fundamental and human rights
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Children’s right to express their opinion
and influence their everyday lives
The school at the Ojantakanen Family Home provides teaching in small groups.
– and extending them to find, e.g. snuff – on the
basis of consent alone (356/2018).
In general, the Deputy-Ombudsman drew the
State Regional Administrative Agency’s (AVI) attention to the fact that, according to section 80 of
the Child Welfare Act, it is the special duty of AVIs
to monitor the use of restrictive measures in child
welfare institutions. The Deputy-Ombudsman
also requested the AVIs to take note of the possibility of affording children the opportunity for
confidential discussions with AVI representatives
as provided for in the Act. On his own initiative,
the Deputy-Ombudsman decided to investigate
which measures the National Institute for Health
and Welfare, in its capacity as the supervisory authority for state-run residential schools, and the
National Board of Education with regard to basic
education, were going to take on the basis of the
observations and opinions presented in the visit
report (356/2018).
The Deputy-Ombudsman noted that a practice
in which events during school affect the child’s
free time in foster care has no basis in the Basic
Education Act. She decided to request a report on
the matter from the residential school (356/2018).
The Deputy-Ombudsman required the residential
school to provide the placed children with the
opportunity to influence and participate in the affairs that concern them. The child’s own opinion
must be determined and taken genuinely into
account in both administrative decisions and the
daily implementation of foster care. Children must
not suffer consequences from expressing their
opinions. The child’s place of foster care must be
capable of creating a home-like atmosphere in
which the child feels safe and is able to discuss to
have confidential discussions with the adults participating in the everyday operations of the place
of foster care without fear of repercussions (1353
and 4099/2018*).
In the Deputy-Ombudsman’s opinion, the
children’s client documents and accounts paint a
particularly concerning picture, in which the children’s attempts to influence their everyday lives
are considered unwanted behaviour since the unit’s
adults make all the decisions and define what children are permitted to do and how they are permitted to behave in each situation. Children should
have the opportunity to influence their everyday
routines and discuss them with their carers. The
Deputy-Ombudsman pointed out that children
have the right to take part in activities. It is the
institution’s obligation to support and encourage
the children’s participation in activities and make
practical arrangements permitting the children to
participate in them (1353/2018).
The right to meet social workers
A child placed in a child welfare institution has
an unconditional right to have confidential discussions with his or her social worker. The Deputy-Ombudsman required the institution to cease
limiting the children’s right to consult with their
social workers and to respect the confidentiality
of such discussions in the future. The practice of
having the institution and social worker record
the date, time and practical arrangements of the
meeting between the child and social worker in
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