OPENING SPEECH BY THE DEPUTY HEAD OF THE DELEGATION OF THE SLOVAK REPUBLIC, MR FEDOR ROSOCHA, AMBASSADOR, PERMANENT REPRESENTATIVE OF SLOVAKIA TO THE UNITED NATIONS OFFICE AND OTHER INTERNATIONAL ORGANIZATIONS IN GENEVA 72th Session of the Committee on the Rights of the Child Geneva 24 May 2016 Consideration of the Combined third, fourth and fifth periodic report of the Slovak Republic Mr Chairperson, Ladies and gentlemen, The delegation of the Slovak Republic has the honour to present to the Committee on the Rights of the Child the combined periodic report summarising the process of implementation of the Convention on the Rights of the Child in the Slovak Republic. With your permission, I would like to introduce the members of the delegation: Mr Karel Molin, National Coordination Centre for Resolving the Issues of Violence against Children of the Ministry of Labour, Social Affairs and Family of the Slovak Republic, Ms Ildikó Polačeková, Division of Social and Family Policy of the Ministry of Labour, Social Affairs and Family of the Slovak Republic, Mr Kristián Kovács, Division of Social and Family Policy, Ministry of Labour, Social Affairs and Family of the Slovak Republic, Ms Mária Hanusová, Human Rights Department of the Ministry of Foreign and European Affairs of the Slovak Republic, Ms Hana Vermešová, Office of the Minister, Ministry of the Interior of the Slovak Republic, Ms Juliana Bencová, Criminal Police Bureau of the Presidium of the Police Force Mr Peter Domanický, Border and Alien Police Bureau of the Presidium of the Police Force, Ms Mária Bošňáková, Division of State Assistance to Sport and Youth of the Ministry of Education, Science, Research and Sport of the Slovak Republic Ms Eva Tomková, Division of Regional Education of the Ministry of Education, Science, Research and Sport of the Slovak Republic, Mr Róbert Dobrovodský, Legal Division of the Ministry of Justice of the Slovak Republic, Mr Mario Mikloši, Health Division of the Ministry of Health of the Slovak Republic, Mr Ján Hero, Department of Analysis and Regional Coordination of the Office of the Plenipotentiary of the Government of the Slovak Republic for Roma Communities, Mr Igor Kucer, Minister Counsellor, Permanent Mission of the Slovak Republic to the United Nations Office and other International Organisations in Geneva, Mr Jakub Slovák, Third secretary, Permanent Mission of the Slovak Republic to the United Nations Office and other International Organisations in Geneva, Mr Nikolas Sabjan, Intern, Permanent Mission of the Slovak Republic to the United Nations Office and other International Organisations in Geneva, and Ms Henriette Geierová and Ms Jaroslava Perlakiová, the interpreters. I would like to express my confidence that together we will succeed in providing all the required information in a constructive dialogue with the Committee. 1
The Slovak Republic as the state party to the Convention on the Rights of the Child, the Optional Protocol on the sale of children, child prostitution and child pornography, the Optional Protocol on the involvement of children in armed conflict, and the Optional Protocol on a communications procedure, during drafting of which the Slovak Republic carried out the role of the leader and the coordinator, acknowledges its obligations under these international treaties. Their coherent implementation leans not only the Convention s and the Optional Protocols articles per se, but also the Committee s general comments, observations and recommendations. Mr Chairperson, In my opening speech I take the liberty to summarise critical steps taken not only in the period between 2007 and 2012, which is the reference period of the combined periodic report, but also in the subsequent years up to today. I consider inevitable to point out that in the relatively short period since the moment of submitting the combined periodic report in 2013, the Slovak Republic has significantly modified several measurements stated in the report and has taken numerous new ones in order to enhance a complex and effective realisation of the rights of all children in Slovakia. Due to this, some of the information in the periodic report needed to be updated in the reply to the list of issues. Policies At the moment, the crucial interdepartmental tool for fulfilling obligations stemming from the Convention and its Optional Protocols is the National Action Plan for Children for the years 2013 2017 that follows up on the achievements of the preceding national action plan. Its activities are directly intertwined with the provisions of the Convention. The drafting itself incorporated the principle of participation of children and young people as the target group. Monitoring of the action plan s implementation and update procedure are performed by the Committee for Children and Young People, which is one of the advisory committees to the Government Council for Human Rights, National Minorities and Gender Equality, an advisory body of the Government of the Slovak Republic. In 2014 the Government of the Slovak Republic approved and adopted the National Strategy for the Protection of Children against Violence and the formation of the National Coordination Centre for Resolving the Issues of Violence against Children, thus reacting to the necessity to tackle this violation of children s rights by defining and implementing solutions via an interdepartmental and multidisciplinary cooperation. Both policies, as well as their administrators, represent the foundation of the whole implementation framework of the Convention while employing the vital principle of coordination and engagement of the widest possible range of stakeholders, including regional and local self-government and civil society. Respective provisions of the Convention on the Rights of the Child and its optional protocols are reflected upon also in numerous other policies pertaining to socio-legal protection of children, education, health, crime prevention etc. Legislative framework One of the significant steps taken within the legislative framework has been the introduction of the general principle of the interest of the child as the primary consideration in decision-making in all matters concerning them. In this regard a non-exhaustive list of some of the criteria to be considered has been added, among them the child s views, promising an important progress in the realm of hearing and respecting children s views. 2
At this point it is crucial to stress out the amendment of the Code of Criminal Procedure, concerning sensitive questioning of a child as the witness or as the victim, as well as adjusting the previous age limit of 15 years to 18 years of age. In the scope of the child s right to life, survival and health, there has been a significant reiteration of the authorisation of the police officers to order the aggressor from a joint dwelling for 10 days as opposed to previous 48 hours. This amendment is in force as of 1 January 2016, as well as the classification of the repeated commission of a misdemeanour against a close and entrusted person as a criminal offence. Moreover there has also been a change regarding the authority of social and legal protection of children and its competence to enter the home in cases where the condition of the child may not be verified otherwise. Social and legal protection of children The Slovak Republic is pursuing its process of deinstitutionalisation, regarding both legislation and practical measures. In the light of legislation currently in force stating that family constitutes the most appropriate environment for a comprehensive and harmonious development of a child, the Slovak Republic implements steps to improve expert assistance in preserving families. Family environment is preferred to all forms of alternative care. In case of alternative care, the desired order of its forms is stated, while the quality of care provided is being regularly evaluated as well as the possibility of the return of the child into personal care of their parents. Education In the realm of education, legislation has been amended to reinforce the non-discrimination principle with the intention to prevent the interchange of the concepts special educational needs based on health disability and special educational needs arising solely from a socially disadvantaged background. Optional Protocol on the sale of children, child prostitution and child pornography Following the concluding observations of the Committee on the initial report of the Slovak Republic on the implementation of the Optional Protocol on the sale of children, child prostitution and child pornography, the state party has been gradually implementing all necessary implementation measures via interdepartmental cooperation and with the engagement of other entities, such as the Office of the Plenipotentiary of the Government for Roma communities, regional and local selfgovernment bodies, non-governmental organisations, schools and school facilities. Part of the recommendations, including raising awareness about the topic and preventive activities are included in the activities of related policies, such as the National Action Plan for Children, the National Strategy for the Protection of Children against Violence, the Strategy for Crime Prevention and Other Antisocial Activities and the National Action Plan for Combating Trafficking in Human Beings. Within their competences, respective departments carry out educational activities that include the scope of the Optional Protocol. Moreover, measures are being taken also regarding monitoring and early identification of potential child victims, while strong attention is paid to vulnerabilities and risk factors, such as unfavourable economic situation, migration status etc. For the benefit of rights protection and in the interest of child victims of trafficking, members of the police force follow the procedure outlined in a methodological tool. Based on the recommendations of international organisations and entities, the concept of criminal liability of legal persons has been introduced in the Act on Criminal Liability of Legal Persons that will become effective on July 1, 2016. The act introduces direct criminal liability of legal persons for specific criminal offences, including the crime of human trafficking, production, distribution and possession of child pornography. 3
Optional Protocol on the involvement of children in armed conflict Realization of recommendations of the Committee on the Rights of the Child to the initial report of the Slovak Republic on the implementation of the Optional Protocol on the involvement of children in armed conflict is being conducted in a similar mode. With the aim to achieve early identification of children who may have been involved in armed conflicts, the Ministry of the Interior in collaboration with other entities and international organisations implements procedures in line with the asylum policy, international treaties and directives of the European Parliament and of the Council. In recent years, no such case has been detected. With respect to the recommendation to consider enacting domestic legislation on the criminal liability of private military and security services and companies it is notable, that the Slovak Republic has no information about the existence of any private military services. Provision of private security services is regulated by legislation, stipulating 18 years as the minimum age threshold for employees. Methods and means of educating professionals and informing about the issues are similar to those in case of the Optional Protocol 2. Educating professionals Recognising the extensive range of professions and professionals working with children, the Slovak Republic has set it a continuous and long-term task to support educational activities on the provisions of the Convention and its Optional Protocols, methods of interviewing a child, education on child abuse and neglect (CAN) syndrome, and prevention of institutional violence secondary victimisation etc. In relation to independent monitoring mechanisms of children s rights implementation, the Slovak Republic has followed recommendations of the public defender of rights and has taken several legislative and non-legislative measures to enhance the principle of non-discrimination in fulfilling children s rights. Furthermore, the Slovak Republic has adopted the act on the commissioner for children and the commissioner for persons with disabilities and established a distinct entity for monitoring the implementation of children s rights, for handling and investigating complaints from children and in their name. The first commissioner for children was elected by the National Council of the Slovak Republic in November 2015. Non-governmental organisations with a long-standing expertise in the field of children s rights are among significant stakeholders in advocacy, provision of services for children and young people, as well as education of children and adults in general and more specific topics pertaining to children s rights. Following up on the previous period, cooperation of state entities and non-governmental organisations evolves in both policy-making and realisation of particular steps and activities on the local ground. International cooperation The Slovak Republic highly appreciates the opportunity of the international dialogue and cooperation within the United Nations, the Council of Europe and the European Union and welcomes them in enhancing its efforts towards a more effective implementation of the commitments and towards an improvement of lives of all children in Slovakia. Besides the already mentioned ratification of the Optional Protocol on the communications procedure, it is important to point out the accession to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The convention will enter to force for the Slovak Republic as of 1 July 2016. 4
Mr Chairperson, The Slovak Republic is aware of its insufficient progress in other fields, such as integrated data collection, and the method for tracking resources allocated from the state budget for the implementation of children s rights. The delay in this regards should be perceived in the context of currently existing legislative and institutional challenges and incompatibilities which require longterm negotiations and measures. At the same time, it is noteworthy that the Slovak Republic is not hesitant to flexibly respond to the needs stemming from practice, proved by the progress achieved in the period from the submission of the second periodic report to the submission of the combined periodic report, as well as the significant measures taken from the latter submission until today. I speak on behalf of the entire delegation of the Slovak Republic when I say that we are looking forward to an open and constructive dialogue with the focus on the commitments stipulated by the Convention on the Rights of the Child and the interest of the child in particular. I thank you for your attention. 5