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The Hungarian Ombudsman’s Investigation s About C hildren ’s Rights In Care

The Hungarian Ombudsman’s Investigation s About C hildren ’s Rights In Care. Dr. Agnes Lux legal referent, head of the children’s rights project Office of the Parliamentary Commissioner for Civil Rights in Hungary lux@obh.hu ENOC Annual Conference, Warsaw Poland 14-16 September 2011.

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The Hungarian Ombudsman’s Investigation s About C hildren ’s Rights In Care

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  1. The Hungarian Ombudsman’s InvestigationsAbout Children’s Rights In Care Dr. Agnes Lux legal referent, head of the children’s rights project Office of the Parliamentary Commissioner for Civil Rights in Hungary lux@obh.hu ENOC Annual Conference, Warsaw Poland 14-16 September 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. 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

  4. 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 • In 2012: Child-friendly justice

  5. In 2010 the priority was 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 (obligatory assistance), • the operation of the system of state provisions substituting family and the issue of adoption in this context

  6. Legal basis International (CRC) and national law (Hungarian Constitution, Child Protection Act of 1997) states, that every child has the right to protection and care provided by the family,bythe state and by the society, which is necessary to the proper physical, intellectual and moral development but the pratice shows different picture…

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

  8. Comprehensive investigations (year/nr/county)

  9. 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

  10. Solutions…? • There are 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 (it doesn’t depend on money)

  11. 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

  12. Thank you for your kind attention! www.obh.hu www.gyermekjogok.obh.hu

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