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Protecting Children's Rights: Hungarian Ombudsman's On-Site Inquiries

Learn about the on-site inquiries conducted by Hungary's Ombudsman Agnes Lux on unaccompanied foreign children, findings on migration management, legal provisions, and specific cases. Join the ENOC Conference on 25-27 September 2013 in Brussels to delve deeper into defending children's rights. Discover the Ombudsman's projects spanning from awareness-raising to child-friendly justice. Gain insights into challenges faced by unaccompanied minors with diverse backgrounds and languages. Explore the importance of considering children's best interests in legal and migration frameworks. Stay informed on the fundamental rights of unaccompanied children and the need for specialized care and representation. Witness the impact of post-traumatic stress disorder on minors and the inadequate support systems in place. Your participation is crucial in creating a more inclusive and protective environment for vulnerable children.

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Protecting Children's Rights: Hungarian Ombudsman's On-Site Inquiries

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  1. Uaminon-siteinquiries of theHungarian Ombudsman Agnes Lux, agnes.lux@ajbh.hu ENOC Conference, 25-27 September 2013, Brussels

  2. Aboutthe ombudsman • There is no separateinstitutionas an ombudspersonforchildren • Act 111 of 2011 oncommissionerforfundamentalrightsprioritizetodefendchildren’srights • Complaints, ex officioinquiries • Projects (2008: awareness-raising, 2009: violence, 2010: childrenincare, 2011: right tohealth, 2012: child-friendlyjustice, 2013: right tohealthyenviroment)

  3. OnsiteInquirieson UAM • The ombudsman carried out onsiteinquiries 1-2 times per yearsince 2009 (withoutanypreliminarynotificationstoo) • Childrenwithforeignnationalities & whomareseparatedfromtheirfamiliescan be categorized: • Childrenwithimmigration status (incl. statelesspeople) • Asylumbeneficiaries • Victims of human smugglings

  4. Findings • Prevention and management of illegal migration instead of take into consideration the best interest of the child • All legal provisions regarding the child protection system see UAM firstly as foreigners based on their legal alien status, secondly as children • Legal provisions ignore their special needs (differentethnical, culturalbackground, language, traumas) • There is no regulation regarding appointment of one trustee who may be representative • The fundamental rights of UAM essentially prevail in Hungary • There is no financial source to employ interpreter in children’s homes where non-Hungarian speaking children may be placed

  5. SomeCases 1. Policecought 700 UAM between 1 January 2012 – 30 September 2012 crossingtheborders(thereweresomeunderage 14y) • Severalyoungpeoplewere „sent” back toSerbia, wheretheycamefrom, otherswereaccomodatedinchildren’shomeseach 2 of 3 soondisappearedwithouttrace 2. 12 Afghanchildren (betweenage 5-15y)werecoughtatthe „greenborder” • Harmfulage - assessmentprocedure (itwasdeterminedbythepolicedoctor);

  6. Asylumseekerminorsarenowplacedin a children’shome, instead of refugeecamp (ofcourseit’s more better, buttherewasfencesasaround a detentioncentres, and therewas no isolationwardwherenewarriveryouthssufferingfrominfections and parasitescould be treated and caredfor.) • Allthechildrenareeffectedby „posttraumaticstressdisorder” - educators and alsopsychologistsareunabletotreatthisproperly, thestaffalsoneedssupport • Inonedetention centre in Hungary canminorsunder 14y be placed (alienpolicingauthoritiesmaytakeintocustodyforupto 30 daysforeignchildrentogetherwiththeiradultfamilymembers) – unnecessary& no legalguaranteeforthem

  7. Thanksforyourkindattention!

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