CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
PART I
draw up regulative provisions to enable an individual approach to pupils referred to special
schools and to take into account their special needs, and also establish different regimes for
special schools.
5.2. Living rooms and the arrangements for spending free time incompatible with the
needs of children
PART IV
PART III
PART II
Upon the inspection, it was found that the living conditions and organisation of life at Tapa
Special School did not meet the needs of the children at the school.
The furniture in the sleeping rooms of the children was very scarce and in a poor state of repair.
For example, in some rooms the only piece of furniture was a bed, and in some rooms a bed
and a nightstand. In the rooms without a nightstand the pupils kept their personal belongings
on the windowsill. In many of the rooms, windows had no curtains, and several rooms had no
door. Doors were also absent in the toilet cubicles in one of the groups. The furniture in the
group rooms was also scarce and in a poor state of repair. For example, in one group room,
there were not enough chairs for all the pupils and some of the existing chairs were broken and
not suitable for use.
The management of Tapa Special School explained the situation by the fact that the pupils
themselves had broken all the furniture and, therefore, there was no sense to provide new
furniture for the rooms. The Chancellor emphasised that annoyance over the broken furniture
cannot be a justification for insufficient furniture (which is also in a poor state of repair) in
the living rooms. In the Chancellor’s opinion, the fact that pupils often break the furniture is a
clear sign of insufficient educational work, insufficient skills in preventing cases of violence and
reacting to them, as well as lack of control over the behaviour of the pupils. These are serious
problems which need to be resolved, but the solution cannot be the removal of all the furniture
and personal belongings from the living rooms of pupils.
Although the current legislation does not establish any specific requirements for rooms in
boarding school facilities, this does not mean that pupils in boarding schools could be deprived
of basic items of furniture such as a nightstand, chair and table. Definitely, furniture in the
rooms of pupils of a special school should not be more scarce than, for example, in a seclusion
room for which minimum requirements have been established by a regulation of the Minister of
Social Affairs42. By way of analogy, with certain concessions, the health protection requirements
applicable for child social welfare institutions43 or the substitute home service44 establishing,
inter alia, specific requirements for the furnishings of rooms, could serve as a model for boarding
schools facilities of special schools.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) has also noted that a well-designed juvenile detention centre will provide
positive and personalised conditions of detention for young persons deprived of their liberty.
In addition to being of an adequate size, well lit and ventilated, juveniles’ sleeping and living
areas should be properly furnished, well-decorated and offer appropriate visual stimuli. Unless
there are compelling security reasons to the contrary, juveniles should be allowed to keep a
reasonable quantity of personal items.45
26
42 See the Minister of Social Affairs regulation No 33 of 8 February 2002 „Health protection and safety
requirements for the seclusion room and its furnishings“.
Available online in Estonian: https://www.riigiteataja.ee/akt/13256047.
43 See the Minister of Social Affairs regulation No 4 of 9 January 2001 „Health protection requirements for child
social welfare institutions“. Available online in Estonian: https://www.riigiteataja.ee/akt/13360780.
44 See the Minister of Social Affairs regulation No 59 of 20 July 2007 „Health protection requirements for the
substitute home service“. Available online in Estonian: https://www.riigiteataja.ee/akt/12855667.
45 See the CPT Standards, p 72, para 29.
Available online: http://www.cpt.coe.int/en/documents/eng-standards-scr.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents