Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
3. Youth care centres and youth sociotherapy centres
3.1 Introduction
In 2012, the representatives of the National Preventive Mechanism performed
visits to 8 youth care centres, of which 2 were revisits, and 4 youth sociotherapy
centres, of which one revisit.
3.2 Systemic recommendations
1. Necessity to draw up a new Act on juvenile delinquency proceedings
The analysis of legal regulations on the functioning of youth care centres led
the representatives of the NPM to the conclusion that the Act on juvenile delinquency proceedings is not appropriate and is insufficient for the current level of
legal protection of juveniles. Executive proceedings, which determine the use of
educational, therapeutic and corrective measures, must be further defined more
precisely. According to the representatives of the NPM, relevant actions should
be taken or work should be restored on the new Act on juvenile delinquency proceedings. Executive proceedings with regard to both formative and corrective
measures should take into account the progress in the area of protection of human
rights, in particular the rights of juveniles. The examples of issued which should be
regulated in the Act on juvenile delinquency proceedings, and are not regulated in
any generally binding legal acts or are regulated in ordinances, include:
• strip searches of juveniles;81
• use of CCTV;
• inspection of places used by juveniles;
• access to fixed line and wireless means of communication and the method
and forms of control while using them;
• use of punishments/penal measures;
• possibility to wear own clothes and footwear and applicable restrictions;
• use of procedures consisting in isolating a juvenile from the educational
group;
• granting of leaves and holiday leaves;
• medical (preventive and obligatory) treatment of juveniles;
• use of direct coercive measures;
It concerns only the juveniles staying in juvenile detention centres and juvenile shelters.
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