This bulletin considers the situation of children with disabilities in Ukraine, who at the time of the onset of the armed conflict were living in institutional care. DRI investigations have revealed that despite abundant inter- national assistance, the government of Ukraine and international relief agencies have failed to ensure the safety and protect the lives of these children within institutions – or to ensure their safe return to families in the community.

Conflicting interpretations of the Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD) send mixed messages on the safety and legitimacy of residential care, resulting in the replacement of large institutions with smaller ones often called ‘residential care’ or ‘group homes.’ This article demonstrates how the family inclusion mandate of General Comment No. 5 is rooted in the ‘human rights model of disability,’ fundamental to equal protection under the CRPD for all children with actual or perceived disabilities. The article proposes solutions to ensure full implementation of both the CRC and CRPD.

Submitted to UN Committee on the Rights of Child
Day of General Discussion on Alternative Care
September 2021