Committee on the rights of the child

Combined sixth and seventh periodic reports submitted by the Russian Federation underarticle 44 of the Convention, due in 2019 * , **

[Date received: 11 July 2019]

Combined sixth and seventh periodic reports of the Russian Federation on the implementation of the Convention on the Rights of the Child (2011–2019)

Contents

Page

Introduction5

I.General information concerning the Russian Federation5

II.General measures of implementation (arts. 4, 42 and 44, para. (6))6

III.Definition of the child (art. 1)9

IV.General principles9

A.Non-discrimination (art. 2)9

B.Best interests of the child (art. 3)10

C.Right to life, survival and development (art. 6)10

D.Respect for the views of the child (art. 12)12

V.Civil rights and freedoms12

A.Birth registration, name and nationality (art. 7)12

B.Preservation of identity (art. 8)13

C.Freedom of expression and the right to seek, receive and impart information (art. 13)13

D.Freedom of thought, conscience and religion (art. 14)13

E.Freedom of association and of peaceful assembly (art. 15)13

F.Protection of privacy and protection of image (art. 16)13

G.Access to information from a diversity of sources and protection from material harmful to a child’s well-being (art. 17)14

H.The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, including corporal punishment (arts. 37 (a) and 28 (2))14

I.Measures to promote physical and psychological recovery and social reintegration of child victims (art. 39)15

VI.Family environment and alternative care16

A.Family environment and parental guidance in a manner consistent with the evolving capacities of the child (art. 5)16

B.Parents’ common responsibilities, assistance to parents and provision of childcare services (art. 18)16

C.Separation from parents (art. 9)17

D.Family reunification (art. 10)17

E.Recovery of maintenance for the child (art. 27 (4))17

F.Children deprived of a family environment (art. 20)17

G.Periodic review of placement (art. 25)18

H.Adoption (national and intercountry) (art. 21)19

I.Illicit transfer and non-return (art. 11)19

J.Abuse and neglect (art. 19), including physical and psychological recovery and social reintegration (art. 39)19

VII.Disability, basic health care and welfare20

A.Children with disabilities (art. 23)20

B.Health and health services, in particular primary health care (art. 24)21

C.Efforts to overcome the most prevalent health challenges, to promote the physical and mental health and well-being of children and to prevent and deal with communicable and non-communicable diseases22

D.Reproductive health rights of adolescents and measures to promote a healthy lifestyle24

E.Measures to prohibit and eradicate all forms of harmful traditional practices, including, but not limited to, female genital mutilation and early and forced marriage (art. 24 (3))24

F.Measures to protect children from the illicit use of narcotic drugs and psychotropic substances (art. 33)24

G.Measures to ensure the protection of children of incarcerated parents and children living in prison with their mothers24

H.Social security and childcare services and facilities (arts. 26 and 18 (3))25

I.Standard of living and measures taken, including material assistance and support programmes with regard to nutrition, clothing and housing, to ensure children’s physical, mental, spiritual, moral and social development, and to reduce poverty and inequality (art. 27 (1–3))25

VIII.Education, leisure and cultural activities26

A.The right to education, including vocational training and guidance (art. 28)26

B.The aims of education (art. 29)28

C.Cultural rights of children belonging to Indigenous groups or ethnic, religious or linguistic minority groups (art. 30)29

D.Rest, play, leisure, recreation and cultural and artistic activities (art. 31)29

IX.Special protection measures30

A.Children outside their country of origin seeking refugee protection (art. 22), unaccompanied asylum-seeking children, internally displaced children, migrant children and children affected by migration30

B.Children in armed conflict (art. 38)30

C.Children in situations of exploitation, including physical and psychological recovery and social reintegration (art. 39)31

1.Economic exploitation, including child labour (art. 32)31

2.Drug abuse, use of children in the illicit production of and trade in narcotic drugs and psychotropic substances (art. 33)32

3.Sexual exploitation and sexual abuse (art.34)32

4.Sale, trafficking and abduction (art. 35)33

5.Other forms of exploitation (art. 36)34

D.Children in conflict with the law, victims and witnesses34

1.The administration of juvenile justice (art. 40), the existence of specialized and separate courts and the applicable minimum age of criminal responsibility34

2.Children deprived of their liberty, and measures to ensure that any arrest, detention or imprisonment of a child shall be used as a measures of last resort and for the shortest appropriate time and that legal and other assistance is promptly provided (art. 37 (b)–(d))35

3.The sentencing of children, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) and the existence of alternative sanctions based on a restorative approach36

4.Physical and psychological recovery and social reintegration of children in young offenders’ institutions (art. 39)36

5.The training activities developed for all professionals involved with the system of juvenile justice, including judges and magistrates, prosecutors, lawyers, law enforcement officials, immigration officers and social workers, on the provisions of the Convention37

E.Children belonging to ethnic, religious or linguistic minority or Indigenous group (art. 30)37

Annex

Statistical data on the situation of children in the Russian Federation

Introduction

1.The combined fourth and fifth periodic reports of the Russian Federation on the implementation of the Convention on the Rights of the Child (2003–2009) were considered at the Committee’s sixty-fifth session on 23 and 24 January 2014.

2.The present report was prepared pursuant to article 44 (1) (b) of the Convention on the basis of material from the federal authorities and State statistical data in order to provide a full picture of the implementation of the Convention by the Russian Federation in the period 2011–2019. The treaty-specific reporting guidelines on the form and content of periodic reports (CRC/C/58/Rev.2) were used in the preparation of this document; account was also taken of the Committee’s concluding observations adopted on 31 January 2014 (CRC/C/RUS/CO/4-5).

3.The introduction contains general information about the country’s population and the main trends in the situation of children between 2011 and 2019 (since the submission of the previous report). The main part consists of nine sections and includes information on measures adopted by the Russian Federation in implementation of the provisions of the Convention in accordance with the international obligations it has assumed, and on progress achieved and difficulties encountered.

4.In line with paragraph 8 of the guidelines, the present report does not repeat information provided in the combined fourth and fifth periodic reports of the Russian Federation on the implementation of the Convention, but references are made to the paragraphs of these reports where necessary.

5.The annexes include statistical data for the period from the submission of the combined fourth and fifth periodic reports up to 2019 on selected issues in the implementation of the provisions of the Convention.

I.General information concerning the Russian Federation

6.At the beginning of 2011, the population of the Russian Federation stood at 142.9 million persons. By the beginning of 2018, it totalled 146.9 million, an increase of 4 million persons (2.7 per cent) compared to 2011.

7.As of the beginning of 2018, there were 30 million children aged 0–17 in the Russian Federation, an increase of 3.7 million persons compared to the beginning of 2011. The number of children in the 0–4 age group increased by 1.3 million (13.9 per cent) and children in the 5–9 age group increased by 1.8 million (19.8 per cent) and amounted to 8.9 million persons in 2018.

8.In 2017, 1,690,300 people were born, which was 106,300, or 5.9 per cent, fewer persons than in 2011 (1,796,600). The total fertility rate dropped to 11.5 per 1,000 population by 2017, down from 12.6 in 2011. Despite improvements in the socioeconomic situation in the country, an active demographic policy and an increase in the total population of the Russian Federation, 2017 saw a downward trend in the birth rate due to changes in the sex distribution and age structure of the population. For example, while the number of women of reproductive age (15–49 years old) was 36.0 million in 2013, it had already fallen to 35.1 million in 2017 and 34.9 million in 2018. The value of the total fertility rate in 2017 was 1.621 (in 2011, 1.582), while there has been a decrease in the value of the total fertility rate since 2015 (1.777).

9.The number of abortions in 2017 was 779,800, 30.7 per cent less than in 2011 (1,124,900).

10.In 2018, 967,056 marriage certificates were drawn up in the Russian Federation (in 2017, 1,049,224; in 2010, 1,216,107).

11.In 2018, 613,042 certificates of dissolution of marriage were drawn up in the Russian Federation (in 2017, 611,731; in 2010, 639,513). The divorce rate in 2017 as a whole decreased by 10.6 per cent compared to 2011, to 4.2 per 1,000 population (2011, 4.7). There were 582 divorces per 1,000 marriages in 2017 (545 in 2017). The number of dissolved marriages in which the former spouses had children below the age of 18 increased by 3.3 per cent in 2017 compared to 2013.

12.The proportion of children born to women out of wedlock fell from 24.6 per cent in 2011 to 21.2 per cent in 2017.

13.The infant mortality rate decreased by 24.3 per cent between 2011 and 2017 and stood at 5.6 per 1,000 live births in 2017, compared to 7.4 in 2011. The decline in infant mortality is continuing. A new medical birth certificate form has been approved by order of the Ministry of Health and Social Development on the medical criteria for birth and the form and procedure for issuing birth records, No. 1687n of 27 December 2011, in connection with the transition to new criteria for live births.

14.The maternal mortality rate decreased from 16.2 per 100,000 live births in 2011 to 8.8 in 2017. It stood at 9.3 per 100,000 live births in 2017 for the rural population (18.8 in 2011) and 8.7 for the urban population (15.1 in 2011).

15.The socioeconomic situation of families with children depends on factors such as family income, employment possibilities for the parents, housing and the state of health and educational level of women and children. In 2018, 18.9 million persons had income below the subsistence level, or 12.9 per cent of the total population (18.0 million persons, or 12.7 per cent, in 2011).

16.The ratio of the income of the wealthiest 10 per cent of the population to that of the poorest 10 per cent (the 90/10 income inequality ratio) was 15.3 in 2018 (16.2 in 2011 and 16.7 in 2009). The distribution of property and income has not changed much. The main poverty factors continue to be the low wages of workers, above all in the public sector, and the low level of social benefits and other social payments.

17.In 2018, average income was 3.2 times greater than the subsistence level, compared to 2.4 times greater in 2003.

II.General measures of implementation (arts. 4, 42 and 44 (6))

18.Between 2012 and 2017, the Russian Federation implemented the National Children’s Strategy, approved by Presidential Decree No. 761 of 1 June 2012. In the Committee’s concluding observations, it is recommended that plans of action to implement the strategy at both the national and regional levels provide for specific measures, with a clear indication of the roles and responsibilities of the relevant bodies at the national, regional and local levels, and ensure that those plans of action are supported through the provision of the necessary human, technical and financial resources and that systems are in place for monitoring and evaluating them and collecting relevant data (para. 11). The implementation of the National Strategy was carried out within the framework of two action plans approved by Government Orders No. 1916-r of 15 October 2012 and No. 167-r of 5 February 2015. The constituent entities of the Russian Federation have implemented regional strategies and programmes of action for children, with due regard for the particular problems facing children in a specific region, whether demographic, ethnic, religious or other. A website (monitoringsid.rf) has been running since 2012 to provide information and procedural guidance on the implementation and system of monitoring and evaluating the effectiveness of measures at the federal and regional levels. Order No. 662 of the Federal State Statistics Service of 28 December 2012 approved a system of indicators for monitoring the effectiveness of measures to implement the National Strategy.

19.A number of policy documents have been adopted and approved in order to implement the key objectives of the National Children’s Strategy: the policy framework for the development of a network of mediation services up to 2017 to implement restorative justice for children, including those who have committed socially dangerous acts but have not yet reached the age of criminal responsibility (Government Order No. 1430-r of 30 July 2014); the policy framework for additional education for children (Government Order No. 1726-r of 4 September 2014); the Strategy for the Development of Education in the Russian Federation for the period until 2025 (Government Order No. 996-r of 29 May 2015); the policy framework for early intervention in the Russian Federation up to 2020 (Government Order No. 1839-r of 31 August 2016); the policy framework for the development of a system to prevent child neglect and youth offences (Government Order No. 520 of 22 March 2017).

20.In order to further improve State policy on child protection, and taking into account the results achieved in the implementation of the National Strategy, the period 2018–2027 was declared the Decade for Childhood in the Russian Federation pursuant to Presidential Decree No. 240 of 29 May 2017. Government Order No. 1375-r of 6 July 2018 approved a plan of action up to 2020, setting out the core activities to be conducted within the framework of the Decade for Childhood, which to all intents and purposes constitutes the continued implementation of the National Strategy. Government Order No. 2295-r of 24 October 2018 established the Coordinating Council attached to the Government to carry out the Decade for Childhood, which aims to ensure cooperation between the federal authorities, regional State authorities, local authorities, voluntary associations, and academic and other organizations. By the fourth quarter of 2020, a system of statistical indicators describing the status of implementation of activities for the Decade for Childhood will be developed and implementation of the core activities under the plan will continue to be monitored.

21.Presidential Decree № 204 of 7 May 2018 on national goals and strategic objectives for development for the period up to 2024 sets 9 such goals, to be achieved through 12 national projects, including such areas as demography, health care, education, housing and urban environment, and the environment. The implementation of the national projects will ensure sustainable natural growth of the population of the Russian Federation, a steady rise in real income, an increase in life expectancy, to 78 years, halving of poverty in the country and the provision of housing to at least 5 million families each year.

22.Information on national legislation adopted before 2010 to give effect to the Convention is contained in paragraphs 18–35 and 36–40 of the combined fourth and fifth periodic reports. During the reporting period, work continued on improving national legislation to ensure the rights and legitimate interests of children and to strengthen their protection against factors that adversely affect their development. Under Federal Act No. 432-FZ of 28 December 2013 amending a number of legislative acts of the Russian Federation to improve the rights of victims in criminal proceedings, which entered into force on 10 January 2014, the duration of administrative supervision for persons who have committed crimes against the sexual inviolability of minors under 14 years of age and have a sexual preference disorder (paedophilia), without prejudice to legal capacity, is determined by the period during which compulsory medical treatment is imposed but may not be less than the period in which the conviction is considered to be spent. The Act also provides for the possibility, in the event that the actions of the underage victims’ legal representative harm their interests, of replacing the representative or preventing him or her from taking part in the questioning of the victim if this is contrary to the interests of the child.

23.On 1 January 2015, provisions of Federal Act No. 432-FZ of 28 December 2013 came into force concerning: funding from the federal budget for the participation of a lawyer in criminal cases involving crimes against the sexual integrity of a victim under the age of 16 as his or her representative; compulsory participation of a psychologist in any questioning, confrontation of witnesses or identification or verification of evidence at the scene in which such a victim takes part and, in criminal cases involving other offences, a psychologist or teacher (the above provisions also apply to victims who are minors, over 16 years of age, with mental disorders or intellectual disabilities); differentiating the length of investigative actions according on the age of the victim; compulsory use of video recording of investigative actions involving underage victims, with their consent (or that of their legal representative); priority given to the underage victims’ testimony and presentation of information from their questioning; conducting the questioning of the underage victim in court, if necessary.

24.With a view to increasing the punishment for crimes against the sexual inviolability of minors, Federal Act No. 14-FZ of 29 February 2012 on amendments to the Criminal Code and a number of legislative acts of the Russian Federation was adopted, thereby increasing the responsibility for sexual offences against minors and modifying the conditions for parole and commutation of sentences of the perpetrators of such offences. Parole may be granted to persons who have committed offences against the sexual inviolability of a minor under the age of 14 if the offender has served at least four fifths of the sentence and a forensic psychiatric assessment of the offender is taken into account. Similar conditions apply when a part of the sentence that has not been served is commuted to a lesser form of punishment.

25.Penalties have been increased up to life imprisonment, and a special procedure has been established for the use of compulsory medical treatment of persons who have previously been convicted of offences against the sexual inviolability of a minor and have committed such acts again, the grounds for which are a court decision taken on the basis of the findings of a mandatory forensic psychiatric evaluation of sexual preference disorder, without prejudice to legal capacity.

26.On 3 July 2018, the State Duma of the Federal Assembly of the Russian Federation adopted in first reading draft federal law No. 388776-7 on amendments to the Criminal Code and the Code of Criminal Procedure with regard to improving mechanisms for combating crimes against the sexual inviolability of minors, aimed at strengthening measures to combat offences against the sexual inviolability of minors and State guarantees of children’s safety.

27.Paragraph 26 of the combined fourth and fifth periodic reports referred to the fact that a draft federal law aimed at amending the Criminal Code that would impose heavier penalties for sexual offences committed against minors had been submitted to the State Duma. The bill in question was rejected (State Duma Decision No. 64-6GD of 7 February 2012).

28.In order to protect minors from the involvement and use of children in the production and distribution of pornography, Federal Act No. 199-FZ of 23 June 2016 was adopted, amending article 242.1 of the Criminal Code aimed at combating trafficking in pornographic materials with the use of, or among, minors and article 151 of the Code of Criminal Procedure, which establishes in the criminal legislation of the Russian Federation a definition of the concept of “pornographic materials and objects” and “materials or objects with pornographic images of minors” and lays down criteria to distinguish them from related concepts.

29.Further legislation had been introduced to ensure the safety of the lives and health of minors and take measures designed to prevent suicide among children and various forms of assisted suicide and the involvement of minors in the commission of unlawful acts known to the perpetrator to be dangerous to life, namely Federal Act No. 120-FZ of 7 June 2017 amending the Criminal Code and article 151 of the Code of Criminal Procedure regarding the establishment of additional mechanisms to address activities aimed at encouraging children to engage in suicidal behaviour. The Criminal Code has also been amended to establish increased criminal liability for defined forms of incitement to suicide or attempted suicide by threats, cruel treatment or systematic offences against the human dignity of the victim, if they are committed against a minor, a pregnant woman or a helpless person, or against two or more persons, or are organized, collective or public in nature.

30.Concerning paragraph 7 (a) of the concluding observations, section 4 of the federal statistical monitoring form, entitled “Information on recorded and resolved and unsolved crimes”, approved by Order No. 250 of the Procurator General of 2 July 2012, contains data on the total number of victims of minors, disaggregated by age (under 14 and over), sex, socioeconomic status (deprived of parental care, orphans) and geographical location (broken down by constituent entity of the Russian Federation). The Prosecutor General’s Office proposes to organize the collection of data on children who have been subjected to any physical punishment or psychological aggression by parents (or guardians), as well as on persons who have been sexually abused before the age of 18.

31.Federal Act No. 224-FZ of 29 July 2018 on amendments to articles 114 and 115 of the Family Code introduced amendments to the Code to reduce the penalty for late payment of maintenance to one tenth of 1 per cent. It is also provided that the court may reduce the amount of penalties for late payment of maintenance, taking into account the financial or family situation of the person obliged to pay the maintenance, if the penalties payable are clearly disproportionate to the consequences of the violation of the obligation to pay the maintenance.

32.Federal Act No. 501-FZ of 27 December 2018 on Commissioners for Children’s Rights in the Russian Federation defines the features of the legal position, main objectives and powers of the Presidential Commissioner for Children’s Rights and the basics of the legal position of the commissioners for children’s rights in the constituent entities of the Russian Federation. In particular, article 4 of the Act sets out the requirements for the Presidential Commissioner, while article 13 defines the legal status of the commissioners in the constituent entities of the Russian Federation (concluding observations, paras. 16–17).

33.Concerning paragraphs 18 and 19 of the concluding observations, Federal Act No. 121-FZ of 20 July 2012 amending a number of legislative acts of the Russian Federation with regard to the regulation of the activities of non-profit organizations acting as foreign agents ensures that Russian society has the appropriate means to monitor the activities of non-profit organizations that are funded by foreign sources and that pursue political goals, including in the interests of their financial backers. For a non-profit organization to be deemed to be acting as a foreign agent, it must have two features: it must receive cash or other assets from foreign sources and it must engage in political activities (in the areas of activity laid down in the Act and in one of the forms listed in the Act). Thus, “non-governmental organizations working in the field of human rights and child rights” (concluding observations, para. 19) that receive funding from abroad but do not engage in political activities are not subject to the legislation on NGOs performing the functions of a foreign agent. Federal Act No. 179-FZ of 2 June 2016 amending article 8 of the Voluntary Associations Act and article 2 of the Non-Profit Organizations Act clarified the notion of a non-governmental organization (NGO) performing the functions of a foreign agent (Federal Act No. 7-FZ, art. 2 (6)) by providing lists of areas and forms of political activity. It is important to note that the language used in Federal Act No. 7-FZ is “non-profit organization acting as a foreign agent” and not “non-profit organization that is a foreign agent”. In public discourse the concepts are interchanged, which distorts the meaning of the law. The real meaning of “non-profit organization acting as a foreign agent” is a non-profit organization acting in the interests of its foreign sponsors.

III.Definition of the child (art. 1)

34.Provisions relating to the definition of the child in accordance with article 1 of the Convention are set out in paragraphs 71 and 73 of the second periodic report, paragraph 62 of the third periodic report and paragraphs 47 and 48 of the combined fourth and fifth periodic reports.

IV.General principles

A.Non-discrimination (art. 2)

35.The provisions of this article are explained in detail in paragraphs 74–78, 80–82, 84 and 85 of the second periodic report, paragraphs 63–65 of the third periodic report and paragraph 18 of the combined fourth and fifth periodic reports.

36.In order to realize the right of everyone to education, the necessary conditions are set in place for persons with special needs to be provided with access to a quality education without discrimination; treatment for developmental impairments and social adaptation; early remedial help using special educational approaches and the most appropriate languages, modes and means of communication; and help in achieving, as far as possible, a certain level of education in a particular field, including by means of inclusive education.

37.The conclusions in paragraphs 22 and 23 of the concluding observations are not supported by the facts; the legislation of the Russian Federation is not discriminatory. The Code of Administrative Offences provides for administrative liability for discrimination and the Criminal Code, for criminal liability for discrimination committed by a person using his official position. Criminal liability is incurred for acts involving extremist offences, understood as offences committed for reasons of political, ideological, racial, ethnic or religious hatred or enmity, or for reasons of hatred or enmity directed against any specific social group. The following acts are criminal offences under the Criminal Code: public incitement to extremist activities (art. 280); public incitement to acts aimed at violating the territorial integrity of the Russian Federation (art. 280.1); incitement to hatred or enmity, and diminution of dignity (art. 282); organization of an extremist association (article 282.1); organization of the activities of an extremist organization (art. 282.2); financing of extremist activities (art. 282.3); and genocide (art. 357). Under certain conditions, extremist crimes also include intentional infliction of grievous bodily harm by a group of persons, by a group of persons by prior conspiracy or by an organized group, grievous bodily harm to two or more persons, or grievous bodily harm resulting in the victim’s death by negligence; battery; violation of the equality of human and civil rights and freedoms; violation of the right to freedom of conscience and religious belief; obstruction of a meeting, rally, demonstration, march or picket or of participation in them; intentional destruction or damaging of property; mass riots; criminal mischief committed by a group of persons by prior conspiracy or by an organized group, or involving resistance to a representative of authority or any other person protecting the public order or suppressing a violation of public order; the creation of a non-profit organization that infringes on the identity and rights of citizens; destruction or damaging of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation; desecration of mortal remains or places of burial; violation of rules governing relations between service personnel of equal rank; insulting a service member; and rehabilitation of Nazism. There is, therefore, no need for the inclusion of additional provisions on the prohibition of discrimination in federal legislation.

38.Given that the Russian Federation does not recognize the Committee’s authority to protect the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and that membership of a minority is not an obstacle to access to justice, the recommendations in paragraphs 25, 36 and 60 of the concluding observations in this area are not acceptable. The recommendation to “repeal its laws prohibiting propaganda of homosexuality” (concluding observations, para. 25) does not take into account articles 13 and 17 of the Convention, which encourage States parties to develop appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, public health or morals. The above provisions of the Convention correspond to the legal position of the Constitutional Court, which, in its Decision No. 24-P of 23 September 2014 on the case concerning the review of the constitutionality of article 6.21 (1) of the Code of Administrative Offences in connection with the complaint of citizens N.A. Alexeev, Y.N. Evtushenko and D.A. Isakov, noted that the provisions of article 6.21 (1) of the Code are used exclusively to protect minors from information that may harm their development and do not imply a negative assessment by the State of non-traditional sexual relationships as such, nor are they aimed at diminishing the honour and dignity of citizens who engage in such relationships. We have no information about any discriminatory actions against children from lesbian, gay, bisexual, transgender and intersex families or underage LGBTI-rights activists.

B.Best interests of the child (art. 3)

39.The provisions of this article are covered in paragraphs 51–53 of the combined fourth and fifth periodic reports.

40.Information on material support for children’s interests is provided in paragraphs 142–146 of this report.

41.With regard to the recommendations on amending legislation to fully reflect the right of the child to have his or her best interests taken into account (concluding observations, para. 27), it should be noted that the aims of State policy for children are to implement the rights of children set out in the Constitution, prevent discrimination against them, strengthen basic guarantees of the rights and legitimate interests of children and restore their rights when they are violated. In addition, the assertion that “the legitimate interests of the child” used in the legislation of the Russian Federation is not equivalent in scope to “the best interests” referred to in the Convention on the Rights of the Child is incorrect.

C.Right to life, survival and development (art. 6)

42.Implementation of the Maternity Certificate Programme, which aims to improve the quality of medical care for women during pregnancy and childbirth and children in the first year of life, is continuing. Maternity certificate vouchers provide additional financial support for maternity clinics, maternity hospitals, maternity wards and perinatal centres in children’s polyclinics. Between 2014 and 2018, the quality of care for pregnant women continued to improve, with the number of pregnant women admitted for medical observation to the maternity clinic before 12 weeks increasing from 85.1 per cent to 87.6 per cent. The additional provision of essential medicines to pregnant women has increased the proportion of normal births from 34.1 per cent to 37.3 per cent. Thanks to the use of modern medical technologies in obstetric care, as in the previous period, there was a steady decline in perinatal mortality, from 9.64 per 1,000 live births and stillbirths to 7.5 per 1,000 live births and stillbirths, during the period in 2013–2017.

43.In order to prevent and reduce the number of abortions, a set of measures is being implemented in the Russian Federation: a waiting period of 48 hours to 7 days, depending on the term, is set for women after coming to a health care provider to have a pregnancy terminated so that they may consider the decision and receive counselling from a psychologist and social worker; licensing of abortion services has been introduced; a new informed voluntary consent form for an artificial termination of pregnancy at a woman’s request, containing information about the possible consequences of an abortion, has been approved; an ultrasound scan is provided before the abortion is performed to visualize the fetus and its heartbeat or listen to the sound of the heartbeat; women’s clinics in the constituent entities of the Russian Federation are establishing medical and social care offices, and medical and social support centres for pregnant women in difficult circumstances, whose main objective is to provide social and psychological assistance to women in cases of unintended pregnancy, with a view to ensuring a positive alternative to abortion; coverage of pre-abortion counselling by medical psychologists has been introduced to the mandatory health insurance scheme; a further training programme on pre-abortion counselling has been developed for medical psychologists, psychologists and social workers; a guidance note entitled “Psychological Counselling for Women Planning an Induced Abortion” was sent to the constituent entities of the Russian Federation.

44.In constituent entities, there are 385 centres for medical and social support for pregnant women in difficult circumstances and more than 1,000 medical and social care offices, which provide psychological counselling for more than 170,000 women every year.

45.As a result of the work carried out since 2014, there has been a decrease in the number of abortions and abandoned newborns: the total number of abortions decreased by 30.3 per cent (from 814,162 to 567,183 in 2018); the number of medical abortions at a woman’s request has decreased by 42.5 per cent (from 511,799 to 294,456 in 2018); and the number of babies abandoned by mothers in obstetric facilities has decreased by 50.9 per cent (from 4,675 to 2,297 in 2018).

46.Work is constantly being done to improve the national immunization schedule: in 2011, vaccination of children at risk against haemophilus influenza was introduced; in 2014, vaccination of young children against pneumococcal infection and vaccination of persons suffering from chronic lung disease, cardiovascular disease, metabolic disorders and obesity against influenza were introduced; in 2015, the transition to the use of bivalent polio vaccine was made; in 2017, combined vaccines were introduced for children at risk of five infections: diphtheria, pertussis, tetanus, poliomyelitis and haemophilus influenza. The Russian Federation maintains a high vaccination coverage rate of over 97 per cent as part of the national immunization schedule, while the World Health Organization recommends a rate of 95 per cent.

47.The Constitution guarantees everyone, irrespective of membership of numerically small Indigenous Peoples, the right to a favourable environment, reliable information about its state and compensation for damage to health or property caused by breaches of environmental law. Federal Acts No. 7-FZ of 10 January 2002, the Environmental Protection Act, and No. 96-FZ of 4 May 1999, the Atmospheric Air Protection Act, define the legal basis of the national policy of the Russian Federation on environmental protection and environmental security. The requirements contained in the laws apply to the businesses referred to in paragraph 21 of the concluding observations. In view of this, no further legislative regulation is required to prevent the oil and gas and coal mining companies from having a negative impact on human rights, particularly those of children from numerically small Indigenous communities. Compliance of enterprises with national environmental and health standards is ensured by a system of State environmental monitoring (control), including authorized State authorities at the federal and regional levels, and monitoring of the implementation of environmental laws carried out by procuratorial authorities, including specialized environmental procurators operating in most constituent entities of the Russian Federation and on the most important natural sites (the Amur, Volga and Baikal rivers), applying an ecosystem approach.

48.With regard to paragraph 45 of the concluding observations, the legislation of the Russian Federation does not allow for the possibility of anonymous abandonment of children by parents. To do otherwise would upset the fair balance between the right of the child to ascertain his or her origins and the rights and interests of his or her parents to remain anonymous. Previous draft laws before the State Duma of the Federal Assembly aimed at amending the legislation that would grant the State authorities of the constituent entities of the Russian Federation the right to establish special places for the anonymous abandonment of children have been rejected and have not been supported by the Government. In accordance with article 38 (2) of the Constitution, the care and upbringing of children is an equal right and obligation of parents. Failure to fulfil parental responsibilities, including refusal to take their child from a maternity home or ward or from another medical establishment, educational institution, social welfare institution or similar organization, entails liability for parents as established by Russian law. It should be borne in mind that the legislation of the Russian Federation regulates a number of ways of assisting parents in difficult circumstances. For instance, under article 65 (4) of the Family Code, parents or persons in loco parentis, in the exercise of parental rights, are entitled to assistance in providing the family with medical, psychological, educational, legal and social support. The conditions and procedure for the provision of this assistance are determined by Federal Act No. 442-FZ of 28 December 2013 on the Principles of Social Services for Citizens of the Russian Federation. In addition, under article 155.1 (2) of the Family Code, parents, adoptive parents or guardians who for valid reasons cannot fulfil their duties towards a child may place the child temporarily in an organization for orphans and children without parental care. The regions, in cooperation with the Ministry of Health, work extensively on the prevention of child abandonment, including measures to support pregnant women in difficult circumstances, with significant results.

D.Respect for the views of the child (art. 12)

49.Information on this matter can be found in paragraphs 119, 120, 122 and 142 of the second periodic report, paragraphs 84–90 of the third periodic report and paragraph 61 of the combined fourth and fifth periodic reports.

V.Civil rights and freedoms

A.Birth registration, name and nationality (art. 7)

50.Information on the matter can be found in paragraphs 132–137 of the second periodic report, paragraphs 94–97 of the third periodic report and paragraphs 62–64 of the combined fourth and fifth periodic reports.

51.The Family Code and Federal Act No. 143-FZ of 15 November 1997 on Civil Registration were amended by Federal Act No. 94-FZ of 1 May 2017 amending article 58 of the Family Code and article 18 of the Federal Act on Civil Registration, restricting the rights of parents to choose a child’s name. When parents choose a child’s name, no figures, alphanumeric characters, numerals, symbols or non-alphabetic characters, except hyphens, or any combination of these, or profanity, or indications of rank, position or title, may be used in the child’s name. These changes address the crucial issue of the lack of balance between the right of parents to determine a child’s name at their own discretion and the protection of the rights of the child when the very act of giving a particular name infringes the rights and interests of the child.

52.Paragraph 29 of the concluding observations pointed to the need to ensure that all children born in the territory of the Russian Federation, irrespective of the status of their parents, are registered. The procedures State civil registration are defined by Federal Act No. 143-FZ of 15 November 1997 on Civil Registration.

B.Preservation of identity (art. 8)

53.Information on this question is set out in paragraphs 90–99, 143–146, 152–156 and 184–187 of the second periodic report, paragraph 98 of the third periodic report and paragraphs 66 and 70 of the combined fourth and fifth periodic reports.

C.Freedom of expression and the right to seek, receive and impart information (art. 13)

54.Freedom of expression and the right to seek, receive and impart information by any lawful means are enshrined in article 29 of the Constitution (see paragraph 142 of the second periodic report, paragraph 100 of the third periodic report and paragraph 66 of the combined fourth and fifth periodic reports).

D.Freedom of thought, conscience and religion (art. 14)

55.The provisions of this article are covered in paragraphs 144–148 of the second periodic report, paragraph 100 of the third periodic report and paragraphs 69 and 70 of the combined fourth and fifth periodic reports.

56.In accordance with constitutional provisions prohibiting the establishment of a State or compulsory ideology or religion in general education institutions, a course on the foundations of religious cultures and secular ethics is taught based on the choice of the school pupils’ parents or legal guardians. The decision to study a particular module without the consent of the pupil and his or her parents (or legal guardians) is not permitted. In accordance with article 12 (1) of Federal Act No. 273-FZ of 29 December 2012, an introduction to the fundamentals of religious cultures and secular ethics in State and municipal general education establishments, as chosen by the pupil’s family, complies with the principles of freedom of conscience and religious belief, consideration of the diversity of world-view approaches in the curriculum and promotion of pupils’ right to freely choose their opinions and beliefs.

E.Freedom of association and of peaceful assembly (art. 15)

57.The Constitution recognizes human rights and freedoms as a supreme value and guarantees the exercise of the right of citizens to form associations and the freedom of activities of voluntary organizations (associations) (see paragraphs 149 and 150 of the second periodic report, paragraphs 102 and 103 of the third periodic report, and paragraphs 73–76 of the combined fourth and fifth periodic reports).

F.Protection of privacy and protection of image (art. 16)

58.The rights to privacy, family life and the inviolability of the home and correspondence and to protection of one’s honour and reputation against unlawful attacks are guaranteed by law (see paragraphs 152–154 of the second periodic report, paragraph 105 of the third periodic report and paragraphs 78 and 79 of the combined fourth and fifth periodic reports).

59.Federal Act No. 432-FZ of 28 December 2013 excluded offences against the sexual inviolability of minors from the number of offences subject to jury trial in order to ensure maximum protection from additional psychological suffering due to a public hearing of the criminal case and the need to relive the events of the crime.

60.Criminal liability has been established for the unlawful dissemination in public speech, publicly displayed work, the news media or information and telecommunications networks of information revealing the identity of a minor victim under the age of 16 in a criminal case, or information describing physical or mental suffering inflicted by the offence resulting in harm to the minor’s health or psychological suffering or other serious consequences.

G.Access to information from a diversity of sources and protection from material harmful to a child’s well-being (art. 17)

61.The provisions of this article are covered in paragraphs 80 and 81 of the combined fourth and fifth periodic reports.

62.Federal Act No. 436 of 29 December 2010 on the Protection of Children from Information Harmful to their Health and Development establishes legal guarantees for the information security of minors, sets out the conditions and procedure for the distribution of information materials to children, requires legal entities and individuals to ensure the information security of minors and defines types of information harmful to children’s health or development. It also defines categories of information materials and assigns them the following age ratings: “6+”, “12+”, “16+” and “18+”. In order to implement this law, a framework for children’s information security was approved by Government Order No. 2471-r of 2 December 2015. A plan of action for the implementation of the framework for children’s information security for 2018–2020 was approved by Order No. 88 of the Ministry of Communications and Mass Media of 22 February 2018.

63.The Federal Service for Supervision of Communications, Information Technologies and Mass Media takes administrative action for violations of legislation on the protection of children from negative information as provided for by the Code of Administrative Offences.

64.Since 2012, a mechanism for blocking websites on the Internet containing information prohibited under article 15.1 of Federal Act No. 149-FZ of 27 July 2006 on Information, Information Technologies and Data Protection has been implemented through the listing in the Unified Register of Domain Names of Internet Protocol (IP) addresses and web page addresses (URLs ), making it possible to identify websites on the Internet containing information that may not be distributed in the Russian Federation.

65.On 29 December 2018, Federal Act No. 472-FZ of 18 December 2018 amending article 15.1 of the Federal Act on Information, Information Technologies and Data Protection and article 5 of the Federal Act on the Protection of Children from Information Harmful to their Health and Development came into force. The amendments enable the competent authority to include in the Unified Register of Domain Names URLs and IP addresses that make it possible to identify websites containing information that may not be distributed in the Russian Federation aimed at inducing minors to engage or otherwise involving minors in unlawful acts, endangering their lives or health or the lives or health of others (including the dissemination of information on how to commit suicide and calls to commit suicide).

66.Since the mechanism has been in operation, 562,791,000 records have been entered to the Unified Register of Domain Names, including: 73,504,000 for child pornography; 144,622,000 for gaming; 101,241,000 for drug trafficking; and 59,769,000 for incitement to suicide. At the same time, access has been restricted to 11,323,000 URLs for child pornography; 58,677,000, for gaming; 13,531,000, for drug trafficking; and 390, for incitement to suicide.

H.The right not to be subjected to torture or other cruel inhuman or degrading treatment or punishment (arts. 37 (a) and 28 (2))

67.The provisions of this article are covered in paragraphs 89 and 90 of the combined fourth and fifth periodic reports.

68.Pursuant to Federal Act No. 323-FZ of 3 July 2016 amending the Criminal Code and the Criminal Procedure Code to improve the basis and procedures for release from criminal responsibility, the offence covered under article 116 (Battery) of the Criminal Code has been partially decriminalized.

69.Federal Acts No. 323-FZ of 3 July 2016 and No. 326-FZ amending certain legislative acts of the Russian Federation in connection with the adoption of the Federal Act amending the Criminal Code and Code of Criminal Procedure to improve the basis and procedures for release from criminal responsibility reclassified such socially dangerous acts as administrative offences. Article 6.1.1 of the Code of Administrative Offences provides for a penalty in the form of an administrative fine or administrative detention or community service for battery or other violent acts causing physical pain. At the same time, administrative prejudgment has emerged, holding a person who has previously been subject to an administrative penalty for battery criminally liable for reoffending.

70.With regard to paragraph 34 of the concluding observations, the Criminal Code covers the following offences involving the use of violence against minors: intentionally causing the death of a minor or another person known by the perpetrator to be in a helpless state or a woman known by the perpetrator to be pregnant; murder by a mother of her newborn child; rape of a minor, and of a victim under the age of 14; violent acts of a sexual nature against a minor, and against a person under the age of 14; coercion of a minor to engage in acts of a sexual nature; sexual intercourse and other acts of a sexual nature with a person under 16 years of age; indecent assault; enticement of a minor to engage in prostitution or coercion to continue engaging in prostitution; receiving sexual services from minors; organization of prostitution using minors and persons under the age of 14 for prostitution. Aggravating circumstances involving underage victims or pregnant women also pertain to crimes covered under the Criminal Code, such as: torture (art. 117, (2) (c) and (d)); abduction (art. 126, (2) (e) and (f); unlawful deprivation of liberty (art. 127, (2) (e) and (f); trafficking in persons (art. 127.1 (2) (b) and (j)); and hostage-taking (art. 206 (2) (e) and (f)). Thus, criminal penalties are provided for all types of physical and sexual violence against children and, under a number of articles, for mental abuse, disregard for a minor’s basic needs and neglect (for example, article 156 of the Criminal Code establishes criminal liability for failure to fulfil child-rearing responsibilities and child abuse).

I.Measures to promote physical and psychological recovery and social reintegration of child victims (art. 39)

71.The Russian Federation has established a system for the prevention of child neglect and juvenile delinquency, and a system for the prevention of crimes and other offences, including in the area of family and domestic relations. Its establishment is determined, among other things, by the provisions of Federal Act No. 120-FZ of 24 June 1999 on the Principles of the System for the Prevention of Child Neglect and Juvenile Delinquency and Federal Act No. 182-FZ of 23 June 2016 on the Principles of the Crime Prevention System.

72.To provide assistance and implement rehabilitation programmes in accordance with Federal Act No. 120-FZ and Federal Act No. 442-FZ of 28 December 2013 on the Principles of Social Services for Citizens in the Russian Federation, social assistance centres for families and children, social rehabilitation centres for minors, social shelters for children and adolescents, centres for psychological and educational assistance to the population, emergency helpline centres offering psychological assistance and other services are up and running in the Russian Federation. Minors in difficult circumstances and victims of physical or mental violence are provided with free temporary shelter in specialized social service institutions, psychological and educational counselling, social and legal protection, social and medical care and rehabilitation services. The executive authorities of the constituent entities of the Russian Federation manage the State system of social services within their jurisdiction.

73.Government Order No. 520 of 22 March 2017 approved the framework for the system for the prevention of child neglect and juvenile delinquency for the period up to 2020 together with the plan of action for its implementation for the period 2017–2020.

VI.Family environment and alternative care

A.Family environment and parental guidance in a manner consistent with the evolving capacities of the child (art. 5)

74.The provisions of this article were covered in paragraphs 165–167 of the second periodic report, paragraph 120 of the third periodic report and paragraph 92 of the combined fourth and fifth periodic reports.

B.Parents’ common responsibilities, assistance to parents and provision of childcare services (art. 18)

75.The provisions of this article were covered in paragraphs 171 and 172 of the second periodic report, paragraph 125 of the third periodic report and paragraphs 95–97 of the combined fourth and fifth periodic reports.

76.To expand the range of penalties that may be imposed for failure to fulfil child-rearing responsibilities, the penalty of punitive labour for up to 3 years with or without forfeiture of the right to occupy certain posts or to engage in certain activities for up to 5 years was added to article 156 of the Criminal Code pursuant to Federal Act No. 420-FZ of 7 December 2011 on amending the Criminal Code and a number of legislative acts of the Russian Federation.

77.Federal Act No. 185-FZ of 2 July 2013 amending a number of legislative acts of the Russian Federation and repealing a number of provisions of legislative acts of the Russian Federation in connection with the adoption of Federal Act No. 273-FZ of 29 December 2012, the Education Act, clarifies the question of who may be identified as a perpetrator of the offence covered by article 156 of the Criminal Code.

78.Article 44 of Federal Act No. 273-FZ of 29 December 2012 gives parents or legal representatives of students priority over all other persons to educate and bring up their children. Under article 44 (3) of Federal Act No. 273-FZ of 29 December 2012, parents or legal representatives have the right to give their child a preschool education in the family, provided that they lay the foundation for the child’s physical, moral and intellectual development. Parents and persons in loco parentis are obliged to ensure that their children receive basic general education.

79.In accordance with article 261 (4) of the Labour Code, which was added to the Code pursuant to Federal Act No. 188-FZ of 12 November 2012 amending the Labour Code, article 261, an employer may not terminate a labour contract with a pregnant woman or a person with family responsibilities, including: a woman who has a child aged under 3 years; a single mother raising a child aged under 14 years or under 18 years if the child has disabilities; a person raising motherless children in this category; and a parent or legal representative who is the sole provider for a child with disabilities aged under 18 years or for a child aged under 3 years in a family raising three or more young children, if the child’s other parent or legal representative is not employed.

80.Pursuant to Federal Act No. 125-FZ of 18 June 2017 amending the Labour Code of the Russian Federation, a provision was added to article 93 of the Labour Code establishing that an employer is obliged to make a part-time work arrangement if so requested by a pregnant woman, one of the parents or the tutor or guardian of a child aged under 14 years or under 18 years if the child has disabilities, or a person caring for a sick family member in accordance with a medical opinion issued in the manner prescribed by the federal laws, other laws and regulations of the Russian Federation. A part-time work arrangement is to be established for as long as is convenient for the employee but must end when the circumstances that warranted the compulsory establishment of the part-time work arrangement are no longer present. In this connection, working hours and rest periods, including the length of the working day or shift and the start, end and break times, are established in accordance with the worker’s wishes, taking into account the working environment at the workplace in question.

C.Separation from parents (art. 9)

81.Matters relating to separation from parents are regulated in codified law (see paragraphs 177–188 of the second periodic report and paragraphs 130–133 of the third periodic report).

D.Family reunification (art. 10)

82.The provisions of this article were covered in paragraphs 190–195 of the second periodic report, paragraphs 136 and 137 of the third periodic report and paragraphs 106 and 107 of the combined fourth and fifth periodic reports.

83.The Federal Mediation Institute, a State agency funded from the federal budget, has been active in the area of mediation and family alternative dispute resolution since 2013. In implementation of the 1980 Convention on the Civil Aspects of International Child Abduction and the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, professional mediators from the Federal Mediation Institute provide mediation services free of charge, in Russian, English, French and German, with a view to resolving family disputes. Mediation was used in 73 of over 400 cases; mediation agreements were concluded in 3 cases, and memorandums of understanding were signed in 4 cases. These documents set out the arrangements for organizing contact with the child and ensuring that each parent is informed about the child’s life while he or she is living with the other parent; the procedure and time frames for discussions between the parents regarding child handovers, the associated formalities and necessary steps; building communication between the parents; the consequences of breaking a mediation agreement; and the steps that may be taken by the parties in the event that they encounter obstacles to the implementation of the arrangements (negotiation and/or referral to a mediator).

E.Recovery of maintenance for the child (art. 27 (4))

84.Matters relating to the preservation of the child’s living standards in the event of parental divorce are covered in paragraphs 197–201 of the second periodic report and paragraph 110 of the combined fourth and fifth periodic reports.

85.Pursuant to Federal Act No. 323-FZ of 3 July 2016 on Amendments to the Criminal Code and the Code of Criminal Procedure of the Russian Federation to Improve the Basis and Procedures for Exemption from Criminal Liability, amendments were made to article 157 of the Criminal Code. The repeated non-payment by a parent of maintenance for minor children or children aged over 18 years who are unable to work due to their disability, without a valid reason and in violation of a court order or a notarized agreement, now constitutes a criminal offence.

F.Children deprived of a family environment (art. 20)

86.A legal basis has been created for the organization of tutorship and guardianship activities (see paragraph 208 of the second periodic report, paragraph 148 of the third periodic report and paragraphs 22 and 112 of the combined fourth and fifth periodic reports).

87.To record information about children without parental care and citizens wishing to adopt children to raise in their families, the State database on children without parental care, an automated information system, was developed and put into full operation. In 2017–2018, as part of efforts to modernize the system, software was developed for a new module in the database, to maintain a register of citizens who have been deprived of their parental rights or have had their parental rights restricted, who have been suspended from tutorship or guardianship duties for failing to fulfil them properly or who are former adoptive parents, if the adoption was revoked by a court after they were found to be at fault. This module is expected to be completed and put it into full operation in 2019.

88.Over the period 2012–2017, the number of children identified each year as being without parental care decreased by 33 per cent (from 74,724 in 2012 to 49,520 in 2017). Over the same period, the number of children whose two parents were both deprived of parental rights or whose only parent was deprived of parental rights also decreased (from 33,810 in 2012 to 24,351 in 2017). However, the number of children whose two parents both had their parental rights restricted or whose only parent had his or her parental rights restricted increased by 25 per cent (from 7,132 children in 2012 to 7,882 in 2017). These trends show that tutorship and guardianship agencies are working to keep families together and make it possible for the child to be raised in his or her own family. Deprivation of parental rights is regarded as an extreme measure; it is imposed on parents as a last resort, once other measures have failed.

89.The number of orphaned children and children without parental care being raised in families under a tutorship or guardianship arrangement is increasing (from 392,418 in 2012 to 397,994 in 2017). The development of family placements for orphaned children and joint efforts by State authorities and the community are helping to reduce the number of educational institutions for orphaned children. The number of such institutions fell from 1,197 in 2012 to 837 in early 2017.

90.With regard to the recommendation concerning the adoption of the draft law on independent public inspections of children’s institutions, it should be noted that Federal Act No. 501-FZ of 27 December 2018 grants the Presidential Commissioner for Children’s Rights and the commissioners for children’s rights in the constituent entities of the Russian Federation powers to monitor and analyse the effectiveness of the mechanisms in place to uphold, protect and ensure respect for the rights and legitimate interests of children, including the activities of organizations providing social and other services to children and families. In view of the above, the powers granted to the officials in question under Federal Act No. 501-FZ ensure that the issues raised in paragraph 40 of the concluding observations are currently being addressed.

G.Periodic review of placement (art. 25)

91.The provisions of this article are covered in paragraph 130 of the combined fourth and fifth periodic reports.

92.In accordance with paragraph 2 of the regulations on the adoption activities of agencies and organizations of foreign States in the Russian Federation and oversight of such activities, which were approved by Government Decision No. 654 of 4 November 2006 on the adoption activities of agencies and organizations of foreign States in the Russian Federation and oversight of such activities, the Ministry of Education has the power to authorize foreign State agencies and organizations to open representative offices for child adoption in the Russian Federation, to authorize the representative offices of foreign non-profit NGOs to carry out adoption activities in the Russian Federation, and to monitor their activities. The Ministry also has the power to monitor the activities of duly authorized representative offices for international adoption. In 2019, 28 accredited foreign representative offices for adoption are operating in the Russian Federation: 13 from Italy, 7 from Spain, 3 from France, 2 from Israel, 2 from Germany and 1 from Belgium. Every year, the Ministry of Education conducts scheduled inspections of the activities of the representative offices of foreign organizations. There were 45 inspections in 2013, 25 in 2014, 18 in 2015, 16 in 2016, 15 in 2017 and 8 in 2018. Between 2013 and 2017, the activities of 55 representative offices of foreign organizations were terminated, and 9 representative offices of foreign organizations received authorization to carry out their activities.

93.The largest numbers of children were adopted by citizens of the following States: Italy (2,262 children), Spain (748 children), France (383 children), Germany (193 children) and Israel (169 children).

H.Adoption (national and intercountry) (art. 21)

94.The provisions of this article are covered in paragraphs 134–137 of the combined fourth and fifth periodic reports. Information on regulation in respect of intercountry adoption may be found in paragraphs 92 and 93 of the present report.

95.Over the period 2012–2018, the State database on children deprived of parental care continued to be maintained. In 2017, there were approximately 50,200 children without parental care in the database. That figure was 2.4 times lower than in 2012, when there had been approximately 120,700 such children in the database. At the beginning of 2019, there were approximately 47,200 children without parental care in the database.

I.Illicit transfer and non-return (art. 11)

96.In accordance with Federal Act No. 102-FZ of 31 May 2011 on the Accession of the Russian Federation to the Convention on the Civil Aspects of International Child Abduction, the Russian Federation acceded to the Convention, making the reservation provided for in article 26 (2). The Convention entered into force for Russia on 1 October 2011. Pursuant to Government Decision No. 1097 of 22 December 2011, the Ministry of Education and Science was designated as the central authority for discharging the duties imposed by the Convention. Since 2018, the Ministry of Education has served as the central authority. In February 2019, the Convention was in force between the Russian Federation and 68 States.

97.In accordance with Federal Act No. 62-FZ of 5 June 2012 on the Accession of the Russian Federation to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, the Russian Federation acceded to the Convention, making the reservations provided for in articles 54 (2) and 55 (1), in accordance with article 60 (1), and the declaration referred to article 34 (1). The Convention entered into force for Russia on 1 June 2013. Pursuant to Government Decision No. 1169 of 15 November 2012, the Ministry of Education and Science was designated as the central authority for discharging the duties imposed by the Convention. Since 2018, the Ministry of Education has served as the central authority.

98.Over the period 2014–2018, 503 cases were referred to the Ministry of Education under the two Conventions. They concerned, among others, the following States: Ukraine (89 cases), Germany (42 cases), France and Spain (32 cases), Italy (31 cases), Israel (30 cases), the United Kingdom of Great Britain and Northern Ireland (18 cases), Armenia (15 cases), Greece and Kazakhstan (13 cases), Japan and Türkiye (10 cases), Belgium, Czechia, Lithuania, the Republic of Moldova and Switzerland (8 cases), Belarus and Uzbekistan (7 cases), and Austria, Estonia, the Netherlands and Sweden (6 cases).

J.Abuse and neglect (art. 19), including physical and psychological recovery and social reintegration (art. 39)

99.The provisions of this article were covered in paragraphs 141 and 145–151 of the combined fourth and fifth periodic reports.

100.Comment regarding paragraph 33 of the concluding observations: article 65 of the Family Code states that, in exercising their parental rights, parents may not cause harm to children’s physical or psychological health or moral development. Children must be raised in a manner that is free from neglectful, cruel, brutal or degrading treatment, insults or exploitation. Parents who exercise their parental rights to the detriment of their children’s rights and interests and other persons who use physical punishment against children are held liable in accordance with the legally established procedure. The commission of an offence against a minor by a parent, another person legally responsible for his or her upbringing, or a teacher or other employee of an educational or medical establishment, an organization providing social services or another organization responsible for supervising minors constitutes an aggravating circumstance (Criminal Code, art. 63 (1) (o)).

VII.Disability, basic health care and welfare

A.Children with disabilities (art. 23)

101.Information relating to this section is provided in paragraphs 154–158 of the combined fourth and fifth periodic reports.

102.Information on social security for children with disabilities is provided in paragraph 148 of the combined fourth and fifth periodic reports. Beginning on 1 January 2013, in accordance with Federal Act No. 51-FZ of 5 April 2013 amending the Federal Act on the State Pension System, the size of the social benefit for children with disabilities and persons who have had category I disabilities since childhood, as established under article 18 (1), subparagraph 2, of Federal Act No. 166-FZ of 15 December 2001 on the State Pension System, was increased. This strengthened the provision of benefits for families in which there are children with disabilities or persons who have had category I disabilities since childhood. In 2018, the social benefit amounted to 12,432.44 roubles.

103.Presidential Decree No. 175 of 26 February 2013 on monthly payments for persons caring for children with disabilities and persons who have had category I disabilities since birth establishes a monthly payment of 5,500 roubles for unemployed parents, adoptive parents, tutors or guardians who, while able to work, are caring for a child aged under 18 years with disabilities or a person who has had category I disabilities since birth and of 1,200 roubles for other persons.

104.In accordance with Federal Act No. 242-FZ of 13 July 2015 amending the Labour Code, article 262.1 was added to the Code to establish the right of one of the parents, tutors, guardians or adoptive parents raising a child aged under 18 years to take a period of paid annual leave upon request and at a time convenient for him or her.

105.Comment regarding paragraph 50 of the concluding observations: Federal Act No. 181-FZ of 24 November 1995 on Social Protection for Persons with Disabilities establishes that a person may not be discriminated against on the basis of disability (art. 3.1) and also provides for measures of social protection and support for persons with disabilities. In addition, Federal Act No. 273-FZ of 29 December 2012, the Education Act, provides for the creation of the necessary conditions for persons with special needs to be given access to quality education without discrimination; treatment for impairments in the child’s development and social adaptation; early remedial support using special educational approaches and the most appropriate languages, modes and means of communication for such persons; and help in achieving, as far as possible, a certain level of education in a particular field and developing their social skills, including through inclusive education.

106.There are currently 23,000 persons with disabilities studying at all levels of higher education. They make up 0.5 per cent of the total student body.

107.As at 1 January 2018, 479,656 children with special needs and 74,768 children with disabilities attended institutions providing either educational activities in accordance with preschool education programmes or supervision and childcare. As at 1 February 2019, the numbers were 498,943 and 53,318, respectively. Of the children receiving preschool education in classes oriented for general development, 0.7 per cent had special needs and 0.5 per cent disabilities; of those in remedial classes, 86.7 per cent had special needs and 8.2 per cent disabilities; of those in combined classes, 19.8 percent had special needs and 2.1 per cent disabilities; and, of those in classes oriented for health improvement, 6.5 per cent had special needs and 0.7 per cent disabilities. Of the children supervised by childcare providers (without an educational component), 1.4 per cent had special needs and 0.8 per cent disabilities; and, of the children in family-type groups, 2.2 per cent had special needs and 1.9 per cent disabilities.

108.The regulations on organizing and conducting educational activities in accordance with basic general education programmes at the preschool level were approved pursuant to Order No. 1014 of the Ministry of Education and Science of 30 August 2013. Under the regulations, there should be no more than 15 children with special needs in a class. Boards of psychological, medical and educational specialists are responsible for determining a learning pathway for students with special needs and formulating recommendations on what form their education should take.

109.In 2017, 309,426 children were studying under adapted basic general education programmes and a further 231,567 under education programmes for students with intellectual impairments. In 2017, 276,373 children with special needs (of whom 75,555 were also recognized as having disabilities) were receiving an inclusive education, as were 72,969 children with disabilities and 1,842 persons with disabilities. That represented a significant increase compared to 2016, when there had been approximately 241,000 children in inclusive education. In 2017, there were 17,507 special remedial classes for a total of 156,235 students with special needs (of whom 39,325 were also recognized as having disabilities), 14 persons with disabilities and 565 children with disabilities. That represented an increase compared with 2016, when there had been 16,736 such classes for a total of 148,003 students with special needs (of whom 35,141 had also been recognized as having disabilities), 46 persons with disabilities and 668 children with disabilities. In addition, there were 25,160 classes for students with intellectual impairments for a total of 190,862 students with special needs (of whom 87,446 were recognized as having disabilities), 188 persons with disabilities and 1,627 children with disabilities who did not have special needs.

110.There is an approved federal list of general education institutions offering adapted basic general education programmes. There are 1,901 such institutions in the 85 constituent entities of the Russian Federation. Of these, 1,664 are separate institutions offering adapted basic general education programmes for students with special needs.

111.Special attention is paid to upholding the right to education for children with disabilities living in children’s homes, boarding schools and social welfare homes. At the beginning of the 2017/18 academic year, 217 children of school age who were living in such residential institutions were not attending educational establishments (compared with 775 in 2016). The number of children with disabilities living in such institutions who are not attending educational establishments thus decreased by 72 per cent in a year.

112.To improve access to education for children with disabilities in the constituent entities of the Russian Federation, within the framework of the State Accessible Environment Programme for 2011–2020, which was approved by Government Decision No. 1297 of 1 December 2015, measures are being taken to create the conditions for quality education for such children at preschool, general and supplementary education institutions, including institutions providing educational activities in accordance with adapted basic general education programmes. In 2018, work to create a fully accessible environment and provide special equipment, including computer and rehabilitation equipment, was carried out at 7,427 preschool education institutions (18 per cent, against a target of 17.5 per cent) and 9,838 general education institutions (22.8 per cent, against a target of 22.3 per cent).

113.The fourth national vocational skills championship for persons with disabilities (Abilympics) took place in November 2018. It consisted of competitions involving 57 core skills and 16 job skill demonstrations. The Abilympics championship had 1,157 participants aged 14–65 from 83 constituent entities of the Russian Federation competing in 57 core skills. They included 186 specialists, 733 students and 238 schoolchildren. The skill demonstration competition had 94 participants. In 2018, regional Abilympics competitions were held in 84 constituent entities of the Russian Federation (all except the Chukotka Autonomous Area). There were 9,004 participants, including 1,379 specialists (15.3 per cent), 4,953 students (55 per cent) and 2,673 schoolchildren (29.7 per cent), who competed in 101 skills, including the 57 skills of the Abilympics national championship.

114.Children with disabilities and persons who have had disabilities since childhood enjoy special rights in the context of admission to bachelor’s and specialist’s degree programmes.

В.Health and health services, in particular primary health care (art. 24)

115.Thanks to a well-integrated three-level system of medical care for children, the development of technologically advanced medical care and the introduction of new preventive, diagnostic and therapeutic technologies, there has been a steady decline in infant mortality: the rate decreased from 8.6 deaths per 1,000 live births in 2012 to 5.1 per 1,000 in 2018 and 4.3 per 1,000 in January 2019.

116.The maternal mortality rate also decreased, from 11.3 per 100,000 live births in 2013 to 8.8 per 100,000 in 2017.

117.Under a programme for the development of perinatal centres in the Russian Federation over the period 2013–2019, 32 perinatal centres were built in 30 constituent entities of the Russian Federation, making it possible to provide pregnant women, women in labour, women who have just given birth and newborns with accessible and quality medical care, create a three-level system for the organization of medical care for pregnant women and women in labour and reduce infant and maternal mortality in the Russian Federation.

118.Since 2019, a federal project on the development of children’s health care, including the creation of modern infrastructure for providing medical care for children, has been implemented within the framework of a national project entitled “Health Care”, the aim being to reduce infant mortality to 4.5 per 1,000 live births by 2024. Measures will continue to be taken to strengthen the resource base of paediatric facilities, facilitate the introduction of modern, innovative diagnostic, treatment and rehabilitation technologies and create a comfortable environment for mothers and children, thereby increasing the accessibility and quality of medical care for children.

C.Efforts to address the most prevalent health challenges, to promote the physical and mental health and well-being of children and to prevent and deal with communicable and non-communicable diseases

119.In 2018, 95.2 per cent of children of the prescribed age were vaccinated against tuberculosis in a timely manner, 96.8 per cent against diphtheria, 96.6 per cent against pertussis, 95.6 per cent against polio and 97.5 per cent against measles.

120.Between 2014 and 2018, the overall rate of morbidity among children aged under 15 years decreased by 1.1 per cent. Diseases of the respiratory system were the leading cause of morbidity among children in this age group, followed by diseases of the digestive system, diseases of the eye and adnexa, and injury, poisoning or certain other consequences of external causes. Between 2014 and 2018, the prevalence of neoplasms increased by 12.1 per cent, congenital anomalies or chromosomal abnormalities by 7.6 per cent, diseases of the respiratory system by 1.9 per cent and diseases of the nervous system by 1.6 per cent. At the same time, from 2014, the prevalence of mental disorders decreased by 7.5 per cent, diseases of the digestive system by 9.2 per cent and diseases of the skin and subcutaneous tissue by 11.6 per cent.

121.From 2014, the overall rate of morbidity among children aged 15–17 years decreased by 3.1 per cent. The leading causes of morbidity among adolescents are diseases of the respiratory, digestive and musculoskeletal systems and injury, poisoning or certain other consequences of external causes. From 2014, the prevalence of neoplasms increased by 18.0 per cent, endocrine diseases by 5.4 per cent, diseases of the eye and adnexa by 4.5 per cent and diseases of the respiratory system by 1.4 per cent. From 2014, the prevalence of diseases of the digestive system decreased by 16.7 per cent, mental disorders by 15.1 per cent, diseases of the skin and subcutaneous tissue by 13.5 per cent and diseases of the genitourinary system by 10.6 per cent.

122.An analysis of the state of children’s health shows that morbidity remains on an upward trend. However, it should be borne in mind that the introduction of modern diagnostic techniques both among specific groups and at the population level has increased opportunities for detecting a number of diseases in all age groups. Between 2014 and 2018, the number of children aged under 18 years who had undergone check-ups and preventive medical examinations increased by 13.6 per cent, from 23.6 million to 26.7 million. The proportion of children assigned to health groups I and II was 81.1 per cent in 2014 and 83.8 per cent in 2018.

123.As at 1 January 2019, the Russian Federation had 145 children’s homes raising 7,524 children. Of these children, 26.2 per cent were aged under 1 year (compared with 24.5 per cent in 2014) and 19.4 per cent had disabilities (compared with 25.7 per cent in 2014). Between 2014 and 2018, the proportion of children in children’s homes who had physical developmental delays decreased (from 36.9 per cent to 42.4 per cent), as did the proportion with cognitive developmental delays (from 61.8 per cent to 67.1 per cent).

124.As in previous years, the leading causes of morbidity among children in children’s homes were diseases of the respiratory system (accounting for 31.2 per cent of morbidity in 2018, compared with 34.1 per cent in 2014), diseases of the nervous system (16.3 per cent in 2018, compared with 14.1 per cent in 2014) and congenital anomalies or disorders, deformities and chromosomal abnormalities (10.6 per cent in 2018, compared with 10.1 per cent in 2014). In addition, 7,136 children in children’s homes were registered for outpatient observation in connection with an initial diagnosis, which represents 95 per cent of the total number of such children (compared with 79 per cent in 2014). Of the children requiring specialized medical care, technologically advanced medical care or medical rehabilitation care, the percentage who received the required care in each category was 99.5 per cent, 84.4 per cent and 99.8 per cent, respectively (compared with 98.5 per cent, 82.7 per cent and 99.4 per cent, respectively, in 2014).

125.To ensure that children in the risk group, children with special needs and children with genetic disorders are identified at an early stage, the Russian Federation is strengthening its focus on prevention by conducting mass screening for congenital and hereditary disorders and providing federal and regional genetics centres and clinics and other medical organizations within the State health-care system with modern equipment for prenatal and neonatal diagnostic screening, hearing tests, mass preventive examinations for children in all age groups and further training for specialists.

126.Prenatal diagnostic screening is intended to ensure the early detection of hereditary and congenital diseases (child development disorders) prior to birth. The detection of a congenital or hereditary disease prior to birth makes it possible to optimize medical care for women during pregnancy, make appropriate arrangements for childbirth, provide specialized care, including technologically advanced care, to the newborn and develop a programme to further treat and rehabilitate the child as he or she grows, thereby reducing both mortality and disability.

127.Immediately after diagnosis, children with congenital or hereditary diseases detected during neonatal screening are given pathogenetic treatment (specialized therapeutic foods and medication).

128.In order to implement State policy on the provision of specialized therapeutic foods for children with disabilities, and in accordance with Federal Act No. 317-FZ of 25 November 2013 amending a number of legislative acts of the Russian Federation relating to health care, rules on the establishment of a list of specialized therapeutic foods for children with disabilities were drawn up. They were approved by Government Decision No. 333 of 9 April 2015. In accordance with these rules, a list of specialized therapeutic foods for children with disabilities has been approved each year since 2015.

129.The State Strategy to Combat the Spread of HIV in the Russian Federation for the period up to 2020 and beyond was approved pursuant to Government Order No. 2203-r of 20 October 2016. In 2017, in implementation of the Strategy, the National Association of Specialists in HIV Prevention, Diagnosis and Treatment revised its clinical guidelines (treatment protocols) for HIV infection in adults, HIV infection in children and the prevention of perinatal HIV transmission. The new clinical guidelines provide for the use of the latest HIV treatment and prevention regimens recommended by the World Health Organization.

130.The Russian Federation has established a system of medical care for pregnant women, including measures to prevent perinatal HIV transmission from mother to child. In regions with a high HIV burden, the practice of testing the husbands and sexual partners of pregnant women on a voluntary and confidential basis has been adopted to prevent such women from acquiring an infection. These efforts have led to a nearly fivefold reduction in the risk of perinatal HIV transmission in the Russian Federation, to less than 2 per cent, over the past 10 years. In 2018, HIV-infected mothers gave birth to 14,754 children (compared with 15,044 in 2017), of whom 219 were confirmed to have HIV (compared with 235 in 2017). Owing to the widespread implementation among pregnant women and newborns of measures to prevent the vertical transmission of HIV (with coverage of 95.8 per cent during childbirth and 99.1 per cent among newborns), the figures for 2018 show that, if the results of tests administered to children born in the fourth quarter of 2017 are excluded, the risk of vertical transmission was 1.5 per cent.

D.Reproductive health rights of adolescents and measures to promote a healthy lifestyle

131.Creating an environment conducive to healthy lifestyles is an important goal. Children aged under 18 years who consider themselves healthy and wish to learn how to lead a healthy lifestyle and overcome bad habits may turn to one of the children’s health centres opened throughout the Russian Federation since 2011. Children’s health centres provide medical services to the following categories: children visiting the centre for a full examination for the first time during the given year; children whose parents or legal representative made the decision to visit the centre; children or adolescents who themselves decided to visit the health centre; children referred by the medical staff of educational institutions; children in health group I (basically healthy) or health group II (at risk of developing a chronic disease or functional disorder) who have been referred by a treatment facility; and children who are under observation at the health centre.

132.For those living in rural areas who wish to visit a health centre, transportation to a local health centre may be organized at specified times in the week.

133.Approximately 1.1 million children and 5 million adults visit health centres each year. There are plans to create health support teams consisting of preventive medicine specialists, social workers, psychologists, insurance representatives, general practitioners (local doctors) and volunteers in the near future.

E.Measures to prohibit and eliminate all forms of harmful traditional practices, including, but not limited to, female genital mutilation and early and forced marriage (art. 24 (3))

134.In paragraph 38 of the concluding observations, it is recommended that measures should be taken to investigate all acts of violence against women and girls in the North Caucasus. The claims made regarding violence against women and girls in the North Caucasus, including so-called “honour killings” and “bride kidnappings”, early marriages and polygamy in the region, are baseless. There is no evidence that women and girls in the North Caucasus fear retaliation or stigmatization when contacting law enforcement agencies. As no reference is made in the concluding observations to specific, verifiable cases in which the rights of women or girls in the North Caucasus were violated, no detailed information can be provided in this regard. In 2018, the North Caucasus Federal Area recorded the lowest proportion of children who had been victims of crime (3.2 per cent).

F.Measures to protect children’s rights from the illicit use of narcotic drugs and psychotropic substances (art. 33)

135.The provisions of this article are covered in paragraphs 178–182 of the present report.

G.Measures to ensure the protection of children of incarcerated parents and children living in prison with their mothers

136.Managers of penal institutions ensure the necessary conditions for children’s normal life and development. There are 13 children’s blocks in women’s prisons, with 479 children living in them. Women prisoners may visit the children’s block in a penal institution until their children are 3 years old and may socialize freely with them outside working hours. They may be allowed to live together with their children. If women prisoners give their consent, their children may be placed with relatives or, following a decision by a tutelage or guardianship authority, with other individuals until they reach the age of 3 years, after which they are sent to the appropriate children’s establishment. If a child housed in the children’s block in a penal institution has reached the age of 3 years and the remainder of the mother’s sentence does not exceed 1 year, the manager of the penal institution may extend the child’s stay in the children’s block until the day on which the mother completes her sentence.

137.Specialized medical care is provided to pregnant women prisoners and women prisoners during childbirth and in the post-partum period. Optimum conditions are created for the physical and mental development of infants and young children held in places of detention, for maintaining and promoting their health and for preserving and building up an enduring psychological bond between women prisoners and their children. Under Russian law, women prisoners who are pregnant, nursing mothers or accompanied by children are granted additional rights. In places of detention for pregnant women and women with children, better material and living conditions are also ensured, appropriate types of medical care are delivered and higher nutritional standards are laid down.

138.In order to maintain socially useful links with the family, article 89 of the Penalties Enforcement Code of the Russian Federation provides that women prisoners who have a child under the age of 14 years may be granted additional extended visits with the child on weekends and public holidays with accommodation outside the penal institution, but within the municipal unit in whose territory the penal institution is located.

H.Social security and childcare services and facilities (arts. 26 and 18 (3))

139.The Russian Federation retains basic standards guaranteeing social security for children and families with children, while introducing new measures to support families in connection with the birth and upbringing of children (see paragraphs 272, 273, 275, 277 and 278 of the second periodic report, paragraphs 96–99, 148, 149 and 180–182 of the fourth and fifth periodic reports and paragraphs 142–146 of the present report).

140.During the reporting period, the maximum amount of time that one parent may care for a child under the age of 18 months, credited for insurance purposes on a par with periods of work and/or other activities, was increased from 3 to 6 years.

I.Standard of living and measures taken, including material assistance and support programmes with regard to nutrition, clothing and housing, to ensure children’s physical, mental, spiritual, moral and social development, and to reduce poverty and inequality (art. 27 (1–3))

141.The provisions of this article are covered in paragraph 21 of the present report.

142.Paragraph 32 of the fourth and fifth periodic reports contained information on the existing unified system of State benefits in the Russian Federation granted in connection with the birth and upbringing of children, as laid down by Federal Act No. 81 of 19 May 1995 on State Allowances for Families with Children. During the period under review, a number of amendments were made to this Act: changing the procedure for index-linking the amount of State benefits; reducing the number of documents to be submitted by applicants for State benefits, owing to the implementation of interdepartmental information exchange between authorities; and changing the procedure for the granting, index-linking and payment of child allowances established by regulatory legal acts of the constituent entities of the Russian Federation. The right to receive State benefits in connection with the birth and upbringing of children has been granted since 2013 to women studying full-time in vocational education institutions, higher education institutions, further vocational training institutions and scientific organizations, as well as to women performing military service in the National Guard since 2018. The lump sum benefit for fostering a child with disabilities, a child over the age of 7 years, and brothers and sisters has been increased.

143.Since 1 January 2018, as provided by Federal Act No. 418 of 28 December 2017 on Monthly Payments to Families with Children, families whose average income does not exceed 1.5 times the minimum subsistence level for the working population established in a constituent entity of the Russian Federation for the second quarter of the year preceding the year of application receive monthly payments in connection with the birth (adoption) of the first and/or second child in the amount of the minimum subsistence level for children established for the second quarter of the year preceding the year of application. The monthly payment in connection with the birth (adoption) of the first child is made from the federal budget in the form of a subvention to the budgets of the constituent entities of the Russian Federation, while the monthly payment in connection with the birth (adoption) of the second child is made from maternity (family) capital.

144.In accordance with Presidential Decree No. 606 of 7 May 2012 on Measures to Implement the Demographic Policy of the Russian Federation, a monthly cash payment is made in connection with the birth (adoption) of the third child or subsequent children. With regard to constituent entities of the Russian Federation where the demographic situation is unfavourable and the value of the cumulative rate does not exceed 2, expenditure obligations arising from the provision of monthly cash payments are co-financed from federal budget resources. The list of constituent entities of the Russian Federation is approved annually by an order of the Government of the Russian Federation. The procedure and conditions for granting a monthly cash payment and its amount are established by regulatory legal acts of the constituent entities of the Russian Federation.

145.Amendments were also made to Federal Act No. 256 of 29 December 2006 on Additional Measures of State Support for Families with Children, which provides, from 1 January 2007, for additional measures of support, in the form of maternity (family) capital, for families in connection with the birth of a second child or subsequent children. The list of areas in which maternity (family) capital may be used was expanded to include the right to purchase goods and services designed for social adaptation and integration of children with disabilities, as well as (from 1 January 2018) to receive a monthly payment in connection with the birth (adoption) of a second child. The list of areas in which maternity (family) capital may be used, irrespective of the age of the child whose birth (adoption) gave rise to the right to additional measures of State support, was expanded to include: payment of the initial payment and/or repayment of the principal debt and payment of interest on credits or loans granted for the purchase (construction) of housing, including mortgage loans granted to citizens under a credit agreement (loan agreement) concluded with an organization, including a credit organization; purchase of goods and services for the social adaptation and integration of children with disabilities; and payment of educational services for the implementation of preschool education programmes or payment of other costs associated with receiving preschool education. Amendments were also made to improve the mechanism for monitoring the disbursement of maternity (family) capital and to simplify the procedure and reduce the period for obtaining a maternity (family) capital certificate. The maternity (family) capital programme was extended to 31 December 2021.

146.Under Federal Act No. 400 of 28 December 2013 on Insurance Pensions, when an insurance pension for loss of breadwinner is awarded to each child who has lost both parents, the individual pension index is determined by summing up the individual pension indexes of both parents. When the insurance pension for loss of breadwinner is awarded to each child of a deceased single mother, the individual pension index is doubled. On 1 January 2018, a new type of social pension was established – a social pension for children of two unknown parents, for the entire period during which the child is incapacitated and until the child is adopted.

VIII.Education, leisure and cultural activities

A.The right to education, including vocational training and guidance (art. 28)

147.The primary goal in the field of preschool education remains 100 per cent accessibility of such education for children of all ages. Since 2012, the constituent entities of the Russian Federation have been implementing large-scale measures to modernize regional preschool education systems. Federal budget subsidies were allocated by the constituent entities of the Russian Federation to this end, including for the reconstruction, overhaul and repair of existing kindergarten buildings. Thanks to these measures, as of 1 January 2019, the level of accessibility of preschool education for children from 3 to 7 years old in Russia was 99.08 per cent, and in the 73 constituent entities of the Russian Federation it was 100 per cent. On the same date, the availability of preschool education for infants and children from 2 months to 3 years of age was 83.58 per cent. With the aim of implementing Presidential Decree No. 204 of 7 May 2018 on National Goals and Strategic Objectives for Development of the Russian Federation for the Period until 2024, in order to achieve 100 per cent access to preschool education for children aged 18 months to 3 years by 2021, under the national project entitled “Demography”, subsidies are provided to constituent entities of the Russian Federation from the federal budget, as part of a federal project on promotion of women’s employment – creating conditions for preschool education for children under the age of 3 years.

148.As of 1 February 2019, 7.5 million children were receiving preschool education, care and supervision.

149.Access to preschool education is also ensured through development of the non-State sector of preschool education. As part of efforts to modernize regional preschool education systems in the Russian Federation, 45,796 positions were created in the period 2013–2015 in order to support the non-State sector in preschool education; furthermore, 7,893 positions were created in 2016, 9,536 positions were created in 2017 and 11,033 positions were created in 2018. The number of private preschool establishments carrying out educational activities under programmes of preschool education, childcare and supervision increased by a factor of 1.6 from 2013 to 2017. The number of pupils in those private preschool establishments almost doubled during this period (to 111,372 children in 2017).

150.Family preschool groups also increased (as of 1 January 2019, there were 1,767 family preschool groups, attended by 6,497 children), as did groups for preschool-age children at higher education establishments (as of 1 January 2018, 24 vocational and higher education establishments in 11 constituent entities of the Russian Federation included units (groups) carrying out educational activities under programmes of preschool education, childcare and supervision).

151.According to article 67 of Federal Act No. 273 of 29 December 2012 on Education in the Russian Federation and the procedure for admission of citizens to primary, basic and secondary general education approved by Ministry of Education and Science Order No. 32 of 22 January 2014, the rules for admission to basic general education programmes must ensure the admission of all citizens entitled to receive general education. Children of foreign citizens or stateless persons accordingly receive an education in the territory of the Russian Federation on an equal basis with citizens of the Russian Federation.

152.In the context of implementation of the comprehensive action plan for the socioeconomic and ethnocultural development of Roma in the Russian Federation 2013–2014, which aimed to achieve more successful socialization of Roma children in the sphere of education, as well as of the project on development and testing of models to ensure the formation of civic and national identity of children in general education establishments as part of the introduction of federal State standards of general education, carried out under the federal targeted programme for education development 2011–2015, a policy framework was drawn up concerning a Russian-language literacy primer for Roma children who do not speak Russian, and a Roma-language textbook for elementary classes was prepared.

153.By Order No. 1598 of 15 December 2016, the Ministry of Education and Science approved a set of measures aimed at systematically updating the content of general education. The measures were based on the results of monitoring studies and took account of modern advances in science and technology and changes in the needs of students and society. They focused on applying knowledge, skills and abilities in real-life situations; integrating teaching and training activities in basic general education programmes; reducing the extracurricular workload on students, while raising their interest and fostering their utmost involvement in the learning process; and making use of modern technologies and teaching aids.

154.In order to improve the availability and quality of general education in the Russian Federation, the federal “Modern School” project under the national project entitled “Education” provides for subsidies (or other interbudgetary transfers) from the federal budget to the budgets of constituent entities of the Russian Federation for the implementation of: measures to promote the creation in the Russian Federation (based on projected need) of new places in general education establishments; measures to create new places in general education establishments in the constituent entities of the Russian Federation, in order to eliminate the third teaching shift, and to create conditions for the delivery of high-quality general education in the republics of Buryatia, Chechnya, Dagestan, and Ingushetia; and measures to modernize the general education infrastructure in certain constituent entities of the Russian Federation.

155.The policy framework for the development of psychological services in the education system in the Russian Federation for the period up to 2025 was approved in December 2017, and an action plan for its implementation was subsequently adopted. The policy framework defines a strategy for the development of psychological services in the education system of the Russian Federation, based on the continuity of positive work experience and the integration of advances in modern psychological science and practice, and taking into account existing regional practices in psychological services in order to reduce the risk of maladjustment and desocialization of students.

156.In 2018, the secondary vocational education system had 3,659 establishments implementing secondary vocational education programmes, which is one establishment fewer than in 2016. The number of students in these education establishments increased by 154,500 over the period 2016–2018, to 3,006,300 in 2018. In 2016–2018, the number of non-State education establishments delivering secondary vocational education programmes increased by a factor of more than 1.09. In the same period, the number of students in non-State education establishments delivering secondary vocational education programmes increased from 168,100 to 200,100.

157.In accordance with the list of the 50 promising new professions most in demand on the labour market, new federal State standards of secondary vocational education were approved for the professions and specialties that require such an education. The standards were developed by the Ministry of Education and Science, together with the federal educational and methodological associations in the secondary vocational education system, with the direct participation of education establishments, employers and experts from WorldSkills. These standards formulate new general competencies; they take into account the requirements of professional and international standards and advanced technologies; they specify requirements in terms of completion of the curriculum, teaching staff, material and technical facilities, and essential reading; they introduce a mandatory demonstration examination in the final State certification process; and they lay down minimum requirements for completion of the basic activities in the curriculum (acquisition of skills, knowledge and practical experience).

158.In 2018, work continued on implementing proposals developed jointly with employers to encourage private investment in the secondary vocational education system, to expand employers’ participation in the work of vocational education establishments, and to provide State support to secondary vocational education systems in the constituent entities of the Russian Federation in the context of co-financing by employers. In the 75 constituent entities of the Russian Federation, financial support for renovation of material and technical facilities in 2018 amounted to 8.6 billion roubles, including 1.67 billion roubles in extrabudgetary funds from education establishments and 0.44 billion roubles from employers.

159.In 2019, as part of the State programme on education development, federal funding was planned for the creation of resource centres for training in the methodology of secondary vocational education programmes in 28 regions of the Russian Federation; of centres for advanced vocational training in 14 regions of the Russian Federation; and of 700 workshops equipped with the modern material and technical facilities required for each competency.

В.The aims of education (art. 29)

160.The goals and main objectives of education are defined in Federal Act No. 273 of 29 December 2012 on Education in the Russian Federation and in the State programme on education development approved by Russian Government Decision No. 1642 of 26 December 2017, together with the measures included therein from the federal targeted programme for education development 2016–2020 approved by Russian Government Decision No. 497 of 23 May 2015, as well as in the national project entitled “Education” approved in 2018.

C.Cultural rights of children belonging to Indigenous groups or ethnic, religious or linguistic minority groups (art. 30)

161.Paragraph 64 of the concluding observations indicated the need to take measures to preserve the cultural and linguistic identity and heritage of indigenous children. To this end, the Strategy for National State Policy of the Russian Federation until 2025, approved by Presidential Decree No. 1666 of 19 December 2012, is being implemented in the Russian Federation, aimed at strengthening inter-ethnic harmony and civil unity, supporting the ethnocultural and linguistic diversity of the Russian Federation, prohibiting discrimination on the basis of social, racial, ethnic, linguistic or religious affiliation, and preventing extremism and conflict on ethnic and religious grounds. Information on this issue and comments on the above-mentioned concluding observation are contained in paragraphs 216–224 of this report.

D.Rest, play, leisure, recreation and cultural and artistic activities (art. 31)

162.Organizations promoting children’s health and leisure operate in accordance with Federal Act No. 124 of 24 July 1998 on Fundamental Guarantees of Children’s Rights and with Ministry of Education and Science Order No. 656 of 13 July 2017 on approval of the model regulations for organizations promoting children’s health and leisure. In order to protect children’s rights to and legitimate interests in leisure and health promotion, the Ministry of Education issued Order No. 6 of 23 August 2018 on approval of a model form of agreement for an organization promoting children’s health and leisure. To further develop the area of organizing children’s leisure and health promotion, as well as to create safe conditions for the organization of such activities, Government Order No. 978 of 22 May 2017 approved the foundations of State regulation and State control of the organization of leisure and health promotion for children, which are currently being implemented by the Ministry of Education together with interested State authorities and organizations promoting children’s health and leisure.

163.During the 2018 health promotion campaign, 47,200 organizations promoting health and leisure were in operation, including 2,000 seasonal or year-round organizations, 36,600 day camps organized by educational bodies for students during the vacation season, 4,200 children’s labour and recreation camps, 1,500 children’s tented camps, 2,200 specialized (profile) children’s camps and children’s camps in various subject areas, as well as 400 year-round sanatoriums/health promotion camps (medical establishments offering treatment and preventive care). During the 2018 health promotion campaign, 7 million children, including 2 million children in a difficult life situation, were sent to leisure and health promotion facilities; this is more than 37 per cent of the total number of children from 6 to 17 years old.

164.For more than 10 years, the Russian State Children’s Library and regional children’s libraries in the Russian Federation have regularly held events on safe Internet use and promotion of positive content for children and adolescents, supported by the Regional Public Centre for Internet Technologies. Each year, the Russian State Children’s Library organizes an all-Russian “Safe Runet Week” in the country’s libraries.

165.In order to support and develop children’s reading and to preserve and transmit the literary tradition and the wealth of resources of the national children’s literature, the Russian State Children’s Library has been carrying out a project since 2012, with the support of the Ministry of Culture, on a national electronic library for children (a constituent part of the national electronic library). There are currently about 17,000 items in the collection, and more than 480 virtual reading rooms have been opened.

166.In order to identify gifted children at an early age, to create conditions for their artistic and aesthetic education and to enable them to acquire knowledge, skills and abilities in the field of art and to gain experience of creative activity, as well as to prepare them for vocational education in the arts, there is a network of education establishments (children’s art schools) that offer supplementary education for children in the various branches of art.

167.Overall, children account for 40 per cent of all users of the libraries operated by the Ministry of Culture, half of which have specialized children’s libraries. The network of school libraries consists of approximately 40,000 facilities.

168.One of the main objectives of the Ministry of Culture is to create, with State financial support, fictional, animated, documentary and popular science films aimed at the patriotic education of Russians and to give expression to the spiritual and moral principles that correspond with the interests of Russian statehood.

IX.Special protection measures

A.Children outside their country of origin seeking refugee protection (art. 22), unaccompanied asylum-seeking children, internally displaced children, migrant children and children affected by migration

169.Information on this section can be found in paragraphs 240–241 and 243–244 of the fourth and fifth periodic reports.

170.In accordance with the rules for detention (stay), in special facilities of the Ministry of Internal Affairs or its local agency, of foreign citizens (stateless persons) subject to administrative expulsion from the Russian Federation in the form of compulsory deportation, deportation or readmission, as approved by Government Decision No. 1306 of 30 December 2013, foreign nationals or stateless persons admitted to such facilities with minor children shall be detained together in separate premises. Foreign minors and stateless persons detained in special facilities together with their parents or other close adult relatives of foreign nationals are provided with separate meals, in line with the standard set out in the annex to those rules.

171.Paragraph 62 of the concluding observations pointed to the need to amend the Federal Refugees Act in order to eliminate additional criteria for being accepted as a refugee in the Russian Federation. However, we believe that the content of the concept of “refugee” in article 1 of the Federal Refugees Act No. 4528-1 of 19 February 1993 corresponds to the characteristics of the concept of “refugee” as defined in article 1 of the Convention relating to the Status of Refugees of 28 July 1951.

B.Children in armed conflict (art. 38)

172.The provisions of this article are covered in paragraphs 247 and 248 of the fourth and fifth periodic reports.

173.In accordance with Federal Act No. 53 of 28 March 1998 on military duty and military service, citizens of the Russian Federation between the ages of 18 and 27 years are subject to call-up for military service, unless they are subject to deferment of call-up. In accordance with article 24 of this federal Act, deferment applies to citizens studying full-time in education establishments, including military higher education establishments, on State-accredited programmes of specialization during the period of their study. In pre-university education establishments (colleges) of the Ministry of Defence, as well as in other general education establishments of the Russian Federation, students learn the basics of military service and military training and are introduced to types of military weapons and equipment within the integrated course entitled “Basics of life safety”, the study of which is provided for in the State federal educational standards approved by the Ministry of Education. The basics of military training are not studied as a separate subject in general education establishments of the Russian Federation, including Russian Ministry of Defence colleges. The general education programmes delivered in Russian Ministry of Defence colleges meet State federal educational standards.

174.Teaching in colleges is carried out by highly professional teaching staff. Persons with the necessary vocational and pedagogical qualifications that meet the requirements of those characteristic of the position and specialty concerned, as confirmed by State documentation on the level of education and/or qualifications, are accepted for teaching work in Russian Ministry of Defence colleges. The degree of a child’s personal interest in learning is determined in a preliminary conversation with the psychologist of the education establishment when he or she enters college.

175.In addition, admission to Ministry of Defence colleges is on a competitive basis; a candidate wishing to study in the college must pass tests in physical training as well as in knowledge of general subjects. The training and recreation of students attending residential colleges is organized in accordance with the daily schedule and charter of the education establishment. The general military regulations of the Armed Forces of the Russian Federation do not apply to organization of the training and educational process in colleges. Violations of internal regulations do not lead to imposition of the disciplinary penalties applied to service personnel. In addition, the permanent staff of Russian Ministry of Defence colleges does not include military positions. In accordance with their statutes, Russian Ministry of Defence colleges, when implementing general education programmes, ensure that conditions are met for protecting and monitoring students’ health on an ongoing basis, carrying out hygiene, disease prevention and health promotion measures, and complying with State sanitary and epidemiological rules and regulations. In this connection, the special needs of female students in education establishments operated by the Russian Ministry of Defence are met on a mandatory basis (see paragraph 10 of the concluding observations following consideration of the initial report of the Russian Federation on implementation of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict).

C.Children in situations of exploitation, including physical and psychological recovery and social reintegration (art. 39)

1.Economic exploitation, including child labour (art. 32)

175.Issues concerning child and adolescent labour, including the minimum age for employment, are covered in paragraphs 267–270 and 272–273 of the fourth and fifth periodic reports.

176.According to article 63 (2) of the Labour Code of the Russian Federation, persons who have received a general education and have reached the age of 15 years may enter into an employment contract to perform light work not harmful to their health. In accordance with Federal Act No. 139 of 1 July 2017 amending the Labour Code, article 63 (2) of the Code was supplemented with a provision under which persons who have reached the age of 15 years and who have left a general education establishment before receiving a basic general education or who have been expelled from that establishment and continue receiving a general education in another form of training may enter into an employment contract to perform light work that does not harm their health and cause detriment to their educational programme.

177.With the written consent of one of the parents (guardian) and the tutelage or guardianship authority, an employment contract may be concluded with a person who has received a general education and has reached the age of 14 years to perform light work that does not harm his or her health, or with a person receiving general education who has reached the age of 14 years to perform light work in his or her free time, which does not harm his or her health or cause detriment to his or her educational programme.

2.Drug abuse, use of children in illegal production of and trade in narcotic drugs and psychotropic substances (art. 33)

178.Federal Act No. 317 of 25 November 2013 amending a number of legislative acts of the Russian Federation and repealing a number of provisions of legislative acts of the Russian Federation on the protection of citizens’ health in the Russian Federation introduced provisions to Federal Act No. 3 of 8 January 1998 on Narcotic Drugs and Psychotropic Substances, stating that drug treatment is provided to drug abusers upon their informed voluntary consent to medical intervention, obtained in the manner laid down by health care legislation, and to minor or underage drug abusers upon informed voluntary consent to medical intervention given by the parents or a legal representative (with the exception of cases laid down by the law of the Russian Federation where minors acquire full legal capacity before they reach the age of 18 years).

179.The ratio of adolescent drug-related crime to the total number of crimes committed by juveniles increased by 1.2 per cent, from 2.8 per cent in 2011 to 4 per cent in 2018. At the same time, the number of drug trafficking crimes involving minors decreased by 14.6 per cent (from 2,045 in 2011 to 1,747 in 2018). The number of juveniles who committed these crimes decreased by 7.9 per cent (from 2,088 in 2011 to 1,924 in 2018) and the number of juveniles who committed crimes while under the influence of drugs decreased by 30.5 per cent (from 236 in 2011 to 164 in 2018). In those seven years, the number of underage drug users decreased by 6.5 per cent (from 7,082 in 2011 to 6,625 in 2017). In three years, the situation related to the involvement of minors in the use of illegal substances changed. In 2016, the number of adolescents involving their peers in illegal acts increased by almost half (48.4 per cent) (33 in 2015; 64 in 2016). However, in 2017–2018, no juvenile offenders were identified under this article.

180.Drug demand reduction is ensured by a set of measures in the area of prevention of drug use and related offences and of antisocial actions. They include measures to identify and eliminate the causes and conditions that contribute to the spread and use of drugs, especially among adolescents and young people. In order to heighten people’s awareness of drug abuse and drug-related crime, to increase trust in the law enforcement agencies engaged in combating illicit drug trafficking, and to form an anti-drug outlook among adolescents and young people, 95,000 prevention activities (round tables, conferences, talks, lectures, sports and creative contests) were conducted, covering a total of more than 2.2 million people.

181.Work continued to be done jointly with representatives of Russian Cossack communities in the area of prevention of non-medical consumption of narcotic drugs and psychotropic substances, including among adolescents and young people. A set of measures aimed at developing a volunteer-based anti-drug movement is being implemented.

182.The work of centres for psychological and educational correction, rehabilitation and resocialization of minors who admit to using psychoactive substances was monitored. Taking account of optimization and reorganization, the network of specialized centres under various departments in constituent entities of the Russian Federation currently consists of 53 centres for psychological and educational rehabilitation and correction of minors and 180 centres for psychological, educational, medical and social assistance. The task of preventing asocial and addictive behaviour (drug use) among minors is being tackled using the existing infrastructure.

3.Sexual exploitation and sexual abuse (art. 34)

183.Over the reporting period, amendments have been made to Russian legislation aimed at combating the exploitation of children through the sale of children, child prostitution and child pornography. Criminal liability for crimes of a sexual nature committed against minors has been increased; acts related to the sexual exploitation of minors, such as obtaining sexual services from a minor or using a minor for the production of pornographic materials or items, have been criminalized; and administrative liability of legal persons for offences related to sexual exploitation has been established (see also paragraphs 24–26 of the present report).

184.The adoption of Federal Act No. 14 of 29 February 2012 on Amendments to the Criminal Code of the Russian Federation to Increase Liability for Crimes of a Sexual Nature Committed against Minors had permitted the decriminalization of actions falling under the elements of crimes provided for by article 134 (Sexual intercourse and other actions of a sexual nature with a person under 16 years of age) and article 135 (Indecent assault) of the Criminal Code, if they were committed against persons from 14 to 16 years old who had attained sexual maturity; that measure of decriminalization has been removed.

185.In accordance with Federal Act No. 58 of 5 April 2013 on Amendments to a Number of Legislative Acts of the Russian Federation to Prevent Trafficking in Children, Their Exploitation, Child Prostitution, and Activities Related to the Production and Circulation of Materials or Items with Pornographic Images of Minors, amendments have been made to the legislation of the Russian Federation to establish the liability of legal entities for violations of the rights and lawful interests of children and causing them harm, and provisions have been added to the Code of Administrative Offences of the Russian Federation to establish the liability of legal entities for creating the conditions for the sale and/or exploitation of children and for the production and circulation of materials or items with pornographic images of minors.

186.The issues of sexual exploitation of children in travel and tourism are not relevant to the Russian Federation (paragraphs 24 and 25 of the concluding observations following consideration of the initial report of the Russian Federation on implementation of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and pornography).

4.Sale, trafficking and abduction (art. 35)

187.The absence of definitions of child prostitution and the sale of children was noted in paragraph 27 (a) of the concluding observations following consideration of the initial report of the Russian Federation on implementation of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and pornography. However, the terms “sale of children”, “child prostitution” and “exploitation of children” are listed in paragraphs 11 and 12 of article 1 of Federal Act No. 124 of 24 July 1998 on Fundamental Guarantees of Children’s Rights in the Russian Federation, as was pointed out in paragraphs 10–12 of the aforementioned initial report on implementation of the provisions of the Optional Protocol.

188.As part of implementation of the Programme of Cooperation between the Member States of the Commonwealth of Independent States (CIS) on Combating Trafficking in Human Beings 2014–2018, approved by Decision of the Council of CIS Heads of State of 25 October 2013, the relevant convention was developed and approved by Decision of the Council of CIS Heads of State of 10 October 2014.

189.Procuratorial authorities pay attention to the problem of Russian citizens going abroad for purposes of work and sexual exploitation under the guise of modelling agencies, employment firms, international dating services, language courses abroad and travel agencies.

190.In view of the fact that illegal migrants are often victims of trafficking in persons, procuratorial authorities monitor compliance with migration law by migration registration and control agencies and by law enforcement agencies. In doing so, procurators proceed from the premise that it is unacceptable for victims of trafficking who are illegal migrants to be detained and deported. Measures in relation to such persons are aimed at restoring their violated rights.

191.In order to develop the legal framework for cooperation with foreign States on preventing, resolving and suppressing crimes related to trafficking in persons, especially women and children, the Russian Ministry of Internal Affairs in 2018 concluded a Protocol on Cooperation on Combating Organized Crime in the Caspian Sea to the Agreement on Cooperation in the Field of Security in the Caspian Sea of 18 November 2010, and an agreement on cooperation with the Ministry of Security of the Argentine Republic (paragraph 35 of the concluding observations following consideration of the initial report of the Russian Federation on implementation of the provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and pornography).

192.An exchange of experience in organizing work on combating trafficking in persons and protecting victims of such crimes took place in 2018, within the framework of round tables on combating violence and discrimination organized by the Council of Europe, together with the Russian State University of Justice; the eighteenth high-level conference of the Organization for Security and Cooperation in Europe Alliance against Trafficking in Persons; the conference to commemorate the tenth anniversary of the entry into force of the Council of Europe Convention on Action against Trafficking in Human Beings; the eighth session of the Working Group on Trafficking in Persons and the eleventh session of the Working Group on the Smuggling of Migrants, established within the framework of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime; the international workshop on mutual legal assistance in criminal cases involving trafficking in persons and smuggling of migrants, organized by the United Nations Office on Drugs and Crime jointly with the Office of the Procurator General of Kyrgyzstan; and the sixteenth meeting of Procurators General of States members of the Shanghai Cooperation Organization.

5.Other forms of exploitation (art. 36)

193.The legislation of the Russian Federation also protects children from other forms of exploitation prejudicial to their legitimate rights and interests, this includes the protection of housing and property rights (see paragraph 273 of the fourth and fifth periodic reports).

194.The National Security Strategy, approved by Presidential Decree No. 683 of 31 December 2015, and the Information Security Doctrine, approved by Presidential Decree No. 646 of 5 December 2016, set goals and objectives for children’s information security. These documents prohibit the distribution, through electronic media, of programs that promote pornography, violence and cruelty, and antisocial behaviour (see also paragraphs 71–73 of the present report).

D.Children in conflict with the law, victims and witnesses

1.The administration of juvenile justice (art. 40), the existence of specialized and separate courts and the applicable minimum age of criminal responsibility

195.The Criminal Code provides that a person who has reached the age of 16 years at the time of committing an offence is criminally liable. However, there is a list of offences that are committed intentionally and known by the perpetrator to present a particular danger to society for which a person who has reached the age of 14 years may be held liable. Pursuant to Federal Act No. 375-FZ of 6 July 2016 on Amendments to the Criminal Code and the Code of Criminal Procedure of the Russian Federation regarding the Establishment of Additional Counter-Terrorism and Public Security Measures, the list of such offences was expanded to include failing to report a terrorist offence, facilitating extremist activities and committing an act of international terrorism.

196.The judicial statistics compiled by the Judicial Department of the Supreme Court of the Russian Federation show that, in 2017, 20,634 minors were convicted of offences of all categories, and 17,152 of them (83.1 per cent) received a non-custodial sentence. In the first half of 2018, 9,598 minors were convicted, and 7,990 of them (83.3 per cent) received a non-custodial sentence.

197.In 2018, the Penalties Enforcement Inspectorate registered 3,583 minors sentenced to community service (32 per cent of all minors registered with the Inspectorate). The penalty of work of a punitive nature is less commonly imposed on minors. In 2018, it was imposed on 14 convicted minors (0.26 per cent of all minors registered with the Inspectorate). It is even less common for the criminal law penalty of a deferred sentence to be imposed on a minor. In 2018, 17 minors in the category of offenders with deferred sentences were registered with the Inspectorate (0.15 per cent of all minors registered with the Inspectorate). Convicted minors serving suspended sentences make up the largest category of those registered with the Inspectorate. In 2018, approximately 6,200 convicted minors serving suspended sentences were registered with the Inspectorate (55.2 per cent of all minors registered with the Inspectorate).

198.In 2018, 60.9 percent of all convicted minors who were removed from the Penalties Enforcement Inspectorate register were removed once the probation period had ended as a result of the revocation of the suspended sentence and the expungement of the record of conviction. The extension of the probation period and the imposition of additional obligations are crucial to preventive work involving convicted minors serving suspended sentences. In 2018, of all convicted minors registered with the Inspectorate, 5.4 per cent had their probation period extended at the Inspectorate’s recommendation, and additional obligations were imposed on 5 per cent of minors with court-imposed obligations. As a result of the preventive work carried out, there has been a downward trend in the recidivism rate among minors who received non-custodial sentences(-8.17 per cent).

2.Children deprived of their liberty, and measures to ensure that any arrest, detention or imprisonment of a child shall be used as a measure of last resort and for the shortest appropriate time and that legal and other assistance is promptly provided (art. 37 (b)-(d))

199.Information on respect for the rights of accused minors during the consideration of criminal cases involving them is provided in paragraphs 240 and 241 of the combined fourth and fifth periodic reports. The Procurator General of the Russian Federation adopted Order No. 74 of 14 November 2017 on procuratorial oversight of respect for the rights of minors at the pretrial stages of criminal proceedings.

200.The Russian Federation is taking an array of consistent measures to make penalties enforcement law more humane and improve the situation of remand and convicted prisoners. A targeted federal programme for the development of the penal correction system over the period 2018–2026, which is also intended to achieve these aims, was approved pursuant to Government Decision No. 420 of 6 April 2018.

201.As at 1 January 2019, 939 minors suspected or accused of committing offences were being held at 211 remand centres within the penal correction system.

202.Article 80 of the Penalties Enforcement Code stipulates that men and women serving custodial sentences at correctional facilities should be held separately, as should adults and minors. In accordance with article 76 (2) of the Code, adults and minors serving custodial sentences must be held separately when they are transferred under escort. Under article 99 (6) of the Code, convicted minors are entitled to improved living conditions and higher nutritional standards.

203.Minors who are suspected or accused of offences are held at one of 135 remand units, where appropriate conditions have been created and education is provided, including via distance learning technologies, at general education institutions reporting to the executive authorities of the constituent entities of the Russian Federation. At the beginning of the 2017/18 academic year, 1,046 minors suspected or accused of committing offences began a course of education. The figures for the year show that 12 persons received primary general education, 228 basic general education and 144 secondary general education.

204.As at 1 January 2019, there were 23 young offenders’ institutions operating in the Russian Federation. Of these, 21 were for male prisoners and 2 for female prisoners. These institutions had a capacity limit of 5,897 (compared with 5,909 on 1 January 2018). As at 1 January 2019, there were 1,309 minors serving sentences (compared with 1,395 on 1 January 2018).

205.Information on conditions for convicted minors at young offenders’ institutions is provided in paragraphs 249–251 of the combined fourth and fifth periodic reports. As at 1 January 2019, convicted minors serving sentences at institutions in the correctional system received 100 per cent of the supplies to which they were entitled under the approved standards.

206.At young offenders’ institutions, medical treatment and disease prevention services are provided by the physicians on the staff of the medical unit in their respective specialties. Where medical care cannot be provided at the medical unit of a young offenders’ institution, prisoners may receive the necessary treatment at medical facilities within the State or municipal health-care system. To ensure the provision of specialized, advisory and inpatient medical care, young offenders’ institutions are attached to nearby regional, provincial, city or district hospitals by agreement with the local health authorities. The provision of medical care for remand and convicted prisoners is regulated by Order No. 285 of the Ministry of Justice of 28 December 2017 approving the procedure for organizing medical care for remand and convicted prisoners.

207.A federal law has been drafted to amend articles 73 and 81 of the Penalties Enforcement Code. Its provisions will also apply to minors sentenced to deprivation of liberty. The draft states that, where possible, upon written application by a prisoner who has been sent to serve a sentence in the manner prescribed by article 73 (1), (2) or (3) of the Criminal Code or, with his or her consent, by a close relative, the federal agency responsible for the penal correction system may decide that he or she should be transferred from one correctional institution to another, of the same type, located in a constituent entity of the Russian Federation in which one of his or her close relatives resides or, if no place can be found at a correctional institution in the constituent entity in question, to a correctional institution in the nearest constituent entity in which a place can be found; only one such transfer may be granted during a prisoner’s sentence.

208.Pursuant to Federal Act No. 203-FZ of 19 June 2018 on Amendments to Article 18.1 of the Federal Act on the Custody of Suspects and Accused Persons and to the Federal Act on Public Oversight of Respect for Human Rights in Places of Detention and on Assistance for Persons Held in Places of Detention, improvements were made to the procedure to be followed by public monitoring commissions in overseeing respect for human rights in places of detention. The Federal Act establishes, inter alia, a special procedure for documenting violations of the rights of minors in places of detention. In places of detention, a minor may thus be filmed, photographed or videotaped with the consent of one of his or her parents or another legal representative and his or her own consent. In this regard, the minor may withdraw such consent. Public monitoring commissions currently operate in 83 constituent entities of the Russian Federation.

3.The sentencing of children, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a)) and the existence of alternative sanctions based on a restorative approach

209.Information on this matter is provided in paragraph 255 of the combined fourth and fifth periodic reports.

4.Physical and psychological recovery and social reintegration of children at young offenders’ institutions (art. 39)

210.In accordance with article 141 of the Penalties Enforcement Code, as part of efforts to rehabilitate persons sentenced to deprivation of liberty and prepare them to live independently, a holistic educational framework has been put in place to instil in them respect for law and order and a conscientious attitude to work and study, provide vocational training, allow them to receive secondary vocational education and raise their educational and cultural level. In accordance with article 108 of the Code, at young offenders’ institutions, secondary vocational education is provided through programmes to train skilled workers and employees and vocational training through training workshops. Convicted minors are permitted to study at higher and vocational education institutions via distance learning.

211.At beginning of the 2017/18 academic year, 1,165 prisoners began a course of education. The figures for the year show that 4 persons received primary general education, 329 persons basic general education and 202 persons secondary general education. In addition, 47 persons completed remedial classes. In 2018, 69 students underwent final State assessment in the form of the unified State examination.

211.There are currently 15 vocational education institutions and 7 branches of such institutions providing educational activities at young offenders’ institutions. Training is provided in more than 20 trades in demand at factories operated by correctional facilities and in the labour markets of the constituent entities of the Russian Federation.

212.As part of the social rehabilitation of the offenders, social protection teams have been formed and are operating effectively at each institution. Six months before release, notifications are sent to city or district administrations, internal affairs agencies, employment centres, commissions for minors and their rights and, in the case of orphaned children, tutorship and guardianship agencies. Upon release from the institution, young offenders are provided with a prisoner’s social card, wage slips and a record of hours worked in respect of their time at the institution, financial assistance and money for travel to their place of residence. In addition, telegrams are sent to their parents. In the case of orphaned children, upon release, they are all sent to boarding schools, children’s homes and rehabilitation centres under escort by officers from the institution.

213.In 2018, with the support of the Penalties Enforcement Inspectorate, social, psychological and other assistance was provided to 9,761 convicted minors (99.6 per cent of the total number of minors in need of such assistance). Of these, 700 persons were placed in a job; 140 received financial assistance; 144 were provided with medical care; 109 obtained documents or had lost documents replaced); 70 learned a trade; 592 were provided with summer recreational opportunities; 3,074 received assistance in organizing leisure activities; and 8,785 were examined by psychologists working for the Inspectorate.

214.In paragraphs 69 and 70 of the concluding observations, the Committee expressed concern at the amendments adopted in 2008 to lower the age of adulthood for prisoners at young offenders’ institutions from 21 to 19 years. Prisoners remained at young offenders’ institutions until they reached the age of 21 years in order to consolidate the rehabilitation process or to allow them to complete general education or vocational training. However, the proportion of prisoners at young offenders’ institutions who were aged 18–21 years, which had increased from 17.8 per cent to 32 per cent, was hampering rehabilitation efforts, since a wide range of ages was represented (from 14 to 21 years). An analysis of the level of crime showed that the majority of offences committed while serving custodial sentences were perpetrated by persons aged 18–21 years or persons under their influence. In 2007, of the 34 such offences committed, 21 were committed by adult prisoners. The adult prisoners were exerting a negative influence on the adolescents held at young offenders’ institutions, which was disrupting the ordinary activities of these institutions. There was no justification for treating adult prisoners as minors, which was undermining the principle that adults and minors should be held separately. The Committee’s recommendation that adults should be held at young offenders’ institutions until they reach their mid-twenties cannot be accepted.

5.The training activities developed for all professionals involved with the system of juvenile justice, including judges and magistrates, prosecutors, lawyers, law enforcement officials, immigration officers and social workers, on the provisions of the Convention

215.With regard to the recommendation to provide adequate and systematic training for law enforcement officials (concluding observations, para. 7 (b)), it should be noted that, in 2018, two significant events on the topic of the protection of children’s rights were held at the University of the Office of the Procurator: a round table on the activities of procurator’s offices in protecting the rights of children in extremely difficult social situations (children with disabilities, orphaned children and children living in families in remote and hard-to-reach areas) and a seminar on the topic “Specific features of investigative actions involving minors: theory and practice”, which was attended by the Presidential Commissioner for Children’s Rights, the First Deputy Procurator General and representatives of the Offices of the Procurators General of the members of the Commonwealth of Independent States.

E.Children belonging to an ethnic, religious or linguistic minority or Indigenous group (art. 30)

216.Since 2017, with the participation of Finland and Canada and within the framework of the Sustainable Development Working Group of the Arctic Council, the Federal Agency for Ethnic Affairs and the Association of the Numerically Small Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation have been jointly implementing an international project entitled “Children of the Arctic”. The project is geared towards conducting and evaluating, alongside experts from the States members of the Arctic Council, research into best practices in the area of free preschool education for the children of the numerically small Indigenous Peoples of the North, the aim being to ensure that such children study the history of their people and, alongside Russian, their native language and that they gain and preserve knowledge about traditional natural resource management. In 2018, the Federal Agency for Ethnic Affairs developed an official website for the International Year of Indigenous Languages in the Russian Federation, which is intended primarily for researchers, teachers, speakers of such languages and all those involved in language preservation as professionals or volunteers.

217.Under a State programme entitled “Implementation of State ethnic policy”, which was approved by Government Decision No. 1532 of 29 December 2016, federal budget subsidies are granted to the constituent entities of the Russian Federation in which the numerically small Indigenous Peoples of the North, Siberia and the Far East live in order to support their economic and social development.

218.In accordance with Presidential Decree No. 611 of 26 October 2018, the Foundation for the Preservation and Study of the Indigenous Languages of the Peoples of the Russian Federation was established to create conditions for the preservation and study of the native languages of the peoples of the Russian Federation, which are a national treasure and a part of the historical and cultural heritage of the Russian Federation. Its main objective is to create the conditions for: preserving and comprehensively developing the native languages of the peoples of the Russian Federation; expanding opportunities for educational institutions to uphold the rights of students and their parents to freely choose their language of education, instruction and training from among the languages of the peoples of the Russian Federation; ensuring the preparation, expert assessment and publication of educational, instructional and other literature in the languages of the peoples of the Russian Federation; updating dictionaries of the native languages of the peoples of the Russian Federation; training professionals in these areas; and organizing research on the native languages and cultures of the peoples of the Russian Federation.

219.The federal State educational standards for preschool, primary general and basic general education provide that students whose native language is one of the languages of the peoples of the Russian Federation may be educated in that language and that students may study the official languages of the republics of the Russian Federation and, if their native language is one of the languages of the peoples of the Russian Federation, may study that language, including Russian as a native language. To harmonize the provision of education across the Russian Federation, the Ministry of Education is carrying out comprehensive work to update the content of general education by specifying – in the federal State educational standards for general education at the primary, basic and secondary levels – the core content of the compulsory component of basic general education programmes, including for individual subjects within the subject areas “Native language and literature and reading in one’s native language” and “Native language and native literature”.

220.In addition to Russian, as the State language of the Russian Federation, 24 of the official languages of the republics that make up the country are used as languages of instruction, and 73 of the languages of the peoples of Russia may be studied as subjects. Moreover, literature is studied as a subject in the languages of the indigenous peoples of Russia, as are geography and local history in some of the country’s constituent entities.

221.The system of general education in the regions of the North, Siberia and the Far East includes general educational institutions with an ethnocultural component, mobile educational institutions operating as separate legal entities and mobile schools operating as branches of educational institutions. Mobile schools are currently operational in the Sakha Republic (Yakutia) and the Yamal-Nenets Autonomous Area, and nomadic education is also being developed in Taimyrsky Dolgano-Nenetsky and Evenkiisky Districts of Krasnoyarsk Territory and in Amur Province.

222.The Institute of the Peoples of the North at Herzen State Pedagogical University of Russia plays an important role in training staff for the regions of the North, Siberia and the Far East in relevant languages. In addition, at the request of the constituent entities of the Russian Federation, professionals who are members of the numerically small indigenous peoples of the North, Siberia and the Far East receive training at the M.K. Ammosov North-Eastern Federal University, Yugra State University, Gorno-Altaisk State University, Buryat State University, Khanty-Mansiysk Technical Teacher Training College, Petrozavodsk Teacher Training College and other vocational and higher educational institutions.

223.The policy framework for teaching the languages of the peoples of the Russian Federation as native languages is currently under development. In this context, special attention will be paid to the teaching of the languages of the numerically small Indigenous Peoples of the North, Siberia and the Far East.

224.In paragraph 64 of the concluding observations, the Committee expressed concern about the state of health care in remote villages and the nutritional status of the children of the indigenous minorities of the North. Measures are being taken to improve the availability and quality of medical care in sparsely populated and hard-to-reach areas: a network of medical institutions has been developed, over 35 new obstetric stations and outpatient clinics have been built and at least another 1,200 that were in disrepair have been rebuilt, and more than 1,300 mobile diagnostic systems have been acquired for the those living in rural settlements. An air ambulance service is actively being developed to provide medical assistance to those living in remote and hard-to-reach areas. In 2018, approximately 6,700 flights were carried out, and over 9,000 patients, including almost 2,000 children, were evacuated and received timely assistance. Of these children, 724 were aged under 1 year.