COMMITTEE ON THE RIGHTS OF THE CHILD 31st session
CRC/C/15/Add.194
4
October 2002
UNEDITED VERSION
CONSIDERATION
OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 44 OF THE
CONVENTION
1.
The Committee
considered the second periodic report of POLAND (CRC/C/70/Add.12), submitted on
2 December 1999, at its 827th and 828th meetings (see CRC/C/SR.827-828),
held on 1 October 2002, and adopted at the 833rd meeting, held on 4
October 2002, the following concluding observations.
2.
The Committee welcomes the submission of the State party’s
second periodic report, as well as the
detailed written replies to its list of issues (CRC/C/Q/POL2), which gave
a clearer understanding of the situation of children in the State party. It
further notes with appreciation the cross-sectoral delegation sent by the State
party and welcomes the frank dialogue and the positive reactions to the
suggestions and recommendations made during the discussion.
B. Follow-up
measures undertaken and
progress achieved by the State party
3.
The Committee welcomes the State party’s adoption of a new
constitution in 1997 which embodies many of the principles of the Convention on
the Rights of the Child.
4.
The Committee welcomes the State party’s establishment in
2000 of the Office of the Ombudsman for Children responsible for the monitoring
of children’s rights throughout
·
The Act of 24 July 1998 amending the Act on Social Welfare,
which established local centres for family assistance;
·
The Act of 7 January 2000 amending the Acts on Social Welfare
and Pensions, which created a coherent system of family protection and child
care within the framework of social welfare and based on the local centres for
family assistance.
8.
The Committee acknowledges that the State party continues to
face economic difficulties and high unemployment rates as a result of the
transition to a free market economy. This has led to regional disparities and
increased poverty, and thereby affected negatively the welfare and living
standards vulnerable families with children.
D.
Principal areas of concern and recommendation
1.
General Measures of Implementation
(arts. 4, 42 and 44, paragraph 6 of the Convention)
9.
The Committee welcomes the delegation’s information that
the process of considering the withdrawal of the State party's reservations to
articles 7 and 38 and the declarations on articles 12 through 16 and article 24
has been resumed in 2001.
11.
The
Committee, while taking note of the adoption of the new Constitution in 1997 and
subsequent amendments to domestic legislation, nevertheless remains concerned
that all domestic laws still do not fully comply with the provisions and
principles of the Convention.
13.
The Committee notes the decision of the
President of the Council of Ministers to make the Minister for National
Education and Sport responsible for the coordination of policy on children and
youth and the Delegation’s information that the State party is
developing a National Plan of Action. Yet it remains concerned that
activities and programs run by different ministries and levels of government
lack coordination.
14.
The
Committee recommends that the State Party ensure that the Ministry for National
Education and Sport is provided with adequate financial, human and material
resources to effectively carry out its responsibilities in the coordination of
policy, and that appropriate mechanisms for consultation and coordination are
set up among the ministries and between the all levels of government working
with and for children.
Independent
Monitoring
15.
The
Committee welcomes, as noted, in paragraph 4, the establishment of the Office of
the Ombudsman for Children and the role of the Supreme Chamber of Control.
Nevertheless, it is concerned at the lack of sufficient resources for the
Ombudsman for Children.
16.
The Committee recommends that the State party:
a)
strengthen the role of the Supreme Chamber of Control as an
internal monitoring body for the evaluation of children’s issues and establish
a comprehensive system for monitoring and self-evaluation of the implementation
of the Convention on the Rights of the Child both at the national and local
level;
b)
provide the Ombudsman for Children with sufficient resources
to fulfil his responsibilities;
c)
collaborate with NGOs and civil society organizations in
monitoring children’s rights and policies both at the national and local
levels.
17.
The
Committee notes with concern that allocations for children from the central
budget declined from 2000 to 2001 and are insufficient to respond to national
and local priorities for the protection and promotion of children’s rights and
to overcome and remedy existing disparities between rural and urban areas with
respect to services provided to children.
18.
While recognizing the difficult economic conditions, the
Committee recommends the State party to pay particular attention to the full
implementation of article 4 of the Convention by prioritising budgetary
allocations to ensure implementation of the economic, social and cultural rights
of children “to the maximum extent of… available resources”. Noting the
State party’s efforts at administrative reform and the decentralization of
service provision, the Committee recommends that the State party strengthen, to
the maximum extent of available resources, the capacity of local governments in
rural and urban areas equally to implement the economic social and cultural
rights of children.
19.
The
Committee welcomes the additional statistical data contained in the written
replies to the list of issues (CRC/C/Q/POL/2) and the information that a
programme called E-Poland will be initiated in order to improve the exchange of
data between ministries and facilitate its comparison and analysis. But it
remains concerned that that very little data is specifically disaggregated by
gender and that data and indicators are not available for all areas covered by
the Convention.
20.
The Committee recommends that the State party:
a)
Ensure that the current system of data collection and
indicators are disaggregated by gender and where appropriate by minority and
ethnic groups, and urban and rural areas. The current system of data collection
should be expanded, with the assistance of relevant Ministries and authorities,
to include all areas covered by the Convention, including all aspects of the
juvenile justice system and assistance provided to child victims of sexual
exploitation or abuse. The system should cover all children up to the age of 18
years, with specific emphasis on those who are particularly vulnerable,
including child victims of abuse, neglect, or ill-treatment; children with
disabilities; children belonging to ethnic groups; refugee and asylum-seeking
children; children in conflict with the law; working children; children living
in the streets; children involved in commercial sexual exploitation and
trafficking; and children in rural and economically depressed areas; and,
b)
Use these data and indicators for the formulation, monitoring
and evaluation of policies, programmes and projects for the effective
implementation of the Convention.
Cooperation with civil society
21.
Despite
the existence of a vibrant civil society, the Committee is concerned that NGOs
are not fully included in the government’s efforts to implement the Convention.
22.
The
Committee emphasises the important role civil society plays as a partner in
implementing the provisions of the Convention, and recommends that the State
party involve non-governmental organizations in a more systematic and
coordinated manner throughout all stages of the implementation of the Convention,
including policy formulation, at the national and local level.
23.
While
noting the initiatives of the State party and the many activities of the
Ombudsman for Children to promote awareness of the principles and provisions of
the Convention, the Committee is concerned that all groups of professionals
working with and for children as well as children, parents and the public at
large are still not sufficiently aware of the Convention and the rights-based
approach enshrined therein.
24.
The
Committee recommends that the State party strengthen its awareness raising
efforts and encourages the State party to undertake systematic education and
training on the principles and provisions of the Convention, in particular
parliamentarians, law enforcement officials, civil servants, municipal workers,
personnel working in institutions and places of detention for children, health
personnel, including psychologists, social workers, religious leaders, as well
as children and their parents.
2.
Definition
of the child (article 1 of the Convention)
25.
The Committee is concerned that there is no clear
minimum age of criminal responsibility and that in some cases children as young
as ten years of age can be sentenced to educational measures.
26.
The
Committee recommends that, as the 1982 Law on Procedures in Cases Involving
Juveniles considers juveniles to be between the age of 13 and 17 years old, the
State party establish at least 13 years as the sole minimum age for criminal
responsibility below which children cannot be sentenced to either correctional
or educational measures.
3.
General
principles
(arts. 2, 3, 6 and 12 of the Convention)
27.
The Committee notes with concern that the principle of
non-discrimination is not adequately implemented with respect to certain
vulnerable groups of children, including children of the Roma and other ethnic
minorities, children living in institutions, children with disabilities,
children of poor families and children with HIV/AIDS. In particular, the
Committee is concerned about their limited access to adequate health, education
and other social services and reports of racially motivated violence in which
police have failed to protect the victim.
28.
The
Committee recommends that the State party increase its efforts to ensure
implementation of existing laws guaranteeing the principle of non‑discrimination
and full compliance with article 2 of the Convention, and to adopt a proactive
and comprehensive strategy to eliminate discrimination on any grounds and
against all vulnerable groups.
29.
The Committee requests that specific information be included, in the next periodic
report, on the measures and programmes relevant to the Convention on the Rights
of the Child undertaken by the State party to follow up on the Declaration and
Programme of Action adopted at the 2001 World Conference Against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and taking account of
General Comment no 1 on article 29(1) of the Convention (aims of education).
30.
The Committee notes the State party’s efforts to
require administrative and judicial proceedings to take into account the views
of the child, but it is concerned that in practice this principle is not always
implemented, particularly in proceedings involving unaccompanied children
applying for refugee status, juvenile offenders, children placed in institutions
and in custody hearings.
31.
The
Committee recommends that the State party:
a)
Take effective
measures, including legislation, to promote and facilitate respect for the views
of children and their participation in all matters affecting them, by courts and
all administrative bodies, in accordance with article 12 of the Convention;
b)
Provide
educational information to, inter alia, parents, teachers, government
administrative officials, the judiciary, the Roman Catholic Church and other
religious groups, and society at large on children’s right to have
their views taken into account and participate.
4.
Civil
rights and freedoms
(arts. 7, 8,
13-17 and 37(a) of the Convention)
Freedom
of conscience and religion
32.
The Committee is concerned that, despite regulations
guaranteeing that parents can choose for their children to attend ethics classes
instead of religion classes in public schools, in practice few schools offer
ethics courses to allow such a choice, and students require parental consent to
choose ethics courses.
33.
The Committee recommends that State party ensure that all
public schools permit children, in practice, to choose freely whether to attend
religion or ethics classes with parental direction provided in a manner
consistent with the child’s evolving capacities.
Ill-treatment
and violence
34.
The Committee notes the establishment of the “Blue Card”
program to address family violence but is concerned that child abuse, and
violence in the home and in schools remain a problem in the State party and that
there is no national system to receive and address complaints on child abuse and
neglect. It is also concerned that victims of abuse and their families receive
limited support for recovery and reintegration. Furthermore, the Committee is
concerned that corporal punishment is widely practiced in the home, in schools
and in other institutions such as prisons and in alternative care contexts.
35.
The Committee recommends that the State party:
a)
Establish a national system for receiving, monitoring, and
investigating complaints, and when necessary prosecuting cases, in a
child-sensitive manner, and provide training for law enforcement officials,
social workers and prosecutors in this regard;
b)
Set up a comprehensive and nationwide response system which
is designed to provide, where appropriate, support and assistance to both
victims and perpetrators of family violence, rather than only intervention or
punishment, and which ensures that all victims of violence have access to
counselling, and assistance with recovery and reintegration, particularly in
communities where the local administration does not have sufficient resources to
set up a family crisis centre;
c)
Establish a mechanism to collect data on the perpetrators and
victims of abuse disaggregated by gender and age in order to properly assess the
extent of the problem and design policies and programmes to address it;
d)
Expressly prohibit corporal punishment in the home, schools
and all other institutions;
e)
Carry out public education campaigns about the negative
consequences of ill-treatment of children, and promote positive, non-violent
forms of discipline as an alternative to corporal punishment.
5.
Family environment and alternative care
(arts.5; 18
(paras.1-2); 9-11; 19-21; 25; 27 (para.4); and 39 of the Convention)
Alternative
care
36.
The
Committee is concerned at the high number of children in the State party living
in institutions, a significant proportion of which are “social” rather than
natural orphans.
37.
The
Committee recommends that the State party:
a)
ensure
a periodic review of placement of children in institutions which takes into
account the views and best interest of the child while aiming, whenever possible,
to reintegrate them into their families, with appropriate counselling and
support or finding other forms of alternative care other than
institutionalization;
b)
Expand
the foster care system by providing greater financial support to foster families
and increasing the counselling and support mechanisms for foster families;
c)
Upgrade
the capacity and skills of social workers so that they are better able to
intervene and assist children in their own environment;
d)
Establish
procedures to ensure that children currently residing in institutions that are
being closed down are fully informed and able to participate in deciding their
future placement, and that these children retain their rights to social
protection.
6.
Basic health and welfare
(arts. 6; 18, para. 3; 23; 24; 26; 27, paras 1-3 of the Convention)
38.
The
Committee is encouraged that health indicators of children are good and
continuously improving, nevertheless it is concerned at the increase of
unhealthy behaviours and lifestyle trends, as well as the low percentage of
mothers continuing to breast feed.
a)
Improve the effectiveness of health promotion and health
education program, in particular by promoting healthy lifestyles among children
and young people;
b)
take steps to encourage and educate mothers on the benefits
of exclusive breastfeeding for an infant’s first six months and continued
breastfeeding for two years.
40.
The
Committee is concerned that children with disabilities do not all have the
opportunity to attend integrated schools and education programs, and that in
some cases children with disabilities are institutionalized or do not attend
school regularly due to a lack of appropriate programs available close to their
homes.
41.
The Committee recommends that the State party:
a)
Develop a time-bound plan for reducing the number of children
with disabilities living in institutions and integrating them into mainstream
education and vocational training programs, as well as social, cultural and
leisure activities;
b)
Provide sufficient financial, human and organizational
resources to powiats to ensure that they all offer integrated educational
facilities accessible and appropriate for children with disabilities and that
will ensure their full participation in society.
Adolescent
health
42.
The
Committee is concerned that:
a)
the rate of teenage pregnancies is
relatively high and that adolescents have limited access to reproductive health
education or services;
b)
smoking amongst adolescents is
excessive;
c)
the abuse of alcohol, drugs and
illicit substances is increasing among teenagers.
43.
The Committee recommends that the State party institute
health education and awareness programs specifically for adolescents on sexual
and reproductive health and the dangers of smoking and drug and alcohol abuse in
schools, community clubs, family centers and other institutions working with
children.
7.
Education
(arts. 28, 29 and 31 of the
Convention)
44.
The
Committee notes new initiatives to provide textbooks to children from poor
families and provide all schools with computers, yet it remains concerned at the
increasing disparities in access to education, material conditions of schools
and quality of education between rural and urban areas, particularly with regard
to kindergartens and extracurricular programs and activities.
45.
The
Committee recommends that the State party ensure that children in rural areas
have equal opportunities for a quality education which provides them with the
skills to enter the labour market or university-level education based on their
merit, by:
a)
Seeking
innovative means for promoting the cognitive, social and emotional development
of children, through inter alia programs that foster interaction between
children and their peers, parental education programs on the benefits of early
childhood education, ensuring that there are sufficient and appropriate
kindergarten facilities for all children in rural areas, and improving the
education system towards the aims mentioned in art. 29(1) of the Convention and
the Committee's General Comments on the Aims of Education and introduce human
rights, including children's rights, into the school curricula;
b)
ensuring
that rural areas and poorer communities are provided with additional funds to
allow them to provide the same quality of education and level of extracurricular
programs as urban schools;
c)
ensuring
that students from poor families or those in rural areas have access to
scholarships or other forms of financial support to allow them to attend general
secondary schools in preparation for university.
8.
Special
protection measures
(arts.
22, 38, 39, 40, 37 (b)-(d), 32-36 of the Convention)
Refugee
children and unaccompanied minors seeking asylum
46.
The Committee notes the State party’s efforts to speed
up processing of refugee cases, nevertheless it is concerned that the claims of
unaccompanied minors are slowed down by cumbersome procedures for appointing a
legal representative of such minors applying for refugee status, who is solely
responsible for administrative matters and not obligated to act in the best
interest of the child. Furthermore, the Committee is concerned that children
waiting for their refugee claims to processed do not have opportunities for
education if they are housed in emergency wards and in some cases they are held
together with juvenile offenders.
47.
The
Committee recommends that the State party:
a)
amend
current legislation on refugee processing so as to ensure that all unaccompanied
minors are immediately appointed a legal guardian responsible for that child who
is obligated to act in the best interest of the child and take the view of the
child into account
b)
ensure
that asylum seeking children temporarily placed in emergency wards are not held
together with juvenile offenders and only remain in the emergency ward for the
shortest period possible, and not exceeding the legal maximum of three months
c)
ensure
that all children awaiting processing of their refugee claims in emergency wards,
the refugee reception centre or other forms of care have full access to
education.
Sexual
exploitation and trafficking
48.
The Committee notes the increased efforts of the State
party to cooperate in regional programs to prevent trafficking and repatriate
victims, nevertheless the Committee is concerned that Poland is still a country
of origin, destination and transit for children trafficked for sexual
exploitation.
49.
The
Committee recommends that the State party:
a)
proceed
with its intention to ratify ILO Convention 182 on the worst forms of child
labour and the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational
Organized Crime, and
develop a National Plan of Action on Commercial Sexual Exploitation of
Children as agreed at the First and Second World Congresses Against Commercial
Sexual Exploitation of Children in Stockholm (1996) and Yokohama (2001)
respectively;
b)
ensure
that all persons under 18 involved in prostitution and the production of
pornographic materials are not criminalized and enjoy full protection measures
c)
Train law enforcement officials,
social workers and prosecutors on how to receive, monitor, investigate and
prosecute complaints, in a child-sensitive manner;
d)
Ensure
that all victims of trafficking and forced prostitution have access to
appropriate recovery and reintegration programs and services.
Juvenile
justice
50.
The Committee is concerned at the high numbers of
juveniles spending extensive periods of time in emergency wards either as a
pre-trial detention measure or as punishment for their actions in the juvenile
reform centres. In addition, the Committee is concerned that not all juvenile
detention centres guarantee the child’s right to maintain contact with his or
her family or provide adequate living standards.
51.
The
Committee recommends that the State party:
a)
ensure the full implementation of
juvenile justice standards and in particular articles 37, 40 and 39 of the
Convention, as well the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines),
and in the light of the Committee's 1995 discussion day on the administration of
juvenile justice
b)
enforce
the regulations allowing a maximum stay of three months in emergency wards
c)
use deprivation of liberty only as
a last resort and protect the rights of children deprived of their liberty,
including those pertaining to conditions of detention.
Children
belonging to minority groups
52.
The Committee is concerned that despite pilot programs
aimed at improving the situation of Roma in certain provinces, the Roma still
suffer from widespread discrimination which has in instances impeded Romani
children’s right to education, health and social welfare.
53.
The
Committee recommends that the State party:
a)
initiate
campaigns at all levels and in all provinces aimed at addressing negative
attitudes towards Roma in society at large and particular amongst authorities
and professionals providing health, education and other social services
b)
Develop
and implement a plan aimed at integrating all Roma children into mainstream
education and prohibiting their segregation into special classes and which
includes pre-school programs for Romani children to learn the primary language
of schooling in their community
c)
Develop
curriculum resources for all schools which include Romani history and culture in
order to promote understanding, tolerance and respect of Roma in Polish society.
9.
Optional Protocols to the Convention on the Rights of the Child
and Amendment to article 43 (2) of the Convention
54.
The Committee notes that
the State Party has not ratified the two Optional Protocols to the Convention on
the Rights of the Child on the sale of children, child prostitution and child
pornography, and on the involvement of children in armed conflict.
55.
The Committee recommends
the State party to ratify the two Optional Protocols to the Convention on the
Rights of the Child.
10.
Dissemination of documents
56. Finally, in light of article 44, paragraph 6, of the Convention, the Committee recommends that the second periodic report and written replies submitted by the State party be made widely available to the public at large and that the publication of the report be considered, along with the relevant summary records and concluding observations adopted by the Committee. Such a document should be widely distributed in order to generate debate and awareness of the Convention and its implementation and monitoring within the Government, the Parliament and the general public, including concerned non‑governmental organisations.
11.
Next report
57.
The Committee, aware of the delay in the State party’s
reporting, wants to underline the importance of a reporting practice which is in
full compliance with the rules set in article 44 of the Convention.
Children have the right that the UN Committee in charge of regularly
examining the progress made in the implementation of their rights, does have the
opportunity to do so. In this regard,
regular and timely reporting by State parties is crucial.
In order to help the State party get back onto the right reporting track
in full compliance with its obligation under the Convention, the Committee
invites the State party by way of exception to submit its 4th report before the due date established under the Convention for the fourth periodic
report on 7
July 2008. This report would combine the third and fourth periodic reports.