Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
to do so. In turn, implementing provisions should specify how this testing is documented and whether its results, which legally guarantee that a juvenile’s interests
are protected, can be verified.
In accordance with the Ministry of Justice, § 3(1) of the Ordinance of the
Minister of Justice of 17 May 2007 on detailed conditions and course of treatment,
rehabilitation and reintegration as regards the addicted placed in remand homes and
shelters for minors gives grounds to test for the presence of drugs in juvenile detention centres and juvenile shelters55. The referred provision of the ordinance does
not specify entities authorised to perform diagnostic testing and provides no procedure for verifying its results.
Accordingly, it should be noted that, under current regulations, employees
of YCCs and JDCs/JSs are not authorised to conduct testing for the presence of alcohol and drugs in the organism. The regulations define no procedure of testing and
no possibility of verifying the result of a breathalyser test or a panel test.
3A. Youth care centres
3A.1. Introduction
In 2014, the representatives of the National Preventive Mechanism performed visits to 15 youth care centres, of which one was a follow-up visits56.
3A.2. Systemic problems
1. Standardisation
Visits to YCCs, which have been performed for several years, show that no uniform standards of care and equipment of youth care centres have been implemented.
During the visits, the representatives of the NPM noted that issues being a standard in
one establishment are ignored in another one (e.g. prevention programmes, self-empowerment programmes, voluntary work). The representatives of the NPM, as part of
raising standards, identified many of them in their Reports57 as good practices.
The lack of standardisation was also identified by certain directors of establishments. Therefore, developing minimum standards in organisational, infrastructural, pedagogical, care and social terms is advisable. The representatives of
the NPM were informed that a team at the Office of the Ombudsman for Children
Dz.U. No 93, item 627.
YCCs in: Herby, Skarżysko-Kamienna, Węgrzynów, Kraków – Górka Narodowa (followup visits), Rembów, Łańcut, Warsaw (No 4), Krzepice, Namysłów, Zawiść, Leśnica, Rewal,
Goździków, Wojnów, Gołotczyzna.
57
Report of 2012, p. 47, Report of 2013, pp. 71-73.
55
56
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents