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Ministry of Social Security and Labour. T he Law on the Fundamentals of Child Rights Protection.
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The Law on the Fundamentals of Child Rights Protection On 14 February 2017 the Seimas adopted amendments to the Law on the Fundamentals of Child Rights Protection (hereinafter – “the Law”), stipulating for the prohibition of all forms of violence against children, including physical punishments. The adopted amendments are aimed at consolidating and defining the forms of violence against children: physical violence, psychological outrage, sexual abuse and neglect. The amendments also set out the State’s obligation to take appropriate measures ensuring that children are protected of children from all forms of violence – including corporal punishment – they may suffer at the hands of their parents, guardians, and any other person caring for the child.
Collaboration Aiming for a better protection of the rights of children in the process of prosecution, the collaboration among the Ministry of Social Security and Labour, the Office of the Ombudsperson of Children Rights and the Office of the Prosecutor General is being improved.
Criminal Procedure Code The Article 186 of the Criminal Procedure Code of the Republic of Lithuania, a representative of a national institution for protection of children rights or a psychologist shall be summoned to the hearing of a witness or victim under 18 years of age only if requested by the parties to the procedure or further to the initiative of the pre-trial investigation officer, prosecutor, or pre-trial investigation judge. As of 1 August 2018, amendments to the Article 186 of the Criminal Procedure Code will establish that a representative of a national institution for protection of children rights or a psychologist shall always be summoned to the hearing of a young child witness or victim.
Integrated assistance in a child-friendly environment Lithuania has already created opportunities for children who have experienced sexual abuse and sexual exploitation to receive the necessary integrated assistance in a child-friendly environment. A centre was established for the integrated provision of services to such children and people close to them. The integrated assistance at the centre includes psychological, social, legal and medical services, The centre was opened on 3 June 2016. To ensure smooth interdepartmental cooperation, guidelines for the provision of integrated assistance to children who are potential victims of sexual exploitation were approved by Order of the Minister of Social Security and Labour No A1-353 of 14 July 2016 ‘On the approval of guidelines for the provision of integrated assistance to children who are potential victims of sexual exploitation’ (the ‘Guidelines’).
Guidelines for the provision of integrated assistance to children who are potential victims of sexual exploitation In providing the integrated assistance, the following principles shall be followed: Individuality Priority of the interests and welfare of the child Equality and non-discrimination Accessibility
Actions to be taken upon suspicion, identification, or receipt of information on the sexual exploitation of a child 1. Having suspected, identified, or received information that a child may have suffered sexual exploitation, physical and legal persons shall immediately report that to the pre-judicial investigation institution (police), prosecutor's office, or CRPD. 2. It is recommended that specialists of pre-judicial investigation institutions, state children's rights protection institutions, and other specialists working with children should investigate, as a matter of urgent priority, the circumstances of sexual exploitation, determine the character of damage, and protect the child against any further traumatic impact during the judicial procedures. 3. It is recommended that the pre-judicial investigation officer or prosecutor who has instituted the pre-judicial investigation concerning the sexual exploitation of the child should address the CRPD and the Assistance Centre in writing with the purpose of organising the medical examination and interviewing of the child and, in case of necessity, short-term integrated assistance to the child and/or his/her family members. 4. If the CRPD has information that a child might have suffered sexual exploitation and needs short-term integrated assistance, it shall address the Assistance Centre independently.
THE PROCEDURE FOR THE INTERVIEWING, MEDICAL EXAMINATION OF, AND PROVISION OF SHORT-TERM INTEGRATED ASSISTANCE TO A CHILD Prior to taking actions, short-term integrated assistance specialists shall assess both aspects (assistance and damage). In case of necessity, the provision of short-term integrated assistance to the child and/or his/her family members shall be started immediately upon suspicion, identification, or receipt of information on the sexual exploitation of the child. The Assistance Centre shall ensure that a child and/or his/her family members can be received around the clock.
The actions of the specialists of the Assistance Centre and other specialists after sending a child and/or his/her family to the Assistance Centre (1) 1. Having received a notice that a child and/or his/her family members is/are being sent to the Assistance Centre, the Director of the Assistance Centre or his authorised person shall immediately form the Short-Term Integrated Assistance Team . 2. The medical examination of the child in the Assistance Centre 3. The psychologist of the Assistance Centre shall perform the psychological assessment of the child. 4. In cooperation with the Assistance Centre, the pre-judicial investigation officer or prosecutor coordinate and appoint the date and time of the interview and draw up the list of the participants of the interview. 5. All necessary conditions shall be created in the Assistance Centre in order to ensure that the interviewing of the child to be performed is in full compliance with the requirements established in the CCP.
The actions of the specialists of the Assistance Centre and other specialists after sending a child and/or his/her family to the Assistance Centre (2) 6. The interviewing of the child by a pre-judicial investigation judge shall be attended by the psychologist of the Assistance Centre and/or specialist (psychologist) of the Regional Court. 7. If the pre-judicial investigation officer or prosecutor decides to interview the child in the Assistance Centre independently with the assistance of the psychologist, the attendance of the latter shall be ensured by the Assistance Centre. 8. The forensic child and adolescent psychologist, pursuant to the provisions of the CCP, shall draw up and provide the conclusions of the specialist to the pre-judicial investigation institution or prosecutor's office.
Consultations with the specialists In providing the short-term integrated assistance, it is sought to ensure its efficiency. For this purpose, the Assistance Centre may ensure consultations with the following specialists: 1. The representative of the CRPD according to the residential place of the child; 2. The forensic medicine doctor or another required healthcare specialist who provides personal healthcare services, pursuant to the requirements established by legislative acts regulating his activities; 3. The prosecutor of the Regional Prosecutor's Office according to the place of the performance of the pre-judicial investigation; 4. The investigators performing the pre-judicial investigation; 5. The specialist (psychologist) of the Regional Court present at the activity area of the institution performing pre-judicial investigation; 6. The person entitled to represent the interests of the child in accordance with Paragraph 2 of Article 55 of the CCP; 7. Other specialists.
RECOMMENDATIONS CONCERNING THE PROVISION OF LONG-TERM INTEGRATED ASSISTANCE Short-Term Assistance Team shall draw up recommendations concerning the provision of long-term integrated assistance to the child and/or his/her family members and shall provide them to the CRPD according to the residential place of the child. the CRPD shall perform the child's file review, draw up the assistance plan and, having coordinated it with the representatives of the child according to law and family members of the child (if the recommendations are also provided to them), recommend the child and/or his/her family members specialists who provide long-term integrated assistance, coordinate its provision in accordance with the drawn-up assistance plan, and analyse the efficiency and execution of the assistance and, in case of necessity, update the assistance plan. In order to ensure the provision of long-term integrated assistance closer to the residential place of the child and/or his/her family members, mobile assistance group may be engaged.
Personal data protection The Assistance Centre, the CRPD, and other persons providing short-term and/or long-term assistance shall ensure personal data protection and confidentiality of the provision of assistance. Information on the child and/or his/her family members may be transferred to other persons only in accordance with the procedure established by the legislative acts of the Republic of Lithuania.
