Unfortunately, despite systematic description of this issue in the NMPT annual reports since
2012, reporting a need to resolve the problem in general interventions addressed to the Ministry
of National Education and the Ministry of Justice and despite attracting attention to the need to
introduce appropriate legislation when being asked to deliver an opinion on bills, the problem still
remains unresolved159.
lack of specialized re-socialization institution such as youth care centres (MOWs)
In a current legal system places like MOWs are divided into the ones providing re-socialization
and the ones teaching minors with light degree of intellectual disability. There is a lack of profiled
facilities dedicated for minors suffering from mental disorders, alcohol or drug abuse (as it is in case
of juvenile detention centres).
According to the NMPT, consideration should be given to the establishment of profiled MOWs
dedicated to minors suffering from mental disorders, who are addicted to psychoactive drugs or alcohol. Such profiled MOWs should contribute to better custody of such minors.
☞ Lack of specialized facilities is a big problem, as addicts or persons with mental
disorders require particular attendance and attention. Personnel of such facilities
is very often not prepared to work with such minors and instead of being treated
chiefly by means of an individual therapy, such minors are treated chiefly by means
of occupational therapy.
During a visitation to one MOW, the NMPT delegation learned about a case of one minor who
was particularly troublesome.
This was a 14-year-old boy who was admitted to the facility at the end of 2018. The opinion
on the minor, issued for the purposes of the District Court, provides that he lives in a village,
in a reconstructed family featuring distorted relations and pathologic behavioural patterns (mother’s alcoholism, unstable family situation, unstable living conditions, poverty). The
boy faced late development problems since early childhood (he started talking and walking
when he was 3). When he was 5 he started going to appointments to psychologists and educational experts. He was supervised by a psychologist and educator in the first year of primary school. It was at that time that he was hospitalized for the first time at Provincial Hospital
for the Mentally Ill, where he was diagnosed with hyperkinetic conduct disorder. After he
had left the hospital further treatment was recommended at a Mental Health Clinic. In 2015
159
64
See: Reports of the Commissioner for Human Rights on the operation in Poland of the National Mechanism for
the Prevention of Torture 2012 – 2018.
PART IV – Situation in places of detention
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