Unfortunately, in our country there are many children who, for one reason or another, have no parents. In this article I want to talk about what rights an orphan has and who is responsible for their implementation.
About the concept
First of all, it is necessary to determine the main concepts that we will operate with throughout the article. So, let's see who needs to be called an orphan. These are children who have not reached the age of majority, that is, 18 years of age, and whose parents have died (one or both). However, there are children left without parental care. This category includes those children whose parents do not fulfill their duties for certain reasons (detention, disappearance, treatment in special institutions, etc.) or are deprived of parental rights. These are not orphans. Do not confuse these two concepts.
Child protection
Thanks to whom can an orphan feel that his rights are protected? Special state bodies are engaged in this. So, these will be:
- guardianship authorities;
- social welfare agencies;
- juvenile commissions;
- Commissioners for the rights of the child.
It is worth saying that the activities of all these services are closely monitored by the prosecutor's office, conducting periodic inspections. Persons who do not fulfill their duties are punished according to the letter of the law.
Substantive rights
So, what rights does an orphan child have? It is worth saying that they are divided into two categories: tangible and intangible (the right to education, recreation, labor, etc.). As for the side of providing the child with everything necessary for his existence, then he has the right to free accommodation in a boarding school, as well as to free full-fledged meals. Also, twice a year, the child must undergo a full medical examination. The state is obliged to fully provide such children with clothes and all the items necessary for learning. And when they graduate from the boarding school, they are entitled to a certain amount for the device of their life. Important is the fact that orphans should receive payment for work that was performed during the internship or vocational training. Also, pupils of boarding schools have the right to free travel in public transport (except for taxis), they can receive free trips to various sanatoriums and health camps. And, of course, after graduation from an orphanage, an orphan has the right to receive free social housing.
Intangible Rights
Children who have remained orphans also have a complex of intangible rights. First of all, this is the right to education. This means that a child, whatever his status, should receive a full-fledged high-quality education (including in a boarding school). Also, when entering higher education institutions, such children have the right to study at the courses, they have certain benefits for other children (at the time of admission). It is also worth mentioning that orphans can receive higher education free of charge, the state pays for everything. In addition, they are entitled to a special scholarship, regardless of grades. What else can be called the rights of orphans? Of course, the right to work. What does this mean? A citizen who is looking for work for the first time and is registered with the employment service has the right to receive the first six months of the search for the average salary at the place of residence. If, however, there is a reduction in the workplace where the orphan works, the employer must re-train such an employee and continue to arrange for him in his specialty to a new place of work.
Right to housing
Be sure to say that orphans have the right to housing, which the state is obliged to provide them. This is one of the social guarantees that it provides to this category of the population. However, today there are nuances in the legislation, which, for certain reasons, has been slightly changed.
Legislative changes
So, how is housing provided for orphans today? If earlier they were out of turn to be able to get free square meters under a
social contract of
employment right after they left the walls of various educational institutions (as well as after completing their sentences, military service, etc.), today it is not so simple. Some amendments and changes were made to the legislation in order to optimize the process of obtaining housing by such persons. If before, orphans could immediately privatize their housing after receiving it, today it is impossible. Square meters are issued under a contract of specialized employment for up to 5 years. At the same time, there are certain nuances: this housing cannot be rented out, sold, transferred to other persons, changed, or privatized.
Reasons for change
Why has everything turned so, for what purpose were such adjustments made? This is because quite often young people who are orphans lost their homes because of inexperience, youth, excessive credulity, and sometimes just because of stupidity. And then they again claimed for state free square meters. To avoid such situations, and some changes have been made. Now the orphan is not the full owner of the premises where he lives, and therefore is able to perform certain manipulations with him, due to which he may remain on the street.
Who is provided with housing
Note that the Russian base of orphans is so large that it is simply impossible to provide everyone with housing. So, there is a list of those to whom the state can provide square meters for living. These are orphans under 23 years of age and older who have not been provided with housing before. However, they should not rent another apartment or be members of the employing family (for example, if an orphan has a new one, already his own family). Also, children - social orphans (not all, special categories), who were left without support when their parents were alive, also have the right to housing.
What do you need to get a living space?
It is worth saying that the guardianship authorities have a list of orphans who should be provided with housing. If an orphan claims to be state square meters, he must first find out if he is on this list. One caveat: automatically children who are already 14 years old are on the list; if the orphan is over 18, he must write a statement on his own. A package of documents must also be attached to the paper:
- birth certificate;
- copies of passport;
- copies of documents that fully confirm that the child is an orphan.
Nuances
There are situations when children are left orphans, but at the same time they are assigned housing, in which, however, they cannot live. In such a situation, you must also submit the relevant documents. Here, copies of court decisions regarding the fact that the child cannot live in this territory will be needed. There may be several reasons for this:
- non-compliance of housing with sanitary standards;
- living there for people who suffer from severe chronic diseases (medical report);
- the impossibility of living together according to the results of the interagency commission.
It will also be necessary, if possible, to provide a technical passport of the premises and, possibly, a certificate of state registration.
When and where?
When is the support for orphans provided, if the child needs a place to live? So, square meters can be provided until adulthood, if a person has acquired full legal capacity. And after the child left the place of education, where he was provided with accommodation. What are the rules for choosing housing for orphans? Depending on the desire of the orphan, it can be provided:
- at the place of residence;
- by primary identification in a certain territory (where the child first entered the lists of guardianship authorities);
- at the location of the educational institution that the orphan child graduated from;
- at the place of employment;
- at the location in foster families.
Housing requirements
It must be said that orphans should be provided with such housing that meets all sanitary and hygienic standards. So, it can be either a house or an apartment, other types of places for living are not allowed. Housing should be landscaped (no worse than municipal facilities of a city, village). In this case, the number of square meters that a person relies on for normal living should be observed. It is also unacceptable for the apartment to be in a basement or attic, in a dilapidated or dangerous house. The same applies to a separate house - it should not be in disrepair.