Dziennik Ustaw (Journal of Laws) 
no. 6, Item 69

LAW
of 6 January 2000
on the Ombudsman for Children

Article 1.1. The Ombudsman for Children is hereby constituted.

2. The Ombudsman for Children, hereinafter called the Ombudsman, shall guard the rights of the child defined in the Constitution of the Republic of Poland, the Convention on the Rights of the Child and other rules of law, with the responsibilities, rights and duties of parents being respected.

3. In exercising his powers the Ombudsman shall be guided by the interest of the child and shall take into account the fact that the natural milieu for the child’s development is the family.

Article 2.1. In the understanding of the Law a child is every human creature, from conception to the coming of age.

2. The coming of age is defined by separate provisions.

Article 3.1. The Ombudsman shall undertake, in a manner defined in this Law, actions aimed at ensuring the child a full and harmonious development while respecting the child’s dignity and subjectivity.

2. The Ombudsman shall act in favour of protection of the rights of the child, and in particular:

    1. the right to life and health protection,

    2. the right to be brought up in the family,

    3. the right to decent social conditions,

    4. the right to education.

 

3. The Ombudsman shall undertake actions aimed at protecting the child against violence, cruelty, exploitation, depravity, neglect and any other evil treatment.

4. The Ombudsman shall extend special care and assistance to handicapped children.

Article 4.1. The Ombudsman shall be appointed by the Sejm, with the approval of the Senate, upon the motion of the Marshal of the Sejm, the Marshal of the Senate, a group of at least 15 deputies or ate least 15 senators.

2. A detailed procedure for proposing candidates for the Ombudsman is defined by a resolution of the Sejm.

3. The Sejm’s resolution concerning the appointment of the Ombudsman shall be sent without delay by the Marshal of the Sejm to the Marshal of the Senate.

4. The Senate shall adopt a resolution expressing the consent to the appointment of the Ombudsman within one month from the receipt of a resolution of the Sejm referred to in Paragraph 3. Failure of the Senate to pass the resolution within one month shall be considered as expression of the consent.

5. If the Senate does not consent to the appointment of the Ombudsman, the Sejm shall appoint another person for that position. The provisions of Paragraph 1-4 shall apply as appropriate.

6. The Ombudsman in office until now shall perform his duties until the taking of oath by the new Ombudsman, subject to Article 8, Paragraph 1.

Article 5. Prior to proceeding to perform his duties the Ombudsman shall take an oath before the Sejm to the effect as follows:

“I solemnly swear that in performing the duties of the Ombudsman for Children’s Rights entrusted to me I shall be true to the Constitution of the Republic of Poland, shall guard the rights of the child taking into consideration the rules of law, the interest of the child and the interest of the family. I swear that I shall perform the duties entrusted to me in an unbiased manner, with utmost conscientiousness and diligence, I shall safeguard the dignity of the position entrusted to me and keep state and official secrets.”

The taking of oath may be complemented by the additional sentence: “So help me God”.

Article 6.1. The term of office of the Ombudsman shall be 5 years counting from the date of taking the oath before the Sejm.

2. The term of office of the Ombudsman shall expire in the event of his death or dismissal.

3. The same person may not perform the function of the Ombudsman for more than two terms of office.

Article 7.1. The Ombudsman shall be independent in his activities from other state bodies and shall be responsible only to the Sejm in accordance with the rules defined in the Law.

2. The Ombudsman may not be brought to justice or deprived of liberty without the prior consent of the Sejm. The Ombudsman may not be detained or arrested, except if apprehended red-handed and if his detention is necessary to ensure the proper course of proceedings. An instance of detention must be communicated without delay to the Marshal of the Sejm who may order immediate release of the detained.

3. The Ombudsman may not hold another position or be engaged in any other professional occupation and may not conduct any public activities that cannot be reconciled with the duties and dignity of his office.

4. After ceasing to carry out his duties the Ombudsman shall have the right to return to his former position or to receive a position equal to the one held formerly.

Article 8.1. The Sejm, with the approval of the Senate, shall dismiss the Ombudsman prior to the end of his term of office if:

  1. the Ombudsman has resigned from his office,

  2. has become permanently unable to perform his duties due to illness or loss of physical fitness certified by a medical opinion,

  3. has acted contrary to the oath taken.

2. The Sejm shall pas a resolution concerning the dismissal of the Ombudsman upon the motion of the Marshal of the Sejm, the Marshal of the Senate, a group of at least 15 deputies or at least 15 senators.

3. The resolution on the dismissal of the Ombudsman shall be sent without delay to the Marshal of the Senate.

4. The Senate shall adopt a resolution concerning the expression of the consent to dismiss the Spoeksman within one month from the date of receipt of the resolution of the Sejm referred to in Paragraph 3. Failure of the Senate to adopt the resolution within one month shall be considered as expression of the consent.

Article 9. The Ombudsman shall undertake actions provided for in the Law on his own initiative while taking into account, in particular, information indicating to infringement of the rights or the interest of a child.

Article 10.1. The Ombudsman may:

  1. apply to public authority agencies, organizations or institutions for the provision of explanations and the necessary information as well as for making available for inspection their files and documents, including those containing personal data,

  2. apply to the relevant bodies, including the Civil Rights Ombudsman, organizations or institutions demanding that they undertake actions to the benefit of a child within the scope of their competencies.

2. The Civil Rights Ombudsman shall deal with matters directed to him by the Ombudsman for Children’s Rights.

Article 11.1. The Ombudsman shall present to relevant public authority agencies, organizations and institutions reviews and motions aimed at ensuring effective protection of the rights and the interest of the child and at rationalization of the procedures for dealing with such matters.

2. The Ombudsman may also apply to the respective bodies demanding that they undertake a legislative initiative or issue or amend other legal acts.

3. The bodies, institutions and organizations to which the Ombudsman has submitted motions as specified in Paragraphs 1 and 2 shall be obliged to take a position with respect to such motions within 30 days from their receipt.

Article 12.1. The Ombudsman shall present to the Sejm and the Senate on annual basis information on his activities and comments on the state of the observance of children’s rights.

2. Information of the Ombudsman shall be publicized.

Article 13.1. The Ombudsman shall carry out his duties with the assistance of the Children`s Ombudsman Bureau.

2. The organization of the Bureau shall be defined by statute conferred by the Marshal of the Sejm.

Article 14. Expenditures connected with the functioning of the Ombudsman shall be taken into account in the Budgetary Law and covered from the funds of the State budget.

Article 15. In the Law on the Remuneration of Persons Holding Executive Positions in State Institutions (Dz.U. No. 20 Item 101, of 1982 No. 31 Item 214, of 1985 No. 22 Item 98 and No. 50 Item 262, of 1987 No. 21 Item 123, of 1989 No. 34 Item 178, of 1991 No. 100 Item 443, of 1993 No. 1 Item 1, of 1995 No. 34 Item 163 and No. 142 Item 701, of 1996 No. 73 Item 350, No. 89 Item 402, No. 106 Item 496 and No. 139 Item 647, of 1997 no. 75 Item 469 and No. 133 Item 883, of 1998 No. 155 Item 1016 and No. 160 Item 1065 and of 1999 no. 110 Item 1255) in Article 2, Paragraph 2 the words “Civil Rights Ombudsman” shall be followed by the words “the Ombudsman for Children’s Rights,”.

Article 16. The following amendments are introduced in the Law on Employees of State Offices (Dz.U. no. 31 Item 214, of 1984 No. 35 Item 187, of 1988 No. 19 Item 132, of 1989 No. 4 Item 24 and No. 34 Item 178 and 182, of 1990 No. 20 Item 121, of 1991 No. 55 Item 234, No. 88 Item 400 and No. 95 Item 425, of 1992 No. 54 Item 254 and No. 90 Item 451, of 1994 No. 136 Item 704, of 1995 No. 132 Item 640, of 1996 No. 89 Item 402 and No. 106 Item 496, of 1997 No. 98 Item 604, No. 133 Item 882 and 883 and No. 141 Item 943, of 1998 No. 131 Item 860, No. 155 Item 1016 and No. 162 Item 1118 and of 1999 No. 49 Item 483 and No. 70 Item 778) :

    1. in Article 1, Paragraph 1, Point 7 shall be followed by additional Point 7a worded:

      “7a) Children`s Ombudsman Bureau, ”;

    2. in Article 36, in Paragraph 5, Point 9a shall be followed by additional Point 9a worded: “9b) the Ombudsman for Children – for the officials of the Children`s Ombudsman Bureau,”;

    3. in Article 48:

      1. in Paragraph 1a the words “points 1, 2, 6, 7, 7a, 9, 10 and 13” shall be replaced by the words “points 1, 2, 6, 7, 7a, 9, 10 and 13”,

      2. in Paragraph 3 the words “points 1, 2, 6, 7, 9, 10 and 13” shall be replaced by the words “points 1, 2, 6, 7, 7a, 9, 10 and 13”.

Article 17. In the Law on the Civil Rights Spokesman (Dz. U. of 1991 no. 109, Item 471, of 1998 no. 106, Item 668 and of 1999 no. 49, Item 483) the following changes are hereby introduced:

    1. Article 1, Paragraph 2 shall be followed by additional Paragraph 2a worded:

      “2a. In matters relating to children the Spokesman shall co-operate with the Ombudsman for Children.”;

    2. Article 9, Point 2 shall be followed by additional Point 2a worded:

“2a) upon the application of the Ombudsman for Children”.

Article 18. In the Law (1) of 23 December 1994 on the Shaping of Funds for Remunerations in State Budgetary Employing Institutions (Dz.U. of 1995 No. 34 Item 163, of 1996 No. 106 Item 496 and No. 139 Item 647, of 1997 no. 133 Item 883, of 1998 No. 117 Item 756, No. 155 Item 1014 and 1016 and No. 160 Item 1059 and of 1999 No. 62 Item 684 and No. 72 Item 802) in Article 2 Paragraph 2, in Point 1 the words “the office of the Civil Rights Spokesman” shall be followed by the words “Children’s Ombudsman Bureau,”.

Article 19. In the Law of 9 May 1996 on the Performance of the Mandate of Deputy and Senator (Dz.U. No. 73 Item 350 and no. 137 Item 638, of 1997 no. 28 Item 153, No. 98 Item 604, No. 106 Item 679, No. 121 Item 770 and No. 160 Item 1080, of 1998 No. 162 Item 1118 and of 1999 no. 52 Item 527 and 528) in Article 30, in Paragraph 1 the words “in the Office of the Civil Rights Spokesman” shall be followed by the words “in the Children’s Ombudsman Bureau,”.

Article 20. In the Law on Public Finances of 26 November 1998 (Dz.U. no. 155, Item 1014 and of 1999 no. 38, Item 360, no. 49, Item 485, no. 70, Item 778 and no. 110, Item 1255) in Article 83 in Paragraph 2 the words “the Civil Rights Spokesman” shall be followed by the words “the Ombudsman for Children,”.

Article 21. The Law comes into force on 1 January 2000.