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"It took me a while to realize when I went to the baby houses that they only show you all the healthy ones. Then there are the rooms where the others are just lying there. They're all dying, lying on their backs, staring at the ceiling, generally fed on their backs. I've seen them putting the bottle of boiling hot food into children's mouths. It must be burning, but they're too hungry and just swallow it."
"When I was little, Svetlana Petrovna put my head in the toilet and beat me on the behind, hips, and arms. At first she would hit me on my hand-that was while I was small, until I was nine years old. After that she could take a slipper and slap us on the lips. Of course, a kid couldn't do anything or say anything. We were so afraid of her." "They could put you in the bedroom and make you stay there. They also kept food from you to punish you, too. Right now it's the staff that's the worst thing about life here-especially Svetlana Petrovna....There are about six or seven staff who are about the same."
"They're called children with no prospects, not trainable, not treatable. A colleague called these psychoneurological internaty "death camps." The situation there is terrible."
"I could not say that I am proud of [that psychoneurological internat], ...but in general I believe that everything that can possibly be done in the current conditions is being done...And for these [Down syndrome] children [who may come from alcoholic homes], life in an internat is a paradise."
It is seven years since the declining Soviet Union released the last of its most renowned political dissidents, and closed a chapter of notorious human rights abuse in psychiatric hospitals and GULAG prisons. Yet today, in another archipelago of grim state institutions, the authorities of the Russian Federation are violating the fundamental rights of tens of thousands of innocent citizens: children abandoned to state orphanages. Human Rights Watch has found that from the moment the state assumes their care, orphans in Russia-of whom 95 percent still have a living parent-are exposed to shocking levels of cruelty and neglect. Infants classified as disabled are segregated into "lying-down" rooms, where they are changed and fed but are bereft of stimulation and lacking in medical care. Once officially labelled as retarded, Russian orphans face another grave and consequential violation of their rights around the age of four, when they are deemed "ineducable," and warehoused for life in psychoneurological internaty. In addition to receiving little to no education in such internaty, these orphans may be restrained in cloth sacks, tethered by a limb to furniture, denied stimulation, and sometimes left to lie half-naked in their own filth. Bedridden children aged five to seventeen are confined to understaffed lying-down rooms as in the baby houses, and in some cases are neglected to the point of death. Those who grow to adulthood are then interned in another "total institution," where they are permanently denied opportunities to know and enjoy their civil and political rights. The "normal" abandoned children-those whom the state evaluates as intellectually capable of functioning on a higher level-are subjected to cruel, inhuman and degrading treatment by institution staff. They may be beaten, locked in freezing rooms for days at a time, abused physically and sexually. They may be humiliated, insulted and degraded, and provided inadequate education and training. Staff members may also instigate or condone brutality by older orphans against younger and weaker ones, incidents such as beatings and humiliation. Somechildren describe treatment as outrageous as being thrown out a window while nailed in a small wooden chest. When orphans finally leave their institutions, they suffer its damaging effects and the second-class status as orphans for the rest of their lives. It is ironic and deplorable that the very state that is charged with the care and nurture of these vulnerable children condemns them to a life of deprivation and cruelty. Moreover, far too many children are consigned to Russian institutions in the first place. Of a total of more than 600,000 children classified as being "without parental care," as many as one-third reside in institutions, while the rest are placed with a variety of guardians. Thousands more are temporarily quartered in various public shelters and institutions under police jurisdiction simply waiting for an available space in an orphanage. Humane alternatives to institutions exist and should be used, such as sending children with moderate disabilities home with their parents at birth; providing help for families to cope with their children's disabilities; and providing foster care for children who cannot return to their families. As Russian experts told Human Rights Watch in the body of this report, these alternatives do not require additional resources, but rather a reallocation of existing funds now devoted almost exclusively to expensive institutional care. Abandoned Children as an UnderclassHuman Rights Watch has found that from the moment Russian children are left in state institutions, they become victims of long-held prejudices that all abandoned children are in some way "defective." One source of this discriminatory assumption is the tradition that infants born with severe congenital defects have been abandoned in local maternity wards under pressure and warnings from the medical staff that the family will be ostracized for raising a disabled child. Even if abandoned infants do not display severe physical or mental disabilities, however, they often come from families with chronic social, financial and health problems-including alcoholism-and they cannot escape the stigma applied to that past. A clear summary of this point appeared in an article in the Moscow Times of November 2, 1996, which explored the biases against adopting a baby abandoned by a stranger: The fear that the child will in some way be "damaged goods" stems from the knowledge that mothers of mentally and physically handicapped children are routinely advised by doctors to put their baby in an orphanage and "try again." Consequently, healthy babies who are given up for financial or domestic reasons are unfairly branded "defective." The result is that abandoned children are consigned to the status of "orphan," and further labelled in their medical charts with physical and psychological "risk factors" in their medical charts owing to their background. Testimonies collected by Human Rights Watch are corroborated by the findings of expert investigators from the Swiss-based Comité pour la Dignité de l'Enfant (C.I.D.E.), published in 1995. They found that while Russian professionals used strict criteria in performing psychological evaluations, they also recorded factors in the child's medical history which would be considered as "risk" factors in the West, but commonly become labels of illness for an abandoned Russian child. According to the C.I.D.E. report, these include:
International human rights law forbids discrimination on a variety of grounds, including "birth or other status." Under the United Nations' "Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care," Principle number 4 provides that, "A determination of mental illness shall never be made on the basis of political, economic or social status, or membership of a cultural, racial or religious group, or any other reason not directly relevant to mental health status." In practice, however, the Russian system violates this principle as well as the fundamental tenets of the International Covenant on Economic, Social and Cultural Rights, by branding children of lower socioeconomic origins and children with genetic abnormalities as a class apart. It does so by attributing to them a propensity for social deviance stemming from their background, and by imposing upon them a life-long stigma and formal restrictions on participation in society. Abandoned children who are diagnosed as "oligophrenic," or mentally retarded, carry that label in their official dossier from institution to institution. They have virtually no channels through which to seek a reassessment or reversal of this diagnosis, and even "mild" oligophrenics who graduate from technical training schools told Human Rights Watch that they had difficulty appealing for the word to be removed from their file. Human Rights Watch concludes that the Russian state fails to provide sufficient protection and opportunities to thousands of children who are abandonedto the state at a rate of 113,000 a year for the past two years, up dramatically from 67,286 in 1992. The evidence gathered reveals several systematic disadvantages imposed on young Russian orphans, which violate their fundamental rights to survival and development, and place them in an underclass. Children abandoned at birth are more likely to be smaller and less developed over time than others, due in part to the significant lack of developmental care in state institutions during the crucial phase of early infancy. Orphans in Russia have no one to appeal the state's special medical-developmental evaluation, which is performed on virtually all institutionalized children approaching the first year of school and older children at the time of abandonment. As described in greater detail in Chapters IV and V of this report, a diagnosis of severe oligophrenia for orphans means a greater likelihood of premature death in an institution that is little more than a warehouse. According to this "diagnosis," which is delivered by a state-run commission of doctors, psychologists, and educators based at the Chief Psychiatric Hospital No.6 in Moscow, children in Russian institutions face a "triage" into one of two tunnel-like systems apart from Russian society at large. As explained in Chapter II of this report, in the best case, they are deemed educable, and proceed to a dyetskii dom run by the Ministry of Education, and attend regular Russian schools. In the worst case, they are deemed severely oligophrenic-either imbetsil or idiot-and condemned to a system of "total institutions" run by the Ministry of Labor and Social Development. There they receive little to no education and only a minimum of maintenance until they reach the age of eighteen, when they move on to an adult institution of the same kind. As the later chapters of this report show, independent child welfare experts in Russia denounce these institutions, claiming that the death rate for children is twice that of children living at home. The comparatively fortunate orphans who make it into the educable group are still more likely to receive harsher discipline than children whose parents have left them only temporarily in state custody and continue to have contact with the orphanage. Orphans in state institutions are less likely to be referred for needed medical services than are children with parents. Should orphans happen to be transferred to a hospital for services, they are less likely to receive proper medical treatment than children whose families can cajole and bribe hospital staff to carry out their work appropriately. Failure to Live Up to National CommitmentsThe Russian government and its predecessor, the USSR, have long taken pride in the education and upbringing of their children. Its separate world of giantorphanages reflects the Soviet philosophy of collective action and discipline that guided the institutions erected to house millions of war orphans during the first half of the 20th century. Since the break-up of the Soviet Union in 1991, however, the increased access to orphanages by journalists and charitable volunteers has unveiled a tableau of horrific conditions and malign neglect in institutions from the heart of Moscow to remote rural provinces. The Russian and international media have widely disseminated the shocking images from the orphanages during the past few years, and at least two international human rights delegations have issued damning reports of their findings, which are cited in the body of this report. Yet deplorable conditions still persist. Officially, the Russian authorities, starting with President Boris Yeltsin, have repeatedly declared the rights of children a high national priority. The Russian Federation was among the first nations to sign and ratify the U.N. Convention on the Rights of the Child in 1990, the full text of which is presented in the Appendix to this report. Russia has subsequently submitted two periodic reports of its implementation of the Convention on the Rights of the Child, in 1992 and late 1997. Also during the 1990s, Russia passed a raft of legislation and decrees affirming children's rights to education, health, and special protection against the hardships and upheaval wrought by economic reform. By mid-decade, President Yeltsin had launched two federal programs, "Children of Russia," and "Fundamental Directions of State Social Policy for Improving the Position of Children in the Russian Federation to the Year 2000." These programs are aimed at increasing the efficiency of state programs for children at the federal and local levels, and helping poorer families to provide a stable environment in which a child may develop. In practice, however, the reaction of the Russian authorities to the critique of their orphanages has been to block access to the institutions; punish or threaten to fire workers if they speak about abuses; and, in some instances, pardon those who are responsible for the wrongdoing. Senior officials of the three ministries charged with maintaining the orphanages have impeded the efforts of Russian human rights organizations to investigate reports of neglect and malfeasance. Members of such groups and child welfare experts told Human Rights Watch that senior officials flatly rejected their requests to visit the particularly degrading and unhealthy psychoneurological internaty run by the Ministry of Labor and Social Development for orphans diagnosed as imbetsily and idioty. Failure to Comply with International ObligationsAlthough the Russian government has signed the Convention on the Rights of the Child, the evidence gathered and presented in this report shows that Russian policies toward abandoned children violate as many as twenty of the convention's first forty-one articles, which comprise a sweeping array of basic rights. More significantly, our evidence reinforces the concerns recorded in 1993 by the U.N. Committee on the Rights of the Child, in its letter replying to the Russian Federation's first periodic implementation report.
Next spring (1999), the second Convention on the Rights of the Child implementation report of the Russian Federation will come up for review by the U.N. Committee; Human Rights Watch urges the committee to place the systematic violations of orphans' rights at the top of its agenda. To that end, we call attention to several of the more egregious violations of the Convention on the Rights of the Child, among other international documents that are abrogated on a daily basis in Russian custodial institutions. Contrary to the precepts set forth in Article 23 of the Convention on the Rights of the Child, specifically concerning children with mental and physical disabilities, Russian orphans with severe disabilities are denied virtually every right to medical care, education, and individual development. Such orphans are officially classified as "ineducable," and are excluded from opportunities to learn to read, write, and in some cases, to walk. In addition, abandoned babies and children of sound mind, but with physical disabilities, are routinely confined to areas in state institutions known as "lying-down" rooms. They are passed over for corrective surgery of conditions such as cleft palate as a result of the compound stigma of being abandoned and being diagnosed as "oligophrenic" (mentally retarded). During a visit to the lying-down room of one psychoneurological internat, Human Rights Watch noticed a beaming blond, five-year-old boy walking on the callused sides of his club feet. We asked the sanitarka who was playing with him what his diagnosis was. "Oligophrenia," she replied. But when we asked specifically about his feet, she replied, "Well, it's the same... imbetsilnost." In addition to the appalling violation of the rights of orphans with severe congenital disabilities, critics of the state's diagnostic procedure also expressed their concerns time and again to Human Rights Watch that too many children were, in fact, wrongly diagnosed. Even the staff at two institutions told Human Rights Watch that they believed that nine to ten percent of the children transferred to them as imbetsily and idioty, actually had the ability to enjoy productive lives. The percentage of diagnostic errors was shown to be strikingly higher in a more in-depth clinical assessment of oligophrenic orphans published in 1991 by the British charity organization, Christian Solidarity International (CSI). CSI concluded that in one group of fifty children they studied, more than one-third were within "normal" limits of standard intelligence tests. On more thorough examination of thirty-four children, the team gathered the startling results that "two-thirds of these 'oligophrenic' children showed evidence of average or better ability." In view of the known and suspected cases of misdiagnosis among orphans, Human Rights Watch finds the violation of Article 27 of the Convention on the Rights of the Child particularly relevant. It accords children undergoing medical care the right to periodic review of their treatment and surrounding conditions. In practice, however, Russian orphans with diagnoses of oligophrenia have extreme difficulty seeking a re-assessment of their status, which is also a violation of Russian law. Even those classified as "lightly" oligophrenic (debil) carry the burden of that classification in their official file when they embark on their search for jobs and homes. The most severe discrimination faced by Russian orphans is suffered by children interned in psychoneurological internaty for children with disabilities who are aged five to seventeen years. Article 39 of the convention calls for the promotion of "physical and psychological recovery and social reintegrationfollowing neglect, exploitation or abuse...or any other form of cruel, inhuman or degrading treatment or punishment." Far from receiving treatment towards recovery or rehabilitation, however, Russian orphans consigned to lying-down rooms suffer further deterioration from neglect. Agitated orphans are confined to barren day-rooms where they are tethered, restrained, and given powerful sedatives without medical supervision. Such examples of inhuman and degrading treatment and punishment are all too common features of Russian orphanages, both for children with severe disabilities, and as well for those diagnosed as "educable." In the latter case, Human Rights Watch discovered elaborate patterns of dehumanizing discipline in the dyetskiye doma of the Education Ministry, in which the orphanage directors and staff strove to humiliate children in front of their peers, and at times encouraged their peers to take part in the demeaning punishment. Such choreography of cruelty by orphanage staff is often devised for the purpose of punishment-by-proxy, through which older or stronger children are delegated to maintain order. The resulting disciplinary pattern alarmingly resembles that found in the Russian military and prisons, both state institutions notorious for their elaborate systems of violence and debasement. Whether for punishment or for simple sadism, this practice amounts to a training module in physical and mental violence. Moreover, the common practice of interning older children in psychiatric hospitals for rule-breaking behavior such as running away from the orphanage is a perversion of medical ethics and an alarming throwback to the gross misconduct of the Soviet psychiatric profession. Children returning from two weeks to several months in the psykhushka report the use of heavy tranquilizers, and appear disoriented and confused to their peers. These preeminent uses of violence against Russian orphans violate the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as well as other international standards pertaining to medical ethics and the treatment of persons with mental illness. This report is based on a month-long fact-finding mission in Russia, during which Human Rights Watch met with more than thirty-one orphans, from some seventeen institutions; six doctors specializing in child development, either working within or outside institutions, four vospitateli working with older orphans and ones with disabilities, three children's rights activists, several journalists, and five Western volunteers who have worked extensively in institutions. Several of these volunteers were among the first outsiders to enter children's institutions in Russia during the early 1990s, and they undertook a survey of orphans' needs for a new charitable assistance program. As a result of theirresearch, and their in-depth work in a number of institutions, the volunteers interviewed for this report hold the most comprehensive information on the system as a whole, outside government officials. Some of these volunteers and others interviewed by Human Rights Watch were willing to be named in this report. They requested, however, that we not identify the institutions they described, for fear of being banned from them after the publication of this report. To protect the orphans and others who fear reprisals by officials, we have changed the names of all locations and people in this report, and indicated in the footnotes. Testimonies have been lightly edited for clarity, but otherwise represent interviews Human Rights Watch conducted either directly or with the help of an interpreter. Following the discussion of relevant international and Russian laws in Chapter III, each chapter takes a phase of an orphan's life in a Russian institution, and introduces the genre of human rights violations they suffer at that stage. The prejudicial stereotype of abandonment is common to all stages, for example, while some abuses, such as malicious and degrading punishment, are more specific to the context of the Education Ministry's dyetskii dom. RecommendationsThe only way to bring a halt the cycle of discrimination, violence and impunity that endangers abandoned children in Russia is through a joint campaign by the international community, Russian authorities, and children's advocates to abolish all prejudicial practices and investigate reports of wrongdoing. Human Rights Watch recommends the following reforms: To the Russian GovernmentOn reducing the number of children consigned to state institutions:
On the matter of discriminatory status
On the matter of punishment, abuse and deplorable conditions
On the right to health care
On reforming the management and treatment of orphans
To the United Nations
To the Council of Europe
To Donor Governments
To Nongovernmental Organizations
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