Lack of systemic solutions applicable to pregnant juveniles as well as juvenile
mothers and their children
According to the NMPT, the existing legislation which, due to the lack of
effective systemic solutions, may lead to the separation of juvenile mothers from
their children, poses a significant risk of inhuman treatment of such mothers and
thus requires urgent amendment.
Juvenile mothers should be able to stay in detention establishments
together with their children on daily basis so as to build emotional
and family ties, rather than to have to come to meetings with their
children who are brought up by other persons.
When the attitude of a juvenile mother shows that she is not ready to take full
care of her child, the court should not permit her to exercise parental custody.
Applicable legislative solutions should, however, make it possible for juvenile
mothers to take full care of their children.
Regrettably, this problem still remains to be solved despite the fact that
since 2012 the NMPT has been repeatedly mentioning it in its annual reports
and reporting the need for its resolution in general interventions addressed to
the Ministry of National Education, the Ministry of Justice and expert opinions
prepared with regard to various legal acts58.
The problem that juvenile detention centres and shelters struggle with is
body searches. They are not performed pursuant to the provisions of the act, but
Cf. KMP.573.52.2014; KMP.022.2.2017; Report of the Commissioner for Human Rights
concerning the activities of the National Mechanism for the Prevention of Torture in Poland in 2012, p. 46; Report of the Commissioner for Human Rights concerning the activities of the National Mechanism for the Prevention of Torture in Poland in 2013, p. 68-69;
Report of the Commissioner for Human Rights concerning the activities of the National
Mechanism for the Prevention of Torture in Poland in 2014, p. 35; Report of the Commissioner for Human Rights concerning the activities of the National Mechanism for the
Prevention of Torture in Poland in 2015, p. 36-37; Report of the Commissioner for Human
Rights concerning the activities of the National Mechanism for the Prevention of Torture
in Poland in 2016, p. 56-59.
58
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
39
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