| SUMMARY |
[Top] |
|
| CONTACT
INFORMATION |
[Top] |
| Name
of Office (In National Language) |
|
| Name
of Office (In English) |
|
| Postal
Address |
Śniadeckich str. 10
00-656 Warsaw
Poland |
| Visiting
Address |
|
| Telephone |
(48 22) 696 55 44 |
| Fax |
(48 22) 629 60 79 |
| Email
address |
rpd@brpd.gov.pl |
| WWW |
www.brpd.gov.pl |
| Title
of Ombudsman |
Ombudsman for
Children |
| Name
of Ombudsman |
Mr. Pawel Jaros |
| Name
of contact person for ENOC |
Ms. Anna Ostaszewska
Director
Children’s Ombudsman Office |
| OFFICE
SIZE AND STRUCTURE |
[Top] |
| Number of staff
members |
|
| List
of staff members and functions |
|
|
| Administrative
Officers |
|
|
| Projects |
|
|
Note
|
| Summary
of annual Budget |
|
|
| Principal sources
of funding |
|
| HISTORY
OF THE OFFICE |
[Top] |
| Date the office
was established
The Ombudsman for Children in Poland was
established by the Law on the Ombudsman for Children passed on January 6,
2000. Implemented therewith was art. 72 par. 4 of The Constitution of The
Republic of Poland.
On the basis of art. 4 par. 1 of the Law
on the Ombudsman for Children Polish Parliament passed a resolution on
June 8, 2000 whereby it appointed Dr Marek Piechowiak the Ombudsman for
Children. Dr Marek Piechowiak took his vow and assumed the office on June
30.
In September 2000 Dr Marek Piechowiak
submitted a letter of resignation from the office. The Parliament of the
Republic of Poland accepted his resignation on October 25, 2000.
Mr Paweł Jaros, MP and judge, was
appointed the new Ombudsman for Children, took his vow and assumed the
office on February 16, 2001.
The office which he holds is the only one whose status
has been entered into the Constitution of the Republic of Poland. This
office is completely autonomous and the Ombudsman is accountable only
before Parliament |
| Initiator
of the Ombudsman office |
| Steps
Involved in establishing office |
|
| Major
changes in structure, focus and activities |
|
| Terms
of reference or Mission Statement |
| Standing
instructions |
| General
update: |
[Top] |
| The Ombudsman shall
be appointed by the Sejm, with the approval of the Senate, upon the motion
of the Marshal of the Sejm, the Marshal of the Senate, a group of at least
15 deputies or ate least 15 senators. A detailed procedure for proposing
candidates for the Ombudsman is defined by a resolution of the Sejm. The
Sejm’s resolution concerning the appointment of the Ombudsman shall be
sent without delay by the Marshal of the Sejm to the Marshal of the
Senate. The Senate shall adopt a resolution expressing the consent to the
appointment of the Ombudsman within one month from the receipt of a
resolution of the Sejm. Failure of the Senate to pass the resolution
within one month shall be considered as expression of the consent. If the
Senate does not consent to the appointment of the Ombudsman, the Sejm
shall appoint another person for that position. The Ombudsman in office
until now shall perform his duties until the taking of oath by the new
Ombudsman.
The term of office of the Ombudsman shall be 5 years
counting from the date of taking the oath before the Sejm. The term of
office of the Ombudsman shall expire in the event of his death or
dismissal. The same person may not perform the function of the Ombudsman
for more than two terms of office.
The Ombudsman shall be independent in his activities
from other state bodies and shall be responsible only to the Sejm in
accordance with the rules defined in the Law.
The Ombudsman may not be brought to justice or deprived
of liberty without the prior consent of the Sejm. The Ombudsman may not be
detained or arrested, except if apprehended red-handed and if his
detention is necessary to ensure the proper course of proceedings. An
instance of detention must be communicated without delay to the Marshal of
the Sejm who may order immediate release of the detained.
The Ombudsman may not hold another position or be
engaged in any other professional occupation and may not conduct any
public activities that cannot be reconciled with the duties and dignity of
his office.
The Sejm, with the approval of the Senate, shall dismiss
the Ombudsman prior to the end of his term of office if: the Ombudsman has
resigned from his office; has become permanently unable to perform his
duties due to illness or loss of physical fitness certified by a medical
opinion; has acted contrary to the oath taken.
The Sejm shall pas a resolution concerning the dismissal
of the Ombudsman upon the motion of the Marshal of the Sejm, the Marshal
of the Senate, a group of at least 15 deputies or at least 15 senators.
The resolution on the dismissal of the Ombudsman shall be sent without
delay to the Marshal of the Senate. The Senate shall adopt a resolution
concerning the expression of the consent to dismiss the Spoeksman within
one month from the date of receipt of the resolution of the Sejm. Failure
of the Senate to adopt the resolution within one month shall be considered
as expression of the consent.
The Ombudsman shall present to the Sejm and the Senate
on annual basis information on his activities and comments on the state of
the observance of children’s rights. Information of the Ombudsman shall
be publicized.
The Ombudsman shall carry out his duties with the
assistance of the Children`s Ombudsman Bureau. The organization of the
Bureau shall be defined by statute conferred by the Marshal of the Sejm.
Expenditures connected with the functioning of the Ombudsman shall be
taken into account in the Budgetary Law and covered from the funds of the
State budget. |
| AIMS
|
[Top] |
| Aims
The Ombudsman for Children takes steps
to ensure complete and harmonious development for children with due
respect for their dignity and empowerment. The main directions of action
are defined by the Law on the Ombudsman for Children which puts particular
emphasis on:
 | the right to live and to healthcare |
| the right to a family upbringing |
| the right to adequate social conditions |
| the right to education |
According to the Law, the Ombudsman shall also take
appropriate action to protect children against violence, cruelty,
exploitation, depravation, neglect, and other maltreatment.
To further the goal of comprehensive and harmonious
development of children it is essential that a comprehensive approach to
children’s rights be adopted. Comprehensiveness of the approach to
children’s welfare is one of the distinctive features of the office of
the Ombudsman for Children.
The principles which the Ombudsman for Children follows
include:
| the welfare principle (any action that is taken shall
be taken with regard to the child’s best interest) |
| the equality principle (equal care shall be taken to
further the full development of each and every child and particular
attention shall be given to children who need more to attain that
level of development). |
| the principle of respect for parents’ rights and
duties pertaining to caring for their child’s development and
upbringing. |
|
| Functions |
[Top] |
| The
Ombudsman shall undertake actions provided for in the Law on his own
initiative while taking into account, in particular, information
indicating to infringement of the rights or the interest of a child.
The Ombudsman may:
- apply to public authority agencies, organizations or
institutions for the provision of explanations and the necessary
information as well as for making available for inspection their files
and documents, including those containing personal data,
- apply to the relevant bodies, including the Civil
Rights Ombudsman, organizations or institutions demanding that they
undertake actions to the benefit of a child within the scope of their
competencies.
The Civil Rights Ombudsman in Poland shall deal with
matters directed to him by the Ombudsman for Children’s Rights.
The Ombudsman shall present to relevant public authority
agencies, organizations and institutions reviews and motions aimed at
ensuring effective protection of the rights and the interest of the child
and at rationalization of the procedures for dealing with such matters.
The Ombudsman may also apply to the respective bodies
demanding that they undertake a legislative initiative or issue or amend
other legal acts. The bodies, institutions and organizations to which the
Ombudsman has submitted motions shall be obliged to take a position with
respect to such motions within 30 days from their receipt. |
|
| Other
publications or studies available |
|
| Achievements |
[Top] |
| Establishment
of the Office of Ombudsman for Children with his competencies has greatly
enriched the set of instruments protecting children’s rights. The
instruments of intervention accessible to the Ombudsman for Children are
so-called "soft" instruments. They resemble the instruments at
the disposal of international organs responsible for the supervising of
the implementation of treaty obligations referring to human rights, e.g.
the UN Committee on the Rights of the Child.
The Ombudsman responds to individual problems or
complaints from children or those representing children (many successful
interventions in individual cases.). He initiates and supports changes in
the law (especially in healthcare and criminal law) so as to further
respect of children’s rights:
| Work is under way to enforce recognition of abuse of
a minor as a separate crime |
| Changes in the law concerning a separate category of
services for children living in foster families. |
| Appeal to the Senate concerning the influence of
alcohol advertising on children and adolescents. |
| The Ombudsman approached the Minister of Finance
requesting tax reduction for NGOs offering grants to children from
poor families (the Minister of Finance refused but Parliament passed
the appropriate legislation in accordance with the motion of the
Ombudsman for Children. |
The Ombudsman takes action in individual cases. He
organizes meetings with groups of children. He takes part in television
programs and other media presentations. He has an influence on policy
development at national and local levels.
The first period of the work of the Ombudsman for
Children in Poland shows that efforts to promote the human rights of
children have been rewarding in many ways. The following major advantages
of the Office of Ombudsman may be indicated: it is possible to take a
distinctive and exclusive children’s perspective; to provide a high
profile individual(s) to whom children can relate; the Office is designed
specifically to relate to children, keep in touch with children’s views
and feelings and emphasize the priority which should be accorded to
children.
The Office is the best place for data collection on
children, for monitoring the impact of laws on children and for monitoring
the implementation of the Convention on the Rights of the Child.
The Office has a separate, guaranteed budget devoted to
children’s rights. |
|
Challenges |
[Top] |
| to promote the full implementation of the Convention
on the Rights of the Child; |
| to influence the laws and policies which will affect
the human rights of children by responding to the government and
actively proposing changes; |
| change in the form of care for abandoned children
from institutional to family care. |
| aid for children from regions with a high risk of
structural unemployment (access to education, beggary, poverty). |
| perception of the rights of the child in treatment in
the days of health care reform in Poland. |
| expanding the range of prophylactic check-ups for
children. |
| to collect and publish data on the recognition and
enjoyment of children`s human rights and encourage the government to
collect and publish adequate data; |
| to promote awareness of the human rights of children
among children themselves and adults: |
| to promote activity aimed at protecting children from
harmful information ("Coalition against violence in the
media") |
| to protect children against all forms of violence
(with a special emphasis on bullying in schools). |
| problem of child prostitution and trafficking. |
| Child abandonment. |
|
