Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
Furthermore, according to Rule 68 of the aforementioned international standards, legislation or regulations adopted by the competent administrative authority should establish
norms concerning the following, taking full account of the fundamental characteristics,
needs and rights of juveniles:
(a) Conduct constituting a disciplinary offence;
(b) Type and duration of disciplinary sanctions that may be inflicted;
(c) The authority competent to impose such sanctions;
(d) The authority competent to consider appeals.
Therefore, the NPM recommended that certain establishments should specify the duration of disciplinary sanctions inflicted, use them taking into account individual characteristics and including information about persons authorised to impose sanctions and about
the appeal procedure in the Regulations (refers to Youth Care Centre in Kalisz, Youth Care
Centre in Wielkie Drogi, Youth Sociotherapy Centre in Wilga, Youth Care Centre No 2 in
Warsaw, Youth Care Centre in Kamionek Wielki, Youth Care Centre in Rzepczyno).
The Mechanism also pointed to the need to change the statutes in terms of rewards by
excluding the rights of juveniles from among them, and differentiating between juveniles’
rights and privileges. Juveniles have the rights irrespective of their behaviour, while privileges are additional “bonuses/rights” that they can win during their education and therapy
(Youth Care Centre in Wielkie Drogi, Youth Sociotherapy Centre No 4 in Warsaw, Youth
Sociotherapy Centre No 5 in Warsaw, Youth Sociotherapy Centre in Wilga).
The directors of Youth Sociotherapy Centres No 4, No 5 and No 7 in Warsaw, Youth
Care Centres in Wielkie Drogi, Kamionek Wielki and Rzepczyno, Youth Sociotherapy
Centre in Wilga and Youth Sociotherapy Centre No 3 in Łódź accepted the recommendations of the Mechanism and/or provided detailed explanations of issues raising concerns
of the NPM. The Director of the Saint Faustina Youth Care Centre denied using irregular
sanctions in her Centre explaining that they were a form of therapy. The Director of Youth
Sociotherapy Centre in Ustka, as well as the Director of Youth Sociotherapy Centre in
Piaseczno, at first did not agree with the findings of the National Preventive Mechanism,
but in the course of further investigation and as a result of correspondence with education
officers, they eventually informed that the recommendations of the NPM had been implemented. The Director of Youth Care Centre in Kalisz did not respond to the reservations
concerning the use of irregular disciplinary measures but the Deputy Education Officer of
Wielkopolskie voivodeship imposed an obligation on her to implement the recommendations of the NPM as a follow-up to the inspection performed under the National Preventive Mechanism. The case is still monitored by the Mechanism.
The National Preventive Mechanism recommended:
• Ceasing to use irregular disciplinary measures and apply only those sanctions
that are acceptable within the strict limits of the law and the regulations;
• Eliminating all stigmatizing sanctions;
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