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9. Groups of persons deprived of their liberty at various places of detention
9.1. Children deprived of their liberty
Regardless of the reasons for which they may have been deprived of their liberty, juveniles are
inherently more vulnerable than adults. Due to this vulnerability, particular vigilance is required
on the part of the staff members of the places of detention to ensure that the children’s physical
and mental well-being is adequately protected.105
There is no children’s ombudsman in Hungary; however, in performing the tasks of the NPM I
have to pay special attention to the protection of the rights of the child. A child is “a person who
has not yet reached 18 years of age, except if such a person becomes an adult earlier pursuant to the laws applicable
to him or her”.106
Although, in the system of Hungarian penal law, children having reached fourteen (in exceptional
cases twelve) years of age are actionable and, in the field of health law, they may make
independent decisions after having reached the age of sixteen years, special treatment, extra
attention and specific conditions of detention have to be provided to persons deprived of their
liberty who have not reached yet the age of eighteen or, in the case of the enforcement of the
sentence, twenty-one years of age.107
Visits by the NPM to places of detention where children deprived of their liberty are kept focus,
on the one hand, on gathering information indicative of abuse and/or ill-treatment and, on the
other hand, on finding out whether the detention environment is suitable for ensuring and
protecting their physical and mental well-being. During these visits the NPM paid special
attention to the extent the given place of detention meets the special requirement deriving from
the joint placement of persons deprived of their liberty belonging to various gender and age
groups.
9.1.1. Children held at dedicated places of detention
9.1.1.1. Children’s Home
States Parties “shall ensure that a child shall not be separated from his or her parents against their will, except
when competent authorities subject to judicial review determine, in accordance with applicable law and procedures,
that such separation is necessary for the best interests of the child. Such determination may be necessary in a
particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child’s place of residence.”108
At the time of the NPM’s visit, there were 42 children, between the ages of one month and 16
years, taken care of in the Reménysugár (“Ray of Hope”) Children’s Home of Debrecen
(hereinafter the “Children’s Home”) that has a total capacity of 40. Several children were
suspected to have been placed in the institution predominantly due to their parents’ dire financial
situation. Part of the children had special needs only because they had not reached the age of
three yet. In the case of one third of them, placement with foster parents would not be made
See Clause 20 of CPT/Inf (99) 12
See Article 1 of the Convention on the Rights of the Child (hereinafter the "UN Convention on the Rights of the Child"),
signed in New York on November 20, 1989, promulgated by Act LXIV of 1991
107 In accordance with Section 82, Paragraph 1 of the Penal Execution Code, "convicts in juvenile penitentiary who are over eighteen but
have not reached yet twenty-one years of age shall also be treated as juveniles".
108 See Article 9, Paragraph 1 of the United Nations Convention on the Rights of the Child
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