An orphan child: rights and support. Housing for orphans

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 orphaned child has and who is responsible for their implementation.

About the concept

First of all, it is necessary to determine the main concepts, which we will operate throughout the article. So, let's figure out who should be called an orphan. These are children who have not reached adulthood, 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 perform their duties for certain reasons (detention, disappearance, treatment in special institutions, etc.) or are deprived of parental rights. They are not orphans. Do not confuse these two concepts.

Child protection

Thanks to whom can an orphan child feel that his rights are protected? This is done by special state bodies. So, it will be:

• Bodies of guardianship and trusteeship;
• Departments of social protection;
• Commission on affairs of minors;
• Ombudsmen for children's rights.

It should also be said 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.

Tangible rights

So, what rights does an orphan child have? It is worth saying that they are divided into two categories: material and non-material (the right to education, rest, work, etc.). As for the provision of the child with everything necessary for his existence, then he has the right to free accommodation in a boarding-school institution, as well as to a free full-value meal. 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 subjects necessary for training. And when they are released from the orphanage, they are entitled to a certain amount to organize their lives. It will also be important that orphans are paid for the work that was done during the practice or production training. Inmates of boarding schools have the right to free travel in public transport (except for taxis), they can get free tickets to various sanatoriums and health camps. And, of course, after leaving the orphanage, an orphaned child has the right to receive free social housing.

Non-material rights

Children who have remained orphans also have a complex of intangible rights. First of all, this right to education. This means that the child, whatever his status, should receive a full-fledged qualitative education (including in the boarding school). Also, upon admission to higher education institutions, such children have the right to study at courses, they have certain benefits to the other children (at the time of admission). It is also worth mentioning that orphans can receive higher education for free, for which the state pays for everything. In addition, they are entitled to a special scholarship, regardless of the ratings. What else can be called the rights of orphans? Of course, the right to work. What could this mean? A citizen who first looks for work and is registered with the employment service has the right to receive the first six months of searching for an average salary at the place of residence. If in the workplace where the orphan works, there is a reduction, the employer is obliged to re-educate such an employee and further arrange it for a new job.

The right to housing

It is necessary to say that orphans have a 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.

Changes in legislation

So, how is housing for orphans now provided? If earlier they were out of the line of mogu to receive free square meters under the contract of social hiring immediately after leaving the walls of various educational institutions (as well as after serving their sentences, serving in the army, etc.), today things are not so simple. The legislation was amended and modified in order to optimize the process of obtaining housing by such persons. If previously orphans could immediately privatize their living space, it is impossible today. Square meters are issued under a contract of specialized hiring for a period of up to 5 years. At the same time there are certain nuances: this housing can not be rented, sold, transferred to the possession of other persons, changed, or privatized.

Reasons for change

Why did everything turn so, for what purpose were such adjustments made? That's because quite often young people who are orphans lost their homes due to inexperience, youth, excessive credulity, and sometimes just stupid. And then they again claimed the state free square meters. To avoid such situations, and some changes have been made. Now the orphan is not the full owner of the room where he lives, so he is able to make certain manipulations with him, due to which he can remain on the street.

Who is provided with accommodation?

Let us note that the Russian base of orphaned children is so great that it is simply impossible to provide everyone with living space. So, there is a list of those to whom the state can provide square meters for living. These are orphans up to 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 a family-employer (for example, if an orphan has acquired a new one, already his family). Also the right to housing has also children - social orphans (not all, special categories), which, with living parents, were left without support.

What do you need to get a living space?

It should be said that the guardianship and trusteeship agencies have a list of orphans, who should be provided with housing. If the child-orphan applies for state-owned square meters, he must first of all find out if he is on this list. One caveat: automatically the list includes children who are already 14 years old; If an orphan is more than 18, he must independently write a statement. To paper also need to attach a package of documents:

• birth certificate;
• Copies of the passport;
• Copies of documents that fully confirm that the child is an orphan.

Nuances

There are also situations when children are orphaned, but at the same time they are assigned housing, in which, however, they can not live. In this situation, you also need to submit the relevant documents. It will be necessary to have copies of the court's decisions that the child can not reside in the territory. There are several reasons for this:

• Inadequate housing to plumbing standards;
• Living there of persons who suffer from severe chronic diseases (medical report);
• The impossibility of living together according to the results of an interdepartmental 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 support for orphans provided, if the child needs a place to live? So, square meters can be given up to adulthood, if a person has acquired full legal capacity. And after the child left the place of training, where he was granted accommodation. What are the rules for housing for orphans? Depending on the desire of the orphan, it can be provided:

• at the place of residence;
• On primary detection in a certain territory (where the child first entered the lists of guardianship authorities);
• At the location of the educational institution that the orphanage has completed;
• At the place of employment;
• By location in foster families.

Requirements for housing

It is also necessary to say that orphans should be provided with such accommodation, which 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 the municipal facilities of the city, the village). At the same time, the number of square meters that a person relies on for normal living should be observed. It is also unacceptable that the apartment is located in a basement or attic space, in an old or dangerous house. The same applies to a separate house - it should not be in an emergency condition.