COMMITTEE ON RIGHTS OF CHILD CONSIDERS POLAND'S SECOND PERIODIC REPORT

CRC
31st session
1 October 2002



The Committee on the Rights of the Child today considered the second periodic report from Poland on how that country implements the provisions of the Convention on the Rights of the Child.
Presenting his country's report, Tomasz Goban-Klas, State Secretary at the Ministry of National Education and Sports, said the situation in Poland had been characterized by a process of transition. The country had changed its military alliance by joining the North Atlantic Treaty Organization (NATO); it had made constitutional changes; and it would be a member of the European Union very soon.
He added that fundamental reform had been undertaken pertaining to the social assistance tasks, which were now entrusted to the counties, while the responsibility of education was passed to the communes. In addition, the Government was engaged in a process to allow it to withdraw its reservations on articles 7 and 38 of the Convention, and the declarations on articles 12 through 16 and article 24.
In her preliminary concluding remarks, Committee Expert Saisuree Chutikul said that the Committee would issue its concluding observations and recommendations towards the end of its session, and that the delegation should expect that the main issues discussed during the consideration of the report would be mentioned in the text. She added that the recommendations would help the State party to effectively implement the provisions of the Convention during the coming five years.
The Committee will issue its formal, written concluding observations and recommendations on the report of Poland on Friday 4 October before concluding its three-week session.
The Polish delegation was also made up of Stanislaw Przygodzki, Minister Plenipotentiary at the Permanent Mission of Poland in Geneva; Krystyna Zurek, Counsellor at the Permanent Mission of Poland in Geneva; Zbigniew Kulaga, of the Ministry of Health; Ewa Waszkiewicz and Adam Ozarowski, from the Ministry of Justice; Renata Ann Wiak, from the Police Headquarters; Tamara Uliasz, of the Ministry of Labour and Social Policy; and Marcin Turski, Interpreter.
As one of the 191 States parties to the Convention, Poland, in compliance with article 44 of the treaty, is expected to submit periodic reports to the Committee on how it is implementing the provisions of the international instrument.
When the Committee reconvenes at 10 a.m. on Wednesday, 2 October, it is scheduled to examine the second periodic report of Israel (CRC/C/8/Add.44).

Report of Poland
The second periodic report of Poland, contained in document CRC/C/70/Add.12, highlights the various activities undertaken by the State party with a view to complying with the provisions of the Convention. It provides information on the whole set up of the State structure and the economic progress made in the country since the change of the political system.
The report says that there are State agencies responsible for children's health, education, work, sports and culture, but there is no single institution responsible for the totality of children's affairs. The interests of children will soon be represented by the Spokesperson for the Rights of the Child. The Office of the Government Plenipotentiary for Family Affairs is at the service of the family, including children. The Minister of the Interior's Plenipotentiary for Refugees is in charge of children with refugee status.
The Republic of Poland fully respects the commitments imposed on States parties by international conventions, the report notes. Respect for children's rights derive from a long-standing tradition of respecting human rights, a tradition that has laid the basis for the excellent initiative of the adoption of the Convention on the Rights of the Child.
The report says that there are still certain areas in which systematic action needs to be taken to ensure that children's rights are fully guaranteed. Despite the socio-economic difficulties afflicting the Polish society, care for children's welfare is one of the primary tasks facing the Government during the period of political transformation.
Further, the report notes that since 1989, Poland has been undergoing a period of political transformation. Every human life is protected regardless of age, skin colour, sex or creed. The Polish State is particularly solicitous of the interests of disabled children and those deprived of parental care. The Poles' love for freedom and State independence has always been tied to respect for the rights of others, including persons who are small and different, the report says.

Introduction of Report
TOMASZ GOBAN-KLAS, State Secretary at the Ministry of National Education and Sport of Poland, briefed the members of the Committee on the substantial changes that had taken place since the initial report of Poland was submitted to the Committee in 1999. He said that since April 2002, the task of coordinating the fulfilment and implementation of the provisions of the Convention had been entrusted to the Ministry of National Education and Sports. It was also the same Ministry that was coordinating activities concerning the promotion and protection of child rights.
Mr. Goban-Klas said that the situation in Poland had been characterized by a process of transition, and changes could take place anytime overnight. The country had changed its military alliance by joining the North Atlantic Treaty Organization (NATO); it had changed its Constitution; and it would be a member of the European Union very soon.
He added that fundamental reform had been undertaken pertaining to the social assistance tasks, which were now entrusted to the counties, while the responsibility of education was passed to the communes. In addition, the Government was engaged in a process to allow it to withdraw its reservations on articles 7 and 38 of the Convention, and the declarations on articles 12 through 16 and article 24.
Mr. Goban-Klas recalled that following the results of the United Nations Special Session of the General Assembly on Children held in May 2002, the Government had adopted a national plan of action which would be functional in a year's time.

Experts' Questions on General Measures, Definition of the Child, and General Principles
The Committee Experts raised questions under the first cluster of main issues concerning general measures of implementation; definition of the child; and general principles.
An Expert welcomed the amendment of the country's Constitution which contained important provisions with regard to the rights of children; she also welcomed the creation of the office of the Ombudsman on the rights of the child. However, Poland had not yet ratified International Labour Organization (ILO) Convention No. 182 on the elimination of the worst forms of child labour; and the two Optional Protocols to the Convention on the Rights of the Child.
The Expert continued to say that she was encouraged by the steps taken by Poland to withdraw its reservations on some of the articles of the Convention. Turning to the contents of the report, the Expert said that there were several sections concerning children in many of the ministries, which gave a lot of room for the implementation of the provisions of the Convention. However, the coordination efforts should be underlined through the establishment of a separate body; what kind of organ did the Government intend to create? What national mechanism was in place to monitor the implementation of the Convention other than the office of the Ombudsman. Progress could only be measured through monitoring and data collection. In addition, concerning the formulation of the national plan of action, she hoped that people at the grass-roots level would be involved.
Another Expert wanted to know more about the function of the "Spokesperson for the Rights of the Child", a post which would be established to represent the interests of the child. She also asked about the situation of disabled children.
An Expert asked why the minimum age of marriage for girls was 18 and for boys was 21 years; also, at what age did military training start? Was there a national council to encourage children to express their feelings and opinions on matters concerning them?
A speaker asked about the role of the Ministry of Education in the promotion and protection of the rights of the child and its part in coordinating the activities concerning child rights. What role did the non-governmental organizations play in the promotion of child rights? How did the Government collect information on children? What portion of the national budget was allocated for the promotion and protection of children?
Poland had not so far ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), an Expert said. What was the reason behind such reticence? Respect for the rights of women was closely related to respect for the rights of the child. Turning to the report, she noted that the age for sexual consent was fixed at 15 years. Poland had a problem relating to trafficking in women and children for the purpose of commercial sexual exploitation, although it was not clearly indicated in the report.
Another Expert said that no national programme of action for children had so far been designed by Poland. There was also a lack of general statistical data on the rights of the child. Collection of statistical data was carried out by each ministry without any follow-up to transform them into national figures.
The office of the Ombudsman for child rights was doing its job fairly well in monitoring the implementation of the Convention, an Expert said, asking for information on the process of self-monitoring by the different departments and communal authorities. What was the structure of the social services, and who was monitoring them? Was there any distribution of subsidies to the various departments?
What criteria was used to allocate money to the departments and communes, an Expert asked. There were a series of difficulties in the country concerning the situation of Roma people. The difficulties were attributed to the general perception of the population against this group of people. There were allegations of discrimination against Roma children in schools. Also, it had been reported that the Government planned to raise the age limit in the involvement of pornography from 15 to 18 years; had that change already been made?

Response by Delegation of Poland
In response to the questions raised by the Committee Experts, the members of the Polish delegation said that the reduction of the national budget and the increase of subsidies were the result of the reform which had relegated responsibilities to the counties and communes.
Polish families were sacrificing a lot to keep up the well-being of their children, the delegation said. It noted that in some sectors, such as education, the salaries of teachers had been frozen due to economic difficulties.
Concerning the ratification of the two Optional Protocols to the Convention on the Rights of the Child, the delegation said that the Government had signed them in 2001. At present, a programme concerning the sexual exploitation of children and their involvement in pornographic production was being prepared with the participation of civil society and non-governmental organizations.
There were only a few cases that necessitated the hearing of children in court cases, the delegation said. The courts were not bound to hear the opinions of children concerning them. In cases of adoption, a child who had reached 13 years could express his or her opinion. Children were not heard in other matters concerning them.
With regard to children abandoned by their parents, the delegation said that those children could not be considered as Poles if their fathers were unknown and if their mothers abdicated their parental responsibilities. A family court could decide to place such children in institutions for children.
Several thousand non-governmental organizations (NGOs) were working in Poland in social fields in collaboration with the authorities, the delegation said. The Ministry of Labour had signed a series of agreements with NGOs on the development of social welfare projects for children. The NGOs played a major role in the promotion of child welfare activities.
The Government had created a network of foster care in which 35,000 families were involved, the delegation said. Currently, 46,000 children were being cared for by those foster families. The families received partial allowances to take care of the children. Payments to those families were made from the State budget because of the incapacity of the counties to carry out such transactions. Three per cent of the national budget was allocated to social affairs.
Children expressed their opinion through the structures put in place either inside or outside schools, the delegation said. Students had their own institutions, such as school councils, where they expressed their opinions. Schools were also obliged to respect and develop the views of the child in all aspects.
Children could start working from the age of 15 years although the age for compulsory education was up to 18 years, the delegation said. The work consisted of vocational training rather than remunerative activities. However, it was not prohibited that children from the age of 15 years could work 30 hours and devote their remaining time to attend school.

Experts' Questions on Civil Rights, Family Environment, and Basic Health
The Committee Experts continued raising questions under the second cluster of main subjects concerning civil rights; family environment and alternative care; and basic health and welfare.
The Experts asked about such issues as the status of children born of foreign fathers and Polish mothers; the practice of corporal punishment; the rights of disabled children and their inclusion in the society; the disparity in infant mortality rates between urban and rural areas; actions to sustain breast-feeding; adolescent sexual education and reproductive health; discrimination against HIV/AIDS victims; discrepancies in child ages for different purposes; the serious interference of religion in education; the situation of domestic violence; the practical application of the law on abortion and the rate of illegal abortions; the increase in teenage pregnancy; the negative impact of privatization on dental care and other services concerning child rights; the implementation of programmes on Roma people; racially motivated violence and the failure of police to prevent such cases; and the poverty situation in the eastern part of the country, among other things.

Response by Polish Delegation
Before the Polish delegation responded to the questions raised by the Committee Experts, the country's Ombudsman for child rights, Pawel Jaros, who was not a member of the delegation, gave an account of his functions. He said that the office of the Ombudsman for child rights was independent and was created by a constitutional act. The United Nations Children's Fund (UNICEF) had been one of the supporters of the Ombudsman's office. The efficiency of the Ombudsman depended on the collaboration of State organs closely associated with the activities of his office. The Ombudsman could initiate visits to all institutions and centres run by the Government or non-governmental organizations. Although the office had no direct access to make legislative proposals to the parliament, it could appeal to state organs to carry out such procedures.
The delegation said that Poland was a democratic country where different minorities were peacefully living without problems. With regard to racially motivated violence, the Government issued ordinances to the police to fight any form of racial discrimination or violence against members of minorities. Although there was no adequate statistical data, police had received reports of some cases involving racial violence against members of minority groups. Not all the measures taken by the police ended up with satisfactory results. Some groups, such as the Roma, did not collaborate with the police. In addition, because of fear of vengeance by perpetrators, some cases were not reported to the police.
On the question concerning the Roma, the delegation said that there was a pilot programme in the country involving the Roma population to create a partnership between them and the local authorities. With regard to the education of Roma children, the delegation said that they attended school in an erratic manner or not at all. Their lack of knowledge of the Polish language was the main handicap hampering them from pursuing their studies. Part of the problem could also be attributed to the low level of their parents' education.
Concerning violence, the delegation said that every segment of the society, including both rich and poor families, was affected by daily violence. Domestic violence was new to the Polish society. A "blue card" procedure had been initiated in which the police intervened in situations of family violence. The police intervention was to protect the victim and to apprehend the perpetrator.
Sexual crimes were a concern to the authorities, the delegation said, adding that last year, 4,716 cases of crimes against sexual freedom and morality had been committed. About 2,719 perpetrators had been prosecuted in relation to sexual crimes in which 2,000 juveniles were affected. During the current year, 1,766 criminal acts had been committed against 800 adolescents. The Government had taken measures against prostitution and trafficking in women.
Families with sick and disabled children received permanent and short-term allowances from the State, the delegation said. Some disabled children also received financial assistance from a special fund created to help this category of children. In addition, 109 children with hearing and visual deficiencies had received devices from the fund. The fund also continued to help blind and deaf children to have access to education.
Working mothers had the right to take a break from their work to breast-feed their children, the delegation said. Mothers with twins could take a longer break. Currently, the tradition of breast-feeding was being re-established and more and more mothers were practising it. There was no data on how many mothers were breast feeding.
Last year, 120 pregnant women who were infected by HIV/AIDS were treated with antiretroviral drugs, the delegation said. In addition, the Government had launched preventive campaigns against the dangers of HIV/AIDS. Over 20 kinds of preventive measures were also adopted against all sorts of addiction, including alcoholic drinks.
Abortion was allowed if the mother's life was threatened, or if the pregnancy was a result of a crime, such as rape, the delegation said. The number of legal abortions annually was very low. Figures on illegal abortions were not established by the Government because of the clandestine nature of the practise.
The Government had ratified the convention concerning the rights of ethnic minorities, the delegation said. Concerning the convention on the equal status of men and women, the Government was preparing for its adoption as soon as possible.
The age of marriage for boys had been lowered to 18 years from 21 years, the delegation said, adding that 18 was now the age of marriage for both girls and boys. A judge could decide on the marriage of a girl as young as 16, but not for a boy.
Juvenile law offenders were not kept in normal pre-trial prison facilities, the delegation said. They were kept in youth institutions, if a judge did not decide otherwise.
Asked if adopted children had the right to know their biological parents, the delegation said that they had access to the dossier accompanying them once they attained their majority age.

Experts' Questions on Education and Special Protection Measures
The Committee Experts raised their final round of questions under the last cluster of subjects regarding education; leisure and cultural activities; and special protection measures. They focused their questions on issues such as cultural and extra-curricular activities; the practice of corporal punishment in schools; the effectiveness of the juvenile justice system; corruption of minors; and sending children to reform institutions, among other things.

Country Response
In response to the questions raised by the Committee Experts, the members of the Polish delegation said that schools in the country were functioning well despite the economic regression. In addition, the local self-governments were investing much of their budget in education. Efforts were also being made to computerize many of the schools. Ten per cent of the income from the national lottery was allocated to the building of cultural activity centres for schools.
Concerning the juvenile justice system, the delegation said the system was divided into regional and district courts, the delegation said. The regional courts dealt with family affairs and other cases related to the family. The courts could not hand down decisions relating to the deprivation of liberty. Their role was of a correctional nature and the minors could be reprimanded. Juvenile courts mainly dealt with misconduct of minors and could sentence minors who committed punishable offences to preventive measures, such as isolating the minor in correctional facilities.

Preliminary Concluding Remarks
SAISUREE CHUTIKUAL, Committee Expert, thanked the members of the delegation for the efforts they made in replying to the questions raised by the Experts. She said that the Committee would issue its concluding observations and recommendations towards the end of its session, and the delegation should expect that the main issues discussed during the consideration of the report would be mentioned in the text. The recommendations would help the State party to effectively implement the provisions of the Convention during the coming five years. The text would deal, among other things, with the subject of the Ombudsman; monitoring and coordination; a comprehensive plan of action for children; special needs of children; data collection; the role of non-governmental organizations; the principle of non-discrimination; the issue of violence; respect for the views of the child; and health education.



* *** *