11.1. Children deprived of their liberty Ignoring the children’s violence directed towards each other or themselves or considering it as a prank, game or pastime made taking effective countermeasures and prevention difficult. It caused an impropriety in connection with the prohibition of ill-treatment that some educators tried to wield influence through abuse (yelling at, threatening to slap, intimidating or humiliating the children). It infringed upon the children’s rights when educators were unable to protect the children from violence directed towards them by their peers or themselves. It may cause a fundamental-rights-related impropriety if the institution’s staff members fail to comply with their notification duty when there is a risk of child prostitution.200 Although the total number of the professional staff employed in the Children’s Home was above the statutory minimum, there were two groups where the requirement of five staff members per group was not met.201 It gives cause for concern that half of the staff did not have professional qualifications, and there were no developmental pedagogues or educators with a degree in special education in the institution taking care of 30 children with special needs. Employing staff members with no professional knowledge necessary for providing care and education in conformity with the special needs of the children caused an impropriety in connection with the right of the child to protection and care, and the right of children with special needs to equal treatment. 11.1.2. Children in the penitentiary system Juvenile Penitentiary Institution The states “shall seek to promote the establishment of laws, procedures, authorities, and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law.”202 In the view of the CPT, “all juveniles deprived of their liberty because they are accused or convicted of criminal offenses ought to be held in detention centers specifically designed for persons of this age, offering regimes tailored to their needs and staffed by persons trained in dealing with the young.”203 The prime objective of the 2016 visit was to check the implementation of the recommendations set forth in the report on the previous year ’s visit.204 200 201 202 203 204 See Section 17 of the Child Protection Act. See Annex 1 of Minister of Public Welfare Decree 15/1998. (IV. 30.) NM on vocational obligations and conditions in child welfare organizations and child care services and persons involved in these activities. See Article 40, Paragraph (3) of the United Nations Convention on the Rights of the Child. See CPT/Inf (99) 12, Clause 28. See Report AJB-1423/2015. 79