1. Protection of rights of alien children coming to Poland
selected issues

2. 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

3. 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

4. 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)

5. 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

6. Thank you for your attention