educational and social security authorities 6 months before the
transfer. When the child is transferred to an orphanage, the child’s legal and medical documents are
handed over: the child’s development history or medical card, including the decision of the district
state administration and information about parents or close relatives.
Based on the above, it can be concluded that in cases with infant children, a study at the level of
family and community is conducted only when the child is admitted to the institution from the family
upon their request, in other cases there is no analysis and decision making at the level of FCSD and
CCA. Thus, in most cases children are admitted to infant orphanages bypassing children welfare
authorities straight from health care institutions or from families.
Stages of Child Accommodation at Infant Orphanages
Maternity
Hospital
Documents confirming absence of parents
Children’s
Hospital
Letter requesting temporary accommodation
Statement from parents’ place of work or study
Agreement
Infant Orphanage
FCSD - CCA
Health Authority
(MH, Bishkek TD
MHIF, OUH)
Family
Abandoned in
the street
Police Act
It should be noted that all infant orphanages under the Ministry of Health started transforming and
develop alternative services for children and family. At all infant orphanages under the project funded
by Save the Children – Denmark, Family Resource Centers are set up to provide family support
services, including:
-
psychological counseling of mothers in risk situations to prevent abandonment of children (this
service is provided by specialists of Family Resource Centers at maternity hospitals and
children’s hospitals as well as at the infant orphanage;
-
social kindergarten for children reintegrated in the family as well as to prevent
institutionalization of children.
At Belovodsk Orphanage under the Ministry of Education and Science a Foster Family Center was set
up with the help of a national NGO “My Family”, as well as reintegration services, a 24 hour
kindergarten for children who are taken home at weekends. The latter is not very much different from
residential institutions but at least at weekends the child can be with the family while mothers have an
opportunity to work during the week.
It is important to note that models developed under projects were confirmed by legal acts:
-
Order of the Ministry of Health dated June 1, 2004, #259 “On organization of Treatment and
Prophylactic Activities and Medical - Social Services at Infant Orphanages”;
-
General Regulations on Family Resource Centers (FRC) approved by the Order of the
Ministry of Health dated June 1, 2004, #259;
-
Temporary Regulations on Belovodsk Orphanage – Foster Family Center (on organization of
family arrangements for children left without parental custody) approved by the KR
Government Resolution dated March 22, 2005, #142.
21
6.2. Placing a Child in Boarding Institutions
In accordance with the Standard Regulations on State Boarding General Educational Institutions for
Orphans and Children Left without Parental Custody approved by the Kyrgyz Government Resolution
dated December 21, 1995, #556, education, upbringing and maintenance of orphans and children left
without parental custody in boarding educational institutions is fully state supported.
Establishment, reorganization and liquidation of boarding general education institutions for orphans
and children left without parental custody is carried out by the Government of the Kyrgyz Republic
upon recommendation of oblast state administration and local self-governance bodies and upon
agreement with the Ministry of Education of the Kyrgyz Republic. These educational institutions,
according to the Regulations, should be set up in places with favorable environmental conditions.
State boarding institutions for orphans and children left without parental custody are under the Ministry
of Education of the Kyrgyz Republic, oblast, city and district education departments.
The number of children in boarding educational institutions for orphans is set by the Government but it
should not exceed:
-
200 children at boarding schools for orphans;
-
150 children in orphanages;
-
10-12 in family type orphanages.
In the Kyrgyz Republic there are the following types of state boarding institutions for orphans and
children left without parental custody:
-
preschool orphanage;
-
mixed orphanage (mixed for preschool and school age children and only for school age
children);
-
boarding school for orphans and children left without parental custody (mass and auxiliary);
-
family type orphanage.
Assignment of orphans and children left without parental custody to state educational institutions is
carried out by the Ministry of Education of the Kyrgyz Republic and state educational authorities of
oblasts and cities in the place of location of the boarding institution based on the decision of local selfgovernance bodies and state administrations in the place of residence of the underage child.
(KR Government Resolution #622 dated August 17, 2004)
The following children are eligible for admission to orphanages and boarding schools:
-
orphan children;
-
children taken away from parents by the court decision;
-
children left without parental custody, whose parents are incarcerated, deprived of parental
rights according to legal procedures, undergoing long treatment, recognized disabled, are on
the wanted list, their location is unknown etc.
Educational boarding institutions for orphans can also admit children of single mothers or fathers as
well as children from low income families with many children to provide temporary support to these
families by the decision of local self-governance bodies and local state administration.
State boarding educational institutions for orphans admits children between 3 and 17 years of age.
Children with physical and mental disabilities are placed in special educational institutions following
the established procedure.
To assign a child to an orphanage or a boarding school for orphans the following documents are
required:
a. the decision of the local self-governance body, state administration justifying the need to place
the child in an educational boarding institution for orphans on full state support;
b. birth certificate, if there is no birth certificate then a medical expert opinion certifying the child’s
age;
c.
statements with information about parents or persons substituting them (copies of parents’
death certificates, court verdict or decision, certificates of long sickness or search for parents,
22
other documents confirming that there are no parents or they cannot take care of their
children);
d. medical documents about the child’s health status, forms ##26, 63;
e. documents of education for school age children;
f.
act of examination of the child’s living conditions and care;
g. certificate of place of residence of brothers, sisters and other close relatives;
h. inventory of property left from parents with indication of where they are located and measures
for its preservation as well as persons responsible for its preservation;
i.
documents securing the housing with the child if any;
j.
pension book for children receiving pension; a copy of the court decision on recovery of
alimony payments in favor of the child; savings book.
When admitting children from families into educational orphanage institutions, in addition to the above
documents, the following are required: a letter from parents, statements about family composition,
from place of residence, from social security agencies. Documents listed in points c, h, i, and j are not
required.
Admission of children from infant orphanages of the health care system to orphanages is carried out
when the child is 3 years old. Transfer of children from preschool orphanages to school institutions is
carried out from June 1 to August 30.
Graduation of students from boarding general education institutions for orphans and children left
without parental custody is carried out based on the decision of the pedagogical council approved by
the state education authority under which the institution is.
Stages of placement of a child to residential institution
FCSD
CCA
Head of
Rayon/village
administration
Family
support
Guardianship/
trusteeship
Adoption
Ail okmotu
MoE
Child without
parental care
Family
Family type
home
Residential
Institution
6.3. Accommodating Children with Special Needs
In compliance with the Standard Regulations on Special Educational Institutions for Children and
Juvenile with Mental and Physical Disabilities approved by the Kyrgyz Republic Government
23
Resolution dated December 21, 1995, #555,1. education, care and correction of children and juvenile
with physical and mental disabilities is carried out in state funded special educational institutions.
Special educational institutions are open, reorganized and closed according to the procedure
established by the Kyrgyz Government upon recommendation of oblast state administrations and local
self-governance bodies of the city upon agreement with the Minister of Education of the Kyrgyz
Republic.
Each type of a special educational institution is governed by its individual regulations approved by the
Ministry of Education of the Kyrgyz Republic upon agreement with the Ministry of Health of the Kyrgyz
Republic.
Quota for students of special educational institutions for children with disabilities is established by the
Central Government, oblast state administrations, local self-governance bodies with the requirement
to meet sanitary and hygiene norms. Special educational institutions:
-
for hearing, sight and speech impaired children – up to 280 students;
-
for children with mental disabilities – up to 240 students;
-
for children with locomotor apparatus disorders and mentally retarded orphan children – up to
160 students.
Admission of students to special educational institutions for children with physical and mental
disabilities is based on vouchers of the Ministry of Education of the Kyrgyz Republic and local state
education authorities under which the educational institution is, based on opinion of psychologicalmedical-pedagogical consultations taking into account opinions of parents or persons substituting
them.
Assignment of children and juvenile to special educational institutions is conducted in strict compliance
with the Instruction for admission of children to this type of special boarding school approved by the
Ministry of Education of the Kyrgyz Republic upon agreement with the Ministry of Health of the Kyrgyz
Republic.
The decision on transfer of students to a mass school (as disabilities get corrected) or transfer to other
types of special general education institutions (as diagnosis gets updated and change) is made by the
school council in the first year at the educational institution based on opinion of the psychologicalmedical-pedagogical consultation.
Transfer of students from one department to another within the school is based on the decision of the
pedagogical council of the special general education institution.
Students of special general education boarding schools are on partial or full state support, they are
provided with free food, partially with clothing and footwear, soft and hard inventory, and treatment.
Stages of placement of children to the special
residential institutions
School
PMPC
MoE/ rayon
Department of
Education
Special educational
residential institution
Family
According to the above information, in Kyrgyzstan, children are admitted to residential institutions in
compliance with regulations of the ministry under which the institution is. The procedure for admission
of children to residential institutions depends on the child’s age and problems. If the child is young he
is admitted to the Ministry of Health institution, older children are admitted to an institution of the
24
Ministry of Education or the Ministry of Labor and Social Development. The type of institution where
children older than 3-4 years of age are admitted depends on the child’s problems:
-
social – an orphan child, a half-orphan or from a low-income dysfunctional family;
-
learning problems – a child with special needs (with physical or mental disability);
-
health problems – a child with disability.
At the same time, there are no common principles of case management, uniform rules of children’s
admission to residential institutions are not observed.
7. Institutionalization Prevention Models Developed under Projects
7.1. Models Developed with UNICEF Support
With UNICEF support under a pilot project in 2 districts of the country a new model of child protection
system structure was developed as well as models of case management of children and families in
risk situations were developed and introduced, including prevention mechanisms for children’s
institutionalization, development of services to support families and family substitutes. These services
were developed by Save the Children, Denmark. The developed model looked as following:
-
At the level of ayil okmotu, 18 social workers were trained and hired to work under the
Department for Family and Child Support in villages close to families and the community;
-
In each village, a commission on social issues of family and children was set up. The
commission included the ayil okmotu executive secretary, the social worker, the school
director, the family doctor, the village police officer, community members (quarter head in
urban areas, and village head in rural areas). Members of the commission reviewed each
case of a child in a risk situation, identified the child and family problems, as well as helped
solve them. An individual plan was developed for each case, and as a rule, the social worker
was appointed the case manager.
-
Cases of orphan children and children left without parental custody were sent to the district
level FCSD for decision making. In some cases possibility of placing the child in custody of an
extended family was identified. Documents of custodians were also prepared at the ayil
okmotu level and sent to the district level together with the child’s documents;
-
At the district level, a department for family and child support (FCSD) was set up as an
independent structure subordinate to Akim at the district state administration. The department
comprised of 5 specialists, including 1 head of department; 1 specialist responsible for
custody and guardianship; 1 specialist on monitoring and children’s database; 1 specialist on
support of families with children in risk situations; 1 secretary. The Department staff was
provided with money to pay for transport costs.
-
Also, at the district level, commissions on children’s affairs (CCA) were set up at district
administrations. Deputy Akim on Social Issues was the CCA Chairman, while commission
members were heads of departments and services of education, healthcare, police,
employment, Civil Registry Office and NGOs. The Commission on Children’s Affairs was not a
permanently working agency and worked on periodic basis. Tasks of the Commission on
Children’s Affairs included approval of FCSD decisions concerning further fate of the child
(leaving in the family, transfer to a foster family, placement in an open or closed institution);
-
After reviewing cases on temporary placement of children in rehabilitation, patronage and
crisis centers FCSD handed over the cases to CCA. And CCA made a final decision on the
form of child protection.
Schematically, children’s case management under a pilot project can be illustrated as following:
25
Examination of
FCSD’s
proposals and
making
,
decisions
FCSD
CCA
Akim’s
decision
Case study, identification
of needed types of child
protection, proposal to
CCA
PMPC
Family support
Case study by the
Commission in aiyl
okmotu
Case study, identification
of needed types of family
protection, individual plans
Social worker in
aiyl okmotu
Examination of
family needs and
support
Child from
vulnerable
family
Guardianship/
trusteeship
MoE / Rayon
Department of
Education
Foster family
Examination and identification
of possibilities of child
protection in extended family
Child without
parental care
Child with
special needs
Adoption
Special
residential
institution
Residential
institution
7.2. Models Developed with Every Child Support
Almost the same model was developed with Every Child support, the only difference was that the
Department for Family and Child Support was part of the Child Protection Directorate of the district.
7.2. Models Developed with Support of “My Family” Non-Governmental Organization
This organization worked mostly at the level of residential institutions with the purpose of transforming
them.
8. Conclusions
8.1. Conclusions on accessibility of the education and healthcare systems:
1. The number of preschool educational institutions reduced, in 2005 12.5% of children were covered
by preschool education, for children in rural areas the coverage is much lower, compared to
children in urban areas.
2. Preschool education is officially paid for by parents and it amounts to 800 Som per child – this
decreased access of children from low income families to these services.
3. Lack of preschool education decreases the level of preparedness to school of children from low
income families.
4. Many children, not prepared to school, at the end of the first year at elementary school, are
directed to psychological-medical-pedagogical commission and later sent to auxiliary institutions.
5. Low income families face a problem of providing children with school uniform and school supplies.
6. At schools families are expected to make payments, so called “voluntary contributions” to the
school fund, for school refurbishment, class fund etc. This is a problem for low income families,
especially for families with many children.
7. Although officially school education is free and universally accessible, access to education for
children from low income families is difficult and often this problem is solved by placing the child in
a boarding school.
8. Legislation of the Kyrgyz Republic as well as existing school infrastructure, complex and
undifferentiated school program and availability of teachers do not allow development of inclusive
education in the country.
26
9. The cost and remoteness of health care institutions from some settlements is a serious obstacle to
access health care services, especially for rural population.
10. The state guarantee program officially provides access to free health care services to some
groups of people, in practice the public, including children from low income families and disabled
children pay for health care services.
8.2. Conclusions on the child protection system
1. Residential institutions and institutionalization of children remain the main form of protection of
children left without parental custody as well as children from low income families.
2. The major part of the state child protection budget is spent on the costly sector of residential
institutions.
3. Children’s access to residential institutions is easy, and once the child is admitted to a residential
institution, opportunities for his reintegration into the family are very low.
4. There is no procedure for case management with respect to the child and his family in a crisis
situation.
5. Sizes of social benefits and social allowances are small and their impact on improvement of
beneficiaries’ living standards is insufficient.
6. Family support services are underdeveloped in the country while there are practically no social
services substituting care for children in a family environment.
7. There is no secondary legislation (quality standards, regulations, norms for services etc.)
regulating social services.
8. New types of social services are mainly developed by non-governmental organizations,
sporadically and not based on the family and child needs.
9. Due to a lack of quality standards and accreditation system, the same type of services acquires
various forms and depends mainly on models existing in the countries funding their development.
10. A lack of funds and legal framework do not allow the state to introduce new alternative forms of
social services for family and children developed under various pilot projects.
8.3. Why does the child protection system need changes?
a. To ensure coordination (both vertically and horizontally)
b. To strengthen capacity of the system to implement child protection (both at the central
and local levels)
c.
To take into account interests and needs of various vulnerable target groups
(participatory principle)
d. To ensure development of a set of targeted social services at the local level.
Everyone interviewed for the study agreed that changes are necessary for the following reasons:
1. In Kyrgyzstan, there is a fragmented child protection system, which includes several state
structures at the central and local levels responsible for child protection.
2. Development of new state structures in the area of child protection with unclear functions in this
area in addition to existing authorities responsible for child protection resulted in a more
fragmented child protection system in Kyrgyzstan, than it was before.
3. In the country there are practically two parallel systems: newly established Child Protection
Department without local capacity (in oblasts, rayons and rural areas) and all the existing central
agencies (ministries) with relevant structures, institutions and network of services at the local level.
4. Existing legislation regulating the rights and legitimate interests of children does not clearly
distribute and differentiate responsibilities of various state agencies in this area, both horizontally
and vertically.
5. The Child Protection Department cannot effectively implement all its functions due to its low status
in the structure of central state authorities and a lack of necessary leverage on local authorities.
6. The legislation does not provide a clear mechanism of coordination and interaction between
central and local state authorities in the area of child protection. In compliance with the legislation,
27
FCSD are not functionally subordinate to CPD, they are a structural subdivision of the district state
administration or city mayor’s office. Thus, CPD does not have structural subdivisions at the
district level.
7. The Child Protection Department duplicates the following functions of the Ministry of Labor and
Social Development:
-
support of children in crisis situations, in risk groups, and in difficult life situations;
-
development and implementation of state policy in this area;
-
development of minimum standards for social services;
-
development of social services;
-
development of database and monitoring system of risk group children;
-
coordination and supervision of activities of social servicing institutions.
8.
Tasks of the Child Protection Department include support and protection of rights and interests of
the child not related to the family. The Ministry of Labor and Social Development develops and
implements the policy in the area of family and child support.
9.
Due to unclear distribution of functions of state agencies, a lack of clarity as to which agency is
responsible for development of legal framework for social services and quality of standards for
services for children and families, currently there is no effective system of social services for
children and families.
10. At the district level, there is also duplication of functions of state agencies in the area of child
protection between the Department for Family and Child Support and Social Protection
Department
11. FCSD is not an independent legal entity; it does not make decisions and does not have
subdivisions at the ayil okmotu levels. Due to limited human resources and a lack of transport it is
practically not able to implement its functional duties laid upon it by the legal acts.
12. The Commission on Children’s Affairs is not a permanently working agency and operates on a
periodic basis. The Commission on Children’s Affairs is entrusted with a great number of general
tasks, implementation of which is problematic due to a lack of permanent operating staff.
13. At the ayil okmoty level, issues of identification, assessment and provision of support to families
and children in crisis situations are addressed by one specialist – a leading specialist on social
protection.
14. The ayil okmotu leading specialist on social protection works with two district agencies with
respect to the same case of the child and his family.
15. One leading specialist on social protection at the ayil okmoty level cannot effectively carry out all
his functions given the total number of population, the size of ayil okmoty territory as well as tasks
laid upon him.
8.4. Strategic criteria of effective system
Evidential studies and analysis of international experience in the region identified the following criteria
and the key strategic requirements to the child protection system when comparing alternatives:
a) Main purpose:

The main purpose must be provision of a wide range of quality services to the most vulnerable
families and children.
b) Cohesion and coherence characterized by the following:

Social services to children and families and social payments (social benefits and allowances)
as well as material support to families must be combined to ensure comprehensive targeted
social assistance to children and families in need of it, and more effective and controlled use
of various databases.

A single child and family protection system, including formulation of policy in this area with a
clear scheme of accountability and distribution of responsibilities from local to central level.
28

A mechanism of coordination of child issues (including issues of child rights to social
protection, education, healthcare etc.) must work at the level above the ministry since one
Ministry cannot coordinate and control another ministry.

The structure must be established by the legislation in the area of child protection (at the
central, district and local levels) for effective implementation of the policy and functions laid
upon the agencies.
c) Emphasis on development of quality social services characterized by the following:

Strengthening and development of family and child support social services at the community
level.

There must be mechanisms for prevention of institutionalization of children (placing children in
state boarding institutions for a long period) as well as mechanisms for taking children out of
institutions (deinstitutionalization) and their reintegration into the family.

There must be generally accepted tools (methods) for assessment of the situation of the child
and his family, identification of problems in the family and development of individual work
plans with families and children (case management method) who need social protection and
support.

Development of the network of social workers and social services at the community level
easily accessible to families and children.
d) Effective use of resources characterized by the following:

To ensure effective operation of the system, main financial resources already limited in the
area of social development must be spent on development of social services at the local level
rather than development of additional administrative and institutional structures.

The child protection system must be strengthened and integrated into the existing public social
protection system, which would enable more effective use of the existing resources of social
protection system and facilitate coordination and consistency in provision of social support to
the public, including children of risk groups and their families.

The system should not develop duplicating mechanisms and functions between various state
agencies.
9. Recommendations
Based on the analysis and discussions with the country’s experts and the international experience in
the area of child protection system reforms, the following recommendations are developed for
consideration by the Government of the Kyrgyz Republic and the Jogorku Kenesh.
9.1. Main functions of an effective child protection system
Main functions of an effective child protection system must include the following:

Development of national programs and strategies for child protection at the national level and
their implementation at the local level

Introduction and provision of social services and targeted distribution of social benefits and
allowances to vulnerable families and children

Methodological and strategic management and supervision of the sub-system
Main objectives of an effective child protection system include the following:

Identification of children of risk groups, responding to cases of neglect, violence and abuse of
children.

Assessment of situation of children and families in crisis situation, assessment of needs of
children and families (biological and\or extended), assessment of the family’s need in social
support.

Selection and provision of necessary family support social services to prevent separation of
the child from his family.
29

Provision of necessary alternative care and environment substituting family environment for
children who cannot stay at home with biological parents.

Case management and monitoring of children who receive social services.
9.2. Restructuring and strengthening of the child protection system
At the central level:
 Resume activities of the National Commission on Child Rights which would provide
intersectoral coordination of issues related to children and protection of their rights.
 Strengthen the status of the Child Protection Sector of the Government Office currently under
the Department of Education, Culture and Sport, by establishing it as a separate Child Rights
Department and entrusting it with functions of policy promotion in the area of child protection
and protection of child rights to social protection, education, healthcare etc. Child Rights
Department will carry out functions of a working unit of the National Commission on Child
Rights.

Transfer child protection functions from the State Agency for Physical Culture, Sport, Youth
and Child Protection to the Ministry of Labor and Social Development through creation of a
subdivision of the Ministry of Labor and Social Development – Department (directorate/ unit)
for Family and Child Social Protection.
At the district level:

Transfer child protection functions to District Social Protection Directorates by moving the
subdivision of the District State Administration – Family and Child Support Department– to
Social Protection Department

Create a range of social services at the district level for children and families in need of social
protection appropriate for their needs.
At the ayil okmotu level:

Expand functions of social protection specialists by adding functions of child protection and
social escort of families in difficult life situations.

Increase the number of social protection specialists to match the population of ayil okmotu (1
specialist per 1,200 people) given the expanded responsibilities of the specialists and
remoteness of settlements.

Create a range of community based social services for children and families in need of social
protection appropriate for their needs.

Introduce a method of case management, social work and counseling of vulnerable families
and children.
Schematic illustration of the recommended child protection system is shown in the figure below.
30
Suggested Restructured System of Child Protection
National Commission on Child Rights (NCCR)
Government Office
Department on child rights (Secretariat for NCCR)
Ministry of Labor and
Social Development
Other departments
Ministry of
Internal
Affairs
Ministry of
Health
Ministry of
Education
and Science
Child Protection Department
Commissions on
Children’s Affairs
Rayon State Administrations/
Mayors Offices
Secretary of CCA
Rayon/City Departments of
Social Protection
Family Medicine
Centers
Rayon
Departments
of Internal Affairs
Rayon
Departments
of Education
Family and Child
Support Departments
Aiyl Okmotu
Specialists on social
protection (1:1200)
Social Services
Budget support
Primary Healthcare
Services
District police
offices
Management, supervision and
monitoring
Schools and
preschools
Reporting on protection of child
rights
9.3. Detailed Functions of the Revised Child Protection System
Child protection system
structure
National Commission on
Child Rights (members:
ministries and agencies,
parliament, civil society,
courts, international
organizations involved in
children’s issues)
Government Office with
Child Rights Department
Current functions on child
protection
Central level
- Supervise implementation of the
National Program “New
Generation”
- Develop national policy,
programs, strategies and action
plans in the area of child rights
Proposed functions on child protection
- Determine national policy, strategies,
action plans in the area of child protection
- Determine state agencies responsible for
implementation of national programs and
strategies in the area of child protection
- Supervise implementation of national
programs, strategies and action plans
- Recommendations on national policy,
programs, strategies and action plans in the
area of child rights
- Analysis and assessment of national
priorities for children, providing exercise of
rights and legitimate interests of children
- Methodological support to ministries and
agencies involved in children’s issues for
development of sectoral strategies and
legislation
- Coordination and monitoring of progress in
implementation of the national policy to
meet international commitments of the
31
Ministry of Labor and
Social Development with
a subdivision
responsible for social
protection of children
(Child Protection
Department)
- support of children in crisis
situations, in risk groups, and in
difficult life situations;
- development and implementation
of state policy in the area of social
protection;
development
of
minimum
standards for social services;
- development of social services;
- development of database and
monitoring system of risk group
children;
- coordination and supervision of
activities
of
social
servicing
institutions.
country in the area of child rights
- Preparation of documents for review and
approval by the National Commission on
Child Rights (functions of the Commission’s
working body)
- support of children in crisis situations, in
risk groups, and in difficult life situations
- formulation and implementation of state
policy in the area of social protection
- development of minimum standards for
social services;
- development of social services;
- development of database and monitoring
system of risk group children;
- coordination and supervision of activities
of social servicing institutions.
Additional functions:
- formulation of policy in the area of support
to families and children in risk situations
and development of mechanisms of its
implementation jointly with National Agency
for Local Self-Governance
- development of the primary and
secondary legislation on child protection,
including legal framework for types of
protection and family type social services
substituting family such as custody and
guardianship, foster care and adoption as
well as legal framework regulating provision
of social services to children and families in
need of social protection, guided by the
“gatekeeping” approach16
- evaluation and monitoring of
implementation of programs and strategies
for child protection and legal acts
- development of a single information
system on children, beneficiaries of the
social protection system (database
management)
- accreditation of organizations providing
social services to children as well as
organizations arranging international
adoption
- capacity strengthening of local ministry
subdivisions responsible for implementation
of ministry programs (can be implemented
by independent institutions on training,
retraining and qualification upgrade of local
personnel
Ministry of Education
and Science (with respect
to child protection
functions)
- residential institutions for children
left without parental custody and
children with light mental disabilities
and other development problems
- implementation of policy in the
area of child care at educational
New functions:
- development of preschool education,
ensuring access to these services for
children from low income families
- ensuring access to school education for
children from low income families by
The concept of “gatekeeping” identifies measures taken by state agencies to prevent separation of children
from families and placing the child in a residential institution
16
32
District level
Secretary of
Commission on
Children’s Affairs(CCA)
Commission on
Children’s Affairs(CCA)
residential institutions
- addressing issues of national and
international adoption (Regulations
dated February 22, 2006, #121)
- psychological-medicalpedagogical commissions
assessing children with disabilities
and assigning children to residential
institutions under the Ministry of
Education and Science and the
Ministry of Labor and Social
Development
providing adequate food and assisting the
children in doing homework in the
elementary school
- development of inclusive education at
general education institutions for children
with special needs
- study of all residential institutions and
development of a master plan for
transformation of these institutions. These
institutions currently employ majority of
human resources and spend most of
financial resources. Residential institutions
can develop alternative services, using the
principle “money follows the customer”.
Depending on the contingent of children
residential institutions can develop such
services as day care centers, foster
services, mother centers, services for
children with disabilities and special needs,
family support services. Following the study
of children’s situation in residential
institutions quantitative objectives can be
set for each institution.
- implementation of policy in the area of
child care at educational residential
institutions
- development of new work methods for
Psychological-medical-pedagogical
commissions assessing children with
disabilities and special needs guided by the
approach of “gatekeeping” and inclusive
education
Staff position is not established
anywhere
Preparation of documents for review and
approval of CCA
- approval of decisions made by the
Family
and
Child
Support
Departmentdetermining a child’s
fate (leave in the family, transfer to
a foster family, send to an open or
closed institution);
- coordination and monitoring of
implementation of the national policy,
programs, strategies and action plans in the
area of child rights at the district level
- analysis and assessment of priorities for
children, providing exercise of rights and
legitimate interests of children at the district
level
- approval of FCSD decisions concerning
further fate of an orphan child and children
left without parental custody
- approval of FCSD decisions concerning
choice of child protection form: family type
(foster care, foster families, adoption) or
residential type
- confirmation of decisions made by
the Family and Child Support
Departmenton the choice of a foster
family;
- supervision of activities of the
Department of Family and Child
Support;
- ensuring return of the child from
the open or closed institution in
case the child was wrongfully put
there;
- review of applications and
complaints on actions of employees
of the Family and Child Support
Departmentas well as on quality of
services provided to children or
violations of child rights.
District Social Protection
- implementation of policy in the
- implementation of policy in the area of
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Directorate with a child
protection subdivision
(Department of Family
and Child Support)
area of social protection
- provision of social benefits and
allowances
social protection
- provision of social benefits and allowances
Additional functions:
- implementation and monitoring of policies,
programs and strategies as well as
implementation of legislation in the area of
child protection
- district needs assessment for introduction
and development of relevant social services
- planning and development of a network of
social services for children and families in
risk situations as well as children in crisis
situations
- support to local self-governance bodies in
development of social services for children
and families to meet their needs
- supervision, management and monitoring
of social services
- development and management of
information system on child protection
(database)
- jointly with local self-governance bodies
organization of bids to develop social
services (under social order programs)
- management of database of adoptive and
foster families
- identification and assessment of children
and families in need of social protection
(case management method focusing on
children risking separation from families,
children with disabilities, children-victims of
violence or abuse, children deprived of
parental care, street children and children in
conflict with the law)
- provision of social support (payments and
services) to children and families in risk
situations to prevent separation of the child
from the family
- selection of the most appropriate form of
protection of orphan children and children
left without parental custody: family type
(foster care, foster families and adoption) or
residential type
- reintegration of children living in residential
institutions
- guided by “gatekeeping” approach,
assignment and placement of children in
residential institutions must carried out only
as the last resort
- prevention of juvenile delinquency
- giving a full name to the child whose
parents are unknown
- representation of child’s interests and
protection of his rights in courts,
investigation authorities and prosecutor’s
office
- protection of housing rights of children
living in residential institutions
Local level
34
Specialist on social
issues (social protection
of people) in ayil okmotu
(Currently, there is only
one specialist in each ayil
okmotu. It is
recommended to increase
the number of specialists
to match the population
size (1 per 1,200 people)
- collection and analysis of
information for social passports
(distribution of social benefits and
allowances)
- registration of people with
disabilities to assign disability
allowance
Social services
 Supervised by Family
and Child Support
Departmentat District
Social Protection
Directorate
 Funded by local selfgovernance bodies
 May operate at district or
ayil okmotu level
 Number and type of
social services is
determined by the local
needs
- collection and analysis of information for
social passports (distribution of social
benefits and allowances)
- registration of people with disabilities to
assign disability allowance
Additional functions:
- identification and assessment of children
and families in need of social protection
(case management method focusing on
children risking separation from families,
children with disabilities, children-victims of
violence or abuse, children deprived of
parental care, street children and children in
conflict with the law)
- planning and development of services on
family and child support, according to ayil
okmotu need with support from District
Social Protection Directorate
- social work, counseling and support to
children and family in need of social
protection and assistance
- ensuring access to social, education and
health care services for children in risk
situations
- development of database on children and
families in risk situations
Examples of services:
1. Family Support:
- Counseling centers for social,
psychological and legal support of families
- Day care centers for children from low
income socially vulnerable families and
children with disabilities
- Rehabilitation and correction centers for
children with disabilities
- Services at home for children with
disabilities and their families
- Rehabilitation and adaptation centers for
children-victims of violence
- Mother centers (Mother and Child Home)
2. Family substituting services:
2.1 Family type:
- foster services
- foster families
- custody and guardianship
- adoption
2.2 Residential type:
- family type homes
- crisis centers
- rehabilitation and adaptation centers for
children in conflict with the law, street
children
- shelters for street and homeless children
etc.
9.4. Recommendations for deinstitutionalization of children
Given that changing legislation is a long process structural changes of the child protection system can
also be long, already on the basis of existing legal acts and state structures in this area,
deinstitutionalization of children may be undertaken. With this purpose it is necessary:
1. At the level of legislation:
35

in the secondary legislation, to clearly distribute functions of various state structures in order to
avoid duplication of some functions; as well as to carry out those functions that have not been
carried out such as development of alternative social services for children and families.
2. At the level of state structures:

Strengthen a network of specialists on social protection of children at the community level –
ayil okmotu

Make one state structure responsible for all social problems of children: orphan children and
children left without parental custody; children from families in risk situations, poor or
dysfunctional families; children with special needs and disabilities; children in conflict with the
law and victims of various forms of violence. This structure shall be also responsible for
planning and development of social services for this category of children.
3. District level structures responsible for child protection:
Prevention of institutionalization of children and increased reintegration speed depends on state
structures responsible for child protection, therefore district level structures responsible for child
protection must have goals and objectives on deinstitutionalization, such as:

reduction of number of orphan children and children left without parental custody admitted to
residential institutions;

reduction of institutionalization of children with disabilities and with special needs;

development of family support services and family substituting services of family type based
on needs (determine the number for each type of service).
These goals must be measurable (number and time of implementation) depending on the situation
and capacity of the district, at the same time they must gradually increase.
4. At the level of residential institutions
Residential institutions play an important role in the process of reforming the child protection system:
process of deinstitutionalization of children must go on parallel to development of new state structures
responsible for social protection of children. Residential institutions currently employ most of human
resources and spend most of financial resources. Residential institutions can develop alternative
services using the principle “money follows the client”. Depending on the type of the institution and
contingent of children, residential institutions can develop various services, such as day care centers,
foster services, mother centers, services for children with disabilities and with special needs, family
support services. Upon the study of children’s situation in residential institutions, a transformation plan
can be developed as well as qualitative objectives can be set for boarding institutions, such as:

reintegrate X number of children;

ensure access to day care centers and provide family support services to X number of
children;

develop foster services and custody for X number of children with additional family support;

develop X number of social apartments for X number of children etc.
In the first years, these qualitative objectives may be lower, then grow subsequently. To achieve these
objectives it is necessary to study all elements of residential institutions, including children, personnel,
infrastructure, services they provide and finances. Based on the obtained data it is necessary to
develop and implement a general plan of transformation of residential institutions.
36