Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
Undoubtedly, maintaining close family or peer ties is part of the right to
maintain contact with the outside world. Besides, in line with the recommendation
formulated in the Havana Rules, juveniles should be provided with any opportunity
to contact with the outside world, because contact of this kind is an integral element of
fair and humane treatment and is essential for preparing them to return to the bosom
of society (Rule 59). This issue is similarly addressed in European rules for enforcement of sanctions and measures adopted in relation to juvenile perpetrators of
criminal acts (adopted by the Committee of Ministers of the Council of Europe on
5 November 2008) which stress the principle of diverse and unlimited, as much as
possible, contacts of a juvenile with the outside world.
5. Right to religious practices
It was found that four73 care centres do not fully respect the right to religious
practices. This was due to the fact that it was possible to go to a church only if an
appropriate number of charges wanted to go. Individual persons were not allowed
to go out. Moreover, there was one centre74 in which only up to eight boys were allowed to participate in Sunday Mass, because the YCC’s vehicle had not enough seats. In the opinion of the representatives of the NPM, if a juvenile wishes to attend
Mass, he/she should be given such a possibility. Providing everyone with freedom
of conscience and religion, which covers freedom to profess or adopt religion of
personal choice, is a fundamental right of every person referred to in Article 53 of
the Constitution of the Republic of Poland.
6. Personnel
The representatives of the NPM attach great importance to the issue of appropriate and regular training of personnel, because – according to the position of
the CPT75 – it is one of the forms to prevent inhuman treatment. Therefore, they
recommended holding training for employees on, e.g.: children’s rights in international and national law, stress management, prevention of occupational burnout,
interpersonal communication, dealing with aggression from a charge, introducing
creative methods of social rehabilitation, working with trauma, etc. Furthermore, it
would be beneficial to supervise YCC specialists as regards deepening their existing
knowledge, skills and behaviour, as well as protection against excessive stress and,
consequently, against occupational burnout.
7. Living conditions
YCCs in: Rewal, Namysłów, Zawiść, Skarżysko-Kamienna.
YCC in Wojnów.
75
Fragment of the Second General Report [CPT/Inf (92) 3].
73
74
30
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