fundamental and human rights
�.� national preventive mechanism against torture
visit and effectively fulfil the children’s right to be
heard during the visit (1353/2018).
There has also been cause to stress the reasons
for and significance of the prohibition against retaliation. The dialogue with the child welfare institution revealed that the unit’s employees had not
comprehended the contents of the UN Convention against Torture in this regard and experienced
the prohibition against retaliatory measures,
noted in the visit report, as insulting. The Deputy-Ombudsman noted that it is ultimately the responsibility of the institution’s management to
ensure that the institution’s employees are familiar with the peremptory legislation related to their
work and the duties, activities and jurisdictions of
the various supervisory authorities, including the
right to make unannounced inspection visits to
the institution, during which the NPM have the
right to interview the persons placed in the institution. The Deputy-Ombudsman has required the
institution to arrange training on these matters
for its employees (4099/2018).
The NPM made 10 visits to child welfare units
in 2018. Two of these were follow-up visits. All
visits, with the exception of one follow-up visit,
were unannounced. Two of the visits were attended by an expert by experience.
The sites visited were:
– Vuorela Residential School, Nummela,
24 January 2018, 26 placed children, state-run
(356/2018)
– Follow-up visit to Vuorela Residential School,
31 January 2018 (846/2018)
– Children’s home Sutelakoti, Anttola,
27 March 2018, 5 places, private service
provider (1605/2018)
– Children’s home Rivakka, 28 March 2018,
Hirvensalmi, 12 places, private service
provider (1606/2018)
– Pohjola Residential School, Muhos,
17–18 April 2018, 35 placed children,
run by a private association (1353/2018)
– Child Welfare Unit Sassikoti, Sastamala,
3 May 2018, 6 places, private service provider
(2248/2018)
96
A music room in the special child welfare unit
Loikala kartano.
– Follow-up visit to Children’s home Salmila,
Kajaani, 19 March 2018, 14 places, run by the
municipality (1455/2018)
– Child Welfare Unit Jussin Kodit, Haukipudas,
20–21 November 2018, 16 placed children,
private service provider (4099/2018*)
– Special child welfare unit Loikala Kartano,
Mankala, 23 October 2018, 14 places, private
service provider (5377/2018*)
– Family Home Ojantakanen, Pulkkila,
20–21 November 2018, 16 placed children,
private service provider (5916/2018)
The inspection visit to Pohjola Residential School
led the Deputy-Ombudsman to order a pre-trial
investigation. The observations made during the
visit also led to an urgent amendment to the Child
Welfare Act (HE 237/2018 vp).
Restrictive measures and setting limits
are two different things
Restrictive measures always involve restricting
some fundamental right of the individual. They
are intended to safeguard the fulfilment of the
purpose of placement into care and protect the
child or another individual. The use of restrictive
measures always requires a case-by-case assessment of the extent to which the child’s fundamen-
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