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Uam in on-site inquiries of the Hungarian Ombudsman

Uam in on-site inquiries of the Hungarian Ombudsman. Agnes Lux, agnes.lux @ ajbh.hu ENOC Conference , 25-27 September 2013, Brussels. About the ombudsman. There is no separate institution as an ombudsperson for children

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Uam in on-site inquiries of the Hungarian Ombudsman

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  1. Uaminon-siteinquiries of theHungarian Ombudsman Agnes Lux, agnes.lux@ajbh.hu ENOC Conference, 25-27 September 2013, Brussels

  2. Aboutthe ombudsman • There is no separateinstitutionas an ombudspersonforchildren • Act 111 of 2011 oncommissionerforfundamentalrightsprioritizetodefendchildren’srights • Complaints, ex officioinquiries • Projects (2008: awareness-raising, 2009: violence, 2010: childrenincare, 2011: right tohealth, 2012: child-friendlyjustice, 2013: right tohealthyenviroment)

  3. OnsiteInquirieson UAM • The ombudsman carried out onsiteinquiries 1-2 times per yearsince 2009 (withoutanypreliminarynotificationstoo) • Childrenwithforeignnationalities & whomareseparatedfromtheirfamiliescan be categorized: • Childrenwithimmigration status (incl. statelesspeople) • Asylumbeneficiaries • Victims of human smugglings

  4. Findings • Prevention and management of illegal migration instead of take into consideration the best interest of the child • All legal provisions regarding the child protection system see UAM firstly as foreigners based on their legal alien status, secondly as children • Legal provisions ignore their special needs (differentethnical, culturalbackground, language, traumas) • There is no regulation regarding appointment of one trustee who may be representative • The fundamental rights of UAM essentially prevail in Hungary • There is no financial source to employ interpreter in children’s homes where non-Hungarian speaking children may be placed

  5. SomeCases 1. Policecought 700 UAM between 1 January 2012 – 30 September 2012 crossingtheborders(thereweresomeunderage 14y) • Severalyoungpeoplewere „sent” back toSerbia, wheretheycamefrom, otherswereaccomodatedinchildren’shomeseach 2 of 3 soondisappearedwithouttrace 2. 12 Afghanchildren (betweenage 5-15y)werecoughtatthe „greenborder” • Harmfulage - assessmentprocedure (itwasdeterminedbythepolicedoctor);

  6. Asylumseekerminorsarenowplacedin a children’shome, instead of refugeecamp (ofcourseit’s more better, buttherewasfencesasaround a detentioncentres, and therewas no isolationwardwherenewarriveryouthssufferingfrominfections and parasitescould be treated and caredfor.) • Allthechildrenareeffectedby „posttraumaticstressdisorder” - educators and alsopsychologistsareunabletotreatthisproperly, thestaffalsoneedssupport • Inonedetention centre in Hungary canminorsunder 14y be placed (alienpolicingauthoritiesmaytakeintocustodyforupto 30 daysforeignchildrentogetherwiththeiradultfamilymembers) – unnecessary& no legalguaranteeforthem

  7. Thanksforyourkindattention!

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