activities of the centre and not constitute an additional risk factor to the mental health of the children. By analogy, health protection requirements for child social welfare institutions28 or for providers of the substitute home service29 could serve as an example, establishing specific requirements for the territory and furnishing of the institutions. The general requirement is that children having reached the compulsory age of school attendance are provided with places for study and rooms with no more than two beds. In terms of furnishing of the rooms it is important that the furniture in a social welfare institution must be appropriate for children and take into account the special needs of the child. For example, the health protection requirements for child social welfare institutions establish that every child at least three years old in 24-hour care should have a separate bed, wardrobe or part of it, a nightstand, bookshelf or part of it, a table and a chair. Health protection requirements for child social welfare institutions also establish that only shelters may be without a separate territory. Residential educational institutions, youth homes and support homes must have their own separate territory. In the case of the substitute home service, the requirements for the rooms and the territory are even more specific than for other child social welfare institutions. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has also noted that a well-designed juvenile detention centre30 will provide positive and personalised conditions of detention for young persons deprived of their liberty. In addition to being of an adequate size, well lit and ventilated, juveniles’ sleeping and living areas should be properly furnished, well-decorated and offer appropriate visual stimuli. Unless there are compelling security reasons to the contrary, juveniles should be allowed to keep a reasonable quantity of personal items.31 On this basis, the Chancellor of Justice recommended to the coordinator of Jõhvi Youth Treatment and Rehabilitation Centre, in cooperation with the management of OÜ Corrigo, to ensure for the children in the centre living conditions corresponding to their needs. The Chancellor recommended that in the future the centre should admit only the number of children to whom they can realistically ensure the living conditions corresponding to their needs. The Chancellor also recommended to the coordinator of the centre, in cooperation with the management of OÜ Corrigo, to create a fenced territory by the centre which children could use for physical exercise, playing or other activities. The representative of the management of OÜ Corrigo replied that the centre had procured new furniture in the rooms of children and had relocated the furniture in the rooms so as to improve the living conditions of the children. The centre also submitted a proposal to the National Institute for Health Development to change the contracted volume of the service, i.e. reduce the See the Minister of Social Affairs Regulation No 4 of 9 January 2001 „Health protection requirements for child social welfare institutions“. Available online in Estonian: https://www.riigiteataja.ee/akt/13360780. 29 See the Minister of Social Affairs Regulation No 59 of 20 July 2007 „Health protection requirements for the substitute home service“. Available online in Estonian: https://www.riigiteataja.ee/akt/12855667. 30 Under the UN Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), a place of detention is an institution where persons are or may be deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence. Deprivation of liberty means any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority. Thus, Jõhvi Youth Treatment and Rehabilitation Centre is a place of detention in the meaning of the OPCAT. 31 See the CPT standards, p 24, para 29. 28 29

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents