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Controller for the protection of the rights of the child of the republic of lithuania
Country update Institution of the Controller for the Protection of the Rights of the Child Institution of the Controller for the Protection of the Rights of the Child (Ombudsman) is an independent state institution for supervision and control of the following of the rights of the child. Institution is established by a resolution of Parliament (Seimas). The Controller for the Protection of the Rights of the Child is appointed by Parliament upon recommendation of the Chairman of the Parliament. The Law on the Controller for the Protection of the Rights of the Child of the Republic of Lithuania was passed on May 25, 2000. Institution of the Controller for the Protection of the Rights of the Child was established on November 1, 2000. First Controller for the Protection of the Rights of the Child was appointed on November 1, 2000. Second and present Controller for the Protection of the Rights of the Child Mrs. Rimantė Šalaševičiūtė was appointed on January 20, 2005. The Institution of the Controller for Protection of the Rights of the Child consists of the 21 positions, including the Controller. General update and activities in 2006 Overall majority of Lithuanian population know or are have heard about Controller for the Protection of the Rights of the Child (Ombudsman) or the Institution of the Controller for the protection of the Child (the results of the questionnaire). Parliament have positively summed up the annual report of the Controller for the Protection of the Rights of the Child in 2006 and hers active and publicly visible activity. According to the principle set forth in the Law of the Controller for the Protection of the Rights of the Child that the Controller shall provide information about his activities through mass media, except the information, the dissemination of which may violate the rights and rightful interests of the child or which is not for public according to the corresponding laws of the Republic of Lithuania, and in purpose to strengthen the role of the Institution in the system of institutions for protection of the rights of the child, particular attention was paid to the public activity of the Controller and for the spreading of the information: → the newsletters of the Institution of the Controller for the protection of the Child are published every quarter of the year. The newsletters are distributed among members of the parliament and the members of the government, whose activity is linked to the protection of the rights of the child, municipal services for the protection of the rights of the child, interested NGO and other persons (schools, foster homes, etc.); → publications linked to the protection of the rights of the child are published or Institution furthered to the publication (material of the conference, annual report of the Controller, reports of the research etc.); → taking part in television and radio broadcasting, comments for the mass media and Internet portals. From 2007, every month will be one hour the live radio broadcasting, intended to promote the activity of the Controller for the protection of the Rights of the Child, dispute the problems of the protection of the child rights; → visits in different level state and municipal governmental and public institutions, whose activity is linked to the protection of the protection of the rights of the child. Meeting and communicating directly with children and other concerned persons. Information about situation of the children’s rights in Lithuania, detected violations of the rights of the child, proposed measures how to improve the protection of the rights of the child and his legal interests established by the laws of the Republic of Lithuania and other legal acts, submitted proposals on the formation and implementation of the policy related to the protection of the rights of the child and his legal interests is disseminated through mass media, information agencies and website of Institution http://vaikams.lrs.lt. Considering the six years experience of the Institution, noted gaps of the legal regulation and the increased authority of the Controller in the system of children’s rights institutions approval of the drafts of the laws, those regulate Controller activity, and dealing with the new premises (residence) problem were started in 2006. In 2007, the Institution got bigger finance and moved to the new double bigger residence. Hopefully the Parliament will pass the new edition of the law of the Controller for the protection of the Rights of the Child and other relative legal acts. Every year Institution of the Controller for the protection of the rights of the child set the priority policy. In 2006 underlying attention Institution gave for the solution of children’s custody and adoption problems. The number of received complains and investigations of Controller initiative did not decreased in 2006. During the 2006 year period the Institution received more then 400 complains (including e-mails) and 111 investigations were started on the Controller initiative. The main cause for investigations of the Controller initiative was the information (publications) in mass media. The vast majority of complains and investigations on the Controller initiative were because of the action (or inaction) of the municipal services for the protection of the rights of the child. Very few complains were about violations of children’s rights in the family and at schools. Complains concerning the foster homes employees, procurators and police officers actions (inactions) divided quiet equally. Very few complains and investigations of the initiative of the Controller were about mass media. * Summing-up, analysis of situation at different spheres of children’s rights protection Continuing the practise started in 2005 – noticed the recurrence of violations of children’s rights and legal interests of them, summing-up the relevance of the problem – to perform the analysis of the concrete problem in child’s rights protection sphere. In 2006 the below mentioned summings-up, analyses were performed in the Institution of the Controller for the protection of the rights of the child: - Concerning the situation and issues of children’s with disabilities in Lithuania; - Concerning the topical issues in children’s health care sphere; - Concerning the effectiveness of the help of pedagogical psychological services; - Concerning children’s rest and busyness organization during the summer in 2005 year and in 2006 year; - Concerning the problems putting into the practice the regulation of child temporary departure abroad; - Concerning the using of the finances of the state committed for municipal services for the protection of the rights of the child, the payments of service’s employees, workload and work conditions. Summings-up and concrete proposals of the Controller for the solution of problems were laid for the members of the Parliament, Government and other concerned and responsible institutions, also society. - International scientific practical conference “Aspects of psychosocial help for child, family and community”; - International conference “Help for children with disabilities and their families”; - Interdepartmental meetings concerning safeguarding child’s rights and legal interest of him in criminal process; - Round table discussion “Interdepartmental cooperation in child’s rights protection sphere” (started in 2006 – finished in 2007); - Monitoring of the child’s rights situation in stationary foster and educational institution (started in 2005 – finished in 2006). Controller for the protection of the Rights of the Child submitted specific proposals to the Parliament, Government, Ministry of Social Security and Labour, Ministry of Health Care, Ministry of Science and Education, the Supreme Court and other competent institutions: Controller for the protection of the Rights of the Child submitted specific comments and proposals concerning: - the implementation of conclusions of the UN CRC; - the prevention of minor’s violence and aggression; - the accessibility of the psychological help for preschool children; - the children’s protection from harmful effect of Internet and computer games; - reorganisation of children’s guardianship system; - special children’s tutorial institutions; - the regulation of eviction from the living accommodation (home); - the establishment of long-lasting rehabilitation centres for children drug users; - the convicted release from the imprisonment places; - etc. The Institution of the Controller submitted specific comments and proposals for improving valid legal acts (Civil Code, Code of Civil Procedure, Code of Criminal Procedure and etc.) and for the drafts of new legal acts (Law on Child minimal and medium observation; Law on Children’s Maintenance Fund; etc.). Some of the issues were discussed and solved in interdepartmental working groups established by the Controller. Representatives if the Institution of the Controller take active participation in working groups, meetings and discussions organized by other institutions (in 2006 representatives Institution took part in 16 working group).
In order to settle the problems of child rights protection more effectively and to promote child rights and Ombudsman’s activities, to spread good practices – Children’s Rights Ombudsman pays the extreme attention to international cooperation. On of the most important events is the signing the Cooperation agreement between the Lithuanian and Polish Children’s Rights Ombudsmen in May 2006. Controller for the protection of the Rights of the Child have met with representative of Europe Council Human Rights Commissioner and have pleasant welcome delegations from Tadzhikistan, Kirghizia, Kazakhstan, Azerbaijan, Moldova, Turkey, Afghanistan, Germany and etc. Also, Controller visited Latvia (purpose – survey the system of children’s rights protection institution in Latvia, share experience in child custody, adoption and alimony spheres), Kazakhstan (purpose – to discuss the possibilities of establishing institution of the representative for the protection of the rights of the child), in Ukraine, Azerbaijan and Belarus (purpose – to share experience of the establishing and activity of children’s rights protection institution), in Georgia (purpose – to take part in the conference, to survey and share experience how ensure the safety of the child), etc. Representatives of Institutions of the Controller for the protection of the rights of the child have possibility to learn more about Norwegian and Iceland Ombudsmen for Children’s experience. Communication with children The Controller for the Protection of the Rights of the Child has visited and communicated with children in institutions for children: foster homes, foster families and large families, special institutions, special foster institutions, children hospitals, schools, preschool institutions, special schools and pensions (for children with disabilities), day care centres, crises centres and etc. From these conversations Ombudsman has found that many children know the Ombudsman’s Institution from TV shows, magazines, web sites and etc. Controller individually attends children events and festivals. Institution of the Controller helps to organize such events: - Institution of the Controller for the Protection of the Rights of the Child together with Teacher’s House has organised Christmas and Easter Market ,,Children of Angels – With Love”; - Institution of the Controller for the Protection of the Rights of the Child together with charity and support foundation Safe traffic, Vilnius Safe traffic School in the parliament has organized the festival during which was set first safe traffic Christmas tree (it was decorated with traffic signs, reflectors and etc.); - Controller participated at the charity project for children’s in foster homes gala concert “Fruition action” (the purpose of this action to decrease the number of children growing in foster homes/institutions). Controller has met with members of Parliament of schoolchildren, children from foster homes and other children whose are interested in and take active participation in children’s right protection sphere. Children personally wrote directly to the Controller, called her and came to an Institution or ask the Controller to visit him/her to talk individually. Children have the right to express them opinion and must be heard. _______________
Annual meeting of ENOC in Barcelona, from 19th to 21st September 2007
Barboros Radvilaitės str. 1, 01124 Vilnius, Lithuania
Phone/fax (+370 ~ 5) 210 7176
E-mail: [email protected]
http://vaikams.lrs.ltGeneral information
Streamlines of the Controller activities in 2006
* Investigation of complains and on the Controller for the protection of the rights of the child initiative
* International and national meetings, discussions concerning child’s rights protection issues, where Institution of the Controller for the protection of the rights of the Child was organizer or partner
* Proposals concerning the improvement of children situation at different spheres, substitution and adoption of new legal acts. Other activity concerned with child rights protection
The international cooperation