Orphan child: rights and support. Housing for orphans

2024 Author: Priscilla Miln | [email protected]. Last modified: 2024-02-17 18:33

Unfortunately, in our country there are many children who, for one reason or another, do not have 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 define the main concepts that we will use throughout the article. So, let's figure out who should be called an orphan. These are children who have not reached the age of majority, i.e. 18 years of age, and whose parents (one or both) have died. However, there are children left without parental care. This category includes those children whose parents do not fulfill their duties for certain reasons (imprisonment, disappearance, treatment in special institutions, etc.) or are deprived of parental rights. These are not orphans. Do not confuse these two concepts.

Guardianship authorities

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

• guardianship authorities;
• social protection agencies;
• commissions forjuvenile affairs;
• children's rights ombudsmen.

It is worth mentioning 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.

Pecuniary rights

So, what rights does an orphan have? It is worth saying that they are divided into two categories: tangible and intangible (the right to education, rest, work, 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 free full meals. Also, twice a year, the child must undergo a complete medical examination. The state is obliged to fully provide such children with clothes and all the items necessary for education. And when they leave the boarding school, they are en titled to a certain amount to arrange their lives. It will also be important that orphans should receive payment for the work that was done during the internship or industrial training. Also, boarding school students have the right to free travel in public transport (except for taxis), they can receive free vouchers to various sanatoriums and he alth camps. And, of course, after graduating from a boarding school, an orphan child has the right to receive free social housing.

Intangible Rights

Children who stayedorphans also have a set of intangible rights. The first is the right to education. This means that the child, whatever his status, must receive a full-fledged high-quality education (including in a boarding school). Also, when entering higher educational institutions, such children have the right to study in courses, they have certain benefits over other children (at the time of admission). It is also worth mentioning that orphans can receive higher education free of charge, everything is paid for by the state. In addition, they are en titled to a special scholarship, regardless of grades. What other rights can be called orphans? Of course, the right to work. What could this mean? A citizen who is looking for a job for the first time and is registered with the employment service has the right to receive the average salary at the place of residence for the first six months of the search. If there is a reduction in the workplace where the orphan works, the employer is obliged to re-train such an employee and further arrange him in his speci alty for a new job.

Right to housing

It must be said 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.

Changes in legislation

So, how are orphans provided with housing today? If earlier they could get free square meters out of turnunder a social contract of employment immediately after leaving the walls of various educational institutions (as well as at the end of serving 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 for such persons. If earlier orphans could privatize their living space immediately after receiving it, today this is impossible. Square meters are issued under a specialized lease agreement for up to 5 years. At the same time, there are certain nuances: this housing cannot be rented out, sold, transferred into the possession of other persons, changed, and also privatized.

Reasons for change

Why did everything turn out this way, for what purpose were such adjustments made? This is because quite often young people who are orphans lost their homes due to inexperience, youth, excessive gullibility, and sometimes simply out of stupidity. And then they again claimed for the state free square meters. To avoid such situations, 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, as a result of 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 living space. So, there is a certain list of those to whom the state can provide square meters for living. These are orphans up to 23 years of age and older, whowere not previously provided with housing. However, at the same time, they should not rent another apartment or be members of the tenant family (for example, if an orphan has got a new, already his own family). Also, children - social orphans (not all, special categories) who, with their living parents, were left without support, have the right to housing.

What do you need to get housing?

It is worth saying that the guardianship and guardianship authorities have a list of orphans who should be provided with housing. If an orphan child claims state square meters, he must first find out if he is on this list. One caveat: children who are already 14 years old are automatically included in the list; if the orphan is over 18, he must write an application on his own. You also need to attach a package of documents to the paper:

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

Nuances

There are also 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 also need to submit the appropriate documents. Here you will definitely need copies of court decisions regarding the fact that the child cannot live in this territory. There may be several reasons for this:

• non-compliance of housing with sanitary standards;
• residence there of persons who suffer from severe chronicdiseases (medical report);
• impossibility of cohabitation based on the results of the interdepartmental commission.

You will also need to provide, if possible, 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 provided until the age of majority, if a person has acquired full legal capacity. And after the child left the place of study where he was provided with accommodation. What are the rules for selecting housing for orphans? Depending on the desire of the orphan, it can be provided:

• according to the place of residence;
• according to primary detection in a certain territory (where the child was first included in the lists of guardianship authorities);
• at the location of the educational institution that the orphan child graduated from;
• at the place of employment;
• according to the location in foster families.

Housing Requirements

It should also be said that orphans should be provided with housing that meets all sanitary and hygienic standards. So, it can be either a house or an apartment, other types of places to stay are not allowed. Housing must be well-maintained (no worse than the municipal facilities of the city, village). At the same time, the number of square meters that a person is en titled to for normal living must be observed. It is also unacceptable that the apartmentwas in a basement or attic, in a dilapidated or dangerous house. The same applies to a separate house - it should not be in disrepair.