Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
3A.3.2. Medical care
The most frequent recommendation on medical care was to ensure preventive examinations, including dental check-ups, to juveniles.89 Each time the visitors emphasised the need to subject newly arriving charges to medical examinations to evaluate their health condition and detect possible diseases, especially of
the locomotor system, circulatory and respiratory system.90
In their recommendations, NPM representatives also pointed out the need to
employ a nurse, to keep medicines correctly and to set up an infirmary.
3A.3.3. Disciplinary procedure
Pursuant to the United Nations Rules for the Protection of Juveniles Deprived
of their Liberty, legislation or regulations adopted by the competent administrative
authority should establish norms concerning the following, taking full account of the
fundamental characteristics, needs and rights of juveniles: (a) Conduct constituting
a disciplinary offence; (b) Type and duration of disciplinary sanctions that may be
inflicted; (c) The authority competent to impose such sanctions; (d) The authority
competent to consider appeals (Rule 68). Employees of the NPM verified whether this
Rule is reflected in the internal documents of the care centres, and more importantly if
it is applied in practice in connection with imposing discipline. Yet, it was repeatedly
discovered that the penalties the juveniles received did not comply with the rules,91
such as additional duties, physical exercise, locking the bathroom, prohibition to
go out or wearing a reflective vests, which is incompatible with the above Rule 68.
Collective sanctions, also often applied to juveniles,92 is in contradiction with UN Rule
67 which says: Collective sanctions should be prohibited and may trigger a sense of injustice among juveniles, and often even hostility towards tutors.
The visitors also had reservations about any penalties that consist in limiting contacts with people from outside the centre, e.g. restriction or suspension
of receiving and sending mail, a ban on contact with friends, limitation on
using the phone, non-provision of a pass for holidays, a ban on visits of people
from outside the centre, checking mail, etc.93
Youth Care Centres in: Nysa, Jaworek, Podgłębokie, Warsaw (No 3), Samostrzel, Goniądz, Pogroszyn, Polanów, Babimost, Józefów.
90
Youth Care Centres in: Nysa, Borowie, Jaworek, Babimost, Polanów, Rudy, Pogroszyn, Goniądz,
Warsaw (No 3), Józefów.
91
Youth Care Centres in: Jaworek, Lidzbark Warmiński, Borowie, Polanów, Rudy.
92
Youth Care Centres in: Jaworek, Podgłębokie, Lidzbark Warmiński, Samostrzel, Babimost, Wrocław, Pogroszyn, Rudy, Nysa, Józefów.
93
Youth Care Centres in: Goniądz, Pogroszyn, Rudy, Babimost, Warsaw (No 3), Podgłębokie.
89
42
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