Protection of Children’s Rights Czech Republic Public Defender of Rights (Ombudsman) Marie Lukasová, Warsaw 2014 © Copyright Veřejný ochránce práv, 2014

Public Defender of Rights  Established by Act No. 349/1999 Sb., on the Public Defender of Rights  Candidates are proposed by the President and the Senate  Elected by the Chamber of Deputies for a six-year term (max. for two consecutive terms) and accountable to the Chamber of Deputies  First Defenders: JUDr. Otakar Motejl ( ), JUDr. Pavel Varvařovský ( ) © Copyright Veřejný ochránce práv, 2014

Present Defender and her Deputy  Mgr. Anna Šabatová, Ph.D. the first woman, elected in February 2014 the Czech Defender (in Deputy of the first Defender)  JUDr. Stanislav Křeček Deputy of the Public Defender of Rights, elected in April 2013 © Copyright Veřejný ochránce práv, 2014

Mandate of the Defender 1. Public Administration protection against unlawful or incorrect conduct or inactivity 2. Protection of Persons Restricted in their Freedom preventive systematic visits since Discrimination promotion of the right to equal treatment and protection against discrimination since Monitoring of Forced Returns exercise of administrative expulsion, penalty of expulsion, surrender and transit of foreigners. since 2011 © Copyright Veřejný ochránce práv, 2014

National preventive mechanism  Systematic visits of facilities where persons are resctricted in their freedom prisons, police cells, facilities for detention of foreigners social care institutions, health care institutions facilities of institutional and protective education  OPCAT  To strengthen the protection of persons placed in various facilities against ill-treatment  Recommendations, standards of treatment © Copyright Veřejný ochránce práv, 2014

Ill-treatment  NPM : 47 visits facilities for children children’s homes institutions with strict regime diagnostic institutions, centres for pedagogy help psychiatric hospitals (units) for children  summary reports, legislative proposals  Standards of the Protection of Children and Their Families © Copyright Veřejný ochránce práv, 2014

Family life v. institutions  ”…undertake measures to ensure that families in vulnerable socio-economic situations are provided with the financial resources and social support necessary so that all parents may realize their primary responsibility for their children in order for all children to enjoy the fulfilment of their rights to the greatest extent possible” (CRC) © Copyright Veřejný ochránce práv, 2014

Family life  EU funds for deinstitutionalization  increasing rates of foster care  mandatory drafting of case assessments and individual strategies for each family but…  de facto accepting institutional care as a primary alternative to the family environment © Copyright Veřejný ochránce práv, 2014

Challenges in institutional care  lack of services of prevention  still large numbers of children, especially children with disabilities and/or of Roma origin, being placed in care outside their home, particularly in institutional care, and in the majority of such cases the material and financial situation of the family has been the main basis for such removal  inadequate community-based family-type services and foster care to avoid institutionalization of children © Copyright Veřejný ochránce práv, 2014

Findings of Defender  11 % children (in visited institutions) placed by court for social reasons (inadequate housing, debts, unempoyment)  95 % cases: inadequate housing mentioned by court  often attachment between children and parents exists  to much children < 3 years in institutional care  social housing, prevention © Copyright Veřejný ochránce práv, 2014

Challenges in institutional care  inconsistent standards of care  numbers of personnel and level of his training  long duration for which children remain in institutional care (the majority of them leave after attaining 18) © Copyright Veřejný ochránce práv, 2014

Improvements  Criteria for placement into institutional care subsidiarity of institutional care stipulated by law, regular court revisions  Standards of care/treatment prepared to become a ministry provision, inspiration in ombudsman’s standards of children protection, after wide discussion, child-friendly  Contact with parents to maintain contact with their parents is finally accepted © Copyright Veřejný ochránce práv, 2014

Segregation of children of Roma origin from mainstream education  D.H. and Others v. the Czech Republic  “serious and widespread issues of discrimination”, “systemic and unlawful segregation of children of Roma origin from mainstream education” (CRC)  Anti-Discrimination Act (European Community Directives 2000/43/EC and 2000/78/EC) © Copyright Veřejný ochránce práv, 2014

Data collection  “Data compiled by the various ministries, not for all areas covered by the Convention, particularly for children with disabilities, children of ethnic minorities, and children in vulnerable and disadvantaged situations.” (CRC)  “Data not used in a manner that is effective in assessing progress as a basis for policymaking in the field of ensuring children’s rights.” (CRC) © Copyright Veřejný ochránce práv, 2014

Research of Defender  Survey into the Ethnic Composition of Pupils of Former Special Schools (2012) focused on the ethnic composition of pupils of former special schools, or pupils educated with plan for children with light mental disability  Methodology and results of the survey on © Copyright Veřejný ochránce práv, 2014

Research of ombudsman  “The proportion of Romany pupils at the ratio of 32%, or 35% in the monitored schools is proof of the persistent indirect discrimination against them in terms of access to education.”  The proportion of Romany people in the Czech Republic is approx. 1.4 – 2.8 %. © Copyright Veřejný ochránce práv, 2014

Inclusive education  National Action Plan for Inclusive Education (2010)  Strategic litigation with support of Defender children with autism the asistent for the teacher © Copyright Veřejný ochránce práv, 2014

Life in the community  Convention on the Rights of Persons with Disabilities (2009)  Institutional care because of the lack of community based services story of Daniel – boy with autism living in psychiatric hospital no claim for social services © Copyright Veřejný ochránce práv, 2014

One responsible body  Ministry of Labour and Social Affairs, Ministry of Health Care, Ministry of Education  National Action Plan to Transform and Unify the System for the Care of Vulnerable Children  …to have an effective mechanism for coordinating the implementation of child rights policy amongst all the relevant bodies and institutions and at all levels © Copyright Veřejný ochránce práv, 2014

Ombudsman for Children?  Czech Rep and 3 EU members do not have children’s ombudsman  Mrs. Šabatová „Children deserve a defender of their rights. Such an institution would be of a great use.“  Defender web for children special (urgent) procedure for complaints from children informal communication with children programmes for schools © Copyright Veřejný ochránce práv, 2014

Thank you! © Copyright Veřejný ochránce práv, 2014