Poland Update 2002
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Ombudsman for Children in Poland 

The Ombudsman was undertaking 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 was:

1)      applying 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,

2)      applying 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 Ombudsman was presenting 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 was also applying 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 was obliged to take a position with respect to such motions within 30 days from their receipt. 

The Ombudsman responded to individual problems or complaints from children or those representing children (many successful interventions in individual cases.). He initiated and supported 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).
aid for children from regions with a high risk of structural unemployment (access to education, beggary, poverty).
technical control of school buses
facilities for disabled children
enlargement of the list of refunded medicines.

Taking into account difficulties and obstacles one can point out:

political pressure from the government and coalition parties
the attempt to vote annual information on the Ombudsman for children activities and comments on the state of the observance of children`s rights in the Parliament (was not in accordance with the Law)
unprofessional assessment of accomplishment of the budget by Commission of the Parliament (although the assessment made by the Supreme Chamber of Control was positive)
lack of agreement in Parliament on the budget for development of the institution.
 

Last edited by Barneombudet November 12, 2002
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