Executive Summary

(Section 1 – Bibliographical Information)

Title: A National Research Study "The Problems of Child Protection and Care in Kyrgyzstan" within Child Enrichment Programme

Author: Virdee, G.; Zimmerman, R.;

Institutions: Creative Management Association, SGA CMA Research and Consulting Group

(for data processing only)

Date: 2002

Region: CEE/CIS

Country: Kyrgyzstan

Type: Study

Theme:

Partners: UNICEF in collaboration with Prime- Minister Office, President's Administration, Ministries of Health, Education, Labour and Social Protection, Interior Affairs, UNDP, NGOs

PIDB: 2000 Advocacy

Sequence

Number: 2002/07

Follow Up: Research findings and conclusions guided pilot projects' development on de-institutionalization and family support services within NPA on realization of children's rights

Languages: English and Russian

(Section 2 – Summary)

Background:

The transition period has been particularly difficult on the way it has impacted on society, both socially and economically. The repercussions are felt in many ways, such as the increase of child abandonment, institutionalization of children, increase of street and working children, inadequate access to education, unemployment, low income and poor health. The national research study was initiated to assess impact, analyze causes and patterns and find the ways to address emerging phenomenon. Study was done within Child Enrichment Programme, Children in Need of Special Protection Measures Project, Alternative Approaches to Institutional Care Sub-project in cooperation with the Government including ministries of education, health, labour and social protection, interior affairs, in interaction with UN agencies i.e. UNDP projects and NGOs, with active participation of staff of institutions, families and children.

Purpose/Objectives:

The aim of the research has been to open a new door of understanding on the situation of children and families in the country, to clarify the scope of the policies and actions needed to improve child protection and care.

Objectives:

¨  To improve programming in the areas of policy, provision and practice for children’s rights, care and protection.

¨  To assess and analyze child care and protection system through the child’s rights lens using the UN CRC.

¨  To understand, explore, assess and analyse welfare provision and how the range of state and non-government interventions that are in place is organized to promote and protect rights of children.

¨  To investigate the processes and systems in the management of child protection and care work.

¨  To provide baseline statistics and analysis that are user friendly for future work in the area of child protection and care.

Methodology: Nation-wide research used both qualitative and quantitative methods. Eight quantitative questionnaires, separate “stock-and-flow” forms for desegregated data and random sampling framework were the main instrument for quantitative data collection. At total of 102 interviews participated in the nationwide field work and covered 51 institutions, 25 inspection units and 25 guardianship departments. Highly qualified experienced moderators out of teachers, psychologists, pediatricians and tutors with experience of communicating with children and old aged people were selected to conduct focus group discussions and in-depth interviews, main qualitative methods employed. At total of 28 moderators and assistants were selected to conduct 46 focus groups on 9 topics.

Key findings and Conclusions:

Laws and policies do not yet comply with the CRC, which was ratified by Kyrgyzstan in 1994. Legislation and policy are characterized by systems of sanctions and corrective measures applied against children and families. The system is inadequate for the identification of cases of child abuse and of at-risk children generally. This and the inefficiency of the judicial system have led to reliance on the delivery of children without parental consent to correctional establishments or institutional care.

There is no nationwide institutional register which means that it was next to impossible to be sure all institutions, especially those managed by regional or district entities, were surveyed. The system is fragmented. There is no interministerial coordination at any level, so that the channels of decision making are rather vague. Once a child has been admitted, there is no organized follow-up or review mechanism. The system for the protection and care of children in Kyrgyzstan does not reflect preventive care and family-support services. In practice, the placement of children in institutions is used as a principal means of addressing family problems such as unemployment, single parenthood and child illness or disability, as well as orphanhood and the difficulties of children left without parental care.

The research demonstrates that adoption and guardianship have not been sufficiently developed as alternatives to institutional care in Kyrgyzstan. The number of adoptions is high. However, the statistics are contradictory, and the desire for secrecy among families is an additional barrier to transparency. Case files include few or no records on biological parents unless the arrangements have been intrafamily. The procedures in place are not transparent and are not implemented with adequate consideration for the needs of children.

Recommendations:

Legislation: There should be a feedback mechanism for civil society in the drafting of policy and practical measures. There should be more emphasis on appropriate initiatives for the provision of alternative care, family support and integrated services. Legislation should be drafted on sexual exploitation and intrafamily abuse. Develop regulations and mechanisms to guarantee the protection of children from exploitation. National policies and legislation should be revised to ensure that children up to pre-school age are not placed in institutional care. The Government should encourage foster care as an alternative to institutionalization. The regulations on guardianship should be revised to include the provision of foster care, including for disabled children. The legislation on guardianship should be revised so as to provide alternative care for a wider range of children.

Social protection system: The eligibility criteria for benefits and other support assistance should be better focused and transparent.

State child protection bodies: would be assigned a well-defined gatekeeping role in the placement of children in institutions. Child protection agencies would function as intermediaries between the child and the courts in cases of violence, neglect and exploitation. Tendency to impose punitive measures should be reverted towards preventive support provided to the socially disadvantaged families and children at risk.

Social workers: University social-welfare courses should incorporate theoretical and practical components and specialized modules in institutional placement, counseling, work with groups and child development. A strategy and plan of action for training in the areas of adoption, guardianship and foster care should be developed.

Institutionalization of children: Over the short to medium term, the reform of family-oriented services should involve transitional costs and significant initial investments. A range of new services will have to be provided for the children currently in institutional care. The personnel in institutions will have to be trained so that they can manage the changeover. The following guidelines should be considered for this initial phase of institutional reform. New institutions are not financially viable and should not be approved. Institutions receive funds based on the estimated number of children in care, creating an incentive to maintain institutional admissions. This incentive should be eliminated. Gatekeeping mechanisms to restrict new admissions should be established. They should be responsive to the difficulties of families and the need for child protection. Expenditures should be raised for food, basic health care, special equipment for children with disabilities. Funds should be made available for minor surgeries and minor visual ailments. A national strategy should be initiated to assess the cost-effectiveness of each institution individually. Where appropriate, institutions should be closed. A plan should be developed to accelerate the de-institutionalization of children by as much as 20 or 30 per cent over two or three years. The post of family social worker should gradually be created in all institutions. This professional would provide support to families in order to encourage contact with the children in care and promote family reunification.

Public awareness: Attitudes towards single parents, socially disadvantaged families, children with disabilities and institutionalized children are generally quite negative. Misinformation contributes to prejudice and reinforces the myth that institutions cause no long-term damage to children. Indeed, institutions are thought to be an effective means of care. The flawed perception that the socialization of disabled children is extremely difficult means that community initiatives are not readily accepted. Television documentaries that promote positive images of children and adults with disabilities should be encouraged. Programmes focusing on the problems of children in institutions would perform a useful public service.

International cooperation: International assistance for the development of family-based services can dramatically reduce the unnecessary institutionalization of children. Specific areas which would benefit from international support include programmes to assist the transition from institutional care to community-based family services, community reintegration projects aimed at children in institutional care and for inclusive education among children with disabilities, and independent-living projects, vocational training and scholarships for institution-leavers.