14. August 2015

 

·      ARSIS Social Organization for the Support of the Youth: E-Mail-Auskunft, 6. August 2015

„Since the collapse of the previous regime (November 1990) the Albanian Governments in row have failed to build an operational welfare system. The Child and/or Youth Protection and Development System remains fragmented; it is unable to operate in the whole territory of Republic of Albania in systemic manner and to follow up on case by case basis.

1. Are there any shelters/facilities in Albania for minor victims of sexual abuse?

So far there are no specialised shelters for such children.

ARSIS operates an emergency shelter up to 72 hours in Tirana (the only of its kind in Albania) when cases of child sex abuse are identified/refered. After the accommodation these children

- are refered to the State Social Service and related agencies for further treatment and Case Management follow up,

- or returned home.

2. Which protection and support measures exist in Albania for victims of sexual abuse (support during proceedings, special rights for minor victims of sexual abuse, …)?

In practice there is barely any substantial support available in place.

3. Can the minor, if returned to Albania, expect support from the youth welfare office regarding accommodation, initial care and basic livelihood?

The minor if returned to Albania will become extremely vulnerable and face severe challenges. There will not be any adequate:

- alternative accommodation available,

- rehabilitation, integration program,

- long-term sustainable support.

4. Is there a possibility of an accommodation outside the family home for the victim or does the minor have to return to his family?

NO, there is not currently sustainable alternative accommodation and support outside family for the children and adolescencts victims of (domestic) sexual abuse.

5. Are there any obstacles concerning access to justice of (minor) victims of sexual abuse?

The protection of victims and witnesses on judicial procedings is nearly non-existent.” (ARSIS Social Organization for the Support of the Youth, 6. August 2015)

Die Anfrage wurde an weitere Experten geschickt. Sollten weitere Antworten bei uns einlangen, werden wir sie unverzüglich an Sie weiterleiten.

 

Die folgenden Ausschnitte aus ausgewählten Quellen enthalten Informationen zu oben genannter Fragestellung (Zugriff auf alle Quellen am 14. August 2015):

Informationen zu Schutzeinrichtungen und Schutzmaßnahmen

·      UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden: Child Notice Albania, Juli 2015 (veröffentlicht von UNICEF, verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/90_1438754232_unicef-child-notice-albania-201507.pdf

„6.2 Protection of disadvantaged and vulnerable children

115. There is legislation in place to protect disadvantaged and vulnerable children but it fails to address three key core issues requirements in all child protection situations:

• An overall legal definition of a ‘child at risk’.

• A legal basis for child protection referrals.

• A legal framework for addressing emergency child protection situations.

116. The overarching strategies of the Ministry of Social Welfare and Youth (MSWY) concerned with the protection and support of vulnerable children, and others, are the two draft ones on social inclusion and social protection respectively (see 2.2 National legislation). A previous attempt to combine these failed in 2013 and the previous individual strategies each expired in the same year.

117. In 2014, the European Commission highlighted in its annual progress report summary that, ‘…the institutional capacity for child protection should be strengthened‘ (following previous criticism by the EC of budgetary, staffing and regulatory shortcomings of the system). The government budget is insufficient and the relevant policies are poorly implemented.

118. Child protection systems and services are weak, and lack quality in their delivery and monitoring. There are only limited standard protocols to identify, record, coordinate and refer cases of violence, abuse, exploitation or neglect such as those encountered by school or health staff; and no formal reporting or referral lines through local social care structures and their staff. Although new operational methodology for case management at local level have been issued, their implementation will depend on ongoing training and, even more importantly, what LGU capacities are in place after the current territorial reform programme (under the 2014 Territorial Reform law) is complete.

119. The MSWY finances the State Social Services (SSS) to fund all public shelters and centres for vulnerable groups. While the SSS has some direct authority in local child protection management, it does not have similar responsibilities for local child rights implementation (see 2.4 Government child rights coordination). The Child Rights Protection law 2010, article 37, puts the responsibilities of the State Agency for Protection of Children’s Rights (SAPCR) on a similar footing with those of the SSS. Better future collaboration and coordination between the two is important to avoid overlapping.

120. National standards are in place for social assistance and services, children in residential institutions, and social services in care centres for potential and actual victims of trafficking and violence. These cover areas such as food, clothing, education, psychological support, protection from abuse, complaints procedures (from children: see paragraph 124 below), preparation for independence, entertainment, and staff qualifications. According to a 2013 report, not all social care service providers use these standards.

121. The challenges for child protection services, in the context of the coming national territorial reorganisation (see 2.2 National legislation), need to be addressed by strengthening the monitoring systems, by making localities accountable for their services and by supporting LGUs to build their capacity in relation to children and developing alternative care systems that support those most vulnerable. With the support of UNICEF Albania, an analysis of the child protection system has begun. It aims to help establish a system that is child-sensitive, cross-cutting and well coordinated, in line with identified social care reform priorities, resulting in more equitable outcomes for children and families.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 51-52)

„Protection from violence and abuse

122. A number of specific and more general laws exist that protect children from violence and abuse (the laws on Domestic Violence, Child’s Rights Protection, Criminal Code, etc.: see 2.2 National legislation) and improved national procedures are introduced. A court of law can order that children are taken from their family for their own protection. It may also place the child in foster care until the situation is resolved. If there is no resolution, the child can be taken care of by extended family members, or be placed in an institution or for adoption.

Unfortunately, there is poor protection implementation on the ground, with no proper structures in place and a lack of staff, skills and staff training. Not much has changed since a 2012 UNICEF report which applauded the higher-level legislative, policy and other machinery supporting child protection but was concerned with the lack of:

• On-the-ground information and training.

• Co-operation procedures to enable better support for children.

• Resources needed for these staff to do their work effectively.

124. Theoretically, children can report cases of violence in residential institutions through complaint procedures but these systems appear not to work (see 4.3 Independent complaints procedures). There are some safeguards to protect institutionalised children from violence, but the Human Rights Committee of the UN International Covenant on Civil and Political Rights (CPPR) was concerned about reports of some children being sexually abused or forced into begging, poor physical conditions inside institutions, and that many children become homeless after leaving care (see 7.7 Domestic violence).“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 52-53)

„Child protection services

125. Child protection units (CPUs) in Albania are important contributors to the child protection system. CPUs are not managed centrally or regionally, but are the responsibility of the LGU in which they operate (including CPU funding and staff recruitment: see 2.4 Government child rights coordination.)

126. The CPUs identify children in need, undertake initial assessments, coordinate child protection meetings, manage casework, and monitor children. Whilst some CPUs have multidisciplinary arrangements with other staff for cases of domestic violence involving children, such collaboration remains patchy and the national coverage overall of CPUs is not yet achieved. As of December 2014, 196 CPUs were established in LGUs, covering 51 per cent of the country. Just 16 per cent of CPUs are only concerned with child protection: others are also expected to offer general social care.

127. The SSS finances 28 residential centres for children, elderly and trafficked persons. They include orphanages where children can be placed until returned to their biological families, placed in foster care, adopted or until the age of 18 years. Eleven centres report to the SSS with the remainder funded by SSS for now (until local government is able to fund them directly), but reporting to their LGUs. Nine of the SSS-financed centres are for children. Over 200 staff work for children in public institutions (107 care takers, 24 educators, 14 social workers, two psychologists and one medical doctor). The remaining staff provide other social services, but what their roles are is unclear.

128. There are also non-state actors that provide a range of child protection and social services, including health, education, legal and psychosocial assistance, running crisis centres, vocational training etc. These are through donor-funded projects of limited duration.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 53)

„Availability of child protection services

129. The distribution of social care services shows that services are concentrated in urban areas (90%), particularly in the centre and west, of Albania (75%). The east and north-eastern parts, which are considered to have the greatest need, are left largely uncovered. The State Agency for Child Rights confirms that 86 per cent of CPUs have delivered reports on case management for 2014. The figure includes also CPUs reporting nought cases managed. Issues regarding the efficiency of CPUs are raised with the reported figures.

130. A 2013 Ombudsman report cites an SSS statement that most NGOs offering child protection services operate in the Tirana, Shkodra and Elbasan regions, while rural areas are more poorly served, particularly in northern Albania. A 2014 study among 21 NGOs in the northern region, on their collaboration with the public sector on family social services, concluded that positive examples of working together would be strengthened with better local government financing of NGOs and greater promotion of their role.

131. The state institutions concerned in child protection do not operate in a systemic, coherent and coordinated manner. Although some local agencies have attempted to create referral networks through CPUs, these are weak. The professionals involved are not obliged in law to identify children at risk so that they can be referred and protected. Even if referral happens, there are no standard protocols for the professionals to follow. There is inadequate co-ordination between the limited social service support available, whether in relation to economic aid or to placing a child in an institution.

132. Access also depends on users having the necessary documentation (e.g. birth certificates). Users also need to know how to access services. This makes it more difficult for families of poor, disabled, Roma and other most vulnerable children.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 54-55)

„6.3 Provision of alternative care for children

139. Orphanages accommodate both ‘biological’ and ‘social’ orphans. The legal guardian for biological orphans (whose parents have died or are unknown) is the institution, and may also be for social orphans if the court so decides. The parents of social orphans are still alive and known but are unable to take care of their children.

140. Placing children in residential care is supposed to be a last resort. An SSS commission determines eligibility for placement in its own institutions. Institutions under local government management require a decision from the district, municipality or communal council. A subsequent court decision is required to assign legal custody of the child to the institution. Otherwise, children are placed in institutions after a court declares them to be ’abandoned’ or has removed parental custody, or if the parents cannot afford to support the child. The biological parents, extended family members, or foster family can request courts to grant legal custody back to them.

141. Either parent can initiate the process of sending the child to an institution. In the absence of parents, and depending on a child’s individual situation, the legal guardian, the hospital director where the child was born, the police, the local social welfare centre, the children’s rights unit, or the child protection unit can initiate a placement. […]

143. There are nine public institutions especially for children, three of which also offer non-residential centres for abandoned children, children without proper parental care and for biological or social orphans. The non-residential centres provide educational activities and two meals per day to poor children from the communities where the centres are located. […]

The state-operated residential institutions and shelters, and NGO ones (run by ARSIS, FBSH, and others) are all in major cities. They offer day centres, shelters and family homes for children. The SSS lists NGOs licensed to work with children (also indicating the numbers assisted) and monitors standards across all these institutions. The Labour and Social Care Services Inspectorate performs the actual inspections. Some institutions (the Tirana and Durres public homes and all seven of the private ones) are currently managed using a home-family model, where the children organise themselves, with staff supervision.

Quality of care

146. In these institutional settings, social workers, psychologists, educators and caregivers are among those responsible for childcare. Their qualifications depend on a child’s age (some institutions take children from 0-6 years, others those from 6-18 years old). Having staff qualified to do their job is among the most important standards that institutions can meet. Some training is provided but the Ombudsman has reported that staff are not adequately qualified to work with children of different age groups and to meet their specific needs.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 56-58)

„7.7 Domestic violence

Legislation and policy to protect children

231. The Family Code, Criminal Code, the law on Measures Towards Violence on Family Relations (2008) and Child Rights Protection (2010) all provide for protection of children from abuse, when it involves violence. A special unit within the State Police responds to child protection and cases of domestic violence. Yet, Albania is a country with a very high incidence of domestic and gender based violence. In 2011, 19 women, and in 2012, 27 women were murdered, mainly by partners or by other male family members. Thousands of girls, women, children and older people are victims of systematic domestic violence.

232. The 2006 Domestic Violence law established a mechanism to provide victims of family violence with a protection order, which may be granted by a civil court on the victim’s petition. If the abuser poses a ’direct and immediate threat to the security, health or well-being’ of the victim, emergency protection orders have to be issued within 48 hours by a court.

233. In the case of children, the petitions are issued by the police or prosecution services and emergency protection should be issued within 24 hours. Following amendments to the 2012 Criminal Code (2012), domestic violence is now classified as a criminal act (article 130/a), as is the violation of a protection or emergency protection order (320/321).

234. Shelter is provided to a mother and her children on receipt of a protection order. Sometimes the husband’s removal from the home is required. However, the mother and children may then often have to live in the husband’s family home, putting them at risk again. There are very few family relationship advice programmes, with those that do exist organised by civil society. As a direct result of these problems mothers and children frequently abandon home with nowhere to go.

235. BKTF (United for Child Care and Protection) coalition members have observed that, despite the Domestic Violence law and the efforts made to accommodate mothers and children victims, the service level response is still not functional and efficient. Quite often, shelters refuse to host children in emergencies: because verification and evaluation procedures that take several days must be followed, or because they do not have space (see 6.3 Provision of alternative care for children).

Domestic violence against children

236. UNICEF quotes a 2012 WHO survey which found a 41.5 per cent prevalence of child physical abuse and six per cent for child sexual abuse. These estimates are likely to be low since domestic violence and abuse are considered to be a private matter in Albania. In a 2010 study 58 per cent of children reported ‘light’ and 14 per cent ‘severe’ physical violence. […]

238. In 2013, 108 children victims of domestic violence were reported officially. Five were victims of family sexual abuse (including incest) and 50 were sexually abused in other contexts. From January to June 2014, 95 children victims of domestic violence were reported, and 28 sexual abuse victims (all outside the family). Among the family assessments that IOM Tirana has conducted are cases when domestic violence was the main cause for a child to flee the country.

National provisions on domestic violence

239. The Criminal Code defines child neglect restrictively, in relation only to whether child support is paid, but an important 2013 amendment has made violence against children by family members and others under obligations of care a criminal offence (The UNCRC 2012 had criticised the GoA [Government of Albania] for its lax legal definition in this regard.) Nonetheless, a lack of identification, referral and treatment systems, and the absence of professional accountability, means that most children do not seek help if they suffer abuse and violence.

240. The Human Rights Committee (of the UNCCPR) was also concerned about ineffective police investigations into domestic violence complaints, meaning effective impunity for the perpetrators; about the rarity of any convictions; that the lack of follow-up after protection orders were granted made them largely ineffective, and about the insufficient number and resourcing of shelters for domestic violence victims (see 6.3 Provision of alternative care for children).“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 73-75)

·      USDOS - US Department of State: Country Report on Human Rights Practices 2014 - Albania, 25. Juni 2015 (verfügbar auf ecoi.net)
https://www.ecoi.net/local_link/306336/443611_de.html

„The Ministry of Youth and Social Welfare oversees women’s issues, including domestic violence. The government shelter for domestic violence victims in Tirana assisted 21 women and 36 children through August [2014] but could not accept victims without a court order. NGOs operated four shelters to protect victims from domestic violence, two in Tirana and two outside the capital. […]

Child Abuse: Child abuse, including sexual abuse, occurred, although victims rarely reported it. According to a UN Children’s Fund report issued in 2013, 57 percent of the country’s children between the ages of two and 14 were subject to psychological and/or physical violence. The CRCA reported in 2013 that 58 percent of children were victims of physical abuse, 11 percent of children were victims of sexual harassment, and almost 5 percent of children reported that they had been victims of sexual abuse. Almost 70 percent of children reported psychological abuse from family members, according to the CRCA.“ (USDOS, 25. Juni 2015, Section 6)

·      Europäische Kommission: Albania 2014 Progress Report [SWD(2014) 304 final], 8. Oktober 2014 (verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1226_1413191460_20141008-albania-progress-report-en.pdf

„In the area of children’s rights, the parliamentary committee on minors, domestic violence and gender equality, in cooperation with civil society organisations, adopted a children’s rights resolution with general principles and objectives, and a one-year action plan. Regular hearings on children’s rights were held with civil society organisations. Civil society organisations provided training for child protection units (CPUs). The number of CPUs rose to 189; however, many children in rural areas still lack access to CPUs. Of the 189 CPU specialists, only 31 worked full-time in child protection, while the others were primarily social services workers covering a wider range of issues. There is no framework for monitoring CPUs and coordination at local level remains poor. In April, a new director of the state agency for children’s rights was appointed. However, the child protection system continues to lack sufficient budgetary means, staff continuity and minimum standards of operation. Further action is needed to ensure its effective functioning, make it more accessible to children and raise public awareness. The national child helpline is still run by a nongovernmental organisation with donor funding. Further work is needed on deinstitutionalisation, expanding foster care and ensuring special protection for children in residential institutions. The emigration of unaccompanied minors from Albania to the EU remains a matter of concern. An in-depth analysis of the push factors for emigration by unaccompanied minors towards the EU is needed. Cases of children confined to their homes for fear of retribution in blood feud conflicts persist. No measures have been taken to provide specialised services to sexually abused children and protect them from violations of personal data protection by the media.“ (Europäische Kommission, 8. Oktober 2014, S. 46-47)

·      Albanian People’s Advocate: Information presented by the Albanian People's Advocate (Ombudsman); Albanian People’s Advocate (Ombudsman) report on the human rights situation in Albania [A/HRC/27/NI/6], 5. September 2014 (veröffentlicht von HRC, verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1930_1411473638_g1415655.pdf

„Albania has a legal framework generally completed for the protection of children’s rights. Convention on the rights of the child was ratified by the Parliament of Albania on 27 February 1992 and entered into force in March 1992. Since 4 November 2010, the country has a law on protection of child’s rights (law no. 10347, dated 04.11.2010 ‚On the protection of child’s rights‘). The Albanian National Strategy for the Children 2012-2015 and the Action Plan 2012-2015 provide the application of an inclusive and deep reform in the system of social protection for children and aims to identify the ways to reduce poverty and to create a qualitative system of social services for them. Some projects funded by donors, mostly UNICEF, have made efforts to define measurable indicators on the situation of children in Albania- economic, social, educational, medical, developmental, etc. that will contribute to continuous improvement of children situation.

In accordance with the law on children’s rights, is set up the Governmental Agency for the Protection of Children. Despite its setting up, the lack of experience, the lack of an proactive approach and collaboration with groups of interest and other organizations that operate in this area, have made that its work in favor of children is not applied to much on the ground. The Units for Children’s Rights are set up in 12 districts of the country. However, the situation of children at risk in Albania, remains difficult and problematic. Negative phenomenon such as children’s labor, their trafficking, pornography of minors, children’s poverty, remain important challenges for the effective protection of children at risk, due to lack of specialized services such as psychological intervention and alternative proper care, thorough protection scheme for children in need, etc. The country has not set up the national mechanism of referral for trafficking children and the children that are victim of domestic violence.

Actually, State Social Services are in restructuring process, which also will bring its effects in the services for the children, including placing children in institutions, custody and providing specialized services for them.“ (Albanian People‘s Advocate, 5. September 2014, S. 2)

·      IOM - International Organization for Migration: Berat - Medizinische Versorgung, gefährdete Personengruppen [Beantwortete Rückkehrfrage (ZIRF-Counselling) ZC 87], 11. Juni 2013 (verfügbar auf ZIRF/BAMF)
http://www.bamf.de/SharedDocs/MILo-DB/DE/Rueckkehrfoerderung/Laenderinformationen/Rueckkehrfragen/MedVer/2013/20130611_berat-albanien-medvers-gef-pers_dl.pdf?__blob=publicationFile

„Den Auskunft gebenden Stellen zufolge sind in Albanien die sogenannten Kinderschutzeinheiten (‚Child Protection Units – CPUs‘) innerhalb der Verwaltungsstrukturen der örtlichen Sozialdienste der jeweiligen Städte zuständig. Es gibt bei einer CPU zwei Vollzeitkräfte, die gemeinsam mit einem multidisziplinären Team für die Begleitung von Einzelfällen (gefährdete Kinder und Familien) verantwortlich sind. Dies schließt Kinder ein, die von Gewalt, Ausbeutung, Missbrauch und Vernachlässigung betroffen sind, sowie Kinder von extrem marginalisierten Gemeinschaften. Die CPUs fungieren als Anlaufstelle, in der Kinder und Familien Informationen erhalten und weiter verwiesen werden können an andere unterstützende Strukturen. Es gibt eine kostenlose psychosoziale Beratung in den Büros oder während regelmäßiger Besuche bei den Betroffenen zu hause, die wöchentlich stattfinden sollen. Der Service ist kostenfrei und für stark gefährdete Kinder und Familien gedacht.“ (IOM, 11. Juni 2013, S. 2)

·      CRCA - Children’s Human Rights Centre of Albania: Case-based Surveillance Study on Violence against Children in Albania, Jänner 2013
http://www.crca.al/sites/default/files/publications/Albania%20case-based%20surveillance%20study%20on%20violence%20against%20children.pdf

„The situation in Albania

Albania has neither a centralised system of reported CAN [child abuse and neglect] cases nor unified databases; instead, cases are reported to a wide range of different agencies and bodies. Previous independent reports during more than a 10 year life-span have continuously reported lack of legislation and policies when it comes to CAN monitoring and provisions of services for children and their families.

Social services and respectively child protection services are new in Albania. As such they are one area of public services that have faced rapid development and transformation. In 2004 the country initiated a wide reform of decentralisations of social services, with the aim to bring them closer to the clients, with community based organisations taking the lead to develop new services. […]

In late 2010 Albania approved a new law ‚On Children‘s Rights‘, which among many new dispositions requires public agencies across the social service sector at all levels of administrative organisation (Communes, Municipalities and District) to report on CAN incidence. The child protection system is currently being developed and the country does not have either a system of CAN monitoring nor indicators approved.

As the child protection system is not considered a substantive part of the administration of social services, roles and fuctions among agencies dealing with child child protection and welfare often overlap. The Law on Economic Aid and Social Services requires every Municipality and Commune to have some form of social services established. Social administrators are required to identify the cases and take a decision on each of them. Meanwhile, the Law on the Rights of the Child requires every Commune and Municipality across Albania to establish a Child Protection Unit (CPU), in order to assess and evaluate the situation of children at risk. Child Rights Units are established in 12 regions of Albania to assess the implementation of the law and to coordinate the referral of cases, when services are not available across municipalities and communes within the District. A National Agency for Child Protection has also been established to collect data across CPU‘s and CRU‘s and provide sections against those perpetrators of the law.“ (CRCA, Jänner 2013, S. iv-v)

„There is uneven distribution of services for victims of child abuse and neglect. Child protection and social services function mainly in the largest urban centres, while children living in rural areas are left with very few possibilities to access them.“ (CRCA, Jänner 2013, S. vii)

„Social services are the main institution where the majority of alleged and confirmed cases of violence against children are reported, followed by police. Data reported from the agencies shows that social services were contacted in more than 80 per cent of alleged cases recorded in the study; followed by police in 34 per cent of cases of physical abuse, education services in 24 per cent of cases and medical/health services in 28 per cent of cases. Only 25 per cent of the cases are reported to the legal services. Even when the violence against children was confirmed, the cases were reported to social services, followed by police and mental/health services. Only 18 per cent of cases of physical violence for example, were reported to legal services, showing a pattern that although violence against children has been confirmed the agencies in more than 82 per cent of cases did not report or follow the cases to the appropriate legal authorities, even when they constituted a criminal offence such as sexual violence (21%). This paradigm it’s worrisome because cases did not follow the legal channels, which would enable the perpetrators to be sentenced by a court and legal remedies be made available to children victims of violence. The same pattern seems to follow the mental health services, with 7 per cent of cases of sexual violence against children being reported.“ (CRCA, Jänner 2013, S. x-xi)

„Children continue to live in the same family premises even when extreme forms of abuse are reported to have been exercised by a member of the family. The CBSS [Case-Based Surveillance Study] study also considered measures that were implemented by the agencies towards the family in order to provide care and protection for the child victim. Data shows that in 43 per cent of cases of sexual abuse the child was left with the family with no further care provided, in 18 per cent of cases the child remained with the family while an intervention plan was implemented, while only in 14 per cent of cases the child was moved away from the family thanks to the cooperation of a family member. The agencies reported that in 50 per cent of cases of sexual abuse there was no out of home placement implemented to protect children, with a higher rate for neglect (62%). In 14 per cent of cases of sexual violence children were put in shelters, with a lower percentage for neglected children being placed in shelters (7%).“ (CRCA, Jänner 2013, S. xi)

„Albania is at it initial steps of establishing a functioning child protection system and that of social services for all those in need or risk. The analysis of the system it shows that it can identify most of the CAN forms. However as this process is finished it starts that of case management and many agencies cannot provide children with adequate and referral services as most of the services are not well-distributed, well-funded and coordinated.“ (CRCA, Jänner 2013, S. 70)

·      UNICEF: Keeping children safe from violence, 2013 (veröffentlicht von UNICEF)
http://www.unicef.org/albania/Insights2013_on_violence_against_children.pdf

„If a commune does not treat each case of violence against children, this is because the access to service providers (either public or private, and NGOs) is very limited. - Respondent from Albania

If there were relevant centres for abused children or parents, there would be more cases denounced. The lack of such centres is the reason why most people hide domestic violence. - Respondent from Albania“ (UNICEF, 2013, S. 5)

„The best interest of the child needs to be taken into account. Sometimes a child who has been exposed to violence is interviewed five times. Instead of gathering the information from the first interview and proceeding with the process, the information is actually lost or left somewhere and the child is called for another interview which for the child might not be healthy, especially when he is a victim of physical violence. - Respondent from Albania“ (UNICEF, 2013, S. 6)

Informationen zum Zugang zu rechtlichen Maßnahmen

·      UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden: Child Notice Albania, Juli 2015 (veröffentlicht von UNICEF, verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/90_1438754232_unicef-child-notice-albania-201507.pdf

„4.2 Access to appropriate legal advice

85. Access to appropriate legal advice during penal processes is provided for by the 2008 Legal Aid law. Concerns exist about whether this is offered on time and by lawyers with appropriate specialist skills. This law remains largely inapplicable because it is insufficiently funded through the state budget (see 3.1 Minority group children’s hearings). The NGO Tirana Legal Aid Services (TLAS), working with the Albanian Helsinki Committee, offered over 326 free legal aid services to Roma and Egyptian people in January –November 2014. TLAS believes that:

‘Disadvantaged citizens in Albania are often facing different forms of discrimination by duty holders. They are also subjected to violence, inhuman and degrading treatment and offered poor legal representation in courts‘.

86. A 2014 amendment to the Legal Aid law attempts to improve the access of children to free support. It removed the barrier of having to present supporting documentation.

4.3 Independent complaints procedures

87. Children can complain independently to the Ombudsman, to the Commissioner against Discrimination, and to international and local NGOs. In criminal procedures where a child is the suing party, they must be represented in court by their parents or guardians. The civil court procedures for compensation against damages can also be initiated by a child but they must be presented by a parent or guardian. […]

89. The 2012 UNCRC report urged Government to ensure that all children, including those in institutions, have access to a mechanism where they can file any complaint they have relating to their loss of liberty, or their living conditions and treatment whilst detained. The Albanian Helsinki Committee has since reported (monitoring visits May to December 2014) that requests or complaints in detention centres and prisons were made either verbally or in writing, delivered by hand to staff, or put in complaint boxes in sealed envelopes. However, not all institutions inspected had complaint (or request) boxes.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 44)

·      Albanian People’s Advocate: Information presented by the Albanian People's Advocate (Ombudsman); Albanian People’s Advocate (Ombudsman) report on the human rights situation in Albania [A/HRC/27/NI/6], 5. September 2014 (veröffentlicht von HRC, verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/1930_1411473638_g1415655.pdf

„There is still no independent complaints mechanism for children, despite repeated request made to the government from the Albanian People’s Advocate and organizations that deal with children’s rights. In the framework of Optional Protocol 3 of the Convention on Child Rights, this kind of mechanism should be set up with the People’s Advocate. However, in the framework of these requirements, by the end of 2013, Albanian Parliament approved People’s Advocate’s request to increase the structure of the institution with two other assistant commissioners who together with other assistant commissioners will treat exclusively the issues related to children, as part of a subsection/special department within the institution. This department/subsection will also provide a continuous communication and interchange with the Units and as a result a 24 hours coverage of children’s problems all over the country.“ (Albanian People‘s Advocate, 5. September 2014, S. 3)

·      ACTSEC / ECPAT International – The Albanian Coalition against Child Traffiking and Sexual Exploitation of Children / End Child Prostitution, Child Pornography and Trafficking of Children for sexual purposes International: Universal Periodic Review Albania, September 2013
http://www.crca.al/sites/default/files/publications/ACTSEC%20%20ECPAT%20International%20-%20UPR%20Contribution%20-%20ALBANIA%20-%20May%202014.pdf

„Lack of systematic access to justice and compensation for child victims According to Law No. 10/039 on Legal Assistance, victims of trafficking are entitled to receive free legal assistance during criminal proceedings provided by lawyers. However, in practice it appears that such legal assistance is not systematically available due to financial constraints from the government. NGOs reported that they cover financial costs for legal assistance for trafficking victims. Law No. 10/192 of 3 December 2009 on the Prevention of and Fight against Organised Crime and Trafficking through Preventive Measures against Assets provides with compensation for non-material damages from offenders (e.g. damages to the physical and moral integrity of a child) can be claimed by child victims in Albanian civil courts. This requires that child victims engage in a civil court case in addition to the criminal case filed against the offenders. However, even though this case constitutes a very positive step with regard to the provision of compensation to child victims from the perpetrators, it appears that the case is isolated as no other court decision provided compensation to child victims of trafficking or sexual exploitation from the offenders.“ (ACTSEC / ECPAT International, September 2013, S. 7)

·      CRCA - Children’s Human Rights Centre of Albania: Case-based Surveillance Study on Violence against Children in Albania, Jänner 2013
http://www.crca.al/sites/default/files/publications/Albania%20case-based%20surveillance%20study%20on%20violence%20against%20children.pdf

„Although violence against children constitutes a criminal offence very few legal actions are taken by the agencies to report the perpetrators. As the data were collected for years 2010 and 2011, it reflects the lack of awareness on legal processes and measures to protect children from violence. We observed in 29 per cent of physical violence cases agencies took no legal action, in only 4 per cent of cases of sexual abuse the agencies seek judicial action to remove parents’ rights, in 32 per cent of cases judicial action was taken to prosecute the abuser, in 25 per cent of cases agencies used emergency protection procedures or court orders (14%). In majority of cases (68%) the agencies reported to social services and police with no court involvement. It is difficult to assess what steps the social services / police authority took and whether they brought any of the cases to the prosecution, as we had no opportunity to look into police and social services archives. What data tells us so far is that cases of violence against children are reported to social services and from there measures are not taken sufficiently to bring justice to children who have suffered and survived violence against them“ (CRCA, Jänner 2013, S. xi)

Ausführliche Informationen zum Zugang zu Justiz für Kinder finden Sie auch in folgendem Bericht:

·      White & Case LLP; CRIN - Child Rights International Network: Access to Justice for Children: Albania, Februar 2014 (veröffentlicht von CRIN)
https://www.crin.org/sites/default/files/albania_access_to_justice.pdf

Informationen zur Situation bei Rückkehr

·      UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden: Child Notice Albania, Juli 2015 (veröffentlicht von UNICEF, verfügbar auf ecoi.net)
https://www.ecoi.net/file_upload/90_1438754232_unicef-child-notice-albania-201507.pdf

„8.1 Responsibilities for Albanian unaccompanied children

271. Agreements have been signed between the Albanian and Greek, Kosovo, United Kingdom, Montenegro Governments on the protection and support of child trafficking victims. However, no evidence was found of specific agreements between Albania and countries of destination for cases of unaccompanied children. The State Social Services (SSS) and State Police (SP) signed a joint order in March 2014 on the reception procedures and the assistance to be given to returning unaccompanied Albanian children.

272. For each unaccompanied child case, the official procedure is that the Albanian border police should immediately inform the Regional Directorates of Border and Migration (DBM), who notify the central DBM. The responsibility for collecting information about how the child came to be unaccompanied in the country of destination, on tracing the child’s family, and on organising transport for the family and returned child belongs to the regional DBM. In coordination with the regional SSS social worker, families should be approached to sign a declaration of ‘child acceptance’.

273. The joint order advises that, only where the family environment appears inappropriate for the returning child, should the social worker of SSS perform an assessment using a structured questionnaire (included within the 2014 order). This is followed by case referral to NGOs (usually local ones, some supported by international partners) for support in improving the conditions. The geographical distribution of NGOs and the scope of social care services they can offer is uneven, however (see 6.2 Protection of disadvantaged and vulnerable children). If none of this is possible, the child may be placed in a residential institution (see 6.3 Provision of alternative care for children).

274. In practice, the family assessment is often conducted solely at the request of the authorities of the country of destination prior to return. On the basis of the assessment conducted by SSS the authorities of the country of destination determine whether the best interests of the child is to remain in the country of destination or to return to Albania (see 3.2 Best interests of the child).

275. The child can also be placed in residential care if the family refuses to accept the child, even though the family home is considered acceptable by the social worker. According to national legislation family relatives might apply for guardianship of the child through the court. This might also be done by the State Social Service or the Child Protection Unit although this is not specified in the regulations (articles 263-264 Family Code). However the child (over 10 years) needs to be heard in person by the court before guardianship can be transferred (article 267 Family Code). In the future, procedures on the transfer of guardianship should be regulated in bilateral agreements with the country of destination. Should the child have to be placed in a residential institution complex procedures would need to be followed. No such cases have been reported so far. The DBM has the responsibility to notify families about the child’s arrival, and to provide transport if the family is unable to. […]

279. According to the IOM, existing arrangements in Albania do not take into account the different backgrounds of unaccompanied children and they recognize that there is a need for these children’s better identification and categorization. The IOM also identifies a gap in reintegration services and suggest targeted interventions for unaccompanied children, such as a national reception centre to serve both Albanian and foreign unaccompanied children. […]

Profile and numbers of Albanian unaccompanied children […]

283. The SSS prepared three assessments on family conditions in 2013, 11 in 2014, and 19 between January and April 2015. In 12 cases, between 2013 and 2015, it was impossible to make an assessment since the family could not be traced. The SSS states that returnees are monitored for up to one year by its regional centres […]

285. Since 2008, and following a request from the Italian authorities, IOM Albania has conducted family assessments for Albanian unaccompanied children seeking protection in Italy. Between January and April 2015, 67 family tracing and assessment interviews were conducted. Family assessment by IOM is likewise conducted if other EU countries request it. In the same period, four other cases were assisted with voluntary return and reintegration (2 each from Norway and Italy).

286. Organisations in Albania that are involved in the identification, referral, return and assistance for unaccompanied children include IOM, Terre des Hommes, ARSIS, International Social Services and for unaccompanied child trafficking victims United for Child Care and Protection (BKTF) members.“ (UNICEF The Netherlands; UNICEF Belgium; UNICEF Sweden, Juli 2015, S. 80-83)