Constitutional guarantees of the child's right to a family in conditions of martial law

Abstract

The right of a child to a family is a fundamental element of the system of human rights protection, recognized both at the international level and in the national legislation of Ukraine. The family acts as a natural environment for the comprehensive development of the child, ensuring his physical, emotional and social well-being. According to the UN Convention on the Rights of the Child, every child has the right to be raised in a family environment that promotes his harmonious development.

In Ukraine, this right is enshrined in the Constitution, the Family Code and the Law “On the Protection of Childhood”. However, in practice there are numerous challenges to the implementation of this right, in particular in cases of social orphanhood, domestic violence and insufficient efficiency of the guardianship system. These problems require a comprehensive approach to their solution, including improving legislation, developing social services and raising public awareness.

The topic becomes particularly relevant in wartime, when a significant part of children lose their parents or are forced to live in dangerous conditions. The issues of preserving or restoring family ties, ensuring family forms of upbringing and preventing secondary orphanhood are key to the humanitarian policy of the state.