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Landmark
of Children’s Rights Ombudsman Institution in Lithuania
Lithuanian Children’s Rights Ombudsman Institution is an independent
body controlling children’s rights protection, established on 1st
of November 2000. Among other duties, legislative body defined the right for an Ombudsman to take appeals from individuals and judicial bodies concerning children’s rights and legal interests. According to the law, Children’s Rights Ombudsman has also the duty to control the implementation of local and international legislation, regulating the protection of children’s rights and legal interests; to supervise and control institutions for children and etc. Children’s Rights Ombudsman Law empowers the Ombudsman to participate and express his/her opinion in Seimas (Parliament) and Governmental sessions where the question on children’s rights protection is under the discussion; to propose legal amendments of new policy and its implementation. The Ombudsman’s law also foresees that Ombudsman cooperates with state and local authorities, non-governmental institutions, and other persons.
Finished investigations and defined facts about children’s rights
violation stipulate very close cooperation between the Ombudsman’s Office and
Office of the President, Parliament and its committees and commissions,
Government and separate Ministries. All
the above-mentioned institutions are regularly informed about the results of
investigation. In such cases, where children’s rights are violated, Ombudsman
always claims from relevant institution to eliminate the violation. In addition,
Ombudsman suggests the proposals of legislation, participates in legal draft
discussions, workshops and etc. One of the most significant investigation, that the President of the Republic of Lithuania, as well as the Parliament were concerned about, was on Ombudsman’s own initiative to check the condition for children in four special education and foster houses. During the investigation was found that not in all of these foster houses children’s rights and legal interests are protected equally. Children’s Rights Ombudsman ascertained violations of child’s right to be healthy, right to education, right to individuality and its safety, right to the proper living conditions, right to rest and leisure. It was started to discuss the old problems about the functioning of foster houses and children’s legal position in such houses after the violations were publicly announced.
The violation of child’s right to education was found in investigation
cell for minors. When the Ombudsman made a decision about this violation and
informed both Government and Parliament, additional funds were added for
education in 2002 in investigation cell for minors.
Few investigations were started on the basis of reports from
non-governmental organizations. UN High commissioner for refugees reported about
the violations in Foreigners’ Registration Centre. After Ombudsman’s
intervention situation has changed and provisions of international legislation
has been taken into account in order to protect the rights of minor asylum
seekers.
During the investigation, Ombudsman contributes with Public
Prosecutor’s Office and Police. Besides that, Ombudsman visits children in
educational, training and foster houses, summer camps, medical treatment
institutions. After such visits children’s problems are easier recognizable
and it becomes easier to search the most optimal way of dispute solution.
Children’s rights Ombudsman pays attention to the primary link of the
work with children and family – Municipal Agencies for the Protection of the
Rights of the Child. Visits of an Ombudsman in the agencies, discussions,
negotiation with district and local administration called authorities attention
to the bad financial and poor working conditions in Municipal Agencies for
children. Children’s rights Ombudsman put many efforts to change this
situation: new Agencies were settled in the districts that did not have such
institutions for children before; some Agencies got the apartments if they did
not have it before, and etc.
It is very important to mention that Children’s Rights Ombudsman,
together with Municipal Agencies for the Protection of the Rights of the Child
support the idea of creation of Central Institution for the protection of the
rights of the child. Ombudsman’s practice and the practice of Municipal
Agencies’ corroborated the need of new Central Institution for the protection
of the rights of the child. The Central Institution would be responsible for the
problems of children rights, coordinate actions of different state institutions,
of region, city institutions for protection of children rights, as well as of
the central and local municipalities in order to ensure better cooperation and
the coordination of the implemented policy. Establishment of this new
Institution would end the creation of children’s rights protection system. In
accordance, the need of such institution was underlined by the National
Committee for the Protection of the Rights of the Child.
Only few moments on the activities of the Children Rights Ombudsman were
mentioned above. More detailed Annual Report of the Ombudsman is available in
the web site: www.lrs.lt, in the Chapter
Institutions Accountable to the Seimas.
Structural changes of the Institution, ability to increase the office and
to establish new departments in the Institution is limited because of financial
position. At this moment, 2 advisers and one specialist helps the Ombudsman to
run his/her daily tasks. It is clear, that minimal human resources in the
Institution stipulate the fact that is impossible to divide problems among the
specialists, according their specialization. It is also hard to analyze and to
embrace all the issues concerning children’s rights and legal interests; to
accomplish new ideas, projects; to use all cooperation opportunities properly
and etc.
In order to strengthen and to increase Ombudsman’s relations with mass
media and public, as well as to inform about Ombudsman’s activities –
Institution prepares to hire new specialist, who would be responsible for public
relations.
Wishing to influence political changes in a country, concerning the
protection of children’s rights and legal interests, always to have clear and
undistorted view about children’s legal status and its changes in different
regions, to hear the opinion of specialists directly working with children and
families about the problems and the solution – Children’s rights Ombudsman
decided to organize meetings, seminars, discussions systematically.
To shape the Ombudsman’s activities and to make them more tangible, to
form the public opinion about child’s position in a society – Institution
needs sufficient human resources, material and technical equipment.
During the Children’s Rights Ombudsman Institution establishment period
was not finally agreed on what should be the main mission of the Ombudsman,
which has made the Ombudsman’s ability to act narrower. Ombudsman’s position
in a state institution system, Ombudsman’s authority and Institution’s
structure were not discussed, either. It is clear from the practice, that
Ombudsman’s status, role and direction are interpreted differently by the
state institutions as well as by the public. It happens, that Ombudsman’s
concept is speculated.
Cooperation with related institutions for children in foreign counties,
participation in discussions, seminars and conferences during those two years of
existence showed further directions and changes in legislation in order to bring
together children and make them to be a part of decision making process
(establishment of advisory council for children to the Ombudsman’s
Institution).
Our goal is to be closer to a child as well as to hear and to notice him.
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Last edited by Barneombudet November 12, 2002 |