Report of the CHR on the Activities of the National Preventive Mechanism in Poland delinquency proceedings provides for using CCTV surveillance in juvenile detention centres and juvenile shelters. Therefore, it violates the requirement of Article 31(3) and Article 41(1) of the Constitution of the Republic of Poland that any limitation of the freedoms and rights of an individual may be imposed only by statute. Having this issue regulated in the Ordinance is contrary to constitutional standards and must be eliminated72. 4.3 Strengths Just as in 2014, the following strengths of juvenile detention centres and juvenile shelters should be mentioned: workshop and school facilities (rooms provided with necessary educational materials, equipment, machinery, multimedia devices), libraries with an extensive collection of books, sports facilities (including playgrounds and gyms), a wide range of extracurricular activities, including special interest groups (e.g. sports, IT, artistic, culinary, computer graphics and printing groups), rehabilitation programmes (e.g. training of social skills against aggression, programmes addressing addiction issues, HIV/AIDS prevention and sexually transmitted diseases, programmes of creative and self-esteem building activities). The following good practices were identified by the representatives of the NPM in visit reports in 2015: • A brochure for parents developed by a psychologist and a pedagogue as part of regular meetings, entitled Threats of adolescence, with information on how to prevent children escapes, how to react, not only when a child escaped from home, but also how to behave after his/her return73. The aim of brochures is to help parents of children for whom children escapes are also a difficult situation and who do not always know how to react to it. • An instructional video for newcomers to prepare them to live in an establishment74. The video aims at presenting situations that may occur when staying in an establishment and what rights and obligations a juvenile has. • The “School differently” education project implemented in a lower secondary school and a vocational school, which belong to the JDC and the JS in Laskowiec, where lessons are divided into thematic blocks and where groups do not exceed 10 persons. Charges chose on their own in which blocks they want to participate on a given day. In its Judgment of 19 May 1988, the Constitutional Tribunal pointed out that failure to regulate limitations of the freedoms of an individual by statute must lead to the disqualification of a given regulation as being unconstitutional (OTK 1988, No 4, item 46). The legal doctrine also criticises the lack of the statute. In the opinion of Lech Garlicki, all the conditions referred to in the indicated Article of the Basic Law must be met to limit the rights and freedoms of an individual. The exclusion of these general principles should be considered as unjustified impoverishment of the constitutional protection of the rights of an individual (L. Garlicki, Constitution of the Republic of Poland. Commentary, Vol. III, Warsaw, p. 17). 73 JDC and JS in Głogów. 74 JDC and JS in Głogów. 72 34

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