THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARE SITUATION IN LITHUANIA Audrone Bedorf Adviser of...

THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARETHE PROTECTION OF THE RIGHTS OF THE CHILD IN CARESITUATION IN LITHUANIASITUATION IN LITHUANIA

Audrone BedorfAudrone Bedorf

Adviser of the Ombudsman for ChildrenAdviser of the Ombudsman for Children

of the Republic of Lithuaniaof the Republic of Lithuania

Office of the Ombudsman for Children of the Republic of LithuaniaOffice of the Ombudsman for Children of the Republic of Lithuania

3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and 3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and Promotion of the Rights of the Child in CarePromotion of the Rights of the Child in Care

Tallinn (Estonia), 6-7 April 2011Tallinn (Estonia), 6-7 April 2011

State (Parliamentary) levelState (Parliamentary) level

Executive levelExecutive level

Ombudsman for ChildrenOmbudsman for Children

Ministry of Social Security Ministry of Social Security and Labourand Labour

Department of Supervision of Social ServiceDepartment of Supervision of Social ServicessDepartment of Supervision of Social ServiceDepartment of Supervision of Social Servicess

Municipal levelMunicipal level Child’s Rights Protection ServicesChild’s Rights Protection Services

State Child Rights Protection and Adoption ServiceState Child Rights Protection and Adoption ServiceState Child Rights Protection and Adoption ServiceState Child Rights Protection and Adoption Service


System of Institutions for Protection of Rights of the ChildSystem of Institutions for Protection of Rights of the Child

Municipal levelMunicipal level

Municipal Child’s Rights Protection ServicesMunicipal Child’s Rights Protection Services

are closest to the child

implement the provisions of the CRC and other legal acts regulating protection of the rights of the

child

represent and protect children rights and legal interests

are responsible for

determination of children in need of care

organisation and supervision of child care irrespectively of the form of guardianship

submission of the proposals concerning improvement of child guardianship


Executive levelExecutive level

Ministry of Social Security and LabourMinistry of Social Security and Labour

shapes and implements a policy of the protection of the rights of the child

ensures the appropriate protection of the rights of the child together with other state and municipal

institutions.

State Child Rights Protection and Adoption ServiceState Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour under the Ministry of Social Security and Labour

organises trainings for guardians and adoptive parents

provides methodical assistance on issues of implementation of children rights protection

co-ordinates the activities of Municipals Child’s Rights Protection Services

Department of Supervision of Socials ServicesDepartment of Supervision of Socials Services under the Ministry of Social Security and Labour under the Ministry of Social Security and Labour

assesses, supervises and controls quality of social assistance, including social care, on the state and

municipal levels

administrates social programmes and projects at the state and municipal levels and controls how the

allocated funds are used


State (Parliamentary) levelState (Parliamentary) level

Ombudsman for ChildrenOmbudsman for Children

controls and supervises of the implementation of provisions of international and national legal acts

regulating protection of children rights

investigates child rights violation cases

submits proposals to the President, Parliament and Government concerning measures that could

improve the protection of children rights

The Ombudsman for Children is a state official appointed by the Seimas (Parliament) of the Republic of

Lithuania exercising supervision and control of the implementation and protection of the rights of

children, investigating the cases of violation of the rights and legitimate interests of children and

seeking to improve the situation of children in Lithuania.


The protection of the rights of children in guardianship is one of the prioritised The protection of the rights of children in guardianship is one of the prioritised

Ombudsman’s activities that is exercised through:Ombudsman’s activities that is exercised through:

The investigation of individual cases on child rights violationsOmbudsman investigates complaints of individuals and can initiate investigation on his own initiative having obtained

the information about violations of child’s rights

Visiting institutions and communicating with children, professional working with children and other

persons concerned

Supervision and analysis of child guardianship system and legal acts regulating it

Submission of proposals concerning improvement legal regulation and other measures that could

improve the protection of the rights of children in care

Office of the Ombudsman for Children made analysis: on the situation of state and municipal institutions (2005) on the problems of child guardianship (2005) on sexual violence against children in institutions (2008) on the implementation of the principle of non-separation of siblings in guardianship establishment (2008)


Investigations of violations of the rights of the child carried out byInvestigations of violations of the rights of the child carried out by

the Ombudsman for Childrenthe Ombudsman for Children

Violations of the rights of children in guardianship are between the most frequent violations of children’s rights according the Ombudsman’s investigations.

The guardian as person who has violated child rights was mentioned in 11 percent of the Ombudsman’s investigations started in 2010.

The guardian was considered being violator of the rights of the child in 6 percent of the Ombudsman’s investigations finished in 2010.

13 percent of the Ombudsman’s investigations started in 2010 were because of various violations in the field of child care (activities of guardians, abuse in guardian families or institutions, conditions of living of child in care, etc.)

Various violations in the field of child care were found by in 9 percent investigations made by the Ombudsman (activities of guardians, abuse in guardian families or children’s homes, conditions of living of child in care, etc.) in 2010.


1291012306

11608

2624 26912175 2145

11130

0

2000

4000

6000

8000

10000

12000

14000

2007 2008 2009 2010

Over the year At the end of the year

More than 2000 children are deprived from parental care in Lithuania every year

The population of Lithuania was

3 245.0 thousands persons in 2010

There were 636.1 thousands children

under 18 in 2010


Children deprived of parental careChildren deprived of parental care

Family guardianshipFamily guardianshipChild guardianship in a family shall involve no more than 5 children placed under guardianship in the environment of a natural family (the total number of children in the family including the parents’ natural children may not exceed 5).

Social family guardianshipSocial family guardianshipA child’s guardianship in a social family is the form of guardianship where a legal person (social family) has under its guardianship 6 or more children (the total number of children in a social family including the parents’ natural children may not exceed 12) in a family environment.

Institutional guardianshipInstitutional guardianshipA child deprived of parental care shall be placed in a public or non-government child guardianship institution where there is no possibility of placing the child under guardianship in a family or a social family.

In 2010, 106 children foster care institutions were in Lithuania.


7240

4002

264

6931

4391

286

6654

4173

303

0

1000

2000

3000

4000

5000

6000

7000

8000

2008 2009 2010

Children in families Children in institutions

Children in social families

Forms of child guardianship:Forms of child guardianship:

Child right to live with parentsChild right to live with parents

The separation of child from his parents and his family environment must be as short as possible.

Competent institutions must exhaust all measures having the purpose to return child to his

biological family.

The are different reasons why a child may be separated from his parents.

Efficient assistance to the family is one of the main measures in order to return child to his

parents.

The term of child stay in care must be objectively reasoned.

Stay in care for unjustified long term or hasty returning of the child to his family is harmful and

damaging for the child and has negative impact on his development.


Child right to associate with parents and relativesChild right to associate with parents and relatives

Child has the right to communicate with parents and relatives, receive information about them, if

it is not against interests of the child.

There are the examples when guardians violate child right to associate with parents and

relatives.

Most often the guardian explains such violation in a way, that the decision was taken in regard to

the child’s best interest and wishes.

However, the real reasons most often are that guardian is no longer interested to return child to

his parents for different subjective reasons.

The guardian’s are not in favour to contact and strengthen links with child’s family and relatives

who actively try to follow child’s conditions in institution; child’s daily life, his relations with

personnel and other children, etc.

Guardians do not want to be paid attention by the competent authorities to whom the relatives or

parents of children may appeal.


Child right to associate with parents and relativesChild right to associate with parents and relatives

An opposite situation

Guardian does not object on child’s communication with his family, allows to visit relatives,

despite the negative and harmful their influence on the child.

Guardian allow the child to return home on weekends or holidays, without having enough

information about situation in family, without having assessed if it is safe for a child to go home, if

the parents are able to take care of the child properly.

When making decision on child’s return to a family (during weekend or holidays) not only the

living conditions that may safeguard minimal child’s needs, but also the ability of family members

to take proper care of the child during his stay at home should be taken into account.

Children rights can be violated when children are allowed by institutions to visit so called

“weekend guardians” (people who to apply to foster home with the intention to bring the child to

their living place ant to take care of the child on weekends and holidays).

Institution is responsible for making decision if to allow a child to visit “weekend guardian” or not,

but the mutual consent of the Municipal Child’s Rights Protection Service and the guardian is

very important in order to prevent violations of the rights of the child during his stay at ,,weekend

guardian’s” place.



Foster / Social FamilyFoster / Social FamilyFoster / Social FamilyFoster / Social FamilyBiological FamilyBiological FamilyBiological FamilyBiological Family Guardianship InstitutionGuardianship InstitutionGuardianship InstitutionGuardianship Institution

Child right to grow in the family-like surrounding, when child’s return to family is not possible Child right to grow in the family-like surrounding, when child’s return to family is not possible

If the child is not being returned to his family and is being placed in the institution, it is important to look for best solutions for this child to be adopted or to grow up in the family-like surroundings.

Some fear still may be met when institutional guardianship is being replaced by family guardianship form, as such children may be returned back to institution shortly in future.

Foster families, social families need professional help dealing with different problems related with children.

If the guardian and the child did not receive efficient assistance timely or problem related with the child remains

irrespectively to provided assistance, one of the solutions that can be taken by guardians is to withdraw from

further guardianship. Child will be placed in the institution again.

Foster / Social FamilyFoster / Social FamilyFoster / Social FamilyFoster / Social Family

Child right to grow in the in a family-like surrounding, when child’s return to family is not possible Child right to grow in the in a family-like surrounding, when child’s return to family is not possible

The purposeThe purpose of child guardianship is to ensure the child’s upbringing and care in an environment which

would facilitate the child’s growing up, development and progress.

Objectives Objectives of child guardianship:

1) to appoint for the child a guardian whose duty it will be to take care of the child, bring him up,

represent the child and protect his rights and legitimate interests;

2) to provide the child with living conditions which would be adequate for his age, state of health and

development level;

3) to prepare the child for independent life in a family and in the society.

There are many attempts to make the environment of institution closer to the family-like surroundings.

Changes could be more successful if children themselves would be involved in, if their opinion would be

heard and appreciated.

Children growing up in institutions are saying that they lack knowledge and skills that are necessary for

their independent life.

There are other problems of protection of the rights of the child that are actual for many countries and

none of them solution is easy and simple.


THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARETHE PROTECTION OF THE RIGHTS OF THE CHILD IN CARE. . SITUATION IN LITHUANIASITUATION IN LITHUANIA

3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and Promotion of the Rights of the Child in Care3rd Thematic Workshop on the Role of National Human Rights Structure in Protection and Promotion of the Rights of the Child in Care

Tallinn (Estonia), 6-7 April 2011Tallinn (Estonia), 6-7 April 2011

THANK YOU FOR YOUR ATTENTION THANK YOU FOR YOUR ATTENTION !!


OFFICE OFFICE OF THE OMBUDSMAN FOR CHILDREN OF THE REPUBLIC OF LITHUANIAOF THE OMBUDSMAN FOR CHILDREN OF THE REPUBLIC OF LITHUANIAPlačioji Plačioji str. 1str. 100, LT-01104 Vilnius, Lithuania, LT-01104 Vilnius, Lithuania

TTelel./fax: (+370 5) 210 71 76./fax: (+370 5) 210 71 76E- mail: [email protected] E- mail: [email protected]

http://vaikams.lrs.lthttp://vaikams.lrs.lt

THE PROTECTION OF THE RIGHTS OF THE CHILD IN CARE SITUATION IN LITHUANIA Audrone Bedorf Adviser of...

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