Joint statement by the Commissioner for Fundamental Rights and his Deputies on the enforcement of the rights of the child and certain events relating to the child protection system

Several investigations have been conducted recently into issues concerning the rights of the child, including problems related to the activities of schools, children's homes, the foster parents' network and the guardianship offices. Fundamental-rights-based monitoring of institutions performing child protection tasks, e.g., special homes, institutions providing care to children with dual needs and transitional educational institutions, is carried out regularly both ex officio and upon a complaint lodged with the Office.

Our Office has been and will be pointing out to the public and the profession the internal anomalies, problems and deficiencies of the child protection system, and requesting to make the investigated procedural rules more transparent, simple and unambiguous, whenever their necessity is objectively justified by the investigations. The conclusions of earlier investigations and this year's reports on various children's homes (Kaposvár, Kalocsa, Makó, and the Kossuth Lajos Children's Home in Budapest) show it clearly that the operation of the child protection warning system is burdened with problems, the boundaries of responsibilities–in many cases–are not or hardly identifiable. Several reports draw the attention to the fact that the professionals working in the system are as indispensable as they are overburdened, and the fullest possible protection of children may be ensure but through the arduous and devoted work of many such professionals.

Investigations conducted by the Ombudsmen during the last 20 years clearly prove that children are one of the most vulnerable groups of society; therefore, any proceedings and/or decisions should be supported by special, legal guarantees, and reflect the foremost interests of the child. The protection of the rights of the child is not the exclusive responsibility of the State and the authorities and institutions dealing with children – it is our common responsibility, requiring special care and caution from everyone.

With a view to all of the above, we hereby call the attention to the responsibility of the media: often inaccurate, generalizing, intimating coverages, looking for scapegoats and taken out of context, do not help but hinder the improvement of the child protection system and the more effective prevention or elimination of infringements. News items that are subsequently found to be based on a mistake or misunderstanding, and reported without due care and caution, may cause extreme damage. Little information and unilaterally reported operational problems may show the public a distorted image, which may cause serious damage to both the children and the professionals concerned.