Youth care centres and youth sociotherapy centres
• granting juveniles the right to appeal themselves against some decisions of
directors in executive, educational/corrective proceedings, etc.
The representatives of the NPM are of the opinion that since the above issues
interfere in the rights of juveniles, they should be regulated in an act as they concern the right to freedom, privacy in a broad sense or dignity.
2. Lack of generally binding regulations on disciplining juveniles.
The representatives of the NPM are currently in correspondence about regulating a part of the Act on juvenile delinquency proceedings concerning the formative measure, i.e. punishments for juveniles placed in youth care centres. During
the visits to those places, the visiting team had reservations about the systems for
punishing juveniles which were laid down in the statutes of those establishments,
in line with § 8(3) of Annex 3 to the Ordinance of the Minister of Justice of 7
March 2005 on framework statutes of public establishments.82 The representatives
of the Mechanism pointed out that punishments imposed on juveniles placed in
your care centres beyond any doubt concern the personal freedom of an individual, protected by Article 41(1) of the Constitution of the Republic of Poland, which
stipulates that every regulation concerning personal freedom must be explicitly
regulated in an act. The Act of 7 September 1991 on the education system83, which
established youth care centres, does not include any regulation on rewards and
punishments imposed on juveniles staying in such centres. Nor does the Act on
juvenile delinquency proceedings. Punishments and rewards for juveniles, which
often intrude on their personal freedom, are therefore regulated not in the generally binding legal acts but only in internal regulations which stands in contradiction to Article 41(1) of the Polish Constitution. Therefore, the Human Rights
Defender filed a request to the Minister of National Education84 on 21 March 2012
for legislative initiative in this regard. In reply, the Defender was informed that the
issue had been analysed by the Ministry of National Education and referred to the
Ministry of Justice which coordinates the work on the Act on juvenile delinquency
proceedings. Since the issue was not resolved as requested by the Defender, it is
monitored by the NPM.
Dz. U. No 52, item 466.
Dz. U. of 2004, No 256, item 2572, as amended.
84
RPO-699184-VII-720.8.4/11/MC
http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1633495.
Further correspondence concerning the issue was also marked with the same reference number,
http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1648658
82
83
43
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