Government in the future to take reasonable efforts in line with the principle of good
administration for involving people in resolving welfare related issues concerning them, inter
alia by using different channels and modes of communication for obtaining contact with the
persons.
Tartu City Government replied that after starting to live in the shelter the petitioner was
provided extensive counselling and given recommendations for future organisation of life.
4. Opinion on the Draft Child Protection Act
On 19 November 2014, the Riigikogu adopted the new Child Protection Act which enters into
force on 1 January 2016.95 With the entry into force of the new Child Protection Act the old
Republic of Estonia Child Protection Act passed in 1992 will become invalid. The need for a
new law regulating child protection has been talked about for years. In 2003, one of the critical
remarks made by the UN Committee on the Rights of the Child in its final conclusions in respect
of Estonia was that the current Child Protection Act was not sufficiently implementable. The
current Act has been criticised by various interest groups and the need for its amendment has
also been expressed by the Chancellor of Justice. Thus, the adoption of the new Child Protection
Act is a major step forward in creating a legal framework to better guarantee the well-being of
children.
The adoption of the new Act was preceded by a long consultation and involvement period. In
the preparatory stage of the new Draft Child Protection Act, the Ministry of Social Affairs
involved different interest groups and organised public debates since 2011. Appendix 3
(“Overview of the involvement process for preparing the new Draft Child Protection Act in
2011–2014”) to the explanatory memorandum to the Act contains a detailed overview of the
involvement of interest groups and the relevant involvement events.
At the request of the Ministry of Social Affairs, PriceWaterhouseCoopers also carried out a
baseline analysis on the revision of the organisation of child protection. The final report by
PriceWaterhouseCoopers points out the shortcomings in the organisation of child protection in
Estonia and contains recommendations for improving the system.
The Children’s Rights Department of the Office of the Chancellor of Justice was also involved
in preparing the Draft Act and submitted its observations and proposals. On 30 January 2014,
the Chancellor submitted to the Minister of Social Affairs an opinion on the Draft Child
Protection Act. The Chancellor in his opinion highlighted the following strengths of the Draft
Act:
1.
2.
The Draft Act harmonises the regulative framework under the Child Protection Act, the
Family Law Act and the Social Welfare Act concerning child protection. For example,
the Draft Act eliminates discrepancies between the Family Law Act and the Social
Welfare Act concerning separation of the child from the family.
The Draft Act establishes the principle of cross-sectoral cooperation in the field of child
protection, which should ensure that in the future all the issues concerning the rights and
well-being of children are resolved in a uniform manner, regardless of whether the
95
§ 19 of the Act (requirements for child protection officials) enters into force on 1 January 2020.
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents