protection of children’s rights czech republic public defender of rights (ombudsman) marie...

© Copyright Veřejný ochránce práv, 2014

Protection of Children’s Rights

Czech Republic Public Defender of Rights (Ombudsman)

Marie Lukasová, Warsaw 2014

Public Defender of Rights

Established by Act No. 349/1999 Sb., on the Public Defender of Rights

Candidates are proposed by the President and the Senate

Elected by the Chamber of Deputies for a six-year term (max. for two consecutive terms) and accountable to the Chamber of Deputies

First Defenders: JUDr. Otakar Motejl (2000-2010), JUDr. Pavel Varvařovský (2010-2013) © Copyright Veřejný ochránce práv, 2014

Present Defender and her Deputy

Mgr. Anna Šabatová, Ph.D.

the first woman, elected in February 2014 the Czech Defender (in 2001-2007 Deputy of the first Defender)

JUDr. Stanislav Křeček

Deputy of the Public Defender of Rights, elected in April 2013


Mandate of the Defender

1. Public Administration

protection against unlawful or incorrect conduct or

inactivity

2. Protection of Persons Restricted in their

Freedompreventive systematic visits

since 2006

3. Discriminationpromotion of the right to

equal treatment and protection against

discriminationsince 2009

4. Monitoring of Forced Returns

exercise of administrative expulsion, penalty of expulsion, surrender and

transit of foreigners.since 2011


National preventive mechanism Systematic visits of facilities where persons are

resctricted in their freedom

• prisons, police cells, facilities for detention of foreigners• social care institutions, health care institutions• facilities of institutional and protective education

OPCAT

To strengthen the protection of persons placed in various facilities against ill-treatment

Recommendations, standards of treatment © Copyright Veřejný ochránce práv, 2014

Ill-treatment

NPM 2011-2014: 47 visits facilities for children

• children’s homes

• institutions with strict regime

• diagnostic institutions, centres for pedagogy help

• psychiatric hospitals (units) for children

summary reports, legislative proposals

Standards of the Protection of Children and Their Families


Family life v. institutions ”…undertake measures to ensure that families

in vulnerable socio-economic situations are provided with the financial resources and social support necessary so that all parents may realize their primary responsibility for their children in order for all children to enjoy the fulfilment of their rights to the greatest extent possible” (CRC)


Family life EU funds for deinstitutionalization increasing rates of foster care mandatory drafting of case assessments and individual

strategies for each family

but… de facto accepting institutional care as a primary

alternative to the family environment


Challenges in institutional care lack of services of prevention

still large numbers of children, especially children with disabilities and/or of Roma origin, being placed in care outside their home, particularly in institutional care, and in the majority of such cases the material and financial situation of the family has been the main basis for such removal

inadequate community-based family-type services and foster care to avoid institutionalization of children


Findings of Defender

11 % children (in visited institutions) placed by court for social reasons (inadequate housing, debts, unempoyment)

95 % cases: inadequate housing mentioned by court

often attachment between children and parents exists

to much children < 3 years in institutional care

social housing, prevention © Copyright Veřejný ochránce práv, 2014

Challenges in institutional care

inconsistent standards of care

numbers of personnel and level of his training

long duration for which children remain in institutional care (the majority of them leave after attaining 18)


Improvements Criteria for placement into institutional care

• subsidiarity of institutional care stipulated by law,• regular court revisions

Standards of care/treatment • prepared to become a ministry provision,• inspiration in ombudsman’s standards of children protection,• after wide discussion,• child-friendly

Contact with parents• to maintain contact with their parents is finally accepted


Segregation of children of Roma origin from mainstream education D.H. and Others v. the Czech Republic

“serious and widespread issues of discrimination”, “systemic and unlawful segregation of children of Roma origin from mainstream education” (CRC)

Anti-Discrimination Act (European Community Directives 2000/43/EC and 2000/78/EC)


Data collection “Data compiled by the various ministries, not for

all areas covered by the Convention, particularly for children with disabilities, children of ethnic minorities, and children in vulnerable and disadvantaged situations.” (CRC)

“Data not used in a manner that is effective in assessing progress as a basis for policymaking in the field of ensuring children’s rights.” (CRC)


Research of Defender

Survey into the Ethnic Composition of Pupils of Former Special Schools (2012)

focused on the ethnic composition of pupils of former special schools, or pupils educated with plan for children with light mental disability

Methodology and results of the survey on

http://www.ochrance.cz/en/discrimination/research/





Research of ombudsman

“The proportion of Romany pupils at the ratio of 32%, or 35% in the monitored schools is proof of the persistent indirect discrimination against them in terms of access to education.”

The proportion of Romany people in the Czech Republic is approx. 1.4 – 2.8 %.


Inclusive education

National Action Plan for Inclusive Education (2010)

Strategic litigation with support of Defender

children with autism

the asistent for the teacher


Life in the community Convention on the Rights of Persons with Disabilities

(2009)

Institutional care because of the lack of community

based services

story of Daniel – boy with autism living in psychiatric hospital

no claim for social services


One responsible body

Ministry of Labour and Social Affairs, Ministry of Health Care, Ministry of Education

National Action Plan to Transform and Unify the System for the Care of Vulnerable Children

…to have an effective mechanism for coordinating the implementation of child rights policy amongst all the relevant bodies and institutions and at all levels


Ombudsman for Children?

Czech Rep and 3 EU members do not have children’s ombudsman

Mrs. Šabatová

„Children deserve a defender of their rights. Such an institution would be of a great use.“

Defender

web for children

special (urgent) procedure for complaints from children

informal communication with children

programmes for schools


Thank you!

[email protected]


protection of children’s rights czech republic public defender of rights (ombudsman) marie...

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