Parents have no right to refuse forced evacuation of children — human rights activist

Parents do not have the right to refuse the evacuation of their children from dangerous areas. This is considered an abuse of parental rights. If parents refuse to evacuate their child, police officers file administrative reports against them.

This was reported on Hromadske Radio by Aksana Filipishyna, a human rights activist, analyst at the Ukrainian Helsinki Union, and a representative of the Ombudsman from 2012 to 2022.

Filipishyna explained that forced evacuation from dangerous areas has become a common practice in Ukraine. It was implemented in places such as Bakhmut, the Lyman territorial community, Maryanka, and others. The forced evacuation in Donetsk Region is still ongoing.

According to Filipishyna, the government amended Resolution 841, which regulates evacuation in emergencies, to accommodate the forced evacuation from Bakhmut. The document stipulates that parents cannot refuse the forced evacuation of their children if the local state administration has made a corresponding decision.

“This means that it is the prerogative of local authorities in combat zones to determine the degree of emergency or danger and make appropriate decisions. Such decisions must be coordinated with the coordination headquarters for evacuation measures, as well as with the military», — the human rights activist explained.

Filipishyna emphasized that evacuation is the responsibility of the police, not the military. Police officers are supposed to go door-to-door and make lists of those subject to mandatory evacuation. These include families with children, people with limited mobility, orphans, and children deprived of parental care who are either in institutions or foster families/family-type orphanages.

Why Parents Cannot Refuse to Evacuate Their Children

According to Filipishyna, Article 155 of the Family Code stipulates that parents have no right to abuse their parental rights. A child is not a possession, and their life and health cannot depend on the will of an adult.

If one parent is unwilling to travel with the child, they must be accompanied by the other parent. Alternatively, the parents can authorize another person to accompany the child to a safe place through a power of attorney certified by the local authority.

“At the local level, a commission is set up for evacuation, and these procedures are very clearly regulated. If parents refuse, there is legal responsibility. We then approach the police, who are responsible for filing administrative reports against parents for evading their parental responsibilities», — Filipishyna stated.

As a reminder, in Myrnohrad, Donetsk Oblast, police will be searching for parents who hide their children from evacuation.

Currently, according to the acting head of the city’s military administration, about 16,000 people remain in the city, including about 1,000 children.

On August 11, it was reported that families with children were being forcibly evacuated from 28 settlements in Donetsk region. The evacuation efforts involve 20 law enforcement and rescue crews.