Investigations 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

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.

Proactive work – projects

A new working method is 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

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

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 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

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…

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 investigationSome problem have remained: general

conditions, staff (education, competence, lack of supervision), inadequate treatment (corporal punishment, other abuses), presence of drug-alcohol-smoking…

Comprehensive investigations (year/nr/county)

2000 3 (Budapest, Heves, Szabolcs)

2001 7 (Budapest, Hajdú-Bihar, Fejér, Pest, Győr-Moson-Sopron )

2002 5+1998 follow-up (Budapest, Pest, Jász-Nagykun-Szolnok, Csongrád)

2003 2 (Békés, Szabolcs)

2004 1 (Sopron)

2005 5 (Fejér)

2006 9 (Borsod, Somogy, Fejér)

2007 2 (Fejér, Somogy)

2008 2 follow-up(Szabolcs, Tolna)

2009 7 (Borsod-Abaúj-Zemplén, Komárom-Esztergom)

2010 4 (Somogy, Tolna)

Persistent problemsIn 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

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

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

Thank you for your kind attention!

www.obh.hu