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CHAPTER III
THE DEPARTMENT FOR THE DEFENSE, PROTECTION AND
PROMOTION OF THE RIGHTS OF THE CHILD
The Children’s Advocate, under the coordination of the People's Advocate, acts in
order to promote and protect the rights of children up to the age of 18, supports and encourages
the respect and promotion of the rights of the child, according to the Law no. 35/1997,
republished, of the UN Convention on the Rights of the Child, to which Romania is a party
since 1990, of Law no. 272/2004 on the protection and promotion of the rights of the child,
and of Law no. 286/2009, the new Criminal Code, regarding the criminal liability of minors.
In 2019, at the level of the Department for the defense, protection and promotion of
the rights of the child, were registered 446 complaints, 42 ex officio proceedings, 16
investigations were carried out, 6 recommendations were issued and 24 participations in
debates, conferences, symposia having as topic the promotion and observance of the rights of
the child. In addition, we recall that from the activity of the territorial offices, detailed in
Chapter VII, 166 petitions, 481 ex officio proceedings, 139 investigations, 74
recommendations aimed at possible violations of the rights of the child. At the same time, 215
media activities were carried out with the object of presenting the duties of the Children’s
Advocate, as well as other topics of interest.
Also, 4 monitoring visits were carried out, together with the Department for the
prevention of torture in places of detention (NPM), at: the Placement Center within the
Community Services Complex “Sfânta Maria” Vălenii de Munte, the Placement Center for
Children with Disabilities Găești, Tecuci Placement Center, Galați county, “Sf. Stelian”
Ghimbav, Brașov county.
The complaints and ex officio proceedings mainly addressed the following categories
of problems: the exercise of verbal and physical forms of violence against minors in
educational establishments, residential centers or medical institutions; obtaining due rights in
the form of state allowance for children born in member states of the EU and who returned to
Romania; failure to observe the rights of children with dual citizenship, located on the territory
of other states; observing the obligations of divorced parents towards the minor children
resulting from the marriage; one parent's dissatisfaction with the contents of court decisions
by which the minor was entrusted to the other parent; the phenomenon of parental alienation;
inappropriate behavior of teachers towards students; conditions in residential type institutions;
deaths of children in medical institutions; obtaining travel documents for minors; the legal
possibilities of granting some forms of child-raising assistance; granting survivor's pension.
At the same time, 2 Special Reports have been prepared:
- The special report on the observance of children’s rights in Romania, developed
in partnership with the "Save the Children" Organization, analyzing the following main topics:
the survival and health of the child; protection against all forms of violence; equitable access
to quality education; juvenile justice; combating poverty in families and communities where
children live; increasing the quality of social services guaranteed to children; socioeducational integration of Roma children, children with disabilities, migrant children and
children with parents abroad; financing of social services from public funds and the role and
functions of the People's Advocate Institution and the Children’s Advocate.
- The special report on the result of the investigations made by the People's Advocate
regarding the prescribing of psychotropic substances for children in residential type centers
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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