Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017
Lack of systemic solutions applicable to
pregnant juveniles as well as juvenile
mothers and their children
According to the NMPT, the existing legislation which, due to the lack of effective systemic
solutions may lead to the separation of juvenile mothers from their children, poses a significant risk of inhuman treatment of such mothers and thus requires urgent amendment.
The NMPT: juvenile mothers should be able to stay in detention establishments together
with their children on daily basis so as to build emotional and family ties, rather than to have
to come to meetings with their children who are brought up by other persons.
The problem that juvenile detention centres
and shelters struggle with are body
searches.
They are not performed pursuant to the provisions of the act, but the regulation92. That regulation, additionally, fails to indicate persons authorized to perform body searches, premises
for their performance as well as the means of appeal against decisions in that regard.
The NMPT: Body searches performed in juvenile detention centres and juvenile shelters
should be regulated in the act.
92
The discussion concerns the regulation of the Minister of Justice of 17 October 2001 on juvenile detention centres and juvenile shelters (consolidated text:
Dz. U. of 2017, item 487)
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