1.3 Visits to institutions for the care and education of children and adolescents with emotional and behavioural disorders It was established that there are some deficiencies regarding supervision over the practice of education programme defined by ZIKS-1. A question is being raised about the actual realization of legislative obligations, on the other hand problems clearly show the need to consider the provisions of ZIKS-1 mentioned above (at least) once again which determine supervision by the ministry or inspectorate in charge of education. That is why it would be reasonable that findings of the NPM are discussed by the Ministry of education, Science and Sports, as well as by the Ministry of Justice. Otherwise it would be necessary to actually provide supervision by the ministry in charge of education or by the inspectorate in charge of education, as determined by ZIKS-1 (more on this topic in the 2013 Ombudsman’s Annual Report, chapter Limitation of Personal Freedom). The activity of residential education centres is under the authority of four different ministries - Ministry of Labour, Family, Social Affairs and Equal Opportunities, Ministry of Health, Ministry of education, Science and Sports and Ministry of Justice - and from the perspective of special rules defined by the ministries mentioned, activities of residential education centres are under the authority of powers of direction in the structure of (inspection services of) departmental ministries mentioned above. Problems are caused by insufficient delimitation of the powers of different departmental inspectorates. It was recommended by the NPM that the Ministry of Education, Science and Sports establishes single legal bases for the operation of residential education centres and the NPM proposed to the Ministry of Education, Science and Sports that it consider a special act or independent provisions within the scope of the applicable legislation which would specifically govern the organisation and operation of training institutions for educational care, as well as control and herewith the authorities of inspectorates that will carry out control in line with their special authorizations and special rules. Moreover, they are supposed to cooperate with professional in modernization of education programme in order to try to delimit the doctrines of social, health, pedagogic and penological professions. It is also highlighted that the possibility of refusal of an individual adolescent for admittance into an institution or for his/her early discharge should be regulated by appropriate legal provisions. Duties of parents who have kept their parental authorities should also be defined more clearly. Because the Centres for Social Work often have problems during admittance of an individual adolescent into an institution, an interdisciplinary discussion on the reasonableness to establish a triage diagnostic centre had been proposed by the NPM. Beside that, it is proposed that spare capacities be published on the websites of individual institutions. It was established furthermore that the recommendation of the NPM that a systematic training of adolescents be prepared by the institutions on the impacts and consequences of using illicit drugs, drinking alcohol and smoking, on the consequences of risky behaviour, the prevention of HIV infections, hepatitis and treatment of bad habits and addictions, was not being taken into consideration by the institutions visited nor by the Ministry of education, Science and Sports. There was also no progress in an issue regarding adolescents with psychiatric difficulties and very aggressive behaviour which are not being cared for properly. Hospitalization at the closed wards of psychiatric hospitals for adults is not appropriate. In the opinion of the Ministry of education, Science and Sports, this problem falls (only) under the responsibility of the Ministry of Health. Shifting responsibility from one ministry onto the other is, according to the NPM, unacceptable. After all, realization of institutional rights is carried out by the Ministry of education, Science and Sports which should solve the problem together with the Ministry of Health. After all, primary school children and students are being admitted to residential education centres, moreover, one of the basic missions of education in residential education centres is to provide an environment within the education system (to strive for the decrease of emotional disorders and behavioural deficits) in which adolescents will be successful. IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2013 NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 71