CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN PART IV PART III PART II PART I II. 44 PROCEEDINGS In 2013, the Chancellor reviewed 128 petitions concerning the rights of children. Of these, in 49 cases substantive proceedings were initiated. 79 petitions concerned matters outside the competence of the Chancellor. In those cases, the Chancellor explained to the petitioners the Chancellor’s competence and advised them how to best protect their rights. Children themselves contacted the Chancellor for the protection of their rights on four occasions during the reporting year. In the remaining cases the Chancellor was contacted by parents or other legal representatives of a child. Advisers at the Department of Children’s Rights of the Chancellor’s Office also provided explanations about the rights of the child by telephone. During the reporting year, the Chancellor opened 12 cases to verify the constitutionality of legislation concerning children. Of these, two cases were opened on the Chancellor’s own initiative and 10 on the basis of a petition. For example, the Chancellor analysed the legality of the rates of fees for places at pre-school child care institutions of several municipalities and the constitutionality of the conditions for the payment of support by municipalities. These cases are described in more detail in the following subdivisions. To verify the lawfulness of activities of persons and agencies exercising public authority, the Chancellor initiated 23 proceedings, of these 10 on his own initiative and 13 based on a petition. In addition, during the reporting year the Chancellor expressed an opinion on 7 pieces of draft legislation concerning children and submitted his recommendations to the drafters. During the reporting year, several petitions concerned the issues of the right of custody and visiting rights in respect of children. The petitioners complained first of all against the activities of child protection workers of rural municipality or city authorities but also against courts and bailiffs. The large number of petitions and telephone calls concerning the right of custody and visiting rights in respect of children is an indication of serious problems in organising the life of children after the divorce of the parents. As a result of analysing the complaints, a suspicion arose whether the interests and opinion of a child are sufficiently taken into account in organising the life of the child after the divorce of the parents. The petitions revealed that often the parents are occupied only with their own problems and are not able to act in the interests of the child. In such a situation where parents are unable to place the child’s interests first the state needs to interfere to protect the interests of the child. However, it was found during the reporting year that the activities of the state in protecting the interests of the child when resolving disputes concerning the right of custody and visiting rights of the parents could be organised better. On several occasions, the Chancellor found violations in the activities of city or rural municipality child protection workers. Problems with ascertaining and taking account of the interests of the child in court proceedings were revealed by the results of the survey on custody rights of parents carried out by Tartu University social sciences applied research centre RAKE116. Problems with taking account of the interests of the child in executing court rulings concerning visiting rights were also found during the reporting year.117 116 Available online in Estonian: http://valitsus.ee/UserFiles/valitsus/et/riigikantselei/strateegia/poliitika-analuusid-ja-uuringud/tarkadeotsuste-fondi-uuringute-kokkuvotted/Vanema%20hooldus%C3%B5iguse%20m%C3%A4%C3%A4ramise%20 uuring_l%C3%B5ppraport.pdf. About the RAKE survey, see in more detail also the subsection on studies, analyses and information materials under the relevant part on the activities of the Ombudsman for Children. 117 The Supreme Court en banc has pointed out that the full procedure for the execution of a special court decision regulating contacts between a parent and a child under visiting rights is not regulated with sufficient clarity under the Code of Enforcement Procedure and, therefore, the regulation in combination with § 563 of the Code of Civil Procedure needs to be supplemented or amended, so as to ensure the existence of a clear procedure for the execution of a court decision regulating contacts between a parent and a child and a swift and effective execution of such a decision. In more detail, see the Supreme Court en banc ruling of 17 December 2013 No 3-21-4-13, para 55.