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Investigation s about children ’s rights in care

Investigation s about children ’s rights in care. Prof. Dr. Máté Szabó Ombudsman „Peer II Peer Project, Workshop in Tallin ” 6-7 April 2011. Ombudsman’s role.

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Investigation s about children ’s rights in care

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  1. Investigationsabout children’s rights in care Prof. Dr. Máté Szabó Ombudsman „Peer II Peer Project, Workshop in Tallin” 6-7 April 2011.

  2. Ombudsman’s role • The main task of the Ombudsman (Parliamentary Commissioner for Civil Rights) is to investigate any abuses of constitutional rights he/she has become aware of and to initiate general or particular measures for their redress • Act LIX of 1993, on the Parliamentary Commissioner for Civil Rights, states that anybody may apply to the Ombudsman, if they have suffered injury as a result of action of any authority or body performing a public service.

  3. Proactive work – projects • Anew working methodis launched • Every year different topics are determined; which are especially important for the society and the enforcement of the rule of law and have a particular significance from the point of rights and freedoms  Children’s Rights Project:during the whole mandate of the Ombudsman with a special team

  4. The role of the children’s rights ombudsman – a special six year project • No independent body/institution for children’s rights, • Parliamentary Commissioner for Civil Rights (~quasi children’s rights ombudsman) has a special responsibility based on the Act XXI of 1997 on Child Protection  ex officio investigations  complaints * Project thinking * Regular media presence, publicity • „MINI – website” about children’s rights : www.gyermekjogok.obh.hu

  5. Special topics in every year • In 2008: Awareness-raising of the children about their rights • In 2009: Violence against and amongst children • In 2010: Children in care • In 2011: Right to health

  6. In 2010 the priority is the role of the family in ensuring children’s rights We focused on: • the right of children to be brought up in the family • the role of the state in promoting it (assistance), • the operation of the system of state provisions substituting family and the issue of adoption in this context

  7. International (CRC) and national law (Hungarian Constitution, Child Protection Act) states • every child has the right to protection and care by the family, the state and the society, which is necessary to the proper physical, intellectual and moral development • But the pratice shows different picture…

  8. Special comprehensive investigations about children in care since 1998 • The comprehensive investigation recovered 51 abuses of rights, and made 24 proposals (Later the majority of proposals have been accepted) 2002: follow-up investigation Some problem have remained: general conditions, staff (education, competence, lack of supervision), inadequate treatment (corporal punishment, other abuses), presence of drug-alcohol-smoking…

  9. Comprehensive investigations (year/nr/county)

  10. Persistent problems In many cases there are serious problems with • the quality and quantity of food • Rooms and places for children are bare • Lack of freetime programmes • Difficulties of personal relationships and contacts (e.g. with parents, boy/girlfriends) • The efficiency of procedures managing the missing/runaway children are questionable • Lack of professionals • Lack of supervisons, education, special trainings • Presence of abuse, corporal punishment other mistreatment (which remains usually hidden…) • Problems in the fostercare system

  11. Solutions…? • There are of course budgetary limits (but we need a human rights budget approach) • The institutional system reproduce these problems again and again • The strength of the linkages and the retaining force of the institution depends mainly on the professional staff the children need love, trust, care, perspectives

  12. Special reports in 2010 • Investigation into the maintenance of contacts between siblings brought up in special care • Investigation in special children’s homes • Investigation about education and competences of fosterparents • Investigations about unaccompanied minors’s rights • Investigation about children’s homes for 0-3years old children • Investigation about daycare • Investigation about abuses and signalling system

  13. Thank you for your kind attention! www.obh.hu

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