Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
However, in accordance with decision no. 32 of Chief Commander of the
Border Guard (BG) of 22 February 2013, psychologists employed by the BG
primarily perform tasks relating to the recruitment, psychological support
and training of BG officers. Care provided to migrants is merely one of the
many tasks with which BG psychologists are charged. Moreover, pursuant
to point 5 of the decision, BG psychologists may render psychological aid
in the case of traumatic events at the written request of the doctor examining the migrant. Thus, migrants themselves may not initiate a psychological
evaluation which could result in an official psychological opinion. According
to the NMPT, this restriction impedes identification of potential victims of
torture.
7.3. Strengths and good practices
1. Provision of compulsory education
Juveniles staying at the CDC in Kętrzyn receive compulsory schooling on
the basis of an agreement with a primary school. This practice merits praise
in the context of laws in effect. The Act on Aliens of 12 December 2013238
(hereinafter: A.o.A.) as well as the Act of 13 June 2003 on Granting Protection to Aliens on the Territory of the Republic of Poland239 do not impose
the requirement to ensure the educational rights of juveniles during their
stay in a CDC.
However, Article 70(1) 1 of the Constitution of Poland grants the right to
education to everyone and specifies that it is compulsory until the age of 18.
The formulation everyone means that this requirement also extends to aliens
who are staying on the territory of our country. Therefore, no one who wants
to attend school and has not yet turned 18 may be refused this right, and the
obligation to provide the appropriate conditions to exercise it falls upon the
relevant state institutions.
Article 22 of the Convention on Children’s Rights also explicitly mentions children who have been recognized as refugees or are applying for
such status. It states that such children should receive appropriate protection as specified elsewhere in the Convention, and one of its manifestations
is ensuring the right to education (Article 28). Moreover, pursuant to Article
Dz.U. of 2013, item165.
Dz.U. of 2012, item 680, consolidated text.
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