Replies to Lists of Issues - CRC - Poland

Reply to List of Issues : Poland. 10/01/95.

. (Reply to List of Issues)

COMMITTEE ON THE RIGHTS OF THE CHILD

WRITTEN REPLIES FROM THE GOVERNMENT OF POLAND
TO THE QUESTIONS RAISED BY THE COMMITTEE IN THE
LIST OF ISSUES (CRC/C.8/WP.4) RELATING TO
THE INITIAL REPORT OF POLAND

Received on 10 January 1995

SUPPLEMENT

TO THE INITIAL REPORT ON THE IMPLEMENTATION OF THE
CONVENTION ON THE RIGHTS OF THE CHILD IN THE
REPUBLIC OF POLAND IN THE YEARS 1991-1992

Answers to additional questions CRC/c/8/Add 11

Re 1
In relation to the reservations made by Poland, adopting of regulations within the internal law is being considered with a view to enabling an adopted person of full access to his/her original birth certificate. If the adoption has taken place upon the biological parents' approval of adoption with no indication of the adopter, such access could be provided subject to permission of the court. No legislative work is being carried with a view to withdrawing other reservations.

Re 2
In 1993 the Government Executive Office approached government agencies and major non-governmental organisations for a review of the progress in implementation of the Convention on the Rights of the Child in Poland.
The following non-governmental organisations have submitted their opinions and reviews:
- the Children's Friends Society (CFS) (letter of 6 April 1993),
- the Committee for the Protection of the Rights of the Child (letter of 13 April 1993),
- the Association for the Convention of the Rights of the Child (letter of 10 May 1993),
- the CFS National Adoption and Guardianship Centre (letter of 27 April 1993).
The report also takes into account some reviews and opinions contained in various conference materials and in other publications, e.g.:
- materials of the conference "Convention on the Rights of the Child and the Polish Law" held at the Seym in 1991, edited by A. Lopatka,
- materials of the conference "The Rights of the Child - the Declaration and Reality" arranged by Corrective Education Institute of the High School for Special Education, 1992,
- collective paper "The Child and Its Rights" edited by E. Czyz, 1992,
- collective paper "The Child in Contemporary Poland" edited by J. Komorowska,
- materials of the Bureau for Studies and Expertise of the Chancellery of the Seym entitled "Observation of Children's Rights in Poland".
The report has been prepared by a government agency and approved by the Council of Ministers.

Re. 3
The question of direct application by internal law of standards set forth in international agreements is controversial in the light of the Polish doctrine. However the judicial practice tends to adopt the rule that provisions of ratified international agreements may be referred to directly in court proceedings.

Re. 4
The text of the Convention on the Rights of the Child was published in the Polish Journal of Law No 120 of 1991, items 526 and 527. It is also included in a number of pamphlets and other publications, e.g. "Children Above All", "The Child and Its Rights", "The Human Rights". Some of those publications were financed by government agencies.
A children's magazine "Pentliczek" has published a colour poster presenting in a form easy to understand by small children their basic rights.
The Polish UNICEF Committee and the Committee for the Protection of the Rights of the Child have supplied publications containing the text of the convention to institutions, associations, organisations and schools on a free of charge basis.
A number of "reports" have been published, showing the results of studies on different problems related to the situation of children and youth in Poland, e.g.:
- "The Analysis of the Situation of Families and Children in Poland - Report 1992", the Polish UNICEF Committee, "Selected Legal and Sociological Issues - the Convention on the Rights of the Child", the Polish UNICEF Committee,
- "The Situation of Children and Youth in Poland (5-10 years) - Report", the Polish Foundation for Children and Youth",

Issues of the protection of the rights of the child are tackled in television programmes fore children, e.g. "Mate wiadomosci DD" (a news magazine for children), "5-10-15" as well as press and TV journalism.

In the years 1993-1994 a number of conferences, symposiums* and discussions were held on different aspects of the implementation of the Convention, e.g. the International Theatre Festival (18-25 September 1994) organised on the fifth anniversary of the Convention of the Rights of the Child by the Polish Centre of the International Association of Children's and Youth Theatres (ASSITEJ) in collaboration with the Ministry of Culture and Art, the Ministry of National Education and the J. Korczak International Association. A concurrent event was the scientific conference on the rights of the child, violence against children and social consequences of such violence; the materials of the conference were published in a book form and the conclusions were discussed in the pedagogical press.

A number of non-governmental organisations were established dealing with the rights of the child and providing assistance to children. Some organisations set up a forum called "The Movement for Children". The purpose of the forum is to conduct nation-wide campaigns aimed to create an institutional system for protection of the rights of the child and to ensure efficient enforcement of the rights.
Propaganda actions are being conducted using custom-made poster series and public television programmes.

Re. 5
During 1991 and 1992 no modifications of school curricula were introduced at the central level. The curricula presently in force were developed in the eighties, with some ad hoc changes resulting from charges of an "excessive burden of encyclopaedic knowledge". On the other hand, a greater degree of freedom allowed to teachers in the development of curricula (ability to implement the teacher's own curricula or to expand the educational content beyond the "minimum curriculum" imposed by the Minister of National Education) enables teachers to enhance the educational process by including issues regarded by the teachers to be important.

Human rights issues are included in the curriculum of the subject "Knowledge of Society". At the primary school level students are acquainted with a catalogue of major rights and freedoms and with organisations dealing with protection of human rights. At the secondary school level students study the problems in more detail, and an emphasis is placed in the curriculum on the specific issues of the rights of the child.

In 1993 the Ministry of National Education recommended for school use the book "Human Rights, International Documents" by B. Growska, T. Jasudowicz and C. Mik, which contains a complete text of the Convention on Human Rights.

Since 1993 the Law Faculty of the Copernicus University in Torun, with financial support from the Ministry of National Education, has organised all-Polish Olympiads of the Knowledge of Human Rights covering issues of the rights of the child. As the winners of the Olympiad are allowed preferential treatment in enrolment in schools for higher education (full or partial exemption from entry examinations, depending on the line of study), it enjoys a growing interest on the part of students.

A school curriculum reform is under preparation. The basic curriculum determining the universal canon of education will include issues from different subjects of study as well as issues considered to be socially desirable yet exceeding the scope of the traditional school subjects. The human rights issues are included in the basic curriculum of the subject "Life in Society".

Re. 6
Training of teachers on the Convention on the Rights of the Child is conducted by the National Centre for Teachers Training in Warsaw which cooperates with similar centre throughout the country. In 1993 two workshop training sessions were held under a programme prepared in consultation with the Helsinki Foundation for Human Rights. In 1994 courses were held for representatives of local teachers' training centres who organise training for the profession and specialise in children's rights protection.

Local teachers' training centres organise workshop training for teachers of different subjects, pedagogues, guardians of student councils, allowing also for the issues of protection of the rights and interests of children and youth.

School superintendents' offices issue special information bulletins with materials from discussions held in education circles, e.g. the School Superintendents' Office in Warsaw organises discussions under the Warsaw Education Forum project and results of such discussions are published in special bulletins. Two discussion meetings concerned the rights of the child and the rights of the student at school.

Judges and court-appointed curators are being acquainted with the provisions of the Convention and the rules of their application under regular occupational training.

Re. 7
As mentioned in the report (para 18 and 19), there are a number of government offices and institutions dealing with the issues included in the Convention on the Rights of the Child. There are also many non-governmental organisations providing support to children and families. According to the Polish UNICEF Committee, their number has reached 1175.
Some of the organisations perform tasks commissioned to them by the government administration. The Government Plenipotentiary for Women and the Family has not been appointed yet, but discussions at the Seym indicate the need to appoint such an official to coordinate and monitor the activities of different institutions. In 1995 the government intends to consider the information on the situation of families and children in the light of reports on implementation of the Convention, in consequence of which decisions could be taken aimed to provide an organisational base for cooperation of all organisations and institutions dealing with the issues.

Re. 8
The Polish legislation complies with the requirements of the Convention. The economic situation of the country prevents expansion of the scope of financial and social assistance to all the families in need.

Information on activities undertaken by the government in order to ensure the implementation of economic, social and cultural rights of children from the most vulnerable groups is provided in para 121-136, 176-190, 239-244 of the report. Under the present economic conditions of the country it is not possible to expand the scope of the benefits provided.

Re. 9
International exchange of information and experiences may contribute to the development of the most effective methods of implementing the Convention. In addition, the cooperation could include mutual provision of services by the Contracting Parties, e.g. legal, medical or educational services.

Re. 10
No National Plan of Action has been adopted in Poland in the field of the rights of the child.

Re. 11
Protection of the unborn child in respect of its right to inheritance and in respect of the ability to claim compensation for damage made prior to its birth applies to all children and is not related to sex, while the lower age limit for girls regarding the capacity to marry (at age 16 subject to court permission) may not be treated as discrimination since a woman of that age acquires all the rights of a major upon contracting a marriage (she becomes legally of full age).

Re. 12
No provisions of the Polish national legislation differentiate the rights of the child depending on sex, religion, nationality, origin etc.

Re. 13
Programmes of educational activities in all types of schools are based on the provisions of the Educational System Act which states, in accordance with the International Convention on the Rights of the Child that "The school should ensure necessary conditions of development to each student and prepare the student for performance of family and civic duties based on the principles of solidarity, democracy, tolerance, justice and freedom". Also the Teacher's Charter Act states that one of the basic duties of teachers is the upbringing of youth "in the spirit of humanism, tolerance, freedom of conscience, social justice" (Art.6).

This is reflected both in the programmes of educational activities prepared by individual schools and in documents of educational authorities. The programmes and documents emphasise the ability to coexist with other children, including sick and disabled ones as well as children from pathological families. As the intensity of the problem varies greatly between pupil groups, the most significant role in this respect is played by programmes and educational influence forms developed by schools or even by individual form masters, aimed to prevent and eliminate discriminating rights.

According to the National Establishment for Hygiene data, in Poland there are 13 children registered as infected with HIV. The children were born by mothers - carriers of the virus. The number of HIV infected children indicates that there are no grounds in Poland for intolerance (discrimination) to grow upon in respect of children - carriers of the HIV virus. On the other hand, the phenomenon of intolerance does exist in respect of infected adults. The phenomenon ensues from a lack of sufficient awareness of AIDS epidemiology. To this end a number of measures are undertaken in order to disseminate among the general public the awareness of the risk of contracting the disease.

As regards protection of children infected with HIV against discrimination, schools have been obligated to ensure education on HIV and AIDS prevention, including the issues of tolerance for HIV victims. Education in the area takes a variety of forms:

- meetings between students and specialists from regional stations for control of epidemics and hygiene promotion,
- competitions on AIDS knowledge,
- retraining of teachers (especially biology teachers) in order to ensure a more efficient study of the problem within the framework of the subject taught,
- training conferences for persons dealing with the problem at school superintendents' offices etc.

Favourable results of the above mentioned activities are reported, especially regarding the formation of proper attitudes among youth to HIV-infected persons and AIDS victims. Research made by the School Medicine Centre of the Mother and Child Institute, based on a representative sample of school children indicates a systematic increase in the percentage of respondents who believe that a child suffering from AIDS should go to school with other (healthy) children (1990 - 54%-, 1994 - 67%). The percentage of pupils who declare they are ready to visit their friends suffering from AIDS is also increasing (1990 - 75%; 1994 - 88%).

In principle, no ethnic conflicts are reported in Poland.

Minor local conflicts between Poles and Gypsies are eliminated in several provinces through implementation of an integration programme. One of its elements is the provision of support, under the "Child of the Street" project, to children of Gypsies who fail to comply with the compulsory education regulations. The project has been under implementation in Zabrze for a year. It includes tasks aimed to make up for backwardness and negligence in development among Gypsy children. Local government funds supported with targeted subsidies from the Ministry of national Education are used to finance sociotherapeutic pre-school classes, winter and summer holiday camps. Participation of Gypsy children in revalidation classes facilitate their access to primary schools.

Re. 14
As regards the way the best interests of the child is taken as a primary consideration in all actions concerning children, the information included in paras 50 to 59 of the report is exhaustive. Relevant legal regulations have not changed recently.

Re. 15
The answer to question 15 is included in the explanations to paras 4 and 6.

Re. 16
"Inadvisability for educational reasons" is evaluated in terms of the general principle of the best interest of the child. In court proceedings it depends on the evaluation by the court of particular circumstances in a case. Such evaluation is largely determined by the pedagogical knowledge of the judge.

Re 17
The proposed amendments of adoption regulations (see the note to question 1) allow, in respect of adoption cases, for the possibility of listening to a child's opinion on matters of importance for the child, e.g. change of first name, irrespective of age, as long as the child has sufficient understanding of the significance of the questions addressed to it.

Re. 18
Both the child itself and each person in possession of information on ill-treatment or brutal corporal punishment of children has the right to give notice of that to the family court or the public prosecutor. On receipt of such information, each of these institutions is obliged undertake measures aimed to determine the actual state of affairs and subsequently the action provided for by law in order to ensure protection of the child.

In Poland there is no system for assistance to maltreated children. The problem is dealt with on an ad hoc manner by some government agencies (e. g. psychological and pedagogical advice centres), but the main bulk of activity is carried on by non-governmental organisations (associations, foundations).

Therefore no mechanisms have been developed to enable monitoring of ill-treatment of children in schools or other institutions. Activities aimed to develop a model for monitoring ill-treatment of children have been undertaken by the "Nobody's Children" Foundation. The Foundation has tackled the establishment of a new institution, the Centre for Assistance to Maltreated Children. There are many indications that the centre will commence its activity in 1995, using the funds of the European Community, Medicine du Monde (Paris), the S. Batory Foundation and the School Superintendents' Office in Warsaw.

The only existing procedure available to children who wish to protest against ill-treatment is the contact with a school pedagogue, a psychological/pedagogical advice centre or with other agencies of the education branch.

Ill-treatment of children in schools should be prevented by parents who are able to participate in determine the type of punishment used in schools. Information about it is contained in para 214 of the Report. Infringement of the regulations may lead to disciplinary punishment of teachers including prohibition to exercise the profession.

Re. 19
No special measures are adopted to promote the physical and psychological recovery of children who are victims of ill-treatment. Individual help can be provided to such children by public health care, psychological/pedagogical advice and other establishments.

Re. 20
Protection of children from harmful influences in the mass media is the main responsibility of parents.
However, owing to the fact that an excessively large number of films are broadcast on TV containing scenes of violence, the National Council for Radio and Television intends to impose limitations in this field. It is proposed that films and other programmes having a harmful influence on the child's mental disposition should be broadcast late at night.

Re. 21
The requirements made to the Contracting States in Art. 5 of the Convention on the Rights of the Child have been fully taken into account in the Polish legal system. The Educational System Act of 7 September 1991 ensures support to parents in providing direction and care to children in a manner consistent with the child's growth, abilities and potentials. At the same time the Act makes the authors of subordinate legislation responsible for adaptation of the contents, methods and organisation of tuition to psychophysical capacity of the child and for ensuring that the child has access to psychological care and specialised teaching methods. The matters are regulated by the following instruments:

- order No 33 of the Minister of National Education dated 6 November 1992 on the outline statutes of the public kindergarten,
- order No 14 of the Minister of National Education dated 19 June 1992 on the outline statutes of public schools for children and youth,
- order No 29 of the Minister of National Education dated 4 October 1993 on the rules for Organisation of care of disabled pupils, their education and integration in common and integration kindergartens, schools and other establishments and Organisation of special education, order No 15 of the Minister of National Education dated 25 May 1993 on the rules for psychological and pedagogical assistance provided to pupils, ordinance of the Minister of National Education dated 11 June 1993 on Organisation and rules of operation of public psychological/pedagogical advice centres and other public advice centres,
- ordinance of the Minister of National Education dated 21 February 1994 on the types, Organisation and rules of operation of public care, guidance and corrective centres, ordinance of the Minister of National Education dated 17 August 1994 on adoption/guardianship centres.

The Ordinance of the Minister of National Education dated 11 June 1993 on Organisation and rules of operation of public psychological/pedagogical advice centres and other public advice centres makes the pedagogical staff of those centres responsible for performance of their statutory tasks also outside the advice centre, including the family environment of the child. According to the ordinance, the advice centres are obliged to provide psychological, pedagogical, logopedic and rehabilitative assistance not only to children and youth but also to parents and guardians of children and youth. Depending on the needs of the environment, also other specialised advice centres to ensure appropriate direction and guidance to children. The ordinance makes is possible to establish advice centres, e.g. targeted at early prevention which ensures correct growth of the child from birth to the age of 6 for children with deviations and developmental disturbances, providing guidance in selection of the school and profession and helping to solve the problems of youth, including young people out of school, out of work, and for gifted children.

The above issues are included in the information provided in paras 152-155 of the Report.

Re. 22
In the Polish educational system there is an advice system in operation composed of:
- school pedagogues and psychologists,
- psychological/pedagogical advice centres,
- adoption/guardianship centres.

In respect of children and youth the school supports the family in its educational functions through teachers and form masters.

The responsibilities of the school pedagogue and psychologist (order No 15 of the Minister of National Education dated 25 May 1993 on the rules for providing psychological and pedagogical assistance to pupils) include activities in the area of family counselling. Moreover, the school pedagogue has been obligated to pay particular attention to appropriate observation by the school or establishment of the provisions of the Convention on the Rights of the Child. The psychological/pedagogical counselling centres operating within the Polish education system employs over 6,600 pedagogues and psychologists (there are 594 counselling centres currently in operation). Separate positions or teams have been set up within the centres (78 such teams have been set up throughout the country) which provide mediation services as part of the assistance rendered to families. Most frequently they are elements of therapy of families in crisis (in the school year 1993/94 help was provided to 7,600 persons).
At parents meetings, through mass media, including in particular local broadcasting stations, the staff of psychological/pedagogical counselling centres informs those interested about the scope of services to the family offered by the establishments. At the central level, the Family Counselling Centre has been established at the Methodical Centre for Psychological and Pedagogical Assistance of Ministry of National Education. Considerable assistance is also provided to families by adoption and guardianship centres (there are 62 such centres operating in the country) set up in order to initiate and support substitute forms of family care and upbringing. They support foster parents and family children's homes as well as inefficient natural families in solving problems resulting from the exercise of care of the child. They also provide various kind of related counselling services and provide pedagogical assistance to natural parents or to candidate foster parents.

Re. 23
The only institution authorised to interfere with family affairs is the Family Relations Court and the only form of protection of the child against violence is in fact the court interference with the institution of parental authority. Other measures taken in order to ensure protection of the child from the above mentioned ill-treatment (within the family) are awareness-building and educating parents by means of appropriate publications, campaigns in the media and through state institutions, e.g. psychological/pedagogical counselling centres and different type of guardianship/child care establishments- emergency child care service, children's homes, centres for social therapy of the youth, prevention and education clubs, educational community centres and non-governmental establishments,. e.g. the Family Counselling Centre of the "Synopsis" Foundation. Non-governmental circles, including the Committee for the Protection of the Rights of the Child, the Popular Movement for Children's Rights, the Kid Society and the "Nobody's Children" Foundation are particularly active in campaigns conducted in the media.

The guardianship court has the right to interfere with the way parental authority is exercised, up to placement of the child within a foster family environment.

A number of measures aimed to ensure observation of the provisions of the Conventions on the Rights of the Child are also taken by the Police.
The activities concern in particular:
- the right of the child to be brought up within a family,
- protection of the child from consequences of pathological phenomena,
- protection of the child from criminal practises of adults,
- the rights of the child offending law by punishable acts.

When parents or guardians clearly neglect their
guardianship or educational responsibilities in respect of children, the Police takes necessary remedial measures.

The addressees of the largest number of requests for improvement of the child care situation are courts dealing with family relations. In 1992, 22,980 such requests and information notices were submitted.

In drastic situations Police officers apply to the family court, requesting a decision to have the child immediately placed in a guardianship/educational establishment.

Very often preventive and educating conversations are held with the children's parents or guardians.

The main purpose of the activity of the Police in preventing social misadaptation of children and youth is the identification, disclosure and elimination of environments conducive to different forms of demoralisation, identification of minors living in such environments and deprived of care, as well as juvenile delinquents.

In 1992, 19,027 minors were identified threatened by demoralisation. 49,771 letters and requests were addressed to different social institutions and organisations responsible for the care and education of children and youth.

Information is exchanged on negative phenomena, situations and individual cases involving the danger of demoralisation.

Control measures are undertaken in public places. Educational guidance is provided, law on family and guardianship relations is popularised. Police officers tackle a number of initiatives for the benefit of children and youth.

According to Art. 19 of the Convention, the Police handles cases concerning rapes and lascivious acts where the victims are juveniles.
Proceedings are conducted concerning cruelty to the family.

Re.24
In the case of divorce of parents or if parents are separated and there is no agreement between them as to the way in which to maintain personal and regular contacts of the child with the parent who lives separately from the child, a relevant decision is made by the court. The execution of such a decision is also subject to the ruling of the court which can use coercive measures (a fine, arrest) in order to ensure compliance with its verdict.

Re.25
The Polish legal system provides for counteracting the abandonment of children. Under the ordinance of the Minister of National Education dated 21 February 1994 on the types, Organisation and rules of operation of public care, guidance and corrective centres, a centre providing comprehensive care is obliged to ensure care (comprehensive or partial) to a juvenile pregnant mother or to a child with its mother.
Government administration agencies and local governments are obliged to ensure medical care to an unborn child and its mother under the Act of 7 January 1993 on family planning, protection of the human foetus and admissibility conditions of abortion.
The Polish social legislation provides for many benefits under social insurance related to the maintenance of the child. These include: the pregnancy benefit, the family allowance, the nursing allowance as well as ad hoc benefits under social assistance programmes. On of the important social benefits is the support from the Alimony Fund, being a source from which the state helps persons unable to obtain awarded alimony dues by way of execution of a court judgement.
Also the obligation to pay alimony under the legal provisions of the Family and Guardianship Code (Art. 128-144) may prevent and reduce child abandonment and ensure suitable living conditions to the child.
No special programmes have been developed in Poland aimed to prevent and reduce child abandonment.

Re. 26
Single parents living with their children may use the services of nurseries, kindergartens, school day rooms and community clubs. These establishments provide care and guardianship services.
In the case of child-rearing difficulties assistance is provided to parents by psychological/pedagogical advice centres, family counselling centres and other counselling centres operated by government administration agencies and non-governmental organisations.
Information of parental counselling services is included in paras 210, 212 of the Report and in answers to questions 21 and 2.
Single parents living with their children are also entitled to benefits under social insurance and social assistance schemes.
Social insurance benefits:
- dependents' pension: payable to eligible family members after the insured's death (a child to the age of 16 or longer if education is continued),
- child-rearing allowance: payable to an employee on child-rearing leave (3 years) taken to provide care to a child under 4 years of age; the allowance is payable for 24 months or 36 months and at a higher rate in the case of single parents.
Social assistance benefits:

Provided under general conditions specified in the Social Assistance Act. As the financial standing of single parents living with their children is usually more difficult, they are relatively more likely to meet the eligibility conditions.
Single women living with their children and being in a difficult financial situation are paid money benefits (under the maternity protection scheme) at a level related to income level. In the case of a lack of maintenance sources a maximum allowance is due, payable no more than four times, and if an income is reached the allowance is the difference between the amount of the lowest retirement pension and the amount of income obtained. In addition, the child is granted a one-time allowance. All the benefits are available to women from the 8th month of pregnancy until the child is 2 months old. In 1993 this type of assistance was provided to 81,037 women.
Social assistance homes, including homes for single women with juvenile children are operated at the local and supralocal level by communes, provincial authorities, religious unions, non-governmental organisations, corporations and individuals.

Re. 27 and 28
The information provided in the initial report on the implementation in the Republic of Poland of the Convention on the Rights of the Child in the years 1991-1992, chapter VII, Family Environment and Alternative Care, covering the issues of family care and fosterage (e.g. foster families, family children's homes, adoption families) was based on the legal regulations then in force. The legal acts introduced last and this year take into account the provisions of the Convention on the Rights of the Child concerning fosterage and child-rearing within a family. These are:
1) the ordinance of the Council of Ministers dated 21 October 1993, concerning foster families,.
2) the ordinance of the Minister of National Education dated 17 August 1993, concerning adoption and guardianship centres,
3) the ordinance of the Minister of National Education dated 21 February 1993 on the types, Organisation and rules of operation of public care, guidance and corrective centres.
In order to initiate and support substitute forms of family care and guardianship adoption and guardianship centres are established under the a/m ordinance, which are specialised establishments of a diagnostic and consulting nature. The ordinance also identifies entities authorised to establish and operate adoption and guardianship centres as well as their operating rules. These could be centres organised by government agencies (e.g. operated by school superintendents' offices at the regional and supraregional level) and by non-governmental organisations (e.g. churches or associations registered in Poland, whose statutory activities include the provision of assistance to children and the family). Non-governmental centres may be established provided that their leading body ensures a full guarantee of proper performance of such tasks. So far 37 governmental and 25 non-governmental centres have been registered according to the new rules. The main tasks of adoption and guardianship centres include first of all:
1) attracting and eligibility testing of persons who declare readiness to provide substitute family care in the form of: adoption, foster family, family children's home, and selection of children for upbringing in a foster family environment,
2) notification of the guardianship court about circumstances justifying ex officio institution of proceedings concerning the appointment of a guardian,
3) requests the placement of a child within a foster family environment,
4) assistance in regulating the legal status of children who are awaiting an opportunity for placement in a foster
family environment.

Besides, the above mentioned centres provide counselling services to adopters and foster parents, children's homes and family guardians, and offer mediation services in adoption procedures which mainly consist in the selection of the child and parents for adoption and preparation of documentation necessary for the issue of an adoption order by the court. The ordinance on the adoption and guardianship centres emphasises the social nature of the adoption process and greatly expands the group of entities entitled to run such centres, which guarantees better selection of the child and family (the strict rule being the selection of parents for the child - never vice-versa). What additionally warrants proper selection of the family are professional qualifications of the persons responsible for the process. In practice the following procedure is used:

The school superintendent appoints, within his jurisdiction, a centre which operates a data bank on children and candidate guardians and foster families. The centre:
- mediates in the procurement of candidate foster parents and adopters in the province,
- safeguards the observation of the 3 month limit allowed for identification of candidate foster families for the child within its operating zone,
- after 3 months, conveys the information to the central data bank operated by the Public Adoption and Guardianship Centre in Warsaw (75, Nowogrodzka St.),
- mediates in the procurement of candidate adopters or foster parents in the country,
- after 3 months of futile inquiries, qualifies the child for foreign adoption (as the only centre in Poland authorised to do so),
- cooperates with licensed adoption organisations/centres in other countries to prepare Polish children for foreign adoption.

Respecting the provisions of Art. 21 of the Convention on the Rights of the Child, intercountry adoption is treated in a special way - as a substitute means of care of an orphan child, which enables it to be brought up in a family environment in a situation where it cannot be placed in an adoptive or foster family in Poland, i.e. It is the only opportunity for bringing up the child in a family. The intercountry adoption procedure itself is specified in great detail by the Polish regulations. Thus:
1. Adoptive parent candidates from outside Poland must hold recommendations of a licensed Organisation or a competent government agency (a adoptive centre) in their home country. Only then can their proposal be filed with one of two centres authorised for cooperation with foreign centres. The proposals are subsequently considered by qualification committees working in each authorised centre, which preselect parents for the child, having particularly in mind its best interest and its needs.
2. If the proposal is accepted, the future parents may establish contact with the child. At that stage they are provided with all information on the child.
3. When a favourable opinion has been given by the centre on the selection of the family for the child, the centre takes action to prepare documents required by the court for intercountry adoption.
4. Notice of the adoption of a Polish child by a foreign family is then given to the Organisation or government agency which has recommended the candidate adoptive family (in 1993 courts issued 2810 adoption orders including 704 intercountry adoptions).

Modification of the adoption provisions is planned designed to introduce obligatory verification in the course of court proceedings to make sure whether adoption of the juvenile is indeed impossible without changing the child's country of residence. Moreover, the introduction of provisions is contemplated under which prior to the issue of an adoption order a child would have to be placed in a pre-adoptive family in order to ensure practical assessment of mutual relations.

Regarding foster families, that are treated in Poland as the most beneficial form of care of a child deprived of the natural family, in terms of the best interest of the child, the above mentioned ordinance on foster families, dated 21 October 1993, regulates the questions of selection of such families (effected by court decision and by an agreement between the school superintendent and the foster family). Foster families provide a home to children who may not be adopted due to legal obstacles (the parents have not been deprived of their parental authority) or age (older children). Each year about 2000 children are placed in newly established foster families under court orders or a trust agreement. Thus:

in 1991, 29,198 foster families took care of 37,591 children;

in 1992, 30,113 foster families took care of 38,650 children;

in 1993, 31,950 foster families took care of 40,788 children.

The foster family function can be entrusted to a married couple or an unmarried person subject to compliance with the requirements specified in Art. 73 of the Education System Act of 7 September 1991. It is also assumed that:

- priority in selection of foster family is given to families related to the children or indicated by their parents;
- siblings should be placed in one foster family;
- there should be an appropriate age difference between the foster family and the juvenile
- this reservation does not apply when the foster family function is entrusted to a juvenile's siblings;
- the placement of a juvenile over 13 years of age is subject to his or her consent;
- candidates wishing to provide the foster family function to children with permanent disability, children who need nursing or those with other disturbances which require specialised assistance should have the necessary qualifications to exercise care of such children.
The use of the proposed family selection requirements should largely reduce the risk of unsuccessful foster families. By undertaking the measures designed to place children with developmental disturbances and children with social adaptation problems in foster families having the necessary qualifications and to provide or organise specialised assistance, the requirement is implemented of gradual reduction of the number of children placed in institutionalised child care environments in favour of popularisation of substitute family environments (irrespective of the health condition or development level of the child). The above mentioned act also provides for the placement in foster families of children under 2 years of age pending adoption. Financial assistance is provided to children placed in foster families to partly cover the related maintenance costs. Currently the allowance is equal to 40% of the average monthly wage in the country. In the case of children under 2 years of age and children with developmental disturbances and with social adaptation problems the amount is higher and reaches 100% of the average monthly wage, which ensures a greater possibility of procuring foster families for such children, and consequently better development conditions in those families. By virtue of law foster families are entitled to pedagogical, legal and financial assistance of the state and remain under its continuous control. The foster family function is performed free of charge, but after the conclusion of the financial assistance agreement the school superintendent pays a one-time allowance of 190% of the average monthly wage.
It is expected that during the first year after the ordinance on foster families of 21 October 1993 comes into force there will be a considerable increase in the number of families providing fosterage to children under the age of 2 and who now live in children's homes until adoption formalities are completed.

The existing legal regulations consider family children's homes as care and guidance centres (the ordinance of the Minister of National Education dated 21 February 1994 on the types, Organisation and rules of operation of public care, guidance and corrective establishments), but they are centres of special type. Their purpose is to ensure that foster children, especially siblings, are provided with care and guardianship conditions similar to those existing in a natural numerous family, as such families usually bring up 6 to 12 children of different age. Their basic task is to provide a family climate, durable emotional links and a sense of stability to the orphan child. Presently there are 132 family children's homes in 42 provinces, where care is taken of 786 foster children.

In search for new model solutions for the orphan child care system a draft concept has been prepared of contract foster families. Such families, duly classified and qualified would be paid remuneration for the performance of the foster family function. The Government of Poland, being of the opinion that in future contract families will become an irreplaceable alternative for the placement of children in comprehensive care centres, promotes in its activities family forms of care and guardianship of the orphan child.

Re. 29
The proportion in the GDP of the budget allocated to health care in the recent five years was as follows:
1990- 4.57
1991- 4.71
1992- 4.95
1993- 4.58
1994- 4.36

The plans for 1995 anticipate a share of 4.46%.
Thus the per capita health care expenditure was as follows (in US$):

1990- 71
1991- 95.8
1992- 108.1
1993- 102.1
1994- 103.9
According to the budget plan for 1995, the per capita expenditure is to reach US$ 113.3.

The way the budget is structured makes it impossible present a strict relationship between expenditures allocated to curative and preventive health programmes. Public entities of the health sector are financed from the central budget from which funds are transferred to provide for their current expenditure. The expenditure includes both curative and preventive health programmes. Heads of individual entities determine the hierarchy of expenditure necessary under the specific circumstances resulting from the needs of the local population.

Currently it is only possible to review the financial expenditure allocated to the implementation of health policy campaigns and programmes. Funds for this purpose are allocated by the Ministry of Health and Social Welfare.

In 1993 a total of PLZ 790,700m was appropriated for the implementation of such programmes while PLZ 92,473m was appropriated for preventive health programmes exclusively for children. Similarly, in 1994 a total of PLZ 1,429,215m was allocated to the implementation of health policy programmes, of which PLZ 131,400m was earmarked for programmes in the children's group. The proportion of funds allocated to health policy programmes in the children's group reached 17.7% in 1993 and 9.2% in 1994.

Health policy programmes in the children's group included screening for hypothyreosis and phenylketonuria, popularisation of a programme designed to promote beast-feeding etc. It must be emphasised that children also benefited from other funds earmarked for the implementation of programmes covering the entire population. A number of preventive measures are financed from other funds (not included in health policy programmes), e.g. free of charge preventive vaccination (all children are covered in accordance with the vaccination schedule), medical protection of pupils includes mainly prevention).

As already stated, our part of the Report on the implementation of the Convention on the rights of the child, health care (both curative and preventive) is provided free of charge by public health care establishments.

Re. 30
Activities designed to improve the situation of disabled persons (also children) are included in the current tasks of the Government Programme of Activity for Disabled Persons. According to the recommendation set forth in the Programme, pointing out that it is necessary "to verify the existing legal acts which do not comply in their contents, scope and proposed solutions with the needs of the disabled persons' environment and to initiate their amendment", initiatives are undertaken aimed to introduce solutions which facilitate the access of disabled persons to education, training and preparation for employment. Access to health care, as we have previously explained, is provided in a sufficient degree.

Accessibility of recreation to disabled children and their families is improving. This is effected by organising rehabilitation and training vacation centres and integration camps for the youth, mostly organised by non-governmental associations and institutions, commissioned and financed by ministries concerned, e.g. the Ministry of Health and Social Welfare.

In order to ensure early detection of developmental impairments in children, preparation of a system has started (scheduled for implementation in 1995) for the training of neonatologists and paediatricians, including training materials on the subject. It is assumed that children with recognised developmental disturbances and disabilities will undergo rehabilitation already during infancy in early intervention centres organised by public health care establishments and non-governmental organisations.

Recent research in Poland indicates that about 20% of children of school age suffer from serious health problems which hamper their education process in schools, of whom about 3% are pupils with the most severe health problems participating in special education programmes.

Training of disabled children is regulated by the Education System Act of 7 September 1991 and order No 29 of the Minister of National Education dated 4 October 1993 on the rules for Organisation of care of disabled pupils, their education and integration in common and integration kindergartens, schools and other establishments and Organisation of special education, which is in fact the implementation of Art. 22 para 2 item 9 of the said Act. Disabled children undergo kindergarten education at the age of 3-6 years, as are their healthy colleagues of the same age. At age 6 they have the right to undergo one-year pre-school preparation. Under the a/m ordinance, pre-school education is available up to the age of 10 to children who are not able start school education at 7 due to health condition or the type of disability. In the case "of disabled children, compulsory education starts at the age of 7, as with all the other children and must be continued until the child leaves the primary school, but not longer than the end of the school year falling in the calendar year of the child's 17th birthday. The ordinance provides to disabled children the opportunity to continue education in a primary school until the 21st birthday, and in schools of a higher level until the 24th birthday. Under the ordinance the following special units are organised for disabled children and youth:
- pre-school classes and school classes in kindergartens and general schools,
- pre-school classes and school classes in health care establishments and social assistance homes,
- kindergartens,
- primary schools,
- schools preparing for employment (designed mainly for
the youth with moderate and significant mental impairments and with linked disabilities),
- vocational training schools,
- secondary schools (technical and grammar schools)
- colleges,
- individual tuition and education organised at the residence of the child who due to a dysfunction of a limb or a chronic disease cannot attend pre-school or school classes, temporarily or permanently.
- integration kindergarten and school classes,
- integration kindergartens and schools,
- tuition and education centres (boarding schools and kindergartens for children who, for different reasons, cannot go to school or kindergarten in the place of residence),
- educational groups in boarding schools and dormitories, - extracurricular educational classes organised in health care establishments.

The above mentioned special forms of training and education are organised for children and youth:
- with slight mental disability,
- with moderate and significant mental disability,
- deaf,
- hard of hearing,
- blind,
- dim-sighted,
- chronically sick,
- with a motor disability,
- with social adaptation problems, threatened by addiction, with behavioural disorders, -with linked disabilities.

The number of disabled children in special kindergarten and school classes is much lower, than in generally accessible schools, depending on the type and degree of disability (6 to 12 pupils). In the case of children with linked disability the number is smaller by 2 pupils. In integration classes the number of pupils is 15 to 20, including 3 to 5 disabled pupils.

In order to ensure full development and integration with the contemporaries to children and youth undergoing individual tuition, part of their classes are organised in the kindergarten or school. Great significance is also attached to vocational training of disabled youth, their integration with healthy contemporaries and to preparation for full participation in the adult life. Practical preparation for employment is a significant contribution in this respect, effected in special and general vocational school workshops and in different employment establishments - from protected work establishments, disabled persons' cooperatives, to ordinary manufacturing plants. Practical vocational training is supervised by the vocational training school of the disabled person, which ensures reaching highly beneficial and measurable results in the process of early social/vocational adaptation. Vocational training of disabled students is aimed at providing an opportunity to develop vocational skills suitable for their psychophysical abilities in trades for which there is demand in the labour market. Disabled students are given some preferences in undertaking education in schools above the primary level. Candidates who submit a qualification opinion of a public specialised counselling centre enjoy priority in access to vocational training schools and to secondary schools, having passed entry examinations. In justified cases, disabled students may take examinations (written and oral - for the secondary school certificate) in a separate room or at the student's home in a manner adapted to his or her speaking, writing or movement ability. On the basis of a written request from the counselling centre the primary school teacher should adjust the knowledge and skill requirements for the subject taught to the abilities of the pupil who suffers from developmental deficiencies which prevent the pupil from meeting the programme requirements of the subject.

Communication obstacles facing disabled pupils in the process of compulsory education or additional difficulties resulting from the sparse network of special schools are compensated by the state by free travel on collective public transport from the place of residence or place of stay to kindergarten, school, care and guardianship centre or rehabilitation/treatment centre and back. This facility also applies to the parents (guardians) of the disabled child. In addition, parents of children who stay at special training and education centres only make a partial contribution towards their maintenance costs. School handbooks are provided free of charge to disabled pupils under special education programmes. During holidays they can participate in various forms of rehabilitation organised by different non-governmental entities (e.g. the Polish Scouts' Association, the Polish Association of the Deaf, the Polish Forum for Disabled and Special Care Persons and others). The Government of Poland appropriates considerable amounts for the purpose from the state budget. Work is currently in progress on legal regulation of revalidation and education of children and youth with severe mental disability. Tasks related to health care of disabled children and youth and early diagnosis if developmental disorders are supervised by the Minister of Health and Social Welfare under government projects.

Re. 31
Benefits under the social insurance system, other than the benefits listed in the answer to question 26:
- family allowance: payable to all the insured groups for a child under the age of 16, or older if education is continued; the allowances are also payable for children of the unemployed who are no longer eligible for the unemployment benefit,
- nursing allowance: payable for a child for whom a family allowance is received if the child needs continuous care for health reasons of has been recognised as a group 11 disabled person (children over 16 years of age),
- child-rearing allowance: payable to an employee on child-rearing leave (3 years) taken to provide care to a child under 4 years of age; the allowance is payable for 24 months or 36 months and at a higher rate in the case of single parents; in the case of care of a disabled child the leave and allowance are extended to 72 months,
- the child care allowance is payable to an employee relieved from the obligation to carry on work due to the need to provide care to a healthy child under the age of 8 (in strictly specified situations) or to a sick child under the age of 14 - the allowance is available for up to 60 days in a year,
- the maternity benefit is payable for 16 weeks after the first child-birth, for 18 weeks after the second and subsequent child-births, 26 weeks if more than one child is born; in additional a one-time birth benefit is paid to the insured when a child is born.
Social assistance benefits
The objective of the social assistance system is to satisfy the elementary needs of persons and families and to enable them to live in conditions compatible with human dignity. The Social Assistance Act assumes that the primary addressee of support is the family, thus all activities should be planned in such a way as to reinforce its proper functioning.
Under the rules set forth in the Social Assistance Act, social assistance is provided to persons and families on grounds of poverty, orphanage, homelessness, need to protect maternity, sickness, helplessness in care and guardianship matters, especially in the case of incomplete or numerous families, alcoholism, drug addiction.

Benefits under the social assistance scheme are available to a person or family who has no source of income or whose per capita income does not exceed the lowest retirement pension, provided that at least two of the above mentioned circumstances exist.
- permanent benefit, a person permanently unable to work due to old age or disability, having no source of income or whose per capita income does not exceed the lowest retirement pension, who gives up work in order to bring up a disabled child requiring permanent care and nursing,
- additional allowance to the permanent benefit: payable, among other situations, to a pregnant woman starting from the 18th month of pregnancy,
- temporary benefit: the per capita income in the family does not exceed the lowest retirement pension, the income and existing savings are insufficient to temporarily meet the elementary needs; the eligibility period is based on the circumstances of each case,
- targeted benefit - designed to meet a specific need (costs of medical treatment, holiday recreation, purchase of fuel, repair, purchase of clothing, household equipment); the amount varies depending of the need to be met.
Pregnant women or single women living with their children and being in a difficult living situation receive money benefits related to income level. In the case of a lack maintenance sources a maximum allowance is payable (no more than four times), and if an income is reached the allowance is the difference between the amount of the lowest retirement pension and the amount of income obtained. In addition, the child is granted a one-time allowance. All the benefits are available to women from the 8th month of pregnancy until the child is 2 months old.
In addition to money benefits the Act provides for a number of non-financial forms of assistance, such as: social work, legal, psychological and pedagogical counselling.

Re. 32
a) A juvenile may not be deprived of liberty other than by a court order. One exception is detention by the police in a police child centre for up to 48 hours if the juvenile is suspected to have committed an act prohibited by the criminal law.

b) A juvenile suspected of a criminal offence may be placed by a juvenile court in a youth custody centre. Both the detention in the custody centre and the duration of such detention is subject to court control. If it is proved in court proceedings that the juvenile has committed a criminal act, the court may issue a correctional detention centre order, i.e. place the juvenile in a correctional institution for juveniles only. The duration of stay in the centre depends on the progress of the correction process.

c) In court proceedings a juvenile has an unrestricted right to use the assistance of an advocate. Appointment of a counsel for the defence of a juvenile placed in a youth custody centre is compulsory. The appointment is the responsibility of the court conducting the proceedings. If the court expects that a correctional centre order will be issued, the participation in the proceedings of a counsel for the defence is obligatory. The juvenile is a party to the judicial proceedings. Both the juvenile and his/her counsel and statutory representative (parents, guardian) may appeal against court decisions concerning the deprivation of the juvenile of liberty, and file petitions for amendment or reversal of measures adopted in respect of the juvenile. The said appeals and petitions are considered by the court.

d) Under the Act on proceedings concerning cases involving juveniles the juvenile has a statutory right to complain against actions which infringe on his/her rights. A juvenile who has been found guilty of a criminal offence may be placed in a youth detention centre. Being a form of isolation, the purpose of the decision to place the juvenile in such an institution is to promote reintegration through pedagogical influence and education, including vocational training.

Eventually, such measures should lead to full reintegration of the juvenile.

The reintegration process is conducted in the institution by pedagogues and psychologists. Supervision over the institution is exercised, among other parties, by an appointed judge for family cases to whom the juvenile may directly convey information on any infringements of his/her rights.

e) Process guarantees ensured to the juvenile alleged as or accused of having infringed the penal law comply with the requirements of Art. 40 of the Convention.
The Police, having a direct contact with juvenile offenders, is particularly obliged to observe the provisions set forth in the a/m article and the provisions are indeed observed in practice.

In exceptional cases juvenile offenders are placed in Police Child Centres where qualified pedagogical staff provides care, creates a suitable educational climate and carries out an in-depth analysis of the juvenile's situation (in terms of care and guardianship available to the child) and undertakes measures in order to improve the situation.

According to the intention of the Act on proceedings in cases concerning juveniles, the current practice is that juveniles are detained only if it is absolutely necessary and the detention time is minimised.

In 1992, 15,779 juveniles stayed in such establishments, including 857 lost children.

f) Mediation as an extra-judicial way to solve a conflict between the juvenile and the harmed person is foreign to the Polish legal system and no legislative work is currently under way to introduce this institution.

Re. 33
The Act does not define the term "demoralisation" and it only mentions some examples of it, such as: negligence in the fulfilment of the compulsory education requirement, alcoholic and drug abuse, prostitution, vagrancy. Also the commitment by a juvenile under 13 years of age of an act prohibited by the penal law is regarded as a symptom of demoralisation. In the case of a juvenile regarded by the court to be demoralised, educational or curative measures can be used, such as supervision by a court-appointed guardian, instruction to observe a specific line of behaviour, enrolment in a development centre for juvenile wards of court etc.

Re. 34
Working hours of juveniles under 16 years of age may not exceed 6 hours a day, or 8 hours in the case of juveniles between 16 and 18 years of age. The weekly working time limit, including school lessons, may not exceed 36 hours a week.

A juvenile may not work overtime or at night-time. A break in a juvenile's work, including the night-time hours, may not be shorter than 14 continuous hours.

Special conditions of juvenile employment:

Under the ordinance of the council of Ministers dated 1 December 1990 (para 36 of the report), juveniles may not be employed for work involving:
a) excessive physical effort, transport of heavy objects or a strained position of the body;
b) noxious microclimate of the work environment;
c) incorrect lighting;
d) noise and vibrations;
e) the presence of magnetic and electrostatic fields and exposure to ionising, ultraviolet and infrared radiation;
f) increased or reduced pressure conditions;
g) exposure to harmful effect of dust;
h) contact with harmful biological agents;
i) exposure to harmful chemicals;
j) risk of disturbance of correct physical development;
k) traumatic effect on juveniles and danger to other persons.

Detailed information is available for the above mentioned types of work prohibited to juveniles, concerning the types of risk, safety standards applicable to juveniles, e.g. for lifting heavy objects, work under specified temperatures, noise levels etc.

The law permits the employment of juveniles over 16 years of age for some of the prohibited types of work only if it is a necessary component of vocational training, provided that such work is included in the apprenticeship programme. However, the employment may not be permanent and should be limited to the acquaintance of juveniles with basic operations necessary to perform a job. Work carried on by juveniles under such conditions is subject to special protection. In such cases employers are obliged to organise the work and activities of juveniles to ensure constant supervision of a responsible person, e.g. a trade teacher, an instructor etc.

In addition, employers must ensure that during breaks in work juveniles may rest in premises suitably protected from the effect of noxious factors present at the given work station.

Employers are obliged to make sure that juveniles use proper protective clothing and personal safety equipment, and to instruct them on industrial safety requirements and efficient use of personal safety equipment.

Re. 35
To ensure supervision and control of the observation of the labour law, especially the regulations and principles of industrial safety the State Inspectorate of Labour was established under the Act of 6 March 1981 (consolidated text published in the Journal of Law No 54, item 276 of 1985 as subsequently amended). The Inspectorate's responsibilities include the examination of compliance with the provisions of labour law in respect of working juveniles. Regretfully, neither the State Inspectorate of Labour nor the Ministry of Labour and Social Policy is in possession of relevant information concerning the work of children in the informal sector, which practice is relatively new in Poland. Therefore it is not possible to answer this question.

Re.36
Preventing and combating of situation of exploitation of children is effected by the use of applicable provisions of the penal law or the law concerning family relations (if the abuse is committed by parents).

According to the law in force, the sale and illicit production of drugs is punishable in Poland. Also inducing juveniles by adults to take intoxicants is liable to punishment. Last April Poland ratified the UN convention on combating illicit trade in narcotics and psychotropic agents. Pursuant to the content of the convention, the Ministry of Health and Social Welfare developed a draft amendment of the Drug Combating Act taking into account punishability of illicit drug possession.

Activities designed to prevent and combat drug addiction are carried on within the health sector by the Drug Addiction Bureau. Its tasks are implemented by:
- supporting (financing) programmes teaching children and youth how to constructively solve difficult situations,
- supporting environments conducive to creation of optimum development conditions,
- minimisation of the effects of social pathology, especially risks resulting from the use of psychoactive agents.

The above mentioned tasks include preventive and educational programmes implemented throughout the country, whose basic goal is to prepare children and youth for correct adaptation to the social environment, enhance their opportunities by a creative and active search for their individual lines of development. For this purpose, a variety of
therapeutic development, psychoeducational and correctional classes are organised, as well as support groups targeted at sociotherapy, prevention and reintegration of children and youth from malfunctioning families. Activities in favour of children are carried on in clubs, schools, consultation and rehabilitation centres. Great attention is attached to creation of integrated youth groups capable of independently affecting their contemporaries regarding correct identification of life objectives and values and awareness building concerning the right to live in dignity.

In addition to implementation of prevention programmes intended to have a direct impact, the Drug Addiction Bureau supports training programmes designed to improve the skills of persons having a direct working contact with children and youth exposed to the risk of drug addiction. Information and publishing activities are also carried on with a view to educating the public on the harmful effect of drug addiction and its mechanism.

Under the Education System Act of 7 September 1991 and the Drug Prevention Act of 31 January 1985, primary and higher-level schools were obliged to counteract any manifestations of social adaptation problems among pupils and to refer children and youth at risk to institutions responsible for provision of suitable support (e.g. the school pedagogue or psychologist, and to institutions operating within the Polish psychological and pedagogical counselling system. In the field of prevention of drug addition among children and youth information, educational and preventive measures are undertaken. The measures involve e.g.:

- alleviation of pathological effects in parents resulting from addiction,
- organising psychological and pedagogical assistance for children and youth exposed to addiction risk,
- preparation of specialists and training methods for prevention activities,
- publishing activities aimed to facilitate the implementation of the addiction prevention programme.

Re. 37
The Ministry of National Education has instructed each school superintendents' office to systematically analyse the volume and symptoms of the risk of social adaptation problems within their operating zones, with particular regard to the volume of alcoholic and drug addiction. The analysis provides a basis for organisational and professional measures aimed to held addicted children and youth (e.g. psychological and pedagogical assistance). Such activities are carried on by:

- social therapy groups.
- therapeutic classes,
- social therapy centres,
- therapeutic clubs, etc.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland