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REPRESENTATION OF CHILDREN ´S RIGHTS IN THE COURT BY THE OMBUDSMAN FOR CHILDREN IN POLAND

REPRESENTATION OF CHILDREN ´S RIGHTS IN THE COURT BY THE OMBUDSMAN FOR CHILDREN IN POLAND.

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REPRESENTATION OF CHILDREN ´S RIGHTS IN THE COURT BY THE OMBUDSMAN FOR CHILDREN IN POLAND

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  1. REPRESENTATION OF CHILDREN´S RIGHTS IN THE COURT BY THE OMBUDSMAN FOR CHILDREN IN POLAND

  2. Legal basis for representation of Ombudsman in cases regarding children:The Act of 6th January 2000 on the Ombudsman for Children (Journal of Laws Dz. U. of 6th January 2000),which provides that the Ombudsman for Children in Poland may inter alia: • examine each case on the spot even without prior notice, • require public authorities, organisations or institutions to submit explanation or give information as well as to disclose relevant files and documents, including those containing personal data, • enter into proceedings before the Constitutional Tribunal initiated on the basis of an application submitted by the Human Rights Defender or in cases of constitutional claims concerning the rights of the child and participate in such proceedings,

  3. request the Supreme Court to adjudicate cases of divergence in law interpretation with regard to regulations of law concerning the rights of the child, • lodge cassation or appeal against legally valid sentence on terms and under rules governed by separate regulations, • require that proceedings be instituted in civil cases and enter into a proceeding being already in course with rights enjoyed by the prosecutor, • enter into proceeding already in course in cases involving minors – with rights enjoyed by the prosecutor, • require that preparatory proceedings be instituted by a competent prosecutor in cases of crime,

  4. ask for instituting administrative proceedings, lodge complaints to the administrative court and participate in those proceedings with the rights enjoyed by the prosecutor, • file an application on punishment in proceedings in cases of offences on terms and under rules governed by separate regulations, • order examinations and preparation of expert opinions and evaluations.

  5. MEASURABLE SUPPORT GIVEN TO CHILDREN BY OMBUDSMAN FOR CHILDREN IN POLAND: • In the field of protection of the rights of the child in court proceedings, in 2011 the Ombudsman decided to participatein 111 proceeding. Moreover, the court proceedings were carried on in 46 cases into whichthe Ombudsman entered in 2010 and 14 in 2009. • Altogether in 2011 the Ombudsman for Children participated as a party or a witness in 171 court proceedings and in 7 acted as anobserver. • Until August 2012 the Ombudsman for Children participated in 69 court proceedings, whatgivesthe total number of 240 participations. • In the first half of the currentyear the Ombudsman for Children received around 15 000 complains.

  6. Thank You for your attention!  Ombudsman for Children in Poland ul. Przemysłowa 30/32 00-450 Warszawa www.brpd.gov.pl

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