Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
mains insufficient. As a result of the visits of centres for juveniles, the representatives of the NPM noticed the use of many practices which interfere with
the rights of minors to liberty and privacy, not regulated by the Act.
According to representatives of the Mechanism, actions should immediately
be taken to regulate the following issues in a legal act of the statutory rank: access of minors to medical care (including specialist care for pregnant minors),
contacts of minors with their parents/legal guardians and a lawyer (including
contact by phone) and the procedure of isolating minors in police emergency
centres for children, performing personal searches in juvenile detention centres and the use of CCTV in places of detention for minors.
The situation of pregnant juveniles and juveniles and their children after birth
is a systemic problem which remains unsolved.
This problem, indicated in the 2012 Report, has not been resolved yet. Analysis of the materials collected by the staff of the Office of the Human Rights Defender, including those presented during debates on the motherhood juveniles,
confirmed the earlier position that the current solutions are insufficient. The juvenile mothers for whom it is possible to stay with their children leave the juvenile
detention centre of or the care centre and thus interrupt the process of rehabilitation. They return to the family home, which is often pathological, or are referred
to homes for single mothers, which do not provide adequate influence or support.
It is very rare that a minor mother with her child is referred to a specialised foster
family. In other cases, however, the mother and her baby are separated: the mother
stays in the facility, while the child is adopted, placed in a foster family or in a children’s home. In the opinion of the Human Rights Defender, expressed inter alia
in correspondence with the Ministers of National Education and of Justice,83 rehabilitation establishments should have homes (or wards) for mothers with children
where juveniles could stay together with their children in adequate conditions.
The creation of wards for juveniles with children is therefore addressed to girls
and their offspring for whom it is impossible to return to their family home
because of its dysfunction or because they have none, and who require further
rehabilitation influence, assistance and support. This solution aims primarily
at protecting the value of family and maternity in accordance with Article 18 of
the Constitution of the Republic of Poland.
83
RPO-742891-VII-720/13/KG/MMa.
40
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