ІІІ. PROTECTING CHILDREN IN CONFLICT WITH THE LAW
Problems regarding children in conflict with the law placed in correctional boarding schools
(CBS) or social and pedagogical boarding schools (SPBS) continued to be in the focus of NPM in
2015. Following inspections conducted in November and December 2015, the NPM published
and presented in public a thematic report about the state of play with CBS and SPBS.
Some of the traditional conclusions and recommendations remain valid in 2015 such as poor
material conditions and undiversified food. Another substantial problem continues to be the
neglect of the educational process by teachers and students alike. Teaching is conducted in a
formal manner without taking into account the individual needs of children. Activities such as
art therapy, labour therapy etc. that need to be incorporated in the overall process of
development and work with children remain isolated. The inefficient correctional and
pedagogical work due to the lack of highly qualified psychologists is another point of concern.
The Ministry of Education and Science (MES) has not endorsed a methodology regulating work
with children in those schools, which has led to various practices as regards psychological and
pedagogical assessments, individual plans for children and review of the result of the
psychological and pedagogical work.
Deficiencies such as lack of staff members’ motivation, poor medical care, poor coordination
among institutions, pupils’ low health literacy, and lack of a legal regulation for work persist.
Children continue to be placed in institutions without any differentiation between the offences
they have committed. Thus children who have committed the so-called status ofences (running
away from home, roaming, begging etc.) or children survivors of violence are placed in the same
institution with juvenile delinquent offenders.
Violence, both physical and psychological, remains a serious problem in many of the boarding
schools. Punishments that are not regulated in any way continue to be imposed. Rules and
standards for equal treatment of children placed in boarding schools are still missing.
In relation to these findings, the Ombudsman acting as NPM recommended changes in the legal
regulation, closure of these institutions and establishment of adequate correctional and
pedagogical services. A member of the NPM took part in the working group set up by the
Ministry of Justice for the elaboration of a bill for juvenile justice. The key objective is to protect
the interests of minors involved in criminal proceedings and the rights of children witnesses or
victims of crime, shifting the focus from penalty and retaliation to more friendly measures.
ІV. PROTECTING PERSONS WITH MENTAL DISORDERS
In 2015 the NPM conducted six inspections in healthcare establishments for inpatient
psychiatric care. The inspections established once again the unsatisfactory condition of the
state psychiatric inpatient care and the need to reform the system.
One of the findings concerns the poor material conditions in the inspected healthcare
etsablishmnets. Treatment is not adequately secured in terms of technical equipment.
Other problems concern understaffing, social rehabilitation and psychological care, long stays in
hospitals and repeated hospitalization of socially disadvantaged persons.
Amendments to the Healthcare Establishments Act made in 2015 have introduced different
levels of competence of the Mental Health Centres structural units. The NPM insists that the
9