11.1. Children deprived of their liberty
The reception of children into the institution was followed by a socalled isolation period during which–for a period spanning from one
week to one month–they could not leave the premises of the institution.
In my report, I pointed out that the isolation period, in addition to resulting in deprivation of freedom, also hindered children from maintaining
contact with family members.
Children to be transferred were often informed of their transfer on the day
of departure, which violates the principles of child-friendly justice: and jeopardizes the enforcement of the right of proper administration and the right to
remedy. In my report, I asked the head of the Zita Children’s Home to take the
necessary steps in order to make the staff or the legal representative inform
the children in due time on the Guardianship Office’s transfer decision.
The isolation room designated for segregating children demonstrating
“immediately dangerous behavior ” was unsafe at the time of the visit. According to the staff, the isolation room had not been in use. Leaving without permission was sanctioned by deprivation of days out; its duration could be anywhere between one day and one week. Deprivation of days out did not mean
being locked in, but they could not leave the premises unaccompanied. There
had been occasions when, due to the small number of the staff, they could not
provide adults who could accompany the children, so they could not go out.
Isolation period, isolation room and deprivation of days out notwithstanding, the provisions on restricting personal liberty in the professional
program of the Zita Children’s Home were limited to repeating the text of
the relevant legal regulation and did not contain any further detailed rules
or guarantees. I also pointed out that, considering the regulations (on ordering and terminating isolation, monitoring, notifying, and exercising the right
to complain) prevailing in other types of institutions (healthcare, social care
or penitentiary institutions), the inadequate rules of safety isolation as a form
of deprivation of liberty do not provide adequate guarantees.
In my report, I requested the head of the Zita Children’s Home to revise
the institutional practices of depriving children of their liberty. All cases of
deprivation of liberty shorter than 48 hours should be properly documented,
any case of “isolation” or deprivation of liberty exceeding 48 hours should be
reported to the competent Guardianship Office. I also requested the head of
the institution to ensure that the staff members had appropriate knowledge of
the legal background and the practical application of deprivation of liberty.
Home for Children with Special Needs of the Károlyi István Children’s Center
At the time of the visit, there were 32 children residing and 28 staff members
working in the children’s home. At the time of the visit, the system of double
registration (locally and, e.g., also in the penitentiary institutions) of minors
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