Recommendation of the Committee of Ministers CM/Rec(2008)11 on the European Rules for juvenile offenders subject to sanctions or measures. Principle 80.2 The institution shall also provide meaningful activities on weekends and holidays. Principle 81 All juveniles deprived of their liberty shall be allowed to exercise regularly for at least two hours every day, of which at least one hour shall be in the open air, if the weather permits. Ordinance of the Minister of National Education and Sport on types and detailed rules of operation of public establishments, children and juvenile living conditions in these establishments and the amount and rules of payment made by parents § 18 Youth care centre and youth sociotherapy centre allow: (..) 2) To participate in sports, tourist, recreational and cultural activities; at least 4 hours a week. Inmates are allowed to pass their leisure time on sports, cultural and educational activities. Living rooms are equipped with TV sets, DVD players, numerous didactic tools, board games, art. materials and other toys. Very often they are allowed to play basketball, volleyball, football, handball and go to the gym. Moreover, inmates may take part in sports events and tourist excursion. The establishments, deprived of relevant sport facilities, may use the grounds and gyms of neighbouring schools (e.g. YCC Jawor.) In some establishments, due to lack of proper regulation juveniles could not go outside for several weeks. , especially in winter (e.g. YCC No 1 in Łódź, YCC in Strzelno, YCC in Szczecin.) However, after relevant recommendation, action were taken in order to allow juveniles to participate in outside activities every day. In the opinion of the visitors, the establishment should guarantee a possibility of spending free time outside. It is beyond any doubts that such a stay and activities are good for young people’s health. The Human Rights Defender, who has been performing the tasks of the National Preventive Mechanism since 2008 wants to regulate the issue of juveniles' access to outdoor activities in a proper act on juvenile delinquency proceedings as one of the most basis right in case of isolation. On 12 August 2009, the Human Rights Defender requested the Minister of National Education63 to consider the need for legislative initiative aimed at formulating rules and conditions of ensuring the right to everday outdoor activities for juveniles in youth care and sociotherapy centres,. In response, the Human Rights Defender was informed that the binding regulation provides for the outdoor activities for juveniles. The physical education is conducted within general programme teaching and teaching plans of relevant types of schools, making part of youth care and sociotherapy centres. Moreover, teachers and tutors elaborate for inmates individual educational and resocialisating plans, taking into account inter alia outdoor sports and recreation activities. However, the results of the inspection carried out by the National Preventive Mechasnism show that the abovementioned legal attituted are not sufficient for the resolution of the problem. The possibility to spend time out very often depends on individual consent of inmates and the physical education is not always conducted outside the building. The limitations very ofter result from non-statutory disciplinary measures, related to the prohibition to                                                              63 RPO- 614994-VII/09

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