Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
The NMPT also emphasizes the need to urgently regulate the use of video surveillance in establishments for juvenile offenders. The NMPT’s visit
to one of the establishments71 showed that video surveillance was used in
5 bedrooms of juvenile residents which, under the current legislation, constitutes unlawful interference with their right to privacy. There is a need for
a parliamentary act that would govern the right to install video surveillance
systems in schools and educational institutions, as well as the rules and purposes of their installation, recorded data storage, access to surveillance camera recordings, data security and possible requirements for marking areas
under video surveillance.
The legislative process of drafting the bill will continue to be monitored
by the NMPT.
2. Lack of systemic solutions applicable to pregnant juveniles
as well as juvenile mothers and their children
Since 2012, the NMPT has been highlighting the need for legislative
changes with regard to juvenile mothers - residents of youth care centres
and juvenile detention centres72.
Article 16(3) of the currently applicable Regulation of the Minister of
National Education of 2 November 2015 on the types and operating principles of public-sector establishments for children and youth, conditions of
children and youth’s stay in such establishments, as well as fees and rules
of payment by parents for such stay73 (hereinafter referred to as the regulation) only provides that youth care centres shall support juvenile mothers
in taking regular care of their children and in the child upbringing process,
unless otherwise decided by a family court in accordance with Article 96(2)
of the Act of 25 February 1964 – the Family and Guardianship Code. In his
general intervention of 21 January 2016 to the Minister of National Education74, the Commissioner suggested restoring the original wording of the
aforementioned provision, contained in the draft regulation of 7 August
2015, which provided that juvenile mothers should live in youth care centres
together with their children on regular basis. According to the CHR, the lack
YCC in Gostchorz.
Cf. Reports of the Commissioner for Human Rights on the activities of the National Preventive Mechanism in Poland in: 2012 – p. 46, 2013 – p. 68-69, 2014 – p. 45-46, 2015 – p. 36-37. The reports are available on the CHR website under the tab Reports on the activities of the National Preventive Mechanism.
73
Dz. U. of 2015, item 1872.
74
CHR’s general intervention to the Minister of National Education of 21.01.2016, ref. no. KMP.573.52.2014
71
72
34
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