INTERNATIONAL EXPERIENCE IN THE SOCIAL PROTECTION OF ORPHANS: LEGAL STANDARDS AND PRACTICES FOR THEIR IMPLEMENTATION

Abstract

This article presents a comprehensive study of international experience in the
social protection of orphans and children deprived of parental care, viewed through the lens of the
interplay between international legal standards and the practical mechanisms for their
implementation in foreign countries. The study analyzes the normative core of the international
system for the protection of orphans, which consists of the UN Convention on the Rights of the
Child, the Convention on the Rights of Persons with Disabilities, the 2009 Guidelines on
Alternative Care for Children, the 2019 UN General Assembly Resolution on the Rights of the
Child, as well as the contemporary approaches of the UN Committee on the Rights of Persons with
Disabilities to deinstitutionalization, particularly in emergency situations. It is argued that the
contemporary international model of social protection for orphaned children is based not only on
the provision of material assistance, but first and foremost on ensuring the child’s right to grow up
in a family environment or one that is as close to a family environment as possible, preventing
unjustified separation from the family, developing family-based forms of care, ensuring proper
state oversight of alternative care, involving the child in decisions that affect them, and establishing
an effective system of social services at the community level. Particular attention is paid to analyzing practices for implementing international standards, including deinstitutionalization, the
development of foster care, kinship care, adoption, social cash transfers for families raising orphans
and vulnerable children, the professionalization of social work, and the introduction of gatekeeping
mechanisms and individual case management. Using examples from Kenya, Rwanda, Jordan,
Bulgaria, the European Union, and Australia, the study demonstrates that the effectiveness of social
protection for orphans depends on a systematic combination of legal, financial, organizational, and
social service tools. It has been demonstrated that international experience is of great importance
for Ukraine, as it enables the identification of areas for improving national policy: strengthening
support for families, preventing the institutionalization of children, developing alternative familybased
care, establishing reliable registration and monitoring systems, introducing legal safeguards
against the commercialization of institutional care, and providing special protection for children
with disabilities.