Protection of rights of alien children coming to Poland selected issues

Administrative procedures with foreigners on the state border border crossing and border control Polish Border Guard foreigners don’t meet entry conditions, e.g. because of lack of visa if they declare their intention to apply for international protection if: 1) they don’t declare their intention to apply for international protection, 2) need of protection doesn’t come from their explanations admission of asylum application Office for Foreigners Polish Border Guard Asylum procedure Refusal of entry

Actions of Ombudsman for Children undertaken as result of possible violations of foreigners rights on the state border Inspection at border crossing point in Terespol possible breaches of non-refoulement principle inspection report & 2 letters to Ministry of Interior with recommendations for procedures with foreigners at state border to avoid these breaches: to transcript Border Guard officers’ interviews with foreigners or to record these interviews Ministry of Interior / Polish Border Guard haven’t taken recommended actions complaints of foreigners against Poland to ECHR

alternative measures for detention Actions of Ombudsman for Children undertaken for alien children placed in Border Guard’s detention facilities Letters with recommendations to Ministry of Interior: May 2011 November 2012 December 2014 September 2016 February 2017 to introduce to Polish law a total ban of detention of children for purposes of asylum or return procedures achievements: reducing the number of alien children in detention, inter alia through introduction of: ban of detention of children under 15 (for purpose of return procedure) alternative measures for detention guidelines for court when deciding on detention of children (taking into account welfare of the child, her/his rights, particular circumstances)

Improved conditions for alien children placed in detention facilities Actions of Ombudsman for Children undertaken for alien children placed in Border Guard’s detention facilities Improved conditions for alien children placed in detention facilities inter alia through: decision to dedicate 3 (of 6) detention facilities to families with children building there playgrounds, gyms, etc. development of libraries, rooms for play, computer rooms, etc. buying new furniture better selection of staff (pedagogical education, knowledge of foreign languages etc.) active work of staff with children removal of bars from windows

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