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2014-03-03

Ordnat mottagande för barn i Montenegro

Informationen är sammanställd utifrån noggrant utvalda och allmänt tillgängliga informationskällor. Alla använda källor refereras.

Sammanställningen gör inte anspråk på att vara uttömmande och bör inte tillmätas exklusivt bevisvärde i samband med avgörandet av ett enskilt ärende.

Informationen i rapporten återspeglar inte nödvändigtvis Migrationsverkets officiella ståndpunkt i en viss fråga och det finns ingen avsikt att genom rapporten göra politiska ställningstaganden.

2014 Lifos

Efterforskning gällande föräldrar och/eller släktingar

International Committee of the Red Cross. ICRC ( 2011):

[Tracing office]

” SERBIA AND MONTENEGRO

Serbia and Montenegro Red Cross Society Simina 19

11000 BELGRADE e-mail”

Country of Return Information Project. CRI (2009):

Sid. 74

” 4.2.4.Separated children (family tracing services, etc).

This issue in Montenegro is covered by state organs in social care field. Montenegrin Ministry of Labour and Social care organized a network in all Montenegrin cities and this complex problem is in their field of work.”

Barnens situation

United Nations Children’s Fund (UNICEF)

(

2013):

sid. 13

” A November 2011 survey measuring the impact of the campaign reported that it contributed to an 18 per cent increase in the number of people who consider

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Lifos 2014 2 (8) children with disabilities as equal members of society.

Behaviour toward children with disabilities and communication between them and people without disabilities were also seen to improve.”

US Department of Labor (2013):

Sid. 1

“In 2012, Montenegro made a moderate advancement in efforts to eliminate the worst forms of child labor.

The Government adopted the Law on Social and Child Protection; the 2012-2018 National Strategy for Combating Human Trafficking and the corresponding Action Plan for its Accomplishments; and the 2012-2016 Strategy for the Improvement of the Position of Roma and other minorities in Montenegro. However, gaps remain in the areas of laws, policies, and programs. The Criminal Code lacks protections against the use, procurement, or offering of children ages 14 to 18 for the production of pornography. In addition, there are no programs that specifically address the problem of children working on the streets and children involved in forced begging. The worst forms of child labor continue to be found in Montenegro in forced begging and informal work on the streets.”

Humanium (2012):

” Discrimination

Differences in treatment with regard to access to education and to healthcare persist for refugee and disabled children, as well as for those from minority groups.”

---

“Health ---

Access to health services is also limited and inequitable outside of the capital. As such

, Roma, refugee and disabled children are the worst affected.”

---

” Violence towards children

The legality of corporal punishment in the country favours this practice in the family, in institutions, and in the legal and school systems. Moreover, disabled children are very often victims of this current practice.“

---

“Juvenile justice system

While the implementation of legislation and measures adapted for minors is recommended, the laws and procedures applied in Montenegro for children are similar to those for adults.“

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Lifos 2014 3 (8)

Barnhem

Government of Montenegro (2014):

“Numerous efforts have been made towards improving the status of vulnerable groups, such as providing support for the housing of childern from orphanage, home care for children with the most serious dissabilities, assistance in teaching, adapted transport for childern with disabbilities, counseling, expansion of daycare centres network and strengthening the role of foster care, Minister Bošković noted”

Bundesamt für Migration und Flüchtlinge (2013):

sid. 22

“Centre for Social Work supports children without parental care, abused and neglected children, disabled persons, children with behavioral disorders as well as persons incapacitated for work and senior citizens without any income;”

--- Sid. 23

“Support for children without parental care can be implemented through placement in the social welfare institution or in the foster family with appropriate allowance.

CONTACTS

Center for Social Work IV proleterske 18, Podgorica Tel; 020/ 230 563 ; 230 570 jucsr@t-com.me

Branch Offices:

Cetinje 041 231 890 Žabljak 052 361 327 Ulcinj 030 412 205 Bijelo Polje 050 432 024 Plav 051 255 075 Mojkovac 050 472 101 Kolašin 020 865 645 Danilovgrad 020 812 584 Pljevlja 052 301 264 Bar 030 303 492

Children's Home „Mladost“ Bijela Tel; 031 671 043

djecji.dom@t-com.me”

--- sid. 28

“Regarding minority groups, Roma population ought to be

mentioned. When regulating documents, they should firstly ask for help the Center of Social Care, Employment Agency(Bureau of Employment Offices), and then also NGOs dealing with problems of Roma Population UNHCR also takes care of the respect of rights of

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Lifos 2014 4 (8) refugees and displaced persons and provides them different kinds of

support (legal, financial...).”

Save the Children (2013):

” The majority of children in institutions are so-called “social orphans”. Poverty, social marginalization, single-motherhood, chronic illness and the child’s disability are among the main reasons for placement of children in public care institutions. There is still little tradition of setting up alternatives to child institutional care (though a fostering has been supported by SCUK, SCN SEE and some other international organizations). Child institutional care or in best cases alternative family placement, has been perceived as the first rather than the last choice for vulnerable families.”

US Department of State (2013):

Sid. 35

“Institutionalized Children: Inadequate treatment of children with mental disabilities at the Komanski Most institution for persons with disabilities continued to be a problem (see section 6, Persons with Disabilities). Observers criticized authorities for inadequate efforts to deinstitutionalize children with mental disabilities.”

--- Sid. 45

“… Persons were often institutionalized as wards of the state and lived in isolation in outdated and underfunded facilities.

Institutionalization perpetuated stigmatization. Monitoring

conducted by a group of NGOs revealed that conditions improved at the Komanski Most institution for persons with mental disabilities and at the Center for Children and Youth (“Ljubovic”) correctional facility. NGOs noted that authorities continued to ignore some recommendations of the CPT and local NGOs. For example, authorities housed abused and mistreated children together with juvenile delinquents in the Center for Children and Youth

correctional facility. Furthermore, the managers of the center did not remove either of two staff members accused of having intercourse with institutionalized adolescents. The Komanski Most institution lacked qualified staff and clear regulations governing admissions.”

US Department of State (2012)

Sid. 35

“Institutionalized Children: A March report by the ombudsman, regarding the status of persons with disabilities in the orphanage in Bijela, described conditions for children with mental disabilities as inadequate. Problems included overcrowding, and a shortage of professional staff. Accessibility for persons with physical disabilities

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Lifos 2014 5 (8) was also inadequate. In a report on its 2008 visit to the country

released in March 2010, the CPT criticized the treatment of 15 children in the Komanski Most Institution for Persons with Special Needs, where children with mental disabilities were held together with adults in unsanitary conditions and without sufficient

supervision to prevent their mistreatment. Since the visit, authorities have taken a number of steps to respond to these criticisms (see Persons with Disabilities).”

Children Webmag (2008):

“Child care services

There are five youth care institutions, often dealing with mildly or severely disabled youngsters. Bijela boasts one large children’s home, Dom ‘Mladost’, with a whopping 170 children that we would call “normally abled children” between the ages of 0 and 18 years old. This house, which I visited recently, is situated directly on the seafront and basically it is a traditional children’s home with relatively many young children and babies, mostly given up by young mothers…”

Lagstiftning

US Department of Labor (2013):

Sid. 4

“Under the Law on Social and Child Protection, the Government allocated approximately $76 million to the Ministry of Labor and Social Welfare for monthly social assistance, child support, personal disability, institutional care, and the care and assistance of other persons.(13, 25) The impact of these actions on the worst forms of child labor is currently unknown. All social protection programs aim to protect at-risk children from economically disadvantaged families; children with physical, mental and sensory disabilities;

abused and neglected children; orphans; and children with behavioral disorders.(13)”

Save the Children (2011):

“Ratified International Conventions:

(6)

Lifos 2014 6 (8) UNCRC ratified by Bosnia and Herzegovina, Serbia and

Montenegro

Optional Protocols ratified by Bosnia and Herzegovina, Serbia and Montenegro

---

“National Laws for Children

No specific laws on children exist in the region…”

---

“Independent Institution for Children (ombudsperson) ---

Montenegro: Protector of Human Rights and Freedoms with a Deputy Ombudsman for Child Rights”

Country of Return Information Project. CRI (2009):

sid. 75“4.2.5.Orphans1.1.39.State responsibility in orphan care, legal regulation Regarding State responsibility in orphan care, legal framework consists in: Law on Social and Child protection97, then Law for Health Protection and Law for Health Insurance98. The law of social and child protection, in the framework of the government’s strategy for development of Social and Child protection, has a very important role, as a key instrument for orphanage care. Generally the children without parents are protected by this Law and by the Strategy mentioned above (Article 4). The State is responsible for them as long as they are minors. They then have a right to different types of help until they start their first job. These rights are

guaranteed for them if they are citizens of Montenegro, and for others in accordance to international documents and bilateral state agreements (Article 2).”---

Sid. 76

” 1.1.40.Actual access to orphan care and orphanages for returnee children

Legal framework which consists in Law on Social and Child protection, then Law for Health Protection and Law for Health Insurance, clearly shows that the state is responsible for this category of population and all states institutions and measures should be activated in order to provide a normal care for them.99 The access is regulated by the Laws mentioned above.100 If the child is not citizen of Montenegro or does not have citizenship, the issue is solved by International arrangements are bilateral

agreements.

Home for Children without care” Mladost ” Address: Bijela, Herceg Novi

Phone: +382 88 671 033”

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Lifos 2014 7 (8)

Källor

Bundesamt für Migration und Flüchtlinge, Country fact sheet Montenegro, October 2013

https://milo.bamf.de/milop/livelink.exe/fetch/2000/13826954/13826961/138 32302/13967222/Montenegro-

_Country_Fact_Sheet_2013%2C_english.pdf?nodeid=16931357&vernum=

1

Children Webmag, Running a Hotel in Montenegro : Real Jobs for Young People, 2008-02-01

http://www.childrenwebmag.com/articles/international-child-care/running- a-hotel-in-montenegro-real-jobs-for-young-people

Country of Return Information Project. CRI, Country Sheet. Montenegro, 2009-01-31

http://www.ecoi.net/file_upload/470_1258195969_cs-montenegro-en.pdf

Government of Montenegro, Labour and Social Welfare Minister Bošković:

Social and child care reform significant for improving quality of life, 2014- 02-24

http://www.gov.me/en/News/135879/Labour-and-Social-Welfare-Minister- Boskovic-in-Nothern-Ireland-Social-and-child-care-reform-significant-for- improving-quality-of.html

Humanium , Children of Montenegro, November 2012 http://www.humanium.org/en/montenegro/

International Committee of the Red Cross. ICRC, Tracing offices of recognized Red Cross and Red Crescent National Societies, 2011-03-14 http://www.icrc.org/eng/resources/documents/misc/tracing_offices.htm

Save the Children, Children's situation in South East Europe, 2013-04-26 http://resourcecentre.savethechildren.se/start/countries/south-east-europe

Save the Children, Legal Framework, 2011-09-06

http://resourcecentre.savethechildren.se/start/countries/south-east- europe/legal-framework

United Nations Children’s Fund (UNICEF)

,

The state of the world’s children 2013, May 2013

http://www.unicef.org/sowc2013/files/SWCR2013_ENG_Lo_res_24_Apr_

2013.pdf

US Department of Labor, 2012 Findings on the Worst Forms of Child Labor

- Part V: Country Profiles - Montenegro, 2013-09-30

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Lifos 2014 8 (8)

http://www.ecoi.net/file_upload/3714_1385368986_montenegro.pdf

US Department of State, 2012 Country Reports on Human Rights Practices - Montenegro, 2013-04-12

http://www.state.gov/documents/organization/220523.pdf

US Department of State, 2011 Country Reports on Human Rights Practices - Montenegro, 2012-05-24

http://www.state.gov/documents/organization/186596.pdf

References

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