In the Republic of Macedonia the Public Attorney is a constitutional institution authorised to protect the constitutional and legal rights of the citizens , when these rights are violated by the state administration bodies and other bodies and organisations with public competences . The Department for protection of children’s rights is functioning as part of this institution . The competence and the functioning of the Public Attorney are prescribed by the Law on the Public Attorney .

The Department for protection of children’s rights is undertaking its activities in accordance with the competences and functioning of the Public Attorney prescribed by the Law .

Since the establishment of the institution of the Public attorney until the present day no changes have been made in the structure of the institution .

Concrete activities of the Department for protection of children’s rights

The Department for protection of children’s rights has been undertaking the following activities in its work :

- it is primarily working on specific cases for protection of the children’s rights initiated following a submitted complaint and initiated on its own initiative.

In the procedure for the complaints for an established violation of a right most often a recommendation and a suggestion are submitted to the competent bodies for the adequate solution of the problem . besides the written suggestion , very often making direct contacts with the competent persons in the competent bodies is being practiced .

- it is also continuously following the legislation and its implementation in the accomplishment of children’s rights and submits its proposals and suggestions for changes and amendments to the laws, passing new laws and the adequate implementation of the existing legislation and the Convention on the Rights of the Child .

- it has prepared a brochure titled " Know your rights " for the purpose of educating children about their rights, the institutions where they can accomplish these rights and to get acquainted with the role of the Department. The brochure is distributed to all the primary and secondary schools and during those visits it is discussed about the rights and obligations of children and who has to provide their accomplishment and how are they accomplished in everyday life .

- it is continuously monitoring the accomplishment of the rights of children accommodated in the institutions through regular visits and direct contacts with the children and submits appropriate proposals for the improvement of their position to the competent bodies . Pamphlets are currently being prepared on the rights of children in institutions which will be distributed to all institutions where children are accommodated .

- it is also monitoring the situation concerning the observation and accomplishment of the rights of children with special needs who are accommodated in special institutions through regular visits and direct contacts and with its proposals which were submitted to the competent bodies it participated in the starting of the deinstitutionalisation process in the Republic of Macedonia .

- On the basis of the monitoring of the state of children on the street/street children it has submitted a proposal for the opening of a shelter for this category of children and which will work as a sort of a day centre with the purpose of helping the children and their parents accomplish their rights , protecting the children and creating conditions for the children to remain with their families.

The proposal has been accepted and is being carried out.

- it monitors the problem with the victims of human trafficking in the Republic of Macedonia and has submitted a proposal to open a shelter for these people and this has been accepted. At the moment , pamphlets on the rights of children victims of human trafficking are being prepared .

- it has regularly been visiting the refugee camps in the Republic of Macedonia in order to monitor the situation concerning the accomplishment of the rights of children refugees and it has submitted its proposals to the Government of the Republic of Macedonia for the consistent respect of their rights .

The work that falls under its jurisdiction and the measures which the Department is undertaking are within the framework of the constitutional and legal authorisations of the institution of the Public Attorney . The Department can undertake measures for the protection of children’s rights before the bodies of the state administration and the organisations with public competences . If the competent bodies do not act on the requests , recommendations , suggestions or other measures undertaken in accordance with the Law , then the immediate higher body is being informed which is the Government of the Republic of Macedonia, and through a special report so is the Parliament of the Republic of Macedonia. It can also publicly declare that the rights of children are being violated by the competent state bodies in order to put pressure to respect the rights of children.

At least once a year a report is submitted to the Parliament of the Republic of Macedonia on the work of the Public Attorney in which a special place is devoted to the report on the work of the department for protection of children’s rights . The report is published through the public information media .

Since the start of work of the Department , complaints have most frequently been submitted by parents which has bereaved us of many direct contacts with children , even though very often the child is being called for a talk . However , since the making of the brochure " Know your rights " and the visits to the primary and secondary schools and the institutions which accommodate children for the purpose of distributing the brochure and talking about its contents , the Department is directly getting to know about the problems which children face , and the children have learned that they can call and seek protection of their rights from the Public Attorney , that is from the Department for protection of children’s rights . It has contributed fro children to call themselves and to seek protection of their rights.

The Department is continuing to closely collaborate with NGO’s in the Republic which work on protection of children’s rights and is getting information more often from these organisations concerning certain violations of children’s rights for which it takes appropriate measures.

The collaboration of the Department with the UNICEF Office is on a high level and with the expert and financial support it receives manages to successfully realise its goals and tasks.

Positive changes for children which have occurred thanks to the active participation of the Department for protection of children’s rights

Following the initiative of the Department the procedure was accelerated and a new Law on Children Protection was passed which included most of the proposals of the Department.. This Law , as proposed by the Department, defines which persons are considered children enjoying special protection guaranteed by law by the state ( persons up to 18 years of age ), in accordance with the Convention on the Rights of the Child . Following another proposal by the Department , the discrimination of the fourth child after its birth has been removed which according to the former legislation didn’t have the right to a special child supplement , in families with social risks. In relation to this , the conditions which the parents have to fulfill in order to realise this right were changed , because in the former law unemployed parents couldn’t realise the right to a child supplement. With this, within the possibilities of the state conditions were improved for the accomplishment of the right to an appropriate standard of living for children .

The new Law on Children Protection also includes the proposal of the Department that children with special needs who attend school are not to be excluded from using the right to a special supplement , as was the case in the old Law . Concerning this category of children in the new Law ,following a proposal by the Department , integration of these children is planned in the educational process as early as preschool age with their inclusion in the kindergartens . The activities undertaken by the Department have helped in starting the process of deinstitutionalisation which is being carried out at the moment in the Republic of Macedonia.

The acceptance of the Department’s proposal for the opening of a shelter for street children meant a step forward in the protection of the rights of these children who most often have parents , but are abused by their parents . This shelter will work as a sort of a day centre in which these children will work with professionals of all appropriate profiles with the purpose of their inclusion in the educational process and full social reintegration . and also with their parents by educating them on children’s rights which will prevent the abuse of children by their parents . The children will stay in this shelter only during the day and they won’t be separated from their families.

The proposal of the Department was also accepted for the establishment of a shelter for the victims of human trafficking which involves a great number of children. The shelter is formed under the Ministry of Internal Affairs and is already functioning , but the Department will continuously visit them and follow the situation concerning the accomplishment of the rights of children victims of this criminal act and at the same time will educate them with the help of the pamphlets which will be distributed about their rights.

The proposals for changes to the whole legislation covering children’s rights , which the Department for the protection for protection of children’s rights submitted to all the Ministries , have been positively received and the Ministries are already working on their implementation with the help of the National Committee for children’s rights formed by the Government of the Republic of Macedonia , where I play an active role as the Head of the Department for protection of children’s rights and Ombudsperson in charge of protection of children’s rights .

The education of children with the help of the brochure " Know your rights " has greatly contributed to the raising of children’s awareness of their rights and obligations as well as the role of the Public Attorney and the Department for the protection of children’s rights

Difficulties and obstacles in carrying out our work

In accordance with the Law on the Public Attorney , the state administration bodies and other bodies and organisations with public authorities are obliged to act upon the requests of the Public Attorney and the Department for protection of children’s rights and to implement their recommendations , opinions and suggestions in their actions . However , there is still a lack of complete awareness about the role and function of the Public Attorney and the Department for protection of children’s rights because of which certain competent state administration bodies do not act upon our requests , suggestions and recommendations . Because of this , the Public Attorney and the Department for protection of children’s rights are submitting appropriate information to the Government and the Parliament of the Republic of Macedonia concerning the illegal actions of certain state bodies in order to create conditions for the accomplishment of children’s rights.

In certain cases , the difficulties for a consistent accomplishment of children’s rights are comprised in the limited material resources of the state , due to which the Department is not able undertake any specific measures except to request that the competent bodies give priority to children’s rights when allocating and using their resources .

Because of terrorist attacks in certain areas in the Republic of Macedonia basic children’s rights are being jeopardised , but the Department is not able to undertake other measures then to appeal and ask the competent bodies to take all possible measures for the protection of children.

Last edited by Barneombudet March 22, 2004
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