Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
b) Disciplining
In each visited establishment the Mechanism found some irregularities concerning disciplining of juveniles.
An analysis of documentation and interviews with juveniles showed that sanctions
used in the majority of establishments included disciplinary measures which, in the opinion of the Mechanism, should no longer be applied. Such sanctions include:
– Transfer to another centre – pursuant to § 7 of the Ordinance of the Minister of National Education of 27 December 2011 on detailed rules for referring, admitting, transferring, releasing and holding juveniles in a youth care centre155, a juvenile may be transferred
to another centre in justified cases of importance for efficiency of the rehabilitation or
therapeutic process, based on the assessment of advisability of juvenile’s further stay in the
centre performed by a team which plans and coordinates psychological and pedagogical
assistance offered at the centre. In the opinion of the NPM, transfer should not be used
as a disciplinary measure. This position is also confirmed by the Recommendation CM/
Rec(2008)11 of the Committee of Ministers to member states on the European Rules for
juvenile offenders subject to sanctions or measures156. Juveniles shall not be transferred as a
disciplinary measure (Recommendation 97) (refers to Youth Sociotherapy Centre in Ustka,
Youth Care Centre in Kalisz, Youth Care Centre in Kraków, Youth Care Centre in Wielkie
Drogi, Youth Care Centre in Rzepczyno, Youth Sociotherapy Centre No 3 in Łódź, Youth
Sociotherapy Centre No 4 in Warsaw, Youth Care Centre No 2 in Warsaw, Youth Care Centre in Łękawa, Youth Care Centre in Kalety, Youth Care Centre in Kamionek Wielki, Youth
Sociotherapy Centre No 5 in Warsaw);.
– Work for the centre – Rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty157 states clearly that labour cannot be a disciplinary measure.
In the opinion of the NPM, such a sanction may in practice lead to pejorative perception of work by the juvenile and discourage him/her to seek employment in the future.
The Mechanism explained that the reservations did not concern situations where juveniles
perform additional work for the centre to win additional points (or eliminate negative
score), if they request themselves to perform such work. Furthermore, in the opinion of
the Mechanism, an educational measure in the form of cleaning may be used when juveniles litter, do not change their footwear or make a mess, since such a measure will teach
them to respect the work of others as well as to care for cleanliness and order (refers to
Youth Sociotherapy Centre in Ustka, Youth Sociotherapy Centre in Piaseczno, Youth Care
Centre in Wielkie Drogi, Youth Care Centre in Rzepczyno, Youth Sociotherapy Centre No
3 in Łódź, Youth Care Centre No 2 in Warsaw, Youth Care Centre in Łękawa, Youth Care
Centre in Kamionek Wielki, Youth Sociotherapy Centre No 5 in Warsaw);
Dz. U. of 2011 No 296, item 1755.
Recommendation CM/Rec (2008)11.
UN General Assembly Resolution 45/113.
155
156
157
86
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents