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Nevenka Krusarovska

Deputy Ombudsman in Charge of Protection of Children’s Rights

Authority and Structure of the Ombudsman’s Office and the Department for Protection of Children’s Rights

The Ombudsman’s Office in FYR Macedonia is in charge of protection of the constitutional and legal rights of the citizens when infringed by administrative and other bodies having public authority. The Office includes a Department for Protection of Children’s rights. The Ombudsman is an independent organ. The deputies of the Ombudsman are elected, and discharged by the Assembly of FYR Macedonia for a mandate of eight years with the right to be re-elected. The Law on the Ombudsman governs the conditions for election and discharge, the authority and the working procedures of the Ombudsman.

Pursuant to the Law, the Ombudsman initiates actions on the grounds of a complaint (written and oral/minutes, and via telephone, fax and e-mail) or on its own initiative, after having obtained the consent of the person whose right(s) is being infringed. The Department for Protection of Children’s Rights acts in conformity with the authority and the working procedures of the Ombudsman, as defined in the Law on the Ombudsman.

Concrete Activities of the Department for Protection of Children’s Rights

The Department for Protection of Children’s Rights works primarily on concrete cases of protection of the rights of a certain child, initiated on the basis of a complaint or own initiative. In the work to present, the number of complaints submitted by children is low, that is, complaints are most often submitted by their parents or guardians. Often, actions are initiated on the Department’s own initiative on the basis of findings of a right being infringed, obtained by way of mass media or telephone calls from citizens.

When the Department concludes that a certain right is being infringed, it most often submits information and recommendations to the authorities in charge for solving the problem.

In the light of proper application of the legislation and consistent observation of the children’s rights, the Department is continuously reviewing the pertinent legislation and is giving proposals for amending the laws, as well as for improving the wrong, incorrect and inappropriate application thereof.

Having reviewed the entire legislation pertaining to protection of children’s rights according to the Convention on the Rights of the Child, the Department has submitted to all competent authorities proposals for amending the said legislation so as to fully integrate and apply the Convention on the Rights of the Child.

For the purpose of increasing the children’s awareness of their rights, the Department organizes training of citizens and children. Training is being delivered and public is being acquainted with the work of the Department and the rights and duties of children through public appearances in written media and television programs, printing and dissemination of written materials and brochures, and direct contacts with parents, teachers and children in schools and other institutions in charge of education and care for children.

The Department pays particular attention to the problems, i.e. rights of disabled children. It monitors the success in obtaining special protection for such children on the basis of submitted complaints. Having in mind that in the Republic of Macedonia disabled children are most often placed in special institutions financed by the state, we visit such institutions and propose necessary measures so as to improve their condition. However, the position of the Department is that disabled children remain in their families and be placed in institutions only as a last resort. To this end, we propose that the State provides material, professional and other resources to families having disabled children in order to encourage them to keep their children, as the family is the most appropriate environment for children’s normal growth and development.

In respect to the realization of the children’s rights, there are certain problems in the field of health protection resulting from a vast number of companies failing to meet their obligations toward the health insurance funds due to low living standards and insolvency. The Department is making efforts to change the existing pertinent legislation by submitting proposals and findings, as well as to find ways for children to receive health care regardless of circumstances and legal impediments.

There are still children in the country who live in entirely inappropriate living conditions that do not satisfy the minimum requirements for leading a normal life. Therefore, due to the poverty and the family tradition, they spend all their time in the streets and obtain means for survival in many different ways.

In order to solve and lessen this problem, the Department concluded that the Republic, having a constitutional obligation to take special care of children, should undertake a number of concrete measures in order to apply the provisions of the Convention on the Rights of the Child.

Namely, in a particular information that it has submitted to the Government and the ministry in charge of the matter, the Department indicated that the Government activities concerning social welfare, education and other areas should take into consideration the best interest of the child.

In order to resolve the problem of "street children" and ensure that children’s rights are observed, as well as that conditions are created for children to live and develop in their families, the Department proposes the following measures:

To devote particular attention to families whose children are in the streets, in particular to families that deliberately send or force their children in the streets to bag or engage in other illegal activities, in order to create conditions for their financial situation to be improved so that they can take better care of the children and their development. To pay particular attention to the education of parents and children about their respective rights and duties. To treat children as separate entities with their own rights and duties, meaning that the State will provide financial and other assistance personally to the children, and not only through the parents, which requires legislation to be amended. A more consistent and more frequent supervision of the parental right, undertaking appropriate measures so as to provide realization of the rights and interests of the children and protection against abuse and neglect by their parents. In undertaking any measure the best interest of the child must be taken into consideration. To create conditions for children to remain with their parents or to live with other families and avoid placing children in institutions as a permanent solution. To supply certain stimulating means to "street children" to encourage them to attend educational institutions. To establish shelters for temporary placement of children living in streets, where professionals will provide assistance not only to the children, but to their parents as well.

The Department is also undertaking activities to ensure that in the educational system the children’ rights are being observed and implemented. Therefore, a brochure-guide on the children’s rights in the Republic of Macedonia guaranteed with the Convention on the Rights of the Child, the Constitution of the Republic of Macedonia and the existing legislation and sub-statutory regulations was developed. Several copies of the brochure will be delivered to all primary and secondary schools in order to familiarize children with their rights, as well as how and when they can be implemented, to acquaint teachers and other educational workers with the rights of the children so that they can observe them and to undertake measures for consistent implementation of children’s rights not only in the education, but in all other segments as well.

Procedures and Interrelations among the Department,

the Assembly of the Republic of Macedonia,

the Government and other state bodies

Activities and measures that the Department undertakes must fit in the framework of the constitutional and legal authority given to the Office of the Ombudsman. The Ombudsman’s Office, and accordingly the Department for Protection of Children’s Rights, may undertake measures for protection of citizens i.e. children’s rights before public administration bodies (ministries and their agencies, funds, public institutions and services, schools and other organs, and public administration organizations) and before organizations having public authority (radio-broadcasting, the post, the railway, the central-heating utility, the power utility, the communal utility and other public services and organizations defined by law as organizations that perform activities of public interest).

If the public administration bodies or other bodies addressed by the Department for Protection of Children’s Rights fail to act upon the requests, recommendations, findings or other measures undertaken in compliance with the Law on the Ombudsman, a higher body, i.e. the Government of the Republic of Macedonia, will be informed. Alternatively, the Assembly of the Republic of Macedonia may be informed with a special report, or the infringement of children’s rights may be publicly announced in order that authorities in charge of the matter are publicly pressured so as to observe the rights of the children.

The Ombudsman is obliged to submit a report to the Assembly of the RM at least once a year. This report, which, in large extent, focuses on the work of the Department for Protection of Children’s Rights, is published in the mass media.

Taking into consideration the short period of operation of the Ombudsman’s Office, the awareness of the authorities and organizations in FYR Macedonia is still not at a high level, because of which they still demonstrate resistance in accepting our proposals and recommendations. However, I can say that the authorities in charge of the matter are more responsive and that most of the Department’s proposals have been accepted. However, it is till necessary to impose on these bodies so that they begin to fully respect the proposals and recommendations of the Ombudsman. Hence, we use the mass media more frequently as they manage, by way of public pressure, to force the relevant authorities to act upon our proposals and recommendations.

Relations between the Department and the Children

In the work of the Department to present, and acting upon the complaints, we have rarely had an opportunity to establish direct communication with children, as most often complaints are submitted by their parents. However, more and more frequently we ask parents to bring their children into our office, so that we can hear the child’s opinion about the problem. Of course, this would depend on the child’s age and maturity. In respect to undertaking comprehensive measures, we engage in direct contact with large number of children in the schools and institutions where they are placed for upbringing and care. Unfortunately, sufficient conditions and possibilities to establish direct communication with children have not yet been created. The Department will make efforts to meet children more frequently and discuss their problems directly with them, as opposed to discussing them with their parents and responsible persons in the institutions.

Undertaken Activities that Have Resulted in Positive Changes in the Legislation

and Resolution of Problems Related to Protection of Children

- The Department for Protection of Children’s Rights has submitted proposed changes to the legislation pertaining to state financial support for parents who are unable to provide the minimum living standard for their children, and has proposed all children, without discrimination, to be eligible for such support, as opposed to such financial support being given up to the third child in a family and to children whose parents are employed. As the proposed changes were accepted, underway is the adoption of a new Law on Protection of Children. In addition, a number of our proposals and comments regarding a full compliance of this Law with the Convention on the Rights of the Child were also accepted.

- The Department’s proposal on resolving the "street children" problem is accepted;

- A brochure on the work of the Department for Protection of the Children’s Rights has been developed and has contributed to educating citizens about children’s rights and the possibilities to seek protection from this Department. It also resulted in an increased number of calls in the Department;

- A brochure-guide on all children’s rights that are observed in the Republic of Macedonia in conformity with the Convention on the Rights of the Child, the Constitution and the legislation has been developed, to serve for education and raising awareness about children’s rights and realization thereof;

- On initiative of the Department, several actions were initiated for protection of the rights of a particular child and the cases were resolved by implementing the child’s rights or providing protection;

- Other activities have also been undertaken to make the legislation pertaining to children’s rights fully compliant with the Convention on the Rights of the Child. These have not yet given concrete results, but positive reply from the authorities in charge of the matter is expected as soon as possible.

Relations between the Department and the Non-governmental Organizations

The Department cooperates closely with non-governmental organizations in the Republic of Macedonia that engage in protection of children’s rights and, before the state bodies, undertakes measures to jointly resolve certain problems that the said organizations face.

The Department supported the proposal for establishing a Coalition of non-governmental organizations for protection of children’s rights and is an active member.

The Department cooperates closely with the Office of UNICEF in the Republic of Macedonia, which provides expert and financial support for the implementation of the program objectives.

Skopje, 22.09.2000

Last edited by Barneombudet March 22, 2004
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